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PC 80-157l RESOLUTIO~! ~JO, PC3~-157 A RESOLUTION OF THE AtfAHEIM CITY PLA~lt•litJr, COIIHISSIOM THAT PETITIQN FQR COMDITI~NAL USE PERFIIT W0, 2~~ltF gE ~RAMTED, IN PART WNEREAS, the Anahein City Plannin~ Commission did receive a~ierified Petition for Conditional Use Permit from LARRY R, SMITH A61D JUDITH I, SMITH, 1701i6 Marina ~ay Drive, Huntington Seach, California, 92649~ owners, and GEORGE NICHOLS AND WILLIAM NICHOLS, 573~ Edward :lare Circle, Garden Grove, California 92645, agents, of certain real property si;uated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTIOPI OF THE SOUTHEAST QUARTER OF Tf!E SO~JTHEAST QUARTEP. Of SECTtON 15, TOWNSHIP 4 SOUTfi, RA~lCE 11 LlEST, ~~~ THE RAP~CHO LOS COYOTES, CITY OF A~IAHEIM~ COUNTY OF ORq~~GE, STATE OF CALIFOR~IIA, RS PER MAP RECORDED IN BOJK 51 PAGE 11 OF ~11SCELLAPJ~0115 MAPS, Itl 7HE OFFICE OF THE COU~JTY RECORDER OF SAID COUNTY. BEGIMNING AT TfiE SOUTHEAST COR~JER OF SAID SECTION; THENCE SOUTH ~°~ 36~ WEST 243.02 FEET; T}iEi~CE 'JORTN 53° 24~ WEST ALONG THE PACIFIC ELECTRIf. RAILROAD RIGHT-OF-WAY ~21,62 FEET; THENCE ~~ORTH 0° 13~ WEST 72.95 FEET; THE~VCE ~3~RiH $R° 36~ EAST 222.3 FFET TO THE IFITFRSECTI~N WITH A LINE PAR:,LLEL WITH THE FAST LIP;E OF SAID SECTI(1N A~ID DISTAtJT WESTERLY 443.00 FEET FCOM SAID EASTERLY LINE OF SAID SECTION, SAID IDlTERSECTION REIPJG TNE TRUE POINT OF BE~IPINING; TNENCE PARALLEL WIT4 SA~D EASf LIPIE, SOUTH p° 15~ 45~~ EAST 17~.~(1 FEE'f; THENCE NORTH 89° 3G' EAST 24~.~0 FEET; TNEFIf.E PpRALLEL WITH SAID EAST LINE SOUTH 0° 15' 4>" EAST ~63,74 FEET TO A LINE PARALLEL WITH AND DISTANT 53.~0 FEET ~dORTHERLY FR011 THE COURSE HERElNBEFORE DESCRIBED AS "SOUTH 89° 36' WEST 2t}g,~p FEE7"; THEPICE P.4RALLFL WITH SAID CQURSFj ~IORTN £~~° 3ti' EP.cT ~;~.~n GFFT T~ Tfic WESTERLY LINE OF THE EASTERLY 18~.00 FEET OF SA1D SECTiON; THENCE ALONG SAlD WESTERLY LINE, NORTH 0 15' 45" G'E;T 153.7~+ FEET TO A LINE PARALLEL WITH AND DISTANT SQUTHERLY 17!1,00 FEET FROM THE EASERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED ABOVE AS "PIORTH 89° 36' EAST 222.3 FEET"; THEMCE ALONG SAID PARALLEL LINE NORTH 8~~ 36~ EAST 13~.00 FEET TO A LIPIE PAP,q~LEL WITH ANb DISTAPIT WESTERLY 53.00 FEET FROM SAID EASTERLY LIFlE OF SAlD SECTtON; TIIENCE ALODIG SAID LAST DESCRIBED PARALLEL LINE NORTli ~° 15~ 45" WEST 170.0~ FEET TO A LIPJE WHICf' BEARS NORTH 8no 36' EAST AND WHICH PASSES THROUGH TNE TRUE POINT OF BEGItJNING TNF.~lGE ALONG SAID LAST MENTIOPIED LINE, SOUTH 89° 3~~ WEST 390,pp FEET TO THE TRUE POINT OF BEGINNING. WNEREAS, the Ctty Planning Commission dtd hold a puhlic hearing at the Civfc Cer~ter in the City of Anaheim on August 25, 1>80, at 1;30 p.m., nottce of said public hearing having been duly given as required by ~aW and in accordance with the provisions of the Anaheim Municipal Code~ Chapter ~q,o3, to hear and consider evidence for a~d against said proposed conditional use permit and to investigate and make flndings and recommendations in connect(on therewith; saTd oublic heartng havina been conttr~ued to the Planning Commtssion meeting of September 7.2, 19A0; and PC3o-157 WHEREAS, said Commission, after due inspection, investiqation and study made bY itself and in its hehalf, and after due co~sicferation of all evidence and reports offered at said hearing, does find and determine the f~ilowing facts: 1, That the proposed use is properly one for which a conditlonal use permit ts authorized by Anahetm Munictpal Code Section 18.n3,n3o.~ » to wit: to permit a public dance hall in the LL (Commercial, Limited) Zone. 2. That the oroposed use, consisting of public dancing witfiout the serving of ineals, is hereby granted subject to the petitioner's stEpulation at the public heartng that there wil- be no admission or cover charges made for admlttance to the facility. 3, That the proposed use is hereby granted for a period of one year, subject to review for possible extenstons of time to determine whether or not the use has had a detrimental impact on the surrounding area by crea[ing parking or noise problems. 