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90-429 RESOLUTION NO. 90R-429 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3347. WHEREAS, the City Planning Commission of the city of Anaheim did receive an application for a conditional use permit to permit on-sale of alcoholic beverages, including a separate bar with dancing, in an existing restaurant on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE EAST 390.82 FEET OF THE EAST 10 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC90-248 granting Conditional Use Permit No. 3347; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the city Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the city Council does find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the city Council, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code are not present for the following reasons: DNYG CUP 3347 1. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located for the following reasons: a. Said area is oversaturated with on-sale alcoholic beverage businesses in that 34 of such businesses are located in the immediate area, including 7 out of 13 businesses in the same block as the proposed use; and b. Said on-sale alcoholic beverage businesses have resulted in increased crime, refuse and deterioration of the area; and c. Said proposed use is inimical to the peace, health, safety and welfare of other uses in the area, including the residential properties, church, three grade schools and girls' high school in the vicinity of said proposed use. 2. That the granting of the conditional use permit would be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim for the reasons set forth in the proceeding paragraph. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Anaheim that said conditional use permit be, and the same is hereby, denied for the reasons hereinabove specified, and that the request of said applicant to permit on-sale of alcoholic beverages, including a separate bar with dancing, in an existing restaurant on the hereinabove described real property be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of December, 1990. ~,'MAYOR OF THE ~IT¥~ ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEI~ JLW:db R34C3347.113 DNYG CUP 3347 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-429 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of December, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-429 on the 12th day of December, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of December, 1990. (SEAl,) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R~429 duly passed and adopted by the Anaheim City Council on December 4, 1990. CITY CLERK OF THE CITY OF ANAHEIM