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1981-532RESOLUTION NO. 81R -532 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2253 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from PULLIAM PROPERTIES, INC., owner, and WAYNE L. PETERSON, agent, to permit the on -sale of beer and wine in an existing school for gambling instruction with a waiver of minimum number of required off street parking spaces on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: That portion of the Westerly 77.2 acres of Lot 1 in Block "K" of the Kraemer Tract, as shown on a Map recorded in book 12, pages 87 and 88 of Miscellaneous Records, of the County of Los Angeles lying Southerly of the centerline of the land described in the deed to the State of California recorded March 11, 1937 in book 872, page 300 of Official Records. Except that portion lying Southerly of the Northerly line of the land described in the deed to the Santa Fe Land Improvement Company recorded March 4, 1910 in Book 177, Page 263 of deeds of said county; and ATTY -58 (Page 1 of 2 Pages) 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 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. PC81 -188 granting Conditional Use Permit No. 2253 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 action of the Planning Commission and all evidence and testimony received 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: 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; and 2. That the size and shape of the site proposed for the use 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 welfare; and 3. 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting Conditional Use Permit No. 2253 be, and the same is hereby, reversed for the reasons hereinabove specified, and that the re- quest of PULLIAM PROPERTIES, INC., owner, and WAYNE L. PETERSON, agent, to permit the on -sale of beer and wine in an existing school for gambling instruction with a waiver of minimum number of re- quired off street parking spaces be, and the same is hereby, denied. 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 approved and adopted by the City Council of the City of Anaheim this 10th day of November, 1981. ATTEST: JLW:fm CITY'CLERK OF THE C Y OF ANAHEIM 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 -532 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of November, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 81R -532 on the 10th day of November, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of November, 1981. (SEAL) CITY C ERK OF TH CI Y OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R -532 duly passed and adopted by the Anaheim City Council on November 10, 1981.