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PC 85-110RESO1~UTi0:d NO. YC85-110 A RESOLU2'lON OF THE ANAHEIM CITY PLA[JNING COMMISSION T2iAT PETITIO[J E'OR CONDITtONAL USE PERMIT N0. 2673 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive IhCe%11557 Petition fo[ Conditional Use Permit f[om DUTCH CLUB, A. V. I• ~•. West Katella Avenue, Anaheim, CA 92802, owner, and ROBERT BAX, 6624 t7aomi Avenue, Buena Pack, CA 90620, agent for certain real property situated in the City of Anaheim, County of Ocanye, State of California, described as: PARCEL 1: TFIE EAST FIALF OF THAT PORTION O° LOTS 7 AND 8 IN ELOCK 17 OF A SUBDIVISiON OF TFiE SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH~ RANGE 10 WEST, S. B. M.~ IN THE CiTY 0[' ANAHEIM~ COUNTY OF ORANGE, STATE OF CALIEORNIA, AS PER MAP RECORDED IN BOOR 1 PAGE 33 OF MISCELLANEOUS F1APS, IN THE OFFICE OF THE COUNTY RECORDER OP SAZD CUUNTY~ DESCRIBED AS FOLLOWS: bF.GINNINC AT A POINT ON THE SGUTH LINE OF SAIA LOT 7r SOUTH 89° 51' LO' EAST A60.40 FEET fROM THE SOUTHWEST CORNER THEREOF~ SAiD POINT BEING t'HE SOUTHEA.°.T CORNER OF THE LAND CONVEYED TO ROBERT H. HUUSON E; UA.~ BY DEED RECORDED OCTOBER 27, 1950 IN BUOF: 2094 PACE 16~ OFFICIAL RECORDS; THENCE NORiH 0° 33' 10' EAST ALONG THE EAST LINE OF SAID LAND CONVEYED TO R086RT H. HUDSON, ET UX., 668.87 FEET TO A PQT_NT ON THF. NORTH LINE OF SAID LGT 7; TNEt]CE SOUTFI 89° 43' S0' EAST ALONG iHE NURTH LINE OF SAID LOTS 7 AND B, 202 FEET TO A POINT; THENCE SOUTH 0° 33' 10' WEST 668.17 FEET TO A POINT O!1 THE SOUTf1 LINE OF SAID LOT 8; THENCE NORTH 89° 51' 10' WEST ALONG THE SOUTH LIN6 Ok' SAID LOTS 7 A~1D 8, 202 FEET TO THE POINT OF BEGINNING. EXCEPT TH£ NORTH 300 FEET THEREOP. PARCEL 2: *,u .,.ry m~~,qT PORTTON OF LOT 7 IN AN UNUIV1llEU L/9'1'i~ ilv~ci:i::~: ~:: ~• • - BLOCK 17 OF A SUBDIVISION OF Tk1E SOUTH HALF OF SEC^_ION 21~ TOWNSHZ? 4 50UTH RANGE 10 WEST~ S.B.M.r IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STF.TE OF (:ALIFORNZA~ A5 PER MAP RECORDED IN BOOK 1 PAGE 33 OF tdISCELLANE0U5 MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED AS POLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 7; SOUTH $9° 51' 10" EAST 340.40 FEET FROM THE SOUTHWEST CORNER OF SAID LOT, SAID POINT BEING THE SOUTHEAST CORNER OF THE LAND CONVEYED TO WILLIAFI L. FARROW, ET UX.~ BY DEED RECORDF.D Eggg~pRy 27, 1948 IN BOOK 1620 PAGE 497~ OFFZCIAL RECORDS; THENCE WEST 12.50 FEET ALUNG THE SOUTH LINE OI' SAID LOT; THENCE t:OP.TH 0° 33' 10" EAST PARALLEL WITH THE EASTSOIFEETF THE LAND CONVEYBB TO WILLIAM L. FARROW~ ET UX.~ THENCE EAST PARALLEL 47ITH THE SOU'PH LINE OF SAID LOT 7 r 25 FEET; THENCE south 0° 33' 10' WEST 50 FEET TO SOUTH LINE OF SAID LOT 7; TtIf:NCE WEST 12.50 FEET TU THE POINT OF BECINNING. U508t PC85-110 _. , _ WFIEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Ananeim on Apcil 15, 1985, aE 1:30 p.m., notice of said public hearing having been duly given as cequired by law and in accordance with tne pcovisions of the Anaheim Fiunicipal Code, Chapter 18.03, to hear and consider evidence Eor and against said proposed conditional use permit and to investigate and make findinqs and recommendations in connection therewith; said public hearing having cuntinued to the Planning Commis~ion meeting of April 29, 1985; and WHEREAS, said Commission, after due inspection, investigation and study made by it~elf and in its behalf, and afte[ due consideration of all evidence antl repocts offered at said hearing, does find and determine the following Eacts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030.010 and 18.44.050.2G0 to wit: to expand an existing pri'•~ate clab with alcoholic beverages and with waiver of the followiny: S°CTIONS 18.06.OS0.0264 - llinimum number of oackinq spaces. 18.06.080 (71 spaces reguired; 38 spacec proposed) AND 1&.44.066.050 2. That the above-mentioned Waiver is hereby granted on the basis that the parking waivec wili not cause an increase in traffic congestion in the immediate vicinity noc adversely affect any adjoining land uses and granting of the parking waiver undec E}~e conditions imposed, if any, will not be detcimental tc the peace, tiealth, saEety and general welfare of the citizens of the City of Anaheim; and furttier on the basis that the petitioner stipulated to execcte, cecord and submit a par'r,ing agreement, satisfac[ory to the City T[affic En9inee[ and City Attorney, as to form and content, with the prooerty owner of the adjacent property te the west foc the use of available off-site packing spaces as needed. 