Resolution-PC 2002-167~
~
RESOLUTION NO. PC2002-167
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04618 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THOSE PORTIONS OF LOT 34 OF TRACT NO. 4757, AS SHOWN ON A MAP
RECORDED IN BOOK 184, PAGES 47 AND 48 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
PARCEL A: PARCEL 1 AS SHOWN ON A MAP RECORDED IN BOOK 47, PAGE 13
OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 4, 2002 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,.
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.010 and 18.44.050.285 to wit: to permit and retain a public
dance hall with a cover charge and on-premises sales and consumption of alcoholic beverages in
conjunction with an existing restaurant, and with waiver of the following:
Sections 18.06.050.020.021.0211
18.06.050.020.021.0212
18.06.050.020.023.0231
18.06.050.022
18 .06 .050 . 020.023.0231
18.06.080
and 18.44.066.050
Minimum number of qarkinq spaces.
(528 spaces required for subject restaurant and the adjacent~,
and nearby commercial uses;
520 sqaces proposed and concurred with by the City Traffic and
Transportation Manager)
2. That the proposed use is hereby denied on the basis that the crime rate for the
underlying Reporting District is signifiicantiy above (155%) the average crime rate fior the City of Anaheim;
that, as reported by the Anaheim Police Department, 171 calls for service for this property have been
received since January 2001, resulting in 85 incident reports; and that the combination of on-premises
sales and consumption of alcoholic beverages, a public dance hall and the existing high crime rate has
been detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim
due to this location's proximity to residential neighborhoods.
3. That the use, as proposed to be retained, has adversely affected the adjoining land uses
and the growth and development of the area in which it is located.
4. That the size and shape of the site for the use, as proposed to be retained, is not
adequate to allow full development of the proposal in a manner not detrimental to the particular area nor
to the peace, health, safety, and general welfare.
cr5497dm.doc -1- PC2002-167
~ ~
5. That the traffic generated by the use, as proposed to be retained, would impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
6. That the waiver of minimum number of parking spaces is hereby denied on the basis that
the proposed use (a public dance hall with a cover charge and on-premises sales and consumption of
alcoholic beverages in conjunction with an existing restaurant use) was denied.
7. That one person was present at the public hearing in opposition to the proposal; and that
no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Conditional Use Permit on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Pfanning Commission meeting of
November 4, 2002.
~
~~~L.. ~~ -_ _
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~ •
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 4, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: C01riMiSSiONcRS: R01~ER0
IN WiTNESS WHEREOF, I have hereunto set my hand this ~9 ~ day of
WD/Crn 6tJZ., 2002.
i~iC~~N"v"`- ~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC2002-167