PC 82-127RESOLUTION t10, PC8?.-127
A RESOLUTI Old OF THE APdAHE IN C ITY PLAt:tJi PIG COMM I SS I QPI
TI1AT PETITIOFI FOR C011DITIOt!!1L USE PERt11T IJO. 231~~ t3[ GRANTEO
WNEREAS, ttie Anaheim City Planning Commission di~1 receive a verified
Petition for Conditional Usc Permit from JACI< C. AND DORIS H. CHOU, 17771 Fitch
Street, Irvine, California, 9271A, o4m er, and 4.D.H. E?lTFRPP,ISES, ATT: ZAC
NEP~SON, 2731 E. Regal Parl: Drive, Anaheim, California 9230G, agent, of certatn
real property situated in the City of Anaheim, County of Orange, State of
California, described as:
PARCEL 1: TIIAT PORT.IOtJ OF THE NORTHYlCST QUARTER OF FRACTIOyAL
SECTION 26, TO~dNSHtP 4 SOUTH RA'rdGE l0 !JEST IN THE RAIIr,HO SAV JuAN
CAJO'! D[ SANTA A~IA, CiTY OF ANAHEI~1, COUNTY OF ORAtJGE~ STATE OF
CAL! FORt~ I A, AS PER M/1P RECORDED I td DOOK y 1, PAGE 10 OF
f115CELI.AtJE0U5 MAPS Itl THE OFFICE OF TfIE COUtITY RFCORDER OF SA.IJ
COUCJTY SHOIJtJ AS "R[SIDUAL PARCEL~~ O~! A MAP FILED t~~ 1300K 23~ PAr.,E
36 OF PARCEL F1APS, I;~ ?HE OFFICE OF THE C~UNTY Rf:CORDER OF SAID
COU~JTY.
WHEREAS, ttie City Planning Commission did holci a public hearing at the City
Hall in the City of Anaheim on June 2II, 1~87_, at 1:30 p.m., notice of said puh~~~
hea ring having been duly given as required by 1aw an~l in accordance with che
provisions of the Anaheim P!unicipal Code, Chapter 1E3.03, to fiear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewitfi; and
WfiEREAS, s~id Commission, after due inspection, investination and st~dy made
by itself and in its behalf, and after due consideration of all evidence and reports
offered ~r_ s~id hearing, Joes ~ind and datermin~ the following facts:
1. That the proposecf use is properly one for which a conditiona) use
permit is authorized by Anah=im tlunicipal Code Section 1~.~3.fl3~.010 t~ wtt: to
permit a public dance ha11 in the f1L (Industrial, Ltmited) Zone.
2. That the proposed use is granted on the l~asis that the petitioner
stipulated to the followiny conditions:
(a) That a public dance I~all permit shall be acquired~ as
required 5y Code; and
(b) That there sliall be no 3ctivities which r~ay qualify the
use as an adult business pursuan[ to Chapter 18.39
"Adult Entertainment".
3. That the proposed use, as granted, wilt not adversely affect the
adjotning land uses and the growtli and development of the area in which it is
proposed to be located,
4. That the size and shape of the sitc proposed for the use is adequate to
allow the fu11 deveiopment of the proposed use in a manner not detrimental to tlie
PC82-127
particular area nor to the peace, health, safety, and g~neral vn•lfare of thr. Ci[izens
of the City of Anaheim.
5. Tl~at the granting of the Condition~l Use Permit under the c~n:;ition~
imposed, if any, will not be detrimenLdl to the peace, hr_altf,, safety and genera)
welfa re of the Citizens of the City of Anaheim.
G. That the traffic generated by the proposed use ~~ill not impose an undue
burden upon the streets and higliways designed and improved to carry the traffic in
the area.
7. That no one indicated their presence at said public hearing in
opposition; and ti~at no correspondence a~as received i~ oppositio~i to the subject
petition.
Et~V I RO1Jt1EllTAL 111PACT F I PJD 1 tJG : Tha t tlie Anahe i m C i ty P 1 ann i ng Comm i ss f on has
revietived the proposal to permit a public dance hall with an admission charge in the
ML (InAustrial~ Limited) 2one on an irregularly-shaped parcel of land consisting of
approximately l.fi9 acres located south and o~est of the south~aest corner of Katella
i Avenue and Lewis Street, having a frontage of approximatr_1y 175 feet on the south
side of f:atella Avenue and a frontage of 63 fest on the west side of Lewis Street
(710 East Katella Avenue); and does hereby approve the ~Jegative Declaration from the
requirement to prepare an environmental impact report on the basis that there would
be no significant individual or cumulative adverse environmental impact due to the
approval of this tlegati~e Declaration since the Anafieim General Plan designates the
subject property for 9eneral industrial land uses commensurate with the proposal;
that no sensitive environmental impacts are involved in th~ proposal; that the
Initial Study suhmitted by the petitioner indicates no significant individual or
cumulative adverse envir~nmental impacts; and that the Negative Declaration
substantiating the fore3oir.g findin9s is on file in the City or Anaheim Planning
Department.
N04l, THEREFORE ~ t3E 17 RGSOLVEiI tE~a t tiie Anahe i m C i ty P1 ann i ctg Commt 55 t ott
does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve thc safety and general welfare of tne
Citizens of the City of Anaheim:
l. That trash storage areas shall be provided in accordance ~rith approved plans
on file with the Office of the Executive Director of Public Works.
2. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 4.
3, That ttie applicant shall ~pply for and obtain approval of a public dance
, hall permit pursuant to the requirements of Chapter 4,16 of the Anaheim
~ Municipal Code,
s
j 4. That no activity shall be permitted which would othe n~ise qualify the use as
~ an adult business pursuant to Chapter 13,39 of the Anahelm Municipal Code.
'~ $. That Condition Nos. 1, 2~ and 3~ above-mentioned. shall be complied with
° prior to final bullding and zoning inspectlons. or prior to commencement of
i
~ the activity herein approved~ whichever occurs ftrst,
~ -2- PC82-127
~ti .~, _ ____,.,.r
/`~1
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
fincJ and determine that adoption of this Resolution is expressly predtcated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any sucli condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdicti~n, then this Resolution,
and any approvals herein contained, shall be deemed nult and void.
T'Nt FOREGOING RESOLUTIO~J is signed and apoi•oved by ne this 28th day of June,
1982.
1~ ~. ~~.~.-~--
CHAIRMAN, AMAHEtM CITY PLANNING C0~4MISSION
AITEST:
~L~~%~iY~~~~
ECRETARY PRO-TEh1PORE
ANAHEIM CITY PLAtJNING COt~MIS510M
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C ITY OF A;JAHE It9 )
I, Pamela fi. Starnes, Secretary Pro-Tem of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution ~vas passed and adopted at
a meeting of the Anaheim City Planning Commission heid on June 28, 19$2, by the
following vote of the members thereof:
AYES: COt1MISSIONERS: BARNES, DOUAS, FIERf3ST, MC BURNEY
(JOCS: COMMISSIONERS: BUSHORE, FRY, KING
ADSENT: COMMI5510NERS: NONE
IN WITiJESS IJtiEREOF, I have hereunto set my hand this 28th day of June, 1982.
~
SECRETARY PRO TEMPORE
AP~AHE I M C i TY PLAI~fJ I NG CQMM I SS I ON
-3- PC82-127