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1981-016RESOLUTION NO. 81R-16 A RESOLUTION OF THE CITY COi1NCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2137 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application £or a conditional use permit from HARVEY S. OWEN AND NORMA M. OWEN, owners, and GWENDELYN FAME ARD, agent, to permit an adult entertainment business (massage parlor and sauna bath) on certain real property located within the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF LOT 5 OF BLOCK 17 OF A SUB- DIVISION OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M., AS SHOWN ON A MAP RE- CORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, A PORTION OF SAID LOT 5 ALSO BEING SHOWN ON A MAP OF TRACT N0. 2177, RECORDED IN BOOK 59, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BE- GINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY 260.00 FEET OF SAID LOT 5; THENCE SOUTH 89 degrees 41' 50" EAST 255.01 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 5 TO A LINE PARALLEL WITH AND DISTANT EASTERLY 255.00 FEET, MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID LOT 5; THENCE NORTH 0 degrees 55' 00" EAST 102.26 FEET ALONG SAID PARALLEL LINE TO THE SOUTHERLY LINE OF LOT 21 OF TRACT N0. 2177; THENCE NORTH 89 degrees 33' 43" WEST 255.01 FEET ALONG SAID SOUTHERLY LINE AND ITS WEST- ERLY PROLONGATION TO THE WESTERLY LINE OF SAID LOT 5; THENCE SOUTH 0 degrees 55' 00" WEST 102.85 FEET TO THE POINT OF BEGINNING; and -1- ATTY--58 (Page 1 of 2 Pages) WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City iia11 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 reports offered at said hearing, did adopt its Resolution No. PC80-203 , denying Conditional Use Permit No. 21 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 con- sideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that said business fails to meet the minimum locational requirements set forth in Section 18.89.030 of the Anaheim Municipal Code and that all of the conditions and criteria set forth in Section 18.03.030. 030 of the Anaheim Municipal Code are not present and, therefore, that Conditional Use Permit No. 2137 should be denied. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission denying Conditional Use Permit No. 2137 be, and t~~e same is hereby, affirmed, and that the request of HARVEY S. OWEN AND NORMA M. OWEN, owners, and GWENDELYN FAYE ARD, agent, to permit an adult entertain- ment business (massage parlor and sauna bath) at the hereinabove location be, and the same is hereby, denied. City 1981. THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim this 20th day of January ATTEST: %` r ~. _ ~~_ CIT CLERK~OF ':I~-iE CITY OF ANAHEIM JLW : fm -2- ATTY-58 (Page 2 of 2 Pages) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R-16 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of January, 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-16 on the 20th day of January, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of January, 1981. CITY ERK OF THE~CITY F ANAHEIM (SEAL) I, LINDA D. P.OBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-16 duly passed and adopted by the Anaheim City Council on January 20, 1981. CITY CLERK