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PC 83-158RESOLUTION NO. PC83-158 A RESOLUTION OF Tk;E ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2489 BE GRANTED WHEREAS, the Anaheim City Planning Commis~ion did receive a verified Petition for Conditional Use Permit from KYU HO YUN & YOUNG SOOK YUN, 13043 Magnolia Avenue, Garden Grove, California 92644, owners, and LONG DUC LE, 1810 West Edinger, Santa Ana, California 92704, agent of certain real property situated in the Cik! of Anaheim, County of ~range, State of California, described as: PARCEL 1: THE SOUTH 60 FEET OF THE NORTH 264 FEET OF THE EAST 10 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ IN THE RANCHO LOS COYOTES~ AS SHOWN ON A MAP RECORDED IN BOOK 51~ PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COONTY~ CALIFORNIA. EXCEPTING T.HEREFROM THA'P PORTION INCLUDED WITHIN TRACT N0. 2928, AS SHOWN ON A MAP RECORDED IN BOOK 95, PAGES 13, 14 AND 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY~ CALIFORNIA. PARCEL 2: THE NORTH 60 FEET OF THE SOUTH 120 FEET OF THE NORTH 264 FEET OF THE EAST 10 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ IN THE RANCHO LOS COYOTES~ AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS~ RECORDS OF OR:9NGE COUNTY~ CALIFORNIA. EXCEPTING THEREFROM THAT PORTION INCLODED WITHIN TRACT NO. 2928, AS SHOWN ON A MAP RECORDED IN BOOK 95, PAGES 13~ 14 AND 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 1983, at 1:30 p.m., notice of said public hearing havin9 beer. duly qiven as required Uy law and in accordance with the provisions of the Anaheim Municipal Code, Chapter. 18.03, to hear and consid~r evidence for and against said proposed conditional use permit and to investigate and make findings and re~ommendations in connection therewith; and WHEREAS, said Commission, after due study made by itself and in its behalL-, and evidence and reports offered at said hearing f ollowin9 facts: inspection, investigation and after due consideration of all , does find and determine the ~0031r PC83-158 ~ ~ 1. That the proposed use is pro~,erly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 & 18.44.050,030 to wit: to permit an expanded public dance hall with on-sale beer. 2. That the proposed use is granted for a period of three (3) years, to expire on September 7, 1986. 3. That the proposed use is hereby granted subject to the following stipulations made by the petitioner at the public hearing: a. That the hours of operation for the public dancing shall be limited to the following: Thursday and Sunday - 8:00 p.m. to 11:30 p.m. Friday and Saturday - 8:00 p.m. to 1:30 a.m. b. That the rear doors shall remain closed at all times during business hours. 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area iii which it is proposed to be located. 5. That the size and shape of the site proposed for the use is 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 the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Petmit under the conditions imposed, if any, will not be detrimentai to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. Thak the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to expand a public dance hall with on-sale beer on a rectangularly-shaped parcel of land consisting of approximately 0.9 acre, having a frontage of approximately 120 feet on the west side of Brookhurst Street being located approximately 395 feet north of the intersection with Orange Avenue, and further described as 505-507 South Brookhurst Street; and does hereby approve the Ne9ative Declaration upon findin9 that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a sigriificant effect on the environment. -2- PC83-158 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planninq Commission does hereby grant subject Pe:ition for Conditional Use Permit, upon the following conditions which are herrby found to be a necessary prerequisite to the proposed use of the subjer,t property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1• That sidewalks shall be installed along Brookhurst Street as required by the City Engineer and in accordance with standard plans and specifications on file in the OfYice of the City Engineer. 2• That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2418 and 2431 to the Planning Department. 3• That plans shall be submitted to the Euilding Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 4• That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 5• That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 6- That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichevec occurs first, Condition No. 2, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 og the Anaheim Municipal Code. ~• That prior to final building and zoning inspections, Condition Nos. 1, 4 and 5, above-mentioned, shall be complied with. 8• That the use is granted for a period of three (3) years, to expire September 7, 1986. 9• That the hours of operation for the public dancing shall be limited to Thursdays and Sunday from &:30 p.m, to 11:3~ p.m „ and Fridays and Saturdays from 8:30 p.m. to 1:30 a.m. 10. Thak the rear doors shall remain closed at all times during business hours. -3- ! ~ ~ PC83-158 ~ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of tt~is Resolution is expressly predicated upon applicant's compliance wzth each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 7th day of September, 1983. ~ ~~ CHAIRMAN, NAHEIM CITY PLANNING COMN,ISSION ATTEST: l/~ ~ ,~ i~fff[~.~., SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Plannir.g Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 7, 1983, by the following vote of the member~ thereof: AYES: COMMISSIONERS: BOUAS~ FRY, HERBST, KING, LA CLAIRE~ MC BURNEY NOES: COMMISSIONERS: BUSHORE ABSENT; COMMISSIONERS: NONE IN WITNE^uS WHEREOF, I have hereunto set my hand this 7th day of September, 1983. - ~~C.C.~fv ~ ~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -4 PC63-158