4. 1'hat the proposed use, as granted, will not adversely affect the adjoining land uses and the gr~t{~ and development of the area in which it is P~oposed to hp located, 5. That the size and shape of the site propased for the use, as granted, is adequate Lo allow the full development of the proposed use in a roa~ner not detrimental to Che particular area nor to the peace, health, safety, and general welfare of the Cttizens of the City of Anaheim, 6. That the granting of the Conditional Use Permit under the conditions imppsed, if any, a~ill not he detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7, That the traffic generated by the proposed use ~oiil not impose an undue burden upon the streets and highaiavs designed and fmproved to carry the traffic in the area. 8. 7hat one oerson indtcated her presence at the Auqust 2~, laRO, meeting and no one indicated thelr presence at the September 22~ ~qgp~ p~h~i~ hearing in appositton; and that no correcpondence tioas received in opposttion to the subject petition. ENVIRONMENTAL IMPACT FIPlDING: The Planning Director or hts authorized reP~esentat ve has etermined that the proposed project falis within the definition ~f Categorical Exemptions, Class 1, as defined in Paragraph ?. of the Ctty of Anaheim Environmental Impact Report Guidelines and is~ [herefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE ~T RESOLVED that the Anaheim City Planning Commission does hereby g~ant. in part, subject Petition for Conditional Use Permit, upon the `ollewing conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and qPneral welfare of the Citizens of the City of Anaheim: -2- PC£30-157 i. That subject property shall be developr_d suhstantially in accordance with plans and specifications on file ti•~ith the City of Anaheim marl:ed Exhihit ~Jos. 1 and 2. 2. That the owner(s) of subject property shall suhmit a letter requesting the termination of Variance r~o. i9~3 to the Planning Department. 3. That Condition ~o. 2, above-mentioned, shall he complisd with prior to the commencement of tha activity authorized under this resolution, or pri~r to the time that the buildin9 permit is issued, or a~ithin a period of one year from date hereof, whichever occurs first, or such further t(mP as the Planning Cornntssion may grant. 4. That there shall be no adnission or cover charge for admittance to subject public danr_e facill~y, 5, That the proposed use is qranted for a period of one (1) ye~r, subject to review for posstble extensions of time if there have heen no detrimental effects on the surrounding area, Said review by the Planning Commission shall he initiated by a written request of the petitioner. BE IT FURTHER RESOLVED that the Anaheim City Planning Ccmmission does hereby find and determine that adoption of this Resolution is ex~ressly predicated upon applicant's compliance wjth each and al1 of the condit(ons hereinabeve set forth. Should any such condition, or any pari thereof, he declared invalld or u~enforceable by the final judgment of any court of competent jurisdiction, then this Resolution. and any approvals herein contained~ shall be deemed nuti and vo(d. THE FOREGOING RESOLUTIO~! is signed and approved hy me this ?2nd day of SP~tnmhe~~ 1Q80, ~~~~ ~~ CHAIRMA~I, ANAHEIM CITY LANNINf LOMNISSION ATTEST: ~ ~~~ SECRETARY, ANANEI!i CI P(,qNNtNG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1~ Edith L, Harris~ Secretary of the Anaheim City Planninn Commisston~ do he•.~eby certify that the foregnlny resolution was passed and adopted at a meeting of *he Anaheim City Plannina Commisston held on Septemher ?.1, 1~Q~, by the followtng vote of the members thereof; AYES: COHM~SSIOPlERS: BARHES~ BOUAS, BUSNOP.E, FRY, HFRBST~ Y.If1G~ TOLAR NOES: COMMISSIQNERS: NONE ABSENT: COMMISSIONERS: NONE IIJ WIT~lESS WNEREOF, I have hereunto set my fiand [hTs ^2nc1 day of 5eotember~ 1980. ~~ •~'.° . A~ N. ~ LA~INING COMMISSInN -3- PC80-157