PC 78-150RESOIUTION N0. PC78'15~
A RESOLUTION OF THE ANAHEIH CITY PLANNIN& COMMISSION
THAT PETITION FOR CONDiTIONAL USE PERMIT N0. 1851 BE GRAIJTED
WFIEREAS, the Anahelm Lity Planning Commission did receivc a verified
Petltion for Conditional Use Permit from LEEHHAN H, AkD JEANETTE A. VAUGHAN~ East
Lake Shore, Big Fork, Montana 59911. owners, and JACK At~D DORIS E. MURPHY, 1223 South
Brookhurst Street, Anaheim, Cailfornia 92804, agents of certain ~describedeasY
situated in the Ctty of Anaheim. County of Orange. State of Calif~rnia,
That portion of the Northeast quarter of the Northeast quarter of
Section 19, Township 4 South, Range 10 West, 5. B. B. E„•~
described as follows: Beginning at a poini in the East line of
said Section 19~ South 0° 27' West 60Q.00 feet fran the Northeast
corner of sald sectlon. said point being the Southeast corner of
the land described in the deed to Earl Singleton and wife,
recorded May 16, 1949 in eook ~843, Page 420 of Official Records;
thence from said point of beginning South 89~ 54' 40" Nest along
the South line of said land conveyed to Earl Singleton and wife,
175.00 feet; thence North 0~ 27' East along the West lTne of said
Singleton land~ 100.00 feet; thence North 8go 54~ 40" East
parailel to the South lfne of sald land of Singleton, 175.00 feet
to the East tine thereof; thence South 0° 27' Nest along satd East
line, 100 fee[ to the point of beginning.
WHEREAS, the Ctty Planning Camission did hold a public hearing at the City
Hall in the Clty of AnaheTm on July 3, 1978, at 1:30 p.m., notice of sa0d ~public
hearin9 having been duly given as requlred by law and in accordance with the
provlsions of the Anahefm Municipal Code, Lhapter 18.03, to hear and consider
evidence for and agalnst said proposed conditional use and to Investigate and make
findings and recommendations in connection [herewith; and
4MEREAS, satd Commisston. after due (nspecCion, investigation and study made
by itself and in its behalf, and after due consideratfon of alt ev(dence and reparts
offered at sald heartng~ docs flnd and determinc thc folloHing facts:
1. That [he proposed use is properly one for which a conditional use
18r44C0505010uttoriconvert anahexistingfcrestaurant tosa~cocktailt8ou~9e3wiOhOpublic
dancing.
2, That the proposed use is granted subject to the petltioner~s
stlpulatton that there aill be no access doors on the west side of the building
towards the single-family resldsnces in order to prevent a possible detrimental
impact on the residential uses.
3, That Lhe proposed use wili not adversely affect the adJolning land uses
and the growth and developmenc of the area In which It is proposed to be located,
4. That the size and shape of the site proposed fur the use is adequate to
allow the full development of the proposed use in a manner not de[rimental to the
particular area no~ to the peace~ health~ safety. and general welfare of the Citlzens
of the City of Anaheim.
PC78-150
5. That the gran[ing o~ the Conditlonal Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, health, safe2y and general
welfare of the Citizens of the Clty of Anaheim.
6. That no one indica[ed their presence at said publlc hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FI~JDING: 7hat thc Anaheim City Planning Commisslon has
reviewed the proposal to convert an existing restaurant to a cocktail lounge wtth
public dancing on a rectangularly-shaped oarcel of land consisting of approximately
0.3 acre having a frontage of approximately 100 feet on the west side of Brookhurst
Street having a maximum depth of approxtmately 115 feet, being located approximately
500 feet south of the centeriine of Ball Road; and does hereby aoprove the Negative
Declaration from the requirement to prepare an environmental impact report o~ the
basis that there would be no signiftcant individual or cumulative adverse
environmental impact due to the approval of this Negative Oeclaratlo~ since the
Anaheim General Plan designates the subJect prooerty for general commercial land uses
commensurate with the proposal; that no sensitive environmental impacts are involved
tn the proposal; [hat the Initial Study submitted by the petitioner (ndtcates no
significant individual or cumulative adverse environmental impacts; and that the
Negative Declaration substantla[ing thc foregoing findings is on file In the Lity of
Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anahcim Ctty Pianning Commission
does hereby grant subJect Petitlon for Londitional Use Permit, upon the following
condiGions which are hereby found to be a necessary prerequlstte to the proposed use
of the subject property fn order to presr.rve the safety and general welfare of ihe
Cttizens of [he Lity of Anahetm:
t. That street lighting facilities along Brookhurst Sireet shall be
tnstalled prior to the final butlding and zoning inspectlons unless otherwise
epproved by the Director of Public Utilities, and in accordance with standard
specifications on file in the Office of the Director of Public Utillttes; and/or that
a bond, certificate o` dePosit, letiet of cred#t, or cash, In an amount and form
satisfactory to the City of Anaheim shal) be posted with the City to guarantee the
installation of the above-mentToned requlrements or prior to occupancy.
2. That the owner(s) of subJect property submit a le[ter requesting the
termination of Condltional Use PermTt No. 142.
3. That subJect property shall be developed substantlally in accordance
with plans and specifications on Tile with the City of Anaheim marked Exhibit Nos. 1
and 2~ and that no access doors shall be constructed in the westerly wall of the
building towards the single-famtly residential uses Lo the west.
4. That Condition Nos. 1 and 2. above-mentioned, shall be compiied with
prtor to the commencement of the activi~y authorized under this resolution, or prior
to the time that the buTlding permit is tssued, or within a period of one year from
date hereof, whichever occurs ftrst, or such further time as the Planning Commisston
may 9rant.
5. That Conditton No. 3. above-mentioned, shall be complled with prior to
flnal bullding and zoning inspections.
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(r ~_;
BE !T FURTHER RESOLVED that the Anaheim Clty Pianning Cortmission does he~eby
find and determine that adoption of this Resolutlon is expressly predicated upon
appticant~s compltance with each and all °f beedeclared invalid,orb~~nenforceable
Should any such co~dition, or any part thareof,
by the flnal Judgment of any court of competent Jurisdictton~ then this Resolutlon~
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approv d b me this 3rd day of July
i978, ~
~~ p ~. H M ITY PLANNING COMMISSION
ATTEST:
~~~~ ,~° ~~.:.
~~CRE~AR ~ ANAHEIM CITY IAN~~ING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I. Edith L. Harris, Secretary of the Anaheim City Planning ~~ission, do
hereby certify that the foregoing resolution was passed and adopted a[ a meetTng of
the Anahelm Ctty Planning Commisslon held on July 3. 1978, at 1:30 p.m., by the
followtng vote of the members thereof:
AYES: COMNISSIONERS: BARNES, DAVID, HERBST, JOHNSON, KING~ LIl~Pl, TOl.AP,
NOES; COMMISSIONERS: NO~~E
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of July, t978.
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E E~A~Y. ttAHE M C i tL•ttNG COMHlSSION
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