PC 80-236• . Fa~:~
RESOLUTIOF! N0. PC80-23G
A RE50LUTIOIJ OF TtIE AilAFIE1~1 CITY PLAi~NIP~G COMMISSIOIJ
THAT PETITIOfI FOR COPIUITIOIJAL USE PERMIT ~JO. 213~ DE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from EIlALD F. DARGATZ At1D DOROTFIY E. DARGATZ, ET
AL, 18-F8 West Almond, Orange, California, 926G$, oo-~ners, and SY-ROY, IFIC., John
f3utler, President, 3244 4/est Linc~ln Avenue, /lnaheim, California 92801, agent, of
certain real property situated in the City of Anaheim, County of Orange, State of
California, descrit-~ as:
.~.;;1 LOT 1 TRACT N0. 33EG, AS SH041N ON A 1•~AP RECORU[D IN BOOK 151,
:~~: PAGES 8, ~, AND 10 OF MISCELLAtlE0U5 MAPS, RECORDS OF ORAIJGE
"'`~
~ COUNTY, CALIFORtlIA. EXCEPI' THEREFROM THE lJ[STERLY 13Q.~0 fEET OF
'
A
~ TNE NORT HERLY 120.00 FEET [iE1NG MEASUR ED FROM THE TAPIGENT PQRTIONS
, OF THE WESTERLY ANU NORTHERLY LiNES, RESPECTIVELY, OF SAID lOT 1.
WHEREAS, the City Planning Gommission did hold a public hearing at the Civic
Center in the City of Anaheim on December 15, 1980, at 1:30 p.m., notice of said
public hearing having been duly given as required by ]avr and in accordance with the
provisions of the Anaheim Ftunicipal Code, Chapter 1&.03, to hear and consider
evide~ce for and against said proposed conditional use permit and to investigate and
make findinys and recommendations in connection therea~ith; and
WIIEREAS, said Commission, after due ins~ection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim htunicipal Code SECtion 1E.~3.030.010 to wit: to
permit a public dance hall in the CL (Commercial, Limited) Zone with waiver of:
SECTIOt~ 13.06.OG0.0232 - 1linimum number of parking spaces.
119 spaces required;
IOtT spaces existing)
2. That the proposed use is hereby granted for a period of five (5) years,
subject to review by the Planning Commission at that time for possible extensions.
Said review shall be made following a airitten request by tfie petitioner.
3. That ttie requested a~aiver is hcreby granted on the basis that the use
in connection with a restaurant is existing and there have been no parking problems~
that the prime time of tlie use is from 9:00 p.m. to 2:00 a.m. when other uses in the
area are closed, and that the request is minimal, amounting to iess than a 13`~
deviance from the Zoning Code reyuirement.
4. That the proposed use will not adversely ~f,`ect the adjotning land uses
and the growth and development of tl~e area in wliicfi it is proposed to be located.
Pc8o-236
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5. ~hat the size and shape of the 5ite proposed for the use is adequate to
allow the full develop;nent of the proposed usc in a manner not detrimental to the
particular area nor to the peace, liealtli, safety, and general welfare of the Citizens
of the City of Anaheim.
G. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to tfie peace, health, safety and general
welfare of the Citizens of the C'ty of M aheim.
7. That the traffir generat~n ,y the pro~osed use hill not impose an undue
burden upon the streets and liighways de~:9ned and improved to •:arry the traffic in
the area.
t~. That one interested person indicated his presence at said public
hearing; and that no corres~ondence a~as received in opposition to the subject
petition.
EtJVIR01JMEtlTl1L 111PACT FINDING: The Planning Director or his authorized
representative has determined tl~at the proposed project falls a~ithin the definition
of Categorical Exemptions, Class 1, as defined in Paragraph 2 of the City of Anaheim
Environmentai Impact Report Guidelines and is, therefore, categorically exempt from
the requi rement to prepare an E IR.
IJObI, TI~EREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby 9rant subject Petitio~ for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to prescrve the safe[y and general welfare of the
Citizens of the City of Anaheim:
1. That all engineering requirements of the City of Anaheim along Lincoln
Avenue including preparation of irrprovement plans and installation of all
improvements such as curbs and gutters, sidewal4;s, street gradirig and paving,
drainaye facili[ies or other appurtenant work, shall be complied with as required by
the City Engineer and in accordance with specifications on file in the Office of the
City Cnyineer; ti~at sCreet lighting facilities along Lincoln Avenue and Westchester
Drive sliall be installed as required by the Office of Utitities General Manager, and
in accordance with specifications on file in the Office of Utilities General Manager;
and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount
and form satisfar.tory to the C~ty of Anaheim shall be posted witti the City to
guarantee the installation of tlie above-mentinned requirements prior to occupancy.
2. That the owner(s) of subject property shall pay to the City of Anaheim
a fee~ in an amount as determined by tl~e City Council, for tree planting purposes
along Lincoln Avenue and Westchester Drive.
3. That subject property shall be developed substantially in accordance
with plans and specifications on file rrith the City of Anaheim marked Exhibit Plos. 1
and 2.
4. That the oo-~ner(s) of subject property shall submit a letter requesting
:ermination of Conditional Use Permit t~o, tn54 tu the Planning Uepartment.
'Z' PC8o-236
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5. That Condition Nos. 1, 2 and 1t, above-mentioned, shall be complied with
prior to the commencement of tlie activity authorized under this resolution, or prior
to the time that the buildin~ permit is issued, or a~ithin a period of one year from
date ha:reof, whichever occurs first, or such further time as Che Planning Commission
may grant.
6. 7hat Condition No. 3, above-mentioned, shall be complied with prior to
final building and zoning inspections.
7. That the use is hereby yranted for a period of five (5) years, subject
to review by the Planning Commission at that time for possible extensions. Said
review shall 5e made folla•~ing a written request by the petitioner.
DE IT FURTHER KESOLVED that t!~e Anaheim City Planning Commission does hereby
find and determine that adoption of this kesolution is expressly predicated upon
applicant's compliance witli each and all of the cor.ditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdictio~, then thts Resolution,
and any approvals herein contained, shall be deemed null and void.
TtiE FOREGOING RESOLUTIOtI is signed and approved by me this 15th day of
December, 1930. ~
/
CHAfRMAIJ, ADIAHEIM CITY PLANAlING COMMISSIOt~
ATTEST: „
SECRE.TARY, ANAHEIM CiTY PLAqPlI~dG COMMISSI011
STATE OF CALIFORNIA )
C;JUNTY OF ORANGE ) ss.
CITY OF AIJAIIEIFI )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission hetd on Uecember 15, 19i30, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSNORE, FRY, KING~ TOLAR
NOES : COMMI SS I OtIERS : NOIJE
ABSEI~T: COMMISSIONERS: NERIiST
tg8o.
ItJ WITNESS WHEREOf, I have hereunto set my hand this 15th day of December,
`~~ z° ~.~~.~
SECRETA , AtJAtlElf1 CIT PLAtJNItJG C011MISSION
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