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PC 82-127RESOLUTION t10, PC8?.-127 A RESOLUTI Old OF THE APdAHE IN C ITY PLAt:tJi PIG COMM I SS I QPI TI1AT PETITIOFI FOR C011DITIOt!!1L USE PERt11T IJO. 231~~ t3[ GRANTEO WNEREAS, ttie Anaheim City Planning Commission di~1 receive a verified Petition for Conditional Usc Permit from JACI< C. AND DORIS H. CHOU, 17771 Fitch Street, Irvine, California, 9271A, o4m er, and 4.D.H. E?lTFRPP,ISES, ATT: ZAC NEP~SON, 2731 E. Regal Parl: Drive, Anaheim, California 9230G, agent, of certatn real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: TIIAT PORT.IOtJ OF THE NORTHYlCST QUARTER OF FRACTIOyAL SECTION 26, TO~dNSHtP 4 SOUTH RA'rdGE l0 !JEST IN THE RAIIr,HO SAV JuAN CAJO'! D[ SANTA A~IA, CiTY OF ANAHEI~1, COUNTY OF ORAtJGE~ STATE OF CAL! FORt~ I A, AS PER M/1P RECORDED I td DOOK y 1, PAGE 10 OF f115CELI.AtJE0U5 MAPS Itl THE OFFICE OF TfIE COUtITY RFCORDER OF SA.IJ COUCJTY SHOIJtJ AS "R[SIDUAL PARCEL~~ O~! A MAP FILED t~~ 1300K 23~ PAr.,E 36 OF PARCEL F1APS, I;~ ?HE OFFICE OF THE C~UNTY Rf:CORDER OF SAID COU~JTY. WHEREAS, ttie City Planning Commission did holci a public hearing at the City Hall in the City of Anaheim on June 2II, 1~87_, at 1:30 p.m., notice of said puh~~~ hea ring having been duly given as required by 1aw an~l in accordance with che provisions of the Anaheim P!unicipal Code, Chapter 1E3.03, to fiear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewitfi; and WfiEREAS, s~id Commission, after due inspection, investination and st~dy made by itself and in its behalf, and after due consideration of all evidence and reports offered ~r_ s~id hearing, Joes ~ind and datermin~ the following facts: 1. That the proposecf use is properly one for which a conditiona) use permit is authorized by Anah=im tlunicipal Code Section 1~.~3.fl3~.010 t~ wtt: to permit a public dance ha11 in the f1L (Industrial, Ltmited) Zone. 2. That the proposed use is granted on the l~asis that the petitioner stipulated to the followiny conditions: (a) That a public dance I~all permit shall be acquired~ as required 5y Code; and (b) That there sliall be no 3ctivities which r~ay qualify the use as an adult business pursuan[ to Chapter 18.39 "Adult Entertainment". 3. That the proposed use, as granted, wilt not adversely affect the adjotning land uses and the growtli and development of the area in which it is proposed to be located, 4. That the size and shape of the sitc proposed for the use is adequate to allow the fu11 deveiopment of the proposed use in a manner not detrimental to tlie PC82-127 particular area nor to the peace, health, safety, and g~neral vn•lfare of thr. Ci[izens of the City of Anaheim. 5. Tl~at the granting of the Condition~l Use Permit under the c~n:;ition~ imposed, if any, will not be detrimenLdl to the peace, hr_altf,, safety and genera) welfa re of the Citizens of the City of Anaheim. G. That the traffic generated by the proposed use ~~ill not impose an undue burden upon the streets and higliways designed and improved to carry the traffic in the area. 7. That no one indicated their presence at said public hearing in opposition; and ti~at no correspondence a~as received i~ oppositio~i to the subject petition. Et~V I RO1Jt1EllTAL 111PACT F I PJD 1 tJG : Tha t tlie Anahe i m C i ty P 1 ann i ng Comm i ss f on has revietived the proposal to permit a public dance hall with an admission charge in the ML (InAustrial~ Limited) 2one on an irregularly-shaped parcel of land consisting of approximately l.fi9 acres located south and o~est of the south~aest corner of Katella i Avenue and Lewis Street, having a frontage of approximatr_1y 175 feet on the south side of f:atella Avenue and a frontage of 63 fest on the west side of Lewis Street (710 East Katella Avenue); and does hereby approve the ~Jegative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this tlegati~e Declaration since the Anafieim General Plan designates the subject property for 9eneral industrial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in th~ proposal; that the Initial Study suhmitted by the petitioner indicates no significant individual or cumulative adverse envir~nmental impacts; and that the Negative Declaration substantiating the fore3oir.g findin9s is on file in the City or Anaheim Planning Department. N04l, THEREFORE ~ t3E 17 RGSOLVEiI tE~a t tiie Anahe i m C i ty P1 ann i ctg Commt 55 t ott does hereby grant subject Petition 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 preserve thc safety and general welfare of tne Citizens of the City of Anaheim: l. That trash storage areas shall be provided in accordance ~rith approved plans on file with the Office of the Executive Director of Public Works. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 3, That ttie applicant shall ~pply for and obtain approval of a public dance , hall permit pursuant to the requirements of Chapter 4,16 of the Anaheim ~ Municipal Code, s j 4. That no activity shall be permitted which would othe n~ise qualify the use as ~ an adult business pursuant to Chapter 13,39 of the Anahelm Municipal Code. '~ $. That Condition Nos. 1, 2~ and 3~ above-mentioned. shall be complied with ° prior to final bullding and zoning inspectlons. or prior to commencement of i ~ the activity herein approved~ whichever occurs ftrst, ~ -2- PC82-127 ~ti .~, _ ____,.,.r /`~1 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby fincJ and determine that adoption of this Resolution is expressly predtcated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any sucli condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdicti~n, then this Resolution, and any approvals herein contained, shall be deemed nult and void. T'Nt FOREGOING RESOLUTIO~J is signed and apoi•oved by ne this 28th day of June, 1982. 1~ ~. ~~.~.-~-- CHAIRMAN, AMAHEtM CITY PLANNING C0~4MISSION AITEST: ~L~~%~iY~~~~ ECRETARY PRO-TEh1PORE ANAHEIM CITY PLAtJNING COt~MIS510M STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C ITY OF A;JAHE It9 ) I, Pamela fi. Starnes, Secretary Pro-Tem of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution ~vas passed and adopted at a meeting of the Anaheim City Planning Commission heid on June 28, 19$2, by the following vote of the members thereof: AYES: COt1MISSIONERS: BARNES, DOUAS, FIERf3ST, MC BURNEY (JOCS: COMMISSIONERS: BUSHORE, FRY, KING ADSENT: COMMI5510NERS: NONE IN WITiJESS IJtiEREOF, I have hereunto set my hand this 28th day of June, 1982. ~ SECRETARY PRO TEMPORE AP~AHE I M C i TY PLAI~fJ I NG CQMM I SS I ON -3- PC82-127