PC 81-108r,FSO~u~ io~~ ~~o. Pc~i-i~2
A R[SOLUTION OF TIIE AP1l1HE1!1 CITY PLA~J'IIN; COHNISSION
TH/1T PETITIO.'1 FOR CQrIDIT10'lAL USE PER!11T P:O, 2?17. f:F fRA!1TED
UHEREAS, the Anaheim City Planning Cemmission did receive a verified
Fetition for Conditional Use Permit frr.m L/1R.",Y R. SHITH l,ND JU~ITH i. SF11TH~ 17046
~larina Bay Drive, Huntington HarLor, Califnrnia ~2~4~ oti~mers, ~nd TH~ NLD CO;~P,, G,
J. Roach, 91E~S South Knott Street, Anaheim, California '~12~304, agent, of certain real
property situated in the City of FlnahPim, County of Oranc~e, State of California,
descrihed as:
THAT PORTIOtI OF 7HE SOUTHEAST OUl1P,TER OF SECTIO~J 1~, TOII~lSHIP ~:
SOUTH, P,A"JGE 11 41EST, IN ThiE RA.~JCHO LOS COYOTES, AS SHOWH OP: A MAP
RECORDED Ih! 300l; 5?, PAGc 11 OF 1115CELLANEOU$ MAPS, RECORDS QF
ORAtJGE COU"JTY, CALIFOR~JIn, DESCRIBED AS FOLLO~:iS: BEr,INNl~d.r, qT THE
SOUTHEAST CORt1ER OF SAID SECTION; TNEPICE SOUTH 8y° 3E' ~~IEST 2tt3,~?
FEET; THEtJCE NOP,TH >3° 24' l~lEST ALONG THE PAC i F I C ELECTft I C
RAILRO~p RiGHT-OF-WA ;21,u2 F[ET; THEPlCE MO°TH 0° 1;' 4fEST 71_.°5
FEET; THEtdCE 'IORTH 8~~ 3(,~ EAST 222.3 FEET Tn T~1[ 1'JTERSECTibf!
WITN A LItJE PAP,ALLEL WITH THE EAST L1tIE OF SAID S~CTIOtI ,AN6
DISTAIJT WESTFRLY 1~43,00 FEET FRON SAID EASTERLY LINE OF SAI~
SECTI OPI, SA I D I~ITERSECTI0~1 BE I NG THE TRUE PO I~IT OF QEG I I1M I ~JG;
THENCE PARALLEL WITli SA10 EAST LIPIE, SOUTH 0° 15' 4;" EAST 17n,0,~
FEET; THEPdCE tIORTH II~~° 3u' EAST 240.00 FEE i; THFPJCE P.qRAL!_EL
WITH SAID EAST LIPIE SOUTH 0° i~' 45" EAS7 1G3,7~t FEET TO A LlNE
FARALLEI IdITH APlD DISTAPIT 53.00 FEET ~dORTHERLY FROM TNE COURSE
HER[IH[3EFORE DESCRIP,ED AS "50UTH Sq° 36' WFST 'l~c,~7 FEET"•
THE~~ICF PARALLEL WITH SAID COURSE, NORTH 3~° 3~~ EAST ?n_nn FFFr ~~
Tli~ '~lESiERLY LirIE uF iHE EASTFRLY 1~33,OQ FE[T OF SAlD SECI'IOPI;
TFIENCE ALO~JG SAID b1E5TERLY LINE, PlORTIi 0° 1S~ ~t5" I~iEST 1~3.7!! FEET
TO A LINE PARALLEL WITfI A"1D DfSTAMT SOUTHERLY t?r,p~ FEET FR(1~~ T4f
EASTEP,~Y PROLOtJGAT10"! OF THFlT CERTAIN COURSc DESCRiBFD l1BOVE AS
"~lORTH II9° ;6' EAST 27_2,; ~EET"; TNENC[ ALONG SAi~ PARALLEL LIHE
MORTH E9° 3(,' EAST 130.00 FEET TO A LIME PARALLEL 4•/ITH AtID DISTA!1T
LlESTERLY j3,0p FEET FRON SAID EASTERLY LlilE OF SAID SECTInid;
THE~lCE ALONG SA ID LAST D[SCR f EED PARALLEL L I NE 'JO~;Tfi 0° 15 ° 45~~
WEST 1?0,00 FEET TO A LI~J[ WHICh' BEARS PIORTH 39° 3F' EAST AND
WFIICN PASSES THROUGH 7HF TRUE P01`JT OF BEGIMhJItJ~ THE~JCE ALOPJG SAID
LAST MENTIOIJED LINE, SOUTH 39° 3(>' 4,~EST 390.00 FEET TO THE TRUE
POINT OF BEGINhtNf; and
North 33.71E feet o` the SOUTH 256,74 feet of the East 133 feet of
