91-322 RESOLUTION NO. 91R-322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
3458.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to (i) permit expansion of the square footage of a facility for the
on-premises sale and consumption of alcoholic beverages, and (ii)
allow on-premises sale and consumption of distilled spirits (in
addition to beer previously approved) on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
LOT 1, 2, 3 AND 4 OF TRACT NO. 2701, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 115,
PAGE(S) 5 AND 6 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
and
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
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation 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. PC91-156 denying Conditional
Use Permit No. 3458; 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
consideration of the action of the City Planning Commission and all
evidence and reports offered 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 based upon the following findings:
(a) During the two-year period from July 31, 1989
through August 2, 1991, the Anaheim Police Department received and
reported 78 calls for service within the 2200 block of Colchester
Avenue of which number 20 calls (26% of the total) were
attributable to the commercial retail center at 2230 W. Colchester
(site of the proposed use); and
(b) The area of the proposed use is already
overconcentrated with "on-sale" alcoholic beverage establishments;
and
(c) The premises are located in a commercial retail
center located adjacent to multiple-family residential dwellings on
the north and west sides; and
(d) The proposed change of the existing liquor license
of the premises to general alcohol sales would exacerbate the
negative impacts this use has upon the adjacent residential areas;
and
(e) The premises are located in an area of the City
(south Brookhurst street) identified by the City as a high crime
area based upon statistics of the Anaheim Police Department which
crime statistics are due, at least in part, to the proliferation
and overconcentration of alcohol-related uses in the area.
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 based upon the findings
set forth in subparagraphs (a) through (e) of paragraph 1 above.
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 based upon the findings set
forth in subparagraphs (a) through (e) of paragraphs 1 above.
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
SECTIONS 18.06.050.0211 Minimum number of Darkin~ spaces.
18.06.050.022 (95 required; 60 existing)
18.06.050.0235
and 18.44.066.050
AND WHEREAS, the city Council does further find, after
careful consideration of the action of the Planning Commission and
all evidence and reports offered at said public hearing before the
City Council regarding said requested waiver(s), that all of the
conditions set forth in Section 18.06.080 of the Anaheim Municipal
Code are not present, and that the aforesaid waiver(s) should be
denied, for the reason that the underlying activities and uses
which would require said waiver(s) have been denied as hereinabove
set forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission denying said conditional use
permit be, and the same is hereby, affirmed and that the request of
the applicant to (i) permit expansion of the square footages of a
facility for the on premise sale and consumption of alcoholic
~-~ beverages, and (ii) allow on-premise sale consumption of distilled
spirits (in addition to beer previously approved) with a waiver of
certain provisions of the Anaheim Municipal Code be, and the same
is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
reheatings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
the provisions of Section 1094.6 of the Code of Civil Procedure and
Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 19th day of November,
1991.
MA~DR OF THE CITY OF A~EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3458.12
112591
- 3 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) es.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-322 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 19th day of
November, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle 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-322 on the 20th day of November, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 20th day of November, 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-322 duly passed and adopted
by the City Council of the City of Anaheim on November 19, 1991.
CITY CLERK OF THE CITY OF ANAHEIM