3. That the p[oposed use is hereby granted subject to the fellowing stipulations made by the petitioner at the pubiic heacing: a. Tnat all private club members shalt be notified in writing that they should park on the premises when attending any functions at the club; and further that any club member renting the facility for a private function shall notify invited guests of the requirement to park in parking spaces on the premises or on the adjacent property to the west. That there shalt be at least two menbers of the Doard of the Lutct~ Club - AVIO, or a pcivate unifocmed security guard, present at all special functions on Friday and Saturday eve~ings; and further that one person shall be responsible for munitoring the parking a:eas at the close of each snecial function to insu[e that all yuests leave quickly so they are not talking or making noise in the parking areas, and thereby disturbing the nearby residential neighbors. c. ~Phat within a pcriod of thirGy (30) days, any outdoor lights shall be shielded ar screened so they will not shine into nor be seen from any n?arby pcope[ties. 'Z- PC85-110 d. That within a period of thirty (30) ~ays, the existing landscaped areas shall be re£urbished and brought up to Code~ standards, and shall be so maintained at all times in the future. e. That all windows and dooes shall remain closed during all functions at the club; and that any music, either live or tecorded, shall be stopped by twelve o'clock midnight on Friday and Saturday even?,ngs. f. That a sound stuoy and recommendations for sound attenuation measures shall be perfozmed by a qualified sound engineer and submitted to and a~proved by the Chief Building Inspector ptior to issuance of bui'.aing Fermits. g. That the schedule of clu6 activities snall be limited to the following: DAY TID;F: USE Monday 8:00 p.m. - 11:00 p.m. Choir rehearsal Tuesday 10:00 a.m. - 2:00 p.m. Bible study 8:00 p.m. - 11:00 p.m. Card club Wednesday lO:UU a.m.. - 2:00 p.m. Ladies Auxiliary 8:00 p,m„ - 11:00 p.m. Board & Entertainment commit*_ee Thursdny 8:00 p.m. - 11:00 p.m. Bible study Friday 6:00 p.m. - 12:00 p.m. Open house Saturday 7:00 p.m. - 12:00 p.m. Dancing Sunday 8:00 a.m. - noon Chucch services 2:00 p.m. - 6:00 p.m. Tea 4. ihat the propose~ use will not adversely affect the adjoining land uses and the growth and development of the area in which it is oroposed to be located. ,,," - 5. ThaL- the size and shape of the site proposed for the use is P~=? adequate to allow the fu11 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. [~,5 I~ V 'y 6. That che granting of the Conditional Use Permit under th~ conditions imposed, if any, will not be detrimental to the peace, health, ~ '~;', safety and general welfare of the Citizens of the City oE Anaheim. =;~~ 7. That the tcaffic 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 four persons indicated ~heir presence at the April 1, 1965 public hearing in opposition and that two persons indicated their presence at the April 29, 1985 nublic hearing in opposition; a~d that no correspondence ~,", was received in opposition to the subject petition. ~;?,~'~ -3- PC85-110 ,::~ ~;,a ~ ~„ ENVIRONMENTAL IMPACT FIhDING: That the Anaheim City Planning Commission has reviewed the proposal to expand an existing private club w:th alcoholic beverages and with waiver of minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 0.72 acre, having a frontage of approximately lQl feet on the north side of Katella Avenue, and further described a~ 1557 West Katella Avenue (DUtch Club, AVTO); and ~oes h~reby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the pub.lic review process and further Ei.nding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE ZT RESOLVED that the Anaheim City Planning Commi~sion does hereby grant subject Petition for Conditional Use Permit, upon the following cunditions which are hereby found to be a necessar.y prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizans of the City of Anaheim: 1. That the owner oE subject ptoperty shall pay to the City of Anaheim a fee for tree planting purposes a:ong Katella Avenue in an amount as determined by the City Council. 2. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Caunc~l for new commercial buildin9s. 3. ~hat the driveway snall be redesigned and reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffir Engineer. 