95-189 RESOLUTION NO. 95R-189
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3788.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a public dance hall in conjunction with the previously-
approved restaurant with accessory cocktail lounge on certain real
property situated in the City of Anaheim, County of Orange, State
of California, described as:
A PARCEL OF LAND IN FRACTIONAL SECTION 4,
TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO
BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID
FRACTIONAL SECTION 4, 789.50 FEET NORTH OF THE
NORTHWEST CORNER OF LOT 4 OF SAID SECTION AND
RUNNING THENCE NORTH, ALONG THE WEST LINE OF SAID
SECTION, 182 FEET; THENCE EAST, PARALLEL TO THE
NORTH LINE OF SAID LOT 4, 400 FEET TO AN ANGLE
POINT DESCRIBED IN THE DEED FROM JOHN WALTER WALLS
AND WIFE TO ANTHONY E. MC LEAN AND WIFE, RECORDED
SEPTEMBER 11, 1935 IN BOOK 760, PAGE 380 OF
OFFICIAL RECORDS; THENCE SOUTH, PARALLEL TO THE
WEST LINE OF SAID SECTION 4, 182 FEET TO A POINT IN
THE MOST SOUTHERLY LINE OF THE LAND DESCRIBED IN
SAID DEED; THENCE WEST, PARALLEL TO THE NORTH LINE
OF SAID LOT 4, 400 FEET TO THE POINT OF BEGINNING;
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. PC95-112 denying Conditional
Use Permit No. 3788; 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 is not properly one for which a
conditional use permit is authorized by the Anaheim Municipal Code
in that (i) public dance halls are not permitted uses in the zone
in which the property is located (Specific Plan No. 94-1) and/or
(ii) Ordinance No. 5526 permits public dance halls by conditional
use permit only in the CL, ML and MH Zones of the City.
2. That the size and shape of the site for the proposed 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 because the parking
waiver approved in connection with Conditional Use Permit No. 2685
was specifically approved for a bona fide restaurant as shown on
the previously approved plans, as described in the application
submitted by the petitioner in connection with said conditional use
permit, and as analyzed by the parking demand study submitted at
that time to justify the parking waiver.
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 in that public dance halls
involve traffic, noise and possible alcohol related police
responses not normally involved in restaurants which provide
entertainment in conjunction with the service of meals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the action of the City Planning Commission
denying said conditional use permit be, and the same is hereby,
affirmed for the reasons hereinabove specified, and that the
request of said applicant to permit a public dance hall in
conjunction with the previously-approved restaurant with accessory
cocktail lounge on the hereinabove described real property be, and
the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings 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.
2
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 14th day of November,
1995.
MAYOR OF THE CITY OF ~EIM
ATTEST:
CITY CLEW OF THE CITY OF ANAHEIM
14899.1\JWHITE\November 27, 1995 3
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. 95R-189 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 14th day of November, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-189 on
the 14th day of November, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 14th day of November, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City ef Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-189 was duly passed and adopted by the City Council of the City of Anaheim on
November 14th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM