Loading...
PC 80-203RESOLUTIONNO. PC80-203 A RESOLUTION OF THE APJAHEIM CITY PLANNING COMt11SSI0N THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2137 BE DEtJiED WHEREAS~ the Anaheim City Planning Commission did recetve a verifted Pet1t(on for Conditlonal Use Fermit from HARVEY S. OWEP! AND NORMA 11. OWEN, P, 0. Box 604, Tustln~ California, 92630, owners, and t;1lENDELYN FAYE qRp~ ~]30 South Euclid Street, Anaheim, Caiifornia 92a02, agent of certain real property sltuated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF LOT 5 OF BLOCK 17 OF .q SUBDIVISION OF THE SOUTH HALF OF SECTIO~! 21, T04JNSHIP 4 SOUTH~ R/1t1GE 10 WEST~ S,B.B. E M., AS SHOWN ON A MAP RECORDED IN BOOY, 1, PAGE 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORPlIA, A PORTION OF SAID LOT 5 ALSO BEING SHOViPJ ON A MAP OF TRACT N0. 2177, RECORDED IN BOOK 59, PAC,ES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUPlTY. C.4LIFORNIA DESCRIBED AS FOLLOWS: BEGIPJNING AT THE NORTHWEST CdRNER OF THE SOUTNERLY 2G0.00 FEET OF SAID LOT 5; THENCE SOUTH t39 degrees 41' S0" EAST 255.01 FEET PARALLEL WITH THE SOUTHERLY IINE OF SAID LOT 5 TO A LINE PARALLEL WITH AND CISTANT EASTERLY 255.~0 FEET~ MEASURED AT RI~HT ANr,LES FROM TFIE WESTERLY LINE OF SAID LC~T 5; THENCE NORTH 0 degrees 55" 00" EAST 102.26 FEE~' ALONG SAID PARALLEL Ltt~E TO THE SOIITHFRLY LINE OF LOT 21 OF TRACT OF 2177; TNENCE NORTH v9 degrees 33' 43~~ WEST 255.01 FEET ALONG SAID SOUTHERIY LINE AHD ITS WESTERLY PROLOp1GATI0P~ TO THE WESTERLY LIP~E OF SP,ID LOT 5; THENCE SQUTH 0 degrees 55' 00" WEST 102,85 FEET TO THE POINT OF BEGItJMINr,, Ha)1 in theECity~oftAnahetm on~Novembeon17,51980,~~at~li30a P~~h~ic hearing at the City hearing having been duly g(ven as requlred by lar~ Pand~in~accordanceiwtthbthe provisions of the Anahetm Municipal Code, Chapter 18.03. to hear and conslder evidence for and against said proposed conditional use permit and to investtgate and make findings and recommendations in connection therewith; and WHEREAS, said Commission~ after due inspection. investTgation and study made by itself and in (ts behalf, and after due consideration of ~11 evidence and reports offered at satd hearing, does find and determine the following facts: 1. That the proposed use is properly one for Hrhich a conditialr~? use permit is authorized by Anaheim Mun(cipal Code Section 18.8~.030.010 to wit: to retain a massage and sauna bath establishment in the CG (Comr,eYcial~General) zone with waiver of the following: SECTION 18.8g.030.020 - Mintmum distance from residential zone, 500 eet required; lzss than 103 feet existing) 2. That the proposed use and requested waiver are herehy denied on the basis that pursuant to Anahe(m Municipal Code Section 18,$~,(13~,p2p, no conditional PC80-2o3 use permit sh-~1 be granted by the City of Anaheim for any adult entertatnment business if the premises upon which such business is located is withln 50^ feet of a ~esidentially-zon=d lot. The subject use is defined as an aduit entertainment business by the Anaheim !1unicipal Code and the premises are located less than 10 ~ feet from RS-7Z00 (Residential, Single-Famlly) Zoning to the north. 3. That the proposed use will adversely affect the adjoining iand uses and the growth and development of the area in a~hich it is proposed to be located. ~. That the size and shape of the stte proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of tlie Citizens of the City of Anahetm. 5. That the granting of the Conditional Use Permit a~ill be detrimental to the peace~ health, safety and general welfare of the Citizens of the City of Anahaim. 6. Thai the traffic generated by the proposed use will impose an undue burden upon the streets and higlnvays designed and improved to carry the traffic in tlie area. 7. That no one indicated their presence at said public hearing tn opposttion; and that no correspondence was received in opposition to the subject petition. ENVIROFlME~J7AL IMPACT FIP~DING: The Planning Director or his authorized representat ve has determ ned that the proposed project falls within the definition of Categorical Exemptions, Class 1, as deflned in Paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and is, therefore, categorlcally exempt from the requirement to prepare an EiR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Conditional Use PermTt on the basts of the aforementioned findings. THE FOREGOING RESOLUTION is signed and approved by me this 17th day of November, 1980. _1 c.~ ~ ~ • ~ ~--~a- CHAIRMAN PRO TEMPORE ANAHEIPt CITY PLANNIDJG CQMMISSION ATTEST: ~ ~ SECRETAR , ANAHEIM CITY PLANNItJG CnMMIS510~J -2- PC8o-zo3 r~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resoiution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 17, 19A0, by the following vote of the members thereof: AYES: COMMISSIOilERS: BARNES, BOUAS, BUSHORE, KING NOES: COMHISSIONERS: NONE ABSENT: COMMISSIONERS: FRY, NERBST~ TOLRR IN 'r11TNES5 WHEREOF, I have hereunto set my hand this 17th day of November, 1980. ~c¢~.c~~ ,~! : SECRETARY~ ANAHEIM CITY PLAPINING COMMISSION -3- PCBO-2o3