the SE 1/4 of ~ection 15, Twp 1} South, Range 11 IJest, SR5 ~ ~~,
WHEREAS, the City ?lanning Commission did hold a public hearirg at the Civic
Center in thc City of Anaheim on May l~i, l~ii~i, at 1:30 p,m., notice of said oubli
hearing having been du7y given as required by laar and 1n accordance wlth the
provisions of the Anaheim Ptunicipai Code, Chapter i.°,.~~3, to hear and consider
evidence for and against said proposed conditional use permlt and to invesr;gate and
~nake findings and recommendations in connection therew(th; and
resi-ios
1lHERE~S, said Commission, after due insnection, ~nvestiaation and study made
by itself and in ~ts hehalf, and after due c~nsideration c~f all evidence and reports
offcred at said hearing, does find and determi~e th~; folict•iinn facts:
1. That the proposed use is properly one f~r ~,!hich a condi:ional us~
permit is authorized hy Anaheim Municipal Codr. Section 1~.-'~~~.050•n1n to wit: to
permit a cocktail lounge ~:lith o~aiver of the follc~•ring:
SECTIOPIS 1R.OG.060,0232 "linimum number of parking spaces.
and 18.~s4.0<6 - (1~9 spaces required;
~^ er.isr~„~l
2, That the proposed use is granted for a co_ktail lounge in connection
o~ith a restaurant hav3ng a min'imum of twenty-`ive percr.nt (2~%>) of the floor area
used for food preparation.
3. That the proposed use shall be 9ranted fc,r a period of one year, at
which time upon r~ritten request by the petitioner, additional periods of time may be
granted by the Planning Commission if it is determined that the use has not had a
detrimental effect on nearby uses.
4. That the requested .raiver is hereby 9r~nted on the basis that the
~equest is minimal, anounting to ~T.
5. That the proposed usc, as grantrd, ~•riil not adversely affect the
adjoininn land uses and the gro~•~th and develonment of the area in L•~hich it is
proposed to be locatecl.
6. That the size and shape of [he site proposed f~r the use ?s adequate to
allo~•J the fuli devclopment of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and 9eneral ~~elfare of the Citizens
nF .L... f~ rv nf /~nahn i n_
7. That the granting of thc C~n~itional Use F'ermtt under the conditions
impos~d, ir any, o-~ill not be detrimentat to the t~eace, health, safety and 9eneral
welTare of the Citizens of the City of Anaheim.
3, That the traffic generated by the proposeci use ~•~ill not iMpose an undue
burden upon the streets and hi9h~~~ays designed and in~roveJ to carry the traffic in
the area.
9. That t~,~o (2) pers~ns indicated their pre=ence at said publ!c hearina in
opposition; and that r.o correspondence ~ras received in opposition to the subject
petition.
