PC 80-157l
RESOLUTIO~! ~JO, PC3~-157
A RESOLUTION OF THE AtfAHEIM CITY PLA~lt•litJr, COIIHISSIOM
THAT PETITIQN FQR COMDITI~NAL USE PERFIIT W0, 2~~ltF gE ~RAMTED, IN PART
WNEREAS, the Anahein City Plannin~ Commission did receive a~ierified
Petition for Conditional Use Permit from LARRY R, SMITH A61D JUDITH I, SMITH, 1701i6
Marina ~ay Drive, Huntington Seach, California, 92649~ owners, and GEORGE NICHOLS AND
WILLIAM NICHOLS, 573~ Edward :lare Circle, Garden Grove, California 92645, agents, of
certain real property si;uated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTIOPI OF THE SOUTHEAST QUARTER OF Tf!E SO~JTHEAST QUARTEP. Of
SECTtON 15, TOWNSHIP 4 SOUTfi, RA~lCE 11 LlEST, ~~~ THE RAP~CHO LOS
COYOTES, CITY OF A~IAHEIM~ COUNTY OF ORq~~GE, STATE OF CALIFOR~IIA,
RS PER MAP RECORDED IN BOJK 51 PAGE 11 OF ~11SCELLAPJ~0115 MAPS, Itl
7HE OFFICE OF THE COU~JTY RECORDER OF SAID COUNTY. BEGIMNING AT
TfiE SOUTHEAST COR~JER OF SAID SECTION; THENCE SOUTH ~°~ 36~ WEST
243.02 FEET; T}iEi~CE 'JORTN 53° 24~ WEST ALONG THE PACIFIC ELECTRIf.
RAILROAD RIGHT-OF-WAY ~21,62 FEET; THENCE ~~ORTH 0° 13~ WEST 72.95
FEET; THE~VCE ~3~RiH $R° 36~ EAST 222.3 FFET TO THE IFITFRSECTI~N
WITH A LINE PAR:,LLEL WITH THE FAST LIP;E OF SAID SECTI(1N A~ID
DISTAtJT WESTERLY 443.00 FEET FCOM SAID EASTERLY LINE OF SAID
SECTION, SAID IDlTERSECTION REIPJG TNE TRUE POINT OF BE~IPINING;
TNENCE PARALLEL WIT4 SA~D EASf LIPIE, SOUTH p° 15~ 45~~ EAST 17~.~(1
FEE'f; THENCE NORTH 89° 3G' EAST 24~.~0 FEET; TNEFIf.E PpRALLEL WITH
SAID EAST LINE SOUTH 0° 15' 4>" EAST ~63,74 FEET TO A LINE
PARALLEL WITH AND DISTANT 53.~0 FEET ~dORTHERLY FR011 THE COURSE
HERElNBEFORE DESCRIBED AS "SOUTH 89° 36' WEST 2t}g,~p FEE7"; THEPICE
P.4RALLFL WITH SAID CQURSFj ~IORTN £~~° 3ti' EP.cT ~;~.~n GFFT T~ Tfic
WESTERLY LINE OF THE EASTERLY 18~.00 FEET OF SA1D SECTiON; THENCE
ALONG SAlD WESTERLY LINE, NORTH 0 15' 45" G'E;T 153.7~+ FEET TO A
LINE PARALLEL WITH AND DISTANT SQUTHERLY 17!1,00 FEET FROM THE
EASERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED ABOVE AS
"PIORTH 89° 36' EAST 222.3 FEET"; THEMCE ALONG SAID PARALLEL LINE
NORTH 8~~ 36~ EAST 13~.00 FEET TO A LIPIE PAP,q~LEL WITH ANb DISTAPIT
WESTERLY 53.00 FEET FROM SAID EASTERLY LIFlE OF SAlD SECTtON;
TIIENCE ALODIG SAID LAST DESCRIBED PARALLEL LINE NORTli ~° 15~ 45"
WEST 170.0~ FEET TO A LIPJE WHICf' BEARS NORTH 8no 36' EAST AND
WHICH PASSES THROUGH TNE TRUE POINT OF BEGItJNING TNF.~lGE ALONG SAID
LAST MENTIOPIED LINE, SOUTH 89° 3~~ WEST 390,pp FEET TO THE TRUE
POINT OF BEGINNING.
WNEREAS, the Ctty Planning Commission dtd hold a puhlic hearing at the Civfc
Cer~ter in the City of Anaheim on August 25, 1>80, at 1;30 p.m., nottce of said public
hearing having been duly given as required by ~aW and in accordance with the
provisions of the Anaheim Municipal Code~ Chapter ~q,o3, to hear and consider
evidence for a~d against said proposed conditional use permit and to investigate and
make flndings and recommendations in connect(on therewith; saTd oublic heartng havina
been conttr~ued to the Planning Commtssion meeting of September 7.2, 19A0; and
PC3o-157
WHEREAS, said Commission, after due inspection, investiqation and study made
bY itself and in its hehalf, and after due co~sicferation of all evidence and reports
offered at said hearing, does find and determine the f~ilowing facts:
1, That the proposed use is properly one for which a conditlonal use
permit ts authorized by Anahetm Munictpal Code Section 18.n3,n3o.~ » to wit: to
permit a public dance hall in the LL (Commercial, Limited) Zone.
