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91-326 RESOLUTION NO. 91R-326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2963 AS APPROVED BY RESOLUTION NO. 88R-14, AS AMENDED. WHEREAS, the city Council of the City of Anaheim heretofore adopted Resolution No. 88R-14 approving Conditional Use Permit No. 2963, subject to certain conditions specified therein; and WHEREAS, the conditions of approval of said Conditional Use Permit No. 2963 have heretofore been amended by Resolution No. 89R-468 and further amended by Resolution No. 90R-451; and WHEREAS, the permittee has now requested a further amendment to certain of said conditions of approval; and WHEREAS, the city Council held a duly noticed public hearing on December 3, 1991, at which hearing the city Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval is not reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said Conditional Use Permit No. 2963 for the following reasons: 1. Said Condittional Use Permit No. 2963 was granted for a limited period of time (or term) which original term was subsequently twice extended permitting a total of four years of operation for said use; and 2. Any further amendment to the conditions of approval to authorize an additional extension of the term of such use is not in the public interest and is contrary to the public health, refer and general welfare since such premises have been the subject of recent criminal activity related, in whole or part, to the sale and consumtion of alcoholic beverages on the premises. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 2963 as approved by Resolution No. 88R-14, as amended by Resolutions No. 89R-468 and 90R-451, be, and the same is hereby, denied for the reasons hereinabove set forth. CUP #2963 BE IT FURTHER RESOLVED that said petition to amend said conditions of approval of Conditional Use Permit No. 2963 be, and the same is hereby, denied for the reasons hereinabove set forth. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3~4 day of December, 1991. JLW:dnl R34C2963.12 120991 - 2 - CUP #2963 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. 91R-326 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 3rd day of December, 1991, 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. 91R-326 on the 4th day of December, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of December, 1991. 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. 91R-326 duly passed and adopted by the City Council of the City of Anaheim on December 3, 1991. CITY CLERK OF THE CITY OF ANAHEIM