ENViROtJME'JTAL IMPACT FI"!DI?JG: That the llnaheim City Planninq Commission has
revie4red the proposal to permit a cor.Ktail lourqc ~;~ith waiver of the minir~um number
of parking spaces on an irregularly°s!iaped parcel oF land consisting nf anprox~mately
1,G acres located north and o~est of the north~,~est corner of E3all Roa~i and I•.nott
Strret ~948 South F;nott) and d~es hereby anprove the Ne~ative Deciaration from the
requ~rement to prepare ar, environmental impact report on the hasis that there ~vould
be no significant individual or cumulative adverse environm~~nLal impUct clue to the
approval of this Negative Declaration since the An.yheim General Plan destgnates the
_~_ PC~1-1~~
subject propert•/ for general com:~ercial and mediun ~i~nsity r~sidential land uses
commensurate arith the proposal; that no ,ensitive environmental ir~pact=_ are lnvolved
in the proposal; that thc initial Stud~~ submitted hy t`ie petitioner indicates no
significant individual or cumulative adverse environmrntal impacts; and that the
Negative Declaratiun substantiatinn the f~regoinc~ findings is on file in t!ie City of
Anaheim ?lanning Department.
tl041, THE~EFORE, QE IT
does hereby grant subject PeLition
eonditions which are hereby found
of the subject property in order t~
Citizens of the City of Anaheim:
RESOL!~EU that the llnaheim City I'lannin~7 Commission
for Conditianal Use Perr~it, up~n t!~e follqwjnq
to be ~ necessary prerequisite to the proposed use
~ preserve the safety and generai welfare of the
1. That suhject property shall be developed suhstantially in accordance
with plans and specifications on fil~ ~•~ith the City of Anaheim marre~ Exhibtt Nos. 1
and 2; provid~d~ howevcr, that a minimum of ri•~enty-five nercent (2r;L) of the floor
area shall be used fcr food preparation.
2. That Condition ~~o, l, ahove-mentioned, shail he r_omplied alith prior to
final building and zoning inspections, or ~rior t~ commencement of the activity
heerein approved, ~;~hichever occurs first.
;. That the use, as approved, is herehy granted for a period of one year,
be which time, upon ~•~ritten rA~uest by thc petitloner, additional perlods of tine may
granted by the Planning Commission if it is deterni~ied that the ~se has not had a
detrimental effect on nearby uses.
DE 17 ~URTHER RESOLVED that the An~heim City Planning Commission does hereby
find and determine that the adoption of this Fesolution is expressly predicated upon
applicant's compiiance ti•iith each and all of the conditions hereinabove set forth.
Should any condition or any part thereof, be declared invalid or unenforceable by the
final judgment of any courC of competent jurisd(ction, then this Resolution, and any
approvals herein eontained, shali ue deemed null and v~ici.
THE FQREGC I P!G P,ESOLUT 10~1 i s s i gned a~d aoproved ny ne th i s 1'th day of May,
19II1.
S`~ ~ . ~
~HAIRMAN RO TEMPORE
ANAHEIM CiTY PL.4~ltJItJG CnM;;ISS10^I
ATTEST:
~ • ~ .
SECRf.T~1i'.Y, A'l/1lIEIM CITY PL NN1NG C~M"IISSIOP!
-3- ~c8i-toB
S7ATE OF C~1~ I FORt! I A )
COUNTY OF OP,At~GE ) ss,
C ITY OF l1hlAliE 1~1 )
i, Edith L, f?arris, S~cretarv o~ thc /+,nahcim C~ty Ptannin~ Corxnission, do
herehy r_~~rtify that the foregoing resolution t•~as nassed and adc,nted at a meeting of
the Anaheim City Planning Comnission helrl ~n 'tav 1", 1~•'.,1, at 1:3~ p,m„ by the
follot•rin~ vote of the members thercof:
A'(ES: COMMISSIO'•lERS: uqF;t;ES, BOU.~S, H[R[?ST, KIHC
NOES: C0~1M15510!JERS: BUSFIORE, FRY
ABSENT: COMMISSIO~IERS: T~LA'?
I~J b/ITNESS hFIEREOF, I havc hereunr-, set my han~i this 18th day of '1ay, 19n1,
~~ k° ~~
S[CRCTARY, .4~lAHE f I~I C ITY PLAPIN I NG COMM I SS I ON
-4- Pc°i-1ot3