4. That trash storage areas shall be provided and maintained in accordance Nith approved plans on Eile with the Street Maintenance and Sanitation Division. 5. That the existing most wAst~rly drivewa~ on Y,a:ella .,verue sk~ail ue removed and replaced with a standard curb, gutter, sidewalk and landscaping. G. That alt air conditioning faci.lities and other roof and ground mounted equipment sl~all be properly shielded from view, and the sound buffered from adjacent residential properties. 7. That the proposal shall comply with a.ll signing requirer,:ents of the CL Zone, unless a variance allowing sign waivers is app~oved 6y the Planning Commission or City Council. That any proposed parking area lighting fixtures sha11 be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent property lines ta pzotect the residential integrity of the area; and further that within a Feriod of thirt,y (30) days, existing outdoor lights shal.l be shielded or screened so they will not shine into nor be seen from any nearby residential properties. -4- PC85-1.10 9. 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 3. 10. That a sound study and recommendations for sound attenuation meas~res shall be perfocmed by a qualified sound engineer and submitted to and approved by the Chief Building Inspector prior to issuance of building permits. 11. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2 and 10, above-mentioned, shail be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 12. That prior to final building and zoning inspections, Condition Nos. 3, 4, 5, 6, 8 and 9, above-mentioned, shall be complied with. 13. That within a period of thirty (30) days, the existing landscapnd areas shall be refurbished and brought up to Code standards, and shall be so maintained at all times in the future. 14. That all private club members sha.il be notified in writing that they should park on the premises when attending any functions at the cl~b; and fucther that any club member renting the facility for a private function shall notiEy invited guest of the requirement to park in packing spaces on the premises or on the adjacent property to the west. 15. That there shall be at least two members of the Board of the Dutch C.lub - AVIO, or a private uniEorme~9 security guard, present at all special functions on Friday and Saturday evenings; and further that one person shall be responsit].e for monitoring the parking areas at the close of each special fu~4ction to insure that all guests leasE quickly so they are not talking oc malcing noise in the parking areas, and thereby disturbing the nearby residential neighbors. 16. That all windows and doors shall remain closed during all funations at the club; and that any music, either live or recorded, shall be stopped by twelve o'clock midnight on Friday and Sat.urday evenings. 17. That the schedule of club activities sh~ll be limited to the following: DAY TIME USE Monday 8:00 p.rn. - 11:00 p.m. Tuesday 10:00 a.m. - 2:OU p.m. 8:00 p.m. - 11:00 p.m. Wednesday 10:00 a.m. - 2:00 p.m. 8:00 p.m. - 11:00 p.m. -5- Choir rehearsal Bible study Card club Ladies Auxiliary Board & Entertainment Conmittee PC85-110 ~r,.......,...,...,_.._,;_._.... ..., .~ _.. . .. . . . . _ . _ .. Thucsday 8:00 p.m. - 11:00 p.m. Bible study Friday 6:00 p.m. - 12:00 p.m. Open house Saturday 7:OG p.m. • • 12:00 p.n. Dancing 5unday 8:00 a.m. - noon Church services 2:00 p.m. - 6:00 p.m. Tea BE IT FUI2THER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of L•he conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid ur unenforceable by the final judgment of any court of competent jurisdiction, then thzs Resol~tion, and any appcovals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and ap~ov d by me this 29th day of April, 1985, ~~ --~-/ ~ c~ ~ --2FfA~ ANA M CITY PLANNING COFIMISSION ATTEST. /~"~ ~ /~i~~ SECRETARY, ANRHEIM CZTY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OC• ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary af the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anahei:n City Plann:.ng Commission held on April 29, 1965, by the followin9 vote of the meaibecs thereof: AYES: COMMISSIONERS: BOUAS, HERBST~ KING~ L,A CLAIRE~ D1C BURNGY NOES: COMMISSIONEkS: BUSHORE~ FRY ABSENT_: COMMISSZONERS: NONE I[a WITNESS WHEREOF, I have hereunto set my hand this 29th day of April, 1985. ~~..~G ,~ /~~~.u,u~.d SECRETARY~ ANAHEIM CITY P~,ANNING COMMISSION -6- PC85-110