2. That the oroposed use, consisting of public dancing witfiout the serving
of ineals, is hereby granted subject to the petitioner's stEpulation at the public
heartng that there wil- be no admission or cover charges made for admlttance to the
facility.
3, That the proposed use is hereby granted for a period of one year,
subject to review for possible extenstons of time to determine whether or not the use
has had a detrimental impact on the surrounding area by crea[ing parking or noise
problems.
4. 1'hat the proposed use, as granted, will not adversely affect the
adjoining land uses and the gr~t{~ and development of the area in which it is
P~oposed to hp located,
5. That the size and shape of the site propased for the use, as granted,
is adequate Lo allow the full development of the proposed use in a roa~ner not
detrimental to Che particular area nor to the peace, health, safety, and general
welfare of the Cttizens of the City of Anaheim,
6. That the granting of the Conditional Use Permit under the conditions
imppsed, if any, a~ill not he detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
7, That the traffic generated by the proposed use ~oiil not impose an undue
burden upon the streets and highaiavs designed and fmproved to carry the traffic in
the area.
8. 7hat one oerson indtcated her presence at the Auqust 2~, laRO, meeting
and no one indicated thelr presence at the September 22~ ~qgp~ p~h~i~ hearing in
appositton; and that no correcpondence tioas received in opposttion to the subject
petition.
ENVIRONMENTAL IMPACT FIPlDING: The Planning Director or hts authorized
reP~esentat ve has etermined that the proposed project falis within the definition
~f Categorical Exemptions, Class 1, as defined in Paragraph ?. of the Ctty of Anaheim
Environmental Impact Report Guidelines and is~ [herefore, categorically exempt from
the requirement to prepare an EIR.
NOW, THEREFORE, BE ~T RESOLVED that the Anaheim City Planning Commission
does hereby g~ant. in part, subject Petition for Conditional Use Permit, upon the
`ollewing conditions which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the safety and qPneral
welfare of the Citizens of the City of Anaheim:
-2- PC£30-157
i. That subject property shall be developr_d suhstantially in accordance
with plans and specifications on file ti•~ith the City of Anaheim marl:ed Exhihit ~Jos. 1
and 2.
2. That the owner(s) of subject property shall suhmit a letter requesting
the termination of Variance r~o. i9~3 to the Planning Department.
3. That Condition ~o. 2, above-mentioned, shall he complisd with prior to
the commencement of tha activity authorized under this resolution, or pri~r to the
time that the buildin9 permit is issued, or a~ithin a period of one year from date
hereof, whichever occurs first, or such further t(mP as the Planning Cornntssion may
grant.
4. That there shall be no adnission or cover charge for admittance to
subject public danr_e facill~y,
5, That the proposed use is qranted for a period of one (1) ye~r, subject
to review for posstble extensions of time if there have heen no detrimental effects
on the surrounding area, Said review by the Planning Commission shall he initiated
by a written request of the petitioner.
BE IT FURTHER RESOLVED that the Anaheim City Planning Ccmmission does hereby
find and determine that adoption of this Resolution is ex~ressly predicated upon
applicant's compliance wjth each and al1 of the condit(ons hereinabeve set forth.
Should any such condition, or any pari thereof, he declared invalld or u~enforceable
by the final judgment of any court of competent jurisdiction, then this Resolution.
and any approvals herein contained~ shall be deemed nuti and vo(d.
THE FOREGOING RESOLUTIO~! is signed and approved hy me this ?2nd day of
SP~tnmhe~~ 1Q80,
~~~~ ~~
CHAIRMA~I, ANAHEIM CITY LANNINf LOMNISSION
ATTEST:
~ ~~~
SECRETARY, ANANEI!i CI P(,qNNtNG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1~ Edith L, Harris~ Secretary of the Anaheim City Planninn Commisston~ do
he•.~eby certify that the foregnlny resolution was passed and adopted at a meeting of
*he Anaheim City Plannina Commisston held on Septemher ?.1, 1~Q~, by the followtng
vote of the members thereof;
AYES: COHM~SSIOPlERS: BARHES~ BOUAS, BUSNOP.E, FRY, HFRBST~ Y.If1G~ TOLAR
NOES: COMMISSIQNERS: NONE
ABSENT: COMMISSIONERS: NONE
IIJ WIT~lESS WNEREOF, I have hereunto set my fiand [hTs ^2nc1 day of 5eotember~
1980.
~~ •~'.° .
A~ N. ~ LA~INING COMMISSInN
-3- PC80-157