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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 -2- Pt78-t68 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. ~~- -~ l~~-u- SECRETARY~ ANAHEIM CIT PLANNING COHMISSION -3- PC78-t68