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PC 80-213RESOLUTION N0. PC80-213 A RESOLUTION OF THE APIANEIM CITY PLANNiNG COMMISSION THAT PETITION FOR CONDITIONAL USE PERPIIT N0. 2117 BE DEPIiED WHFREAS, the Anaheim City Planning Commission petition for Conditional Use Permit from NICHOLAS URSINI Padonta, Whit~ter, California, 90603, owners, and JOHN H. Newport Beach, California 92G60, agent, of certatn real prop of ~Snaheim, County of Orange, State of California, described did receive a verified ADlD MARY URS I P! I, 1338 DAWSON, 4650 Von Karman, erty situated in the City as: That portion of the Southeast quarter of Section 22, Township lE South~ Range 10 West, as shown on a map recorded in book 51, page 10 ~f Miscellaneous Maps. records of Orange County, ~~lifornia, described as foilows: Commencing at the Southwest corner of satd Southeast quarter; thence North 675.00 feet along the Westline of said Southeast quarter; thence East 833.51 feet parallel with the South iine of said Southeast quarter; thence South 0° 16' 30" East, 675.11 feet to the true point of beginning, said point also being the Southeasterly corner of the land descrihed in deed to Alwyn S. Jewell and Lucille G. Jev~ell, recarded October 5, 1959 in book 4°12, page 102 of Official Records; thence North 0° 16~ 30" West, 360.00 feet along the Easterly line of said 1and; thence East 150.00 feet paraliel with the Southerly line of said Southeast quarter; thence Soutt~ 0° 16' 3~" East, 3~0,00 feet paral)el with said Easterly line of the land conveyed to Jewell to the Southerly line of said Section; thence West alonq the Southerly line of said Section 160.00 feet to the true point of beginning. WHEREAS, the City Planning Commission dtd schedule a public hearing at the City Hall in the City of Anaheim on October 6, 1980, at 1:30 p.m., notice of said public hearing having been duly given as required hy law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 12~03, to hear and consider evidence for and against sald proposed conditional use pe~mit and to investigate and make findtngs and recortxnendations in conn~ction therewith; sald public hearTng having been continued to the Planning Commission meeting of December i, 1980; and WHEREAS, said Cortrcnission after due inspection, investigation and study made by itself and in its behal' and after due consideration of all evidence and reports offered at said hearing, uoes find and determine the following facts: 1. That the proposed use is properly one for which a conditiona? use permit ts authorized by Anaheim Municipal Code Sectton 18.8g.030.010 and 18.03.~3~.010 to prr•mit an adult entertainment business in cennection with a backgamnon and chess operatio~. 2. That ti~e proposed use is hereby denied on the basis ~hat pUrsuant to Anaheim Municipal Cade Section 18.II9.030.020~ no condtttonal use permit shall be granted by the City of Anaheim for any adult entertalnment bustness if the premises upon which such business is located is within 1000 feet of a church or schoel site or Pc8o-zt3 within 500 feet of a residentially zoned lot. The subject premises are located approximately 310 feet south of an extsting church and school (Melodyland Christian Center School) and the subject property abuts RS-A-43,n00 (Residentlal/Agricuitural) Zoned property to the norfh and east. 3. That the proposed use ~~rill adversely affect the adjolning land uses and the growth and development of the area in which it fs proposed to be located. 4. That the size and shape of the sfte proposed for the use is not adequate to allow the fu11 development of the propo;ed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of the Cttizens of the City of Anahetm. 5. That granting of the Cundittunal Use Permit will be detrimental to the peace~ health~ safety and general welrare of the Citizer.s of the Ctty of Anahetm. 6. That the traffic generated by the proposed use will fmpose an undue burden upon the streets and highways destgned and improved to carry the traffic in the arca 7. That 3 persons indicated their presence at said public hearing in opposltion; and that no correspandence was received tn oppositton to the subJect petition. ENViRONMENTAL IMPACT FINDIFIf: The Planning Dlrector or his authorized representat ve as etermine that the proposed project falls ~oithtn the definition of Categorical Exemptions~ Class 1, as defined in Paragraph 2 of the City of Anaheim Envtronmental Impact Report Guidelines and is~ therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE~ BE IT RESOLVED that the ~naheim City Plannlna Commission does hereby deny subject Pet)tiort for Conditionai Use Permft on the basis of the aforementioned itndings. THE FOREGOING RESOLUTION is signed and approved by me this lst day of December, 7980, ATTEST: n / ~ ~ SECRETAR , AD~ HEIM i PLANNING COMMISSION /~.~~~~ ~n RMAN, ANAHEIM CITY PLANNING COMMISSIOW -2- PC80-213 ~,...~.m...;:,r::.;~.>:~ . . . ~° STATE OF CALIFORNIA ) COUNTY OF OFANGE ) ss. CITY OF ANAHEIM ) I, Edith L. hereby certify that the the Anaheim City Plann of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Harris, Secretary of tF~e Anaheim City Planning Commission~ do foregoing resolution ;yas passed and adopted at a meeting of ing Commission held on December T, 19f30, by the following vote BARNES, BOUAS~ BUSHORE, FRY, KING, TOLAR NONE HERBST IN WITNESS WHEREOF, I have hereunto set my hand this ist day of December, 1980, SECRETARY, NAHEIM CITY PLANNIN~ COMMISS ON -3- PC80-213