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1981-428 - RESOLUTION NO. 81~-428 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONnITION~ USE PERMIT NO. 2242 ~ WHEREAS, the City Planning C~mmission of the City of Anaheim did receive an application foria conditional use permit from HANS J. BRENN AND FRIGGA K. BREN~, owners, and DERRICK NEWTON, agent, to permit a cocktail lo~nge on certain real prop- erty situated in the City of Anaheim, ~unty of Orange, State of California, described as: . PARCEL 1: The Easterly 107 feet of that portlon of the West half of the Northwest quarter of t~e Northwest quarter of Section 23, in TownshiPi4 South, Range 11 West, in the Rancho Los Coyotes} as per Map recorded in book 51, page 7 and fo+lowing, Miscellaneous Maps, in the office ~f the County Recorder of said County, lying Nor heast of the right of way or the Los Angeles In erurban Railway Company, recorded in book 355, pag~ 364, Deeds; and T~. ATTY--58 (Page 1 of 2 Pages) -, WHEREAS, the City Planning Commission did hold a puhlic hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and ~, WHEREAS, said Commission, after due inspection, investi- gation and studies made by itself and in its behalf and after due consideration of all evidence and repQrts offered at said hearing, did adopt its Resolution No. PC8l-l63 . , approvin9 Conditional Use Permit No. 2242 ; a~d WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Counctl, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and pl~ce fixed for said public hearing, the City Council did hold anq conduct such public hearing and did give all persons interested t~erein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council h~reby finds as follows: 1. That the proposed use is prqperly one for which a conditional use permit is authorized tiy this code; and 2. That the proposed use will a!dversely affect the adjoin- ing land uses and the growth and develppment of the area in which it is proposed to be located; and ,........",. 3. That the size and shape of the site proposed is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfarej and 4. That the traffic generated b~ the proposed use will not impose an undue burden upon the street~ and highways designed and improved to carry the traffic in the a~ea; and 5. That the granting of the con~itional use permit will be detrimental to the peace, health, safe~y and general welfare of the citizens of the City of Anaheim.. NOW, THEREFORE, BE IT RESOLVeD by the City Council of the City of Anaheim that the action of the' City Planning Commission approving Conditional Use Permit No. 2~42 be, and the same is hereby, reversed, and that the request of HANS J. BRENN AND FRIGGA K. BRENN, owners, and DERRICK NEWTON, agent, to permit a cocktail lounge in the hereinabove described real property be, and the same is hereby, denied. -2- ~ ~ - BE IT FURTHER RESOLVED that notice is hereby given to the applicant that the time within which jUdicial review of the afore- said decision must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure. .,--. THE FOREGOING RESOLUTION is ~pproved and adopted by the City Council of the City of Anaheim this 8th ay September, 1981. ATTEST: ~~: ANAHEIM JLW: fIn ~ -3- .l. '~ STA7E OF CALIFORNIA COU~Y OF ORANGE SSe CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R-428 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of ~eptember.t 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS; None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 81R-428 on the 8th day of September, 1981. IN \JITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of September, 1981. ~~ CIT CSRK OF THE C TY O~ ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Cle:rk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-428 duly passed and adopted by the Anaheim City Council on September 8, 1981. ~J.~ . C .lYC E ~