PC 79-51RESOLUTION N0. PC79-51
A RESOLUTIOH Of THE ANAHEIM LITY PLANN111G COHNISSION
THAT P:T1T104 FOR CONDITIONAL USE PERMIT N0. 1?S2 BE DEhIED
WHEREdS, the Anahelm City Planning Commission did recelve a verifled
Petitton for Condit{onal Use Permit from HEtIP.Y J, LEA50~1, P. 0, Bwc 447, Los
Alamitos, Lalifornia, ?0720. ovmer~ and AR!1ANDQ B. AND JUAtiiTA V. SANCHEZ, 123 Maude
Lane, Anaheim. California ~2806, a9en[s, of cer[ain real property situated in the
Lity of Anaheim, County of Oran~e, State of Californla, descrlbed as:
Lot 20 of Tract 5078, Clty of Anahefm, as per mao recorded in book
188, pages 7 and 8 of Miscellaneous Haps~ records of satd County.
1lHEREl1S. the Clty Planning Commissfon did hold a public hearing at the City
t{all ln the City of Anaheim on March 12, 1979, at 1:30 p.m,, no[ice of sald public
hearing havin9 been duly gfven as required by laH and in accordance wtth the
provisions of the Anaheim Muntci~al Code, Chapter 18,03, to hear and consider
evidence for anJ agalnst sald proposed condi[tonal use and to investlqate and make
findings and recommendations in connection therewith; and
NHEREAS, saicl Com~ission, after due inspection, investigat!on and study made
by itscif and in iCs hehalf, and after due considera[lon of all ev(dence and reports
offere~! at said hearing, does find and determine the following facts:
1. That the proposed use is prooerly one fo~• which a conditional use
permit is au[horized by Anahelm Munictpal Lode Sections 18.Q~.03~.01~ and
18.1G.o5o.39~ to wit: to permit a cochtail loun~e witfi dancina and with a waiver of:
SECTIONS 13.0~.050.0232 - Minimum number of arktna snaces.
and To, i.d .OiG ti9 spacrs required;
19 spaces existinq,
2. That the proposed waiver is hereby denied on the basis that the
extstin9 use has generated parking r.eeJs exceeding the avatlabie on-slte spaces and
parktng has become a problem i~ the area because petitioner's customers are parking
at other business locatTons and causin9 adverse effects on these nelghboring
properties.
3. That the proposed use is hereby denied on the basis that the existing
use which tncludes on-sale beer and wine has had a detrimental effect o~ the
surrounding industrtal area in terms of trash, parking and othcr nuisances, and tha[
further expansion or incensification of sald use as proposed to tnclude on-sale
liquor willincrease the existing adverse condltions.
4. That the proposed use wtll adversely affect thc adJoining land uses and
the growth and development of the area In which It fs proposed to be located.
5. That the size and shape of the site proposed for the use is not
adequa[e to allow [hc full de•elopne~; of the proposed use in a manner noi
detrimental to [he partTcular area nor to the peace, health. safe'ty and general
welfare of the Cittzens of the Clty of Anahelm.
PC79-51
RESOLUTI6N N0. PC79-51
A RESOLUTIO~~ OF THE ANAHEIM CITY PLANNItlG C0~IMISSI~N
TNAT PETITION FOR LOI~~ITIONAL USE PERMIT N0. 1~52 BE DENIED
WHEREAS, the Anaheim City Planning Commission did recetve a verified
Petition for Condttional Use Permit from HEtIP.Y J. LEASON~ P, 0. Box 447~ Los
Alamttos, Callfornia. 9~720~ owncr, and ARMANDO B. AND JUA`tI~A V. SANCNEZ, 123 Haude
lane, Anaheim, Californta ~2206, agents, of certain real property situateC ln the
Ci[y of Anaheim, County of Orange, State of Californta~ descriEed as:
Lot 20 of Tract 5~7°. Clty of Anaheim, as ver map recorded in book
133, pages 7 a~d 8 of Miscellaneous Maps, records of satd Coun[y.
11HEREP.S, the C(ty Planning Commtsslon dld hold a oublic hearin9 at the City
Hall in the City of Anaheim on Narch 12, 1?79, at 1:30 p.m., notice of said nublie
hearinq having been July given as required by laN and in accordance with the
provislons of the Anahefm Municipal Code, Chapter 1°.03, to hear and consider
evfdence for and against said proposed conditlonal use and to investiqate and make
findings and recom~ne~dations in connection therewith; and
N!IEREAS, said Comr~ission, after due inspection, invest~gation and study made
by itself and in i[s behalf, and after due consideratlon ~f all evtderce ancS reports
offered a[ said hearing, does find and determine the followinq facts:
i. That the pronosed use is rrnnerly one for which a conAicional use
permi[ is authorized by Anaheim Municlpal Co~~ Sections 18.C3.030.010 and
18.1E.05~.39~ to wit: to permit a coc4tail loun~e with danctnc and with a waiver of:
SECT~ONS 1n.0~.,060.?232 - Minimum ~umher of oarkinn snaces,
and 1.~1,0 .^iQ 4 spaces rcqu red;
1? spaces existing.
