PC 78-168RESOLUTION N0. PC78-162
A fIESOLUT IOt! OF THE ANAi1E IM C ITY PLANN I NG ;.ONM I55ION
THAT PETITI01~ FOR C0~lDITIO~dAL USE PERMIT N0. 1862 BE GRANTED
WF{EREAS, thc Anaheim City Planning Commission did receive a verifiecl
Petition for Conditional Use Permit from ALBERT DE MASCIO A~ID DALE FAMIIY TP,UST~ 1130
Arboleta Drive~ La tiabra, California, 9e63~, awners, and KARL NIELSEN, 125 North
State College Boulevard, Anahelm, Californla 92806, agent, of certain real property
situated in the City of Anahcim, County of Orange, State of California, described as:
That portion of Lot 7 of "Anaheim Extensions", in the City of
Anaheim, as shown on a map of survey by Nilliam Hamel,
acknowledged by Alfred Robinson, Trustee, recorded in Los Angeles
County, California, described as follows: Beginning at the
Southeast corner oF that certain parcel of land conveyed to Fred
0. Thomp,on and Ethel Thompson, by deed recorded Oecember 2, 1944
in book 128G, page 419, Offictal Records, said point being loca[ed
on the center line of Placentia Avenue. at a point 213.00 feet
North 0~ 07' 30" East from the t~tersection of sald center li~e
wlth ihe c~nter line of East Canter Street, running thence North Oa
07' 3~" East 86.03 feet aiong satd center line to the true point
of beginning; [hence South 810 19' 30" West 357.13 feet to a point
in the Wcst line of said parccl, said point being also t~orth 120
08' West 85 fee[ from the Southwes[ corner of sald parcel; thente
North 12a OE' 1Jest 81.63 feet along sai~+ West line to a potnt;
thence ~Jorth 77° 52' 20" East 377.80 feet to a point in the
Easterly line of said parcel, also the center line of Placenita
Avenue; thence South 0~ 07' 30" West 105.23 feet along the
Easterly linc of said parcel [o thc point of beginning. EXCEPTING
THEREFROM the portion included in public hlghway alon3 the East
side.
'd!~lEP.EAS~ the CIty Planning Cor-lssion c+ld t;old a public hearing at the CILy
Hall in the Ctty of Anat~eim on July 17, 1978, at 1;30 p.m., notice of said public
hearing having been duly 91ven as required by law and in accordance with the
provisfons of the Anahetm Muntctpa) Code, Chapter 18.03, to hear and consider
evidence for and against said proposed condttlonal use and to investigate and make
findTngs and recommendations tn co~nection therewith; and
IJHEREAS, said Commissfon, aftcr due Inspection, fnvestiga[ton and study made
by Tiseif end in tts behaif, and after due consideratlon of all evidence and reports
offered at said hearing. does find and de[ermtne the following facts:
1, That the proposed use is properly cne for r~hfch a conditional use
permit ts authorized by Anaheim MuntcTpal Code Section i8.03,030.010 to wit: to
permit a public dancing facility.
2. That the use is hereby granted to allow an admtssion charge for dancing
at a bona flde restaurant, on the basls that allowing the establishment te charge an
admisslon fee wtil potentlally reduce the number of patrons thereby reducing the
adverse parking~ noise~ and light impacts on the nearby uses.
PC78-168
3, That the petitioncr has indicatcd the hours of operation shall be:
Monday 4:00 p,m. to 2:00 a.m.
Tuesday throu~h Friday 11:00 a.m, to 2:00 L.m.
Saturday and Sunday 8:00 p.m. to 2:00 a.m.
4, That the proposed use will not adversely affect the adJolning land uses
and the grow[h and development of the area in whtch it is proposed [o be located.
5. That the size and shaoe of [he site proposed for the use is adequate to
allow the full development of the pruposed use in a manner not detrimental to the
parttcular area nor to [he peace~ health, safety, and general welfare of the Cttizens
of the City of Anaheim.
6, That the granting of the Conditional Use Permi[ under [he condi[lons
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Litizens of the City of Anaheim.
7. That one person indicated his pres_nce at said public h~aring in
opposition; and that no correspondence was received in opposition to the subject
petftion.
EtIVIRONMENTAL IMPACT FINDING: The Planning Directcr or hts authorized
representat ve has eterm ned that the proposed project falls within the definttion
of Categorical Exemptions, Llass 1, as defined in Paragraph 2 of the City of Anaheim
EnvtronTental Impact Repor[ Gu(delines and is, therefore, categorically exempt from
;he requtremen[ to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED tha[ thc Anaheim City Planning Commission
does hereby gran[ subJect Pe[ition for Conditionai Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of thc subJect property in order to preserve che safety and general welfarc of the
Ci[izens of the City of Anaheim:
1, Tha[ the owner(s) of subJect property shail pay to the City of Anaheim
[he sum of three and one-half dollars (53.50) per front foot along State College
Boulevard for street lighting purposes.
2, That appropriate water assessment fees as determined by the Director of
~ubtic Utilities shall be paid to the City of Anahelm prior to the issuance of a
building permit.
3. That subJect property shail be developed substantlally in accordance
with plans and spec(fications on file with the Ctty of Anaheim marked Exhibtt Nos. 1
through 3.
4, That Condition No. 1, above-mentioned~ shall be complled with prtor to
the commencement of the activlty authorized under Chis resolutlon, or prior to the
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ttme that the building permlt is issued, or within a period of one year from date
hereof~ whichever occurs first, or such further time as the Planning Canmisston may
granC.
5, Tha[ Conditlon No. 3. above-mentioned, shzll be complied with prior to
final building and zoning lnspectluns.
BE IT FURTHER RESOLVED chat the Anaheim City Planning Commission does hereby
flnd and determine that the adoptlon of this Resolutton is expressly predicated upon
applicant's compliance with each and all of the condi[tons hereinabove set forth.
Should any conditlon or any part thereof~ be declared tnvalid or unenforceable by the
final judgment of any court of competent Jurisdiction, then this ResolutTon~ and any
approvals herein contained, shall be deemed nutl and void.
197$
THE FOREGOING RESOLUTIO`1 is signed and aooroved by me thts 17th day of July,
.ao/ _ ~ „gsa.~...~.,.J
CHAIRHAN RO TEMPORE ~
At~AHEIM CITY PLANNIN~ LOMMISSION
ATTEST:
~9/~ ~~ii ^-:,;~
SECRETARY. R~JAHEIM CITY PLANNING COHMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
ClTY OF ANAHEIM )
I~ Edith L. Harris. Secretary of the Anaheln City Planning Commission, do
hereby certify that the foregoing resolution aas passed and adopted at a meetTng of
the Anaheim Clty PlannTng Commission held on July 17. 1?78, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COHMISSIONERS: BARNES, DAVID, LINN, TOLAR
NOES: COHMISSIONEkS: JOHNSON
ABSEI7T: COMMISSIONERS: HERBST
ABSTAIN: COMMISSIONERS: KING
IN WITNESS NHEREOF. I have hereunto set my hand thls 17th day of July~ 1978.
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SECRETARY~ ANAHEIM CIT PLANNING COHMISSION
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