92-110 RESOLUTION NO. 92R-110
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
AMENDMENTS TO CERTAIN CONDITIONS OF
APPROVAL IN CONDITIONAL USE PERMITS
NOS. 3081 AND 3420 AS APPROVED BY
RESOLUTIONS NOS. PC88-303, PC91-87
AND PC91-88.
WHEREAS, the Anaheim City Planning Commission
heretofore adopted its Resolution No. 88R-303 approving
Conditional Use Permit No. 3081 to permit a 6-unit commercial
retail center, subject to certain conditions of approval; and
WHEREAS, the conditions of approval of said Conditional
Use Permit No. 3081 relating to the permitted hours of operation
of the commercial retail center were thereinafter amended by
Resolution No. PC91-88; and
WHEREAS, the Anaheim City Planning Commission
heretofore adopted its Resolution No. 91R-87 approving
Conditional Use Permit No. 3420 to permit a convenience market,
subject to certain conditions of approval; and
WHEREAS, the applicant now seeks to amend the
conditions of approval of Conditional Use Permit No. 3081 as set
forth in Resolution No. PC88-303 and amended by Resolution No.
PC91-88 by amending Condition No. 13 thereof relating to the
permitted hours of operation of the commercial retail center; and
WHEREAS, the applicant now seeks to amend the
conditions of approval of Conditional Use Permit No. 3420 as set
forth in Resolution No. PC91-87 by (i) amending Condition No. 9
thereof relating to the permitted hours of operation of the
convenience markets and (ii) amending or deleting Condition No. 4
thereof which prohibits the sale of alcoholic beverages on the
subject property; and
WHEREAS, the Anaheim city Planning Commission held a
duly noticed public hearing upon said requests for amendments to
the conditions of approval of Conditional Use Permits Nos. 3081
and 3420 and, after the receipt of evidence and testimony
thereon, adopted its Resolution No. PC92-55 denying said
requests; and
WHEREAS, thereafter within the time permitted by law,
the applicant appealed said decision to the City Council; and
WHEREAS, the City Council held a duly noticed public
hearing on June 2, 1992, at which hearing the City Council did
receive and consider evidence, both oral and documentary,
relating to said requests; and
WHEREAS, the city Council hereby finds and determines
on the basis of such evidence that the amendment of Condition No.
13 of Conditional Use Permit No. 3081, as set forth in Resolution
No. PC88R-303 and heretofore amended by Resolution No. PC91-88,
and the amendment of Condition No. 9 of Conditional Use Permit
No. 3420, as set forth in Resolution No. PC91-87, are not
reasonably necessary to protect the public peace, health, safety
or general welfare, nor necessary to permit reasonable operation
under said Conditional Use Permit No. 3081 or Conditional Use
Permit No. 3420 for the following reasons:
1. The hours of operation originally permitted
pursuant to Conditional Use Permit No. 3081 were amended by
Resolution No. PC91-88 to permit operation of the commercial
retail center between the hours of 7:00 a.m. and 9:00 p.m. daily
plus one additional hour (until 10:00 p.m.) for employees to
close-up and leave the premises; and
2. Said hours of operation were requested and agreed
to by the applicant at the time of approval of Resolutions Nos.
91R-87 and 91PC-88 on June 17, 1991; and
3. The applicant failed to present evidence at the
public hearing before the City Council demonstrating that such
amendment to the hours of operation was necessary to permit
reasonable operation of the commercial retail center or the
convenience market; and
WHEREAS, the City Council further finds and determines
based upon evidence presented at the public hearing that the
amendment to, or deletion of, Condition No. 4 of Conditional Use
Permit No. 3420, as set forth in Resolution No. PC91-87, is not
reasonably necessary to protect the public peace, health, safety
or general welfare, nor necessary to permit reasonable operation
under Conditional Use Permit No. 3420 for the following reasons:
1. The applicant stipulated and agreed to a condition
of the permit prohibiting the sale of alcoholic beverages on the
premises in conjunction with the approval of Conditional Use
Permit No. 3420 on June 17, 1991; and
2. The applicant accepted said permit subject to the
aforesaid condition and restriction and exercised the privileges
granted thereunder; and
3. Other convenience markets are in operation in the
City of Anaheim which do not sell (and which as a condition of
their operation have been prohibited from selling) alcoholiu
beverages; and
4. The evidence presented at the public hearing did
not demonstrate that the sale of alcoholic beverages is necessary
to present reasonable operation of the market.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the city of Anaheim that, for the reasons hereinabove set forth,
the request of the applicant to amend Condition No. 13 of
Conditional Use Permit No. 3081 as heretofore approved by
Resolution No. PC88R-303 and amended by Resolution No. 91R-88 be,
and the same is hereby, denied.
BE IT FURTHER RESOLVED that, for the reasons
hereinabove set forth, the request of the applicant to amend
Condition No. 9 and amend or delete Condition No. 4 of
Conditional Use Permit No. 3420 as heretofore approved by
Resolution No. PC91-87 be, and the same is hereby denied.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 2nd day of June, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
RC308120.12
063092
STA2TE 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. 92R-110
was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day
of June, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly 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. 92R-110 on the 3rd day
of June, 1992. '~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd
day of June, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of ~
Resolution No. 92R-110 duly passed and adopted by the City Council of the City of Anaheim on June 2, 1992,
CITY CLERK OF THE CITY OF ANAHEIM