2. That tfie proposed Naiver Is hereby dented on the basis [hat the
existing use has generated park:ng needs exceeding the avail~ble on-slte spaces and
parking has become a problem in the area because peti[toner's customers are parking
at other business locations and causin~ adverse effects on these neighbortng
propertfes.
3. That +[he proposed use is hercby denied on the basis that the existing
use whlch includes on-sale beer and wine has had a detrimental effect on the
surrounding industrEal area in terms of trash, parking and other nutsances. and that
further expansion or in[enstficatton of satd use as proposed to include on-sale
liquor willincrease the existing aQverse condlttons.
4. 7hac the propased use wil) adversely affect the adJoi~Tng land uses and
the gruwth and development of the area In whtch it is proposed to be located.
5. That thr_ size and shape of the site {.roposed for the use is no[
adequate to atlow [he full developnent of thc proposed use in a manner not
detrimental to the parttcular area nor to the peace. heaith~ safety and general
welfare of the Citizens of the City of MaheTm.
PC79-51
6. 'fhat the granting of the Condttional Use Permit Nil) be detrtmental [o
thc peacc, health, safety and general welfare of [he Cltizens of the City of Anaheim.
7. That 4 persons indicated thelr presence ac sald public hearing Tn
opposition; and that no correspondence was received In oppositlon to the subJect
petitlon.
ENVIROIINENTAL It1PAGT FitJD~NG; That the Anaheim City Planniny Commission has
revlewcd the proposa eo permit a cocktail lounge with dancinp -+ith a aatver of
minimum number of park(ng spaces on a rectangularly-shaped parcel of land consistTng
of appi~oximately 0.3 acre, having a frontage of approximately 130 feet on the east
side of Fountain Way, having a manimum depth of approxir+ately 111 feet, being located
approxinately 203 feet north of the centerline of La Palna Avenue; and does hereby
approvc the Negative Declaraclon from the requlrement to prcpare an environmental
Impact report on the basis [hat there ~+ould be no signtficant individual or
cumulative adverse environmen[al impact due to the approval of this Negative
Declaratlon sinc~~ the Anaheim General Plan deslgnates ihe subJect praperty for
9eneral Industrlal lanJ uses commensurate with the proposal; that no sensitive
environnental impacts are Invoived In the proposal; that the Inittal Study submitted
by the petitioner Tndicates no significant individual or cunulatTve adverse
envTronnental impacts; and that the Negative Declaration substantiating the foregoing
flndings is on flle in the City of Anaheim Planninq Dcpar[ment.
IIOU, TIICREFORE, BE IT RESOLVED [hat [hc Anaheim City Planninq Commission
does hereby deny subject Petition for Conditional Usc Permt~ on the basis of the
aforemen[ioned findinas.
TNE FOP,E601fIG RESOLUTIOR ts signcd ond approvr.d by me this 12th day of
March. 147~~. /` ~
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~~~i i~ nr~. . t i ~nr~N i ~~ oyr, i 5 IoN
ATTEST:
~~.il~ ~ ~.~.~.~.;.-
SECRET~R~, At1AtIEIN CITY PLANNING COMMIS510!7
STATE 0~ CAIIFOR~IIA )
COUNTY JF ORAIIGE ) ss.
CITY OF ANAHEIM )
I. Edith L. Horris. Secretary of the Anaheim Ci[y Planning CommtssTon. do
hereby certify tha[ tha foregoing resolution was passed and adopted at a meetTng of
the Anahelm Lity Planning Comnisston held on March 12. 1979~ by the following vote of
thc members thercof:
AYES: LOMMISSIONERS: BARNES~ BUSHO4E. DAVID~ HERBST. JONtISON, KING
NOES: COMMISSIONERS: NONE
ABSENT: CONMISSIONERS: TOLAR
1979.
IN MITNE55 FIHEREOF~ I have hereunto set my hand *.his 12[h day of Mareh~
~Q..~. ,~ ~J~t.~,~.:..
SECRfTAR ~ AMEIM CITY L NNING COlIMISSION
-2- PC79-51