PC 85-115RESOLUTION N0. PC85-115
A RESOLUTIOtJ OF THE ANAHEIM CITY PLANNING COPIMISSION
THAT PETITION FOR CONDITZONAL US'E PERMIT N0. 2683 BE GRANTED
L~HLREAS, the Anaheim City Planning Commission did receive a verif.ied
Petiti~n for Conditional Use Permit from LARRY R. SMITH AND JUDITH Z. SFIITH,
17046 Marina Bay Drive, Huntington Beach, California 92647, owners, and
RICHARD MONSO~R AKA DICK DALE, 2296 Channei Road, Balboa, Cal.ifornia 92661,
ag2nt for certain real propecty situated in the City of Anaheim, County of
Urange, State of California, described as:
TliAT PORTSOC7 OF THc SOUTt1EAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO
I,OS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORtdZA, AS PER MAP RECORDED IN BOOK 51 PAGE 11 OF
MISCELLANEUUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID CUUNTY.
BEGINNING AT THE SOUTHEAST COkNER OF SAID SECTION; THENCE SOUTH
89° 36' WEST 248.02 FEET; THENCE NORTH 53° 24' WEST ALONG THE
PACIFIC ELECTRIC RAILROAD RIGHT-UF-WAY 521.62 FEET; THENCE
NORTH 0° 13' WEST 72.95 FEET; THENCE NORTH 89° 36' EAST 222.3
FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH THE EAST
LINE OF SAID SECTION AND DIST~NT WESTERLY 443.00 FEET FROM SA?D
EASTERLY LINE OF SAID SEC7'ION, SAID INTERSECTZON BEING THE TRUE
POINT OF BEGINNING; THENCE PARALL,EL WITH SAZD E11ST LINE~ SOUTH
0° 15' 45" EAST 170.00 FEET; THENCE NORTH 89° 36' EAST 240.00
FEET; THENCE PARALLEL WITH SA':D EAST LINE SUU:~H 0° 15' 45' EAST
163.74 FEET TO A LINE PARALLEL WITH AND DISTANT 53.00 F~ET
NORTHERLY FROM TNE COURSE HEREINBEFORE DESCRIBED AS "SOUTH 89°
36' west 248.02 FCET"; THENCE PAP,ALLEL WITH SAID COURSE, NORTH
89° 36' EAST 20.00 FEET TO 7'HE WESTERL' LINE OF THE EAST~P.LY
183.00 rEET OF SAID SECTION; THENCE ALONG SAID WESTERLY LINE,
NORTH 0° 15' 45" WEST 163.74 FEET TO A LINE PARALLEL WITH AND
DISTANT SOUTHERLY 170.00 E'EET FROFt THE EASTERLY PROLO[4GATION OF
THAT C~RTAIN COURSE DESCRIBED ABOVE AS 'NORTH 89° 35' EAST
LLL.3 FEET'; THENCE ALONG SAID PARP.LLEL LINE NORT9 89° 36' EAST
130.U0 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 53.00
FEET FROM SAID EASTERLY LINE OI' SAID SECTION; THENCE ALONG SA:D
LAST DESCRIBED PARALLEL LINE NORTH 0° 15' 45' WEST 170.00 FEET
TO A LTNE WHICH BEARS NORTH 89° 3ti' EAST AND WHICH PASSES
THROUGH THE TRUG POINT OF BEGINNING THENCE ALONG SAID LAST
MENTIONED LINE, SOUTH 89° 36' WEST 390.00 FEET Tq THE TRUE
PUINT OF BEGINNING.
LOCATED WITHZN THB CZTY OF ANAHEIM, tJORTH 33.74 fEET OF THE
SOUTH 216.74 FEET OF THE EAST 1$3 FEET OF THE SOUTHEAST QUARTER
OE' SECTION 15~ TOWNSH:P 4 SOUTH, RANGE 11 WEST~ SBB & M.
+~HEREAS, the City Planning Commissiun did h~ld a public hearing at
the Civic Center in the City of Anaheim on Apcil 29, 1985, at 1:30 p.m.,
notice of said public hearing having been duly given as tequired by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
0513r PC85-115
i. _.. .
to hear and consider evidence for and against said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalt, and after due consideration of all
evidence and reports offeced at said hearing, dues find and determine the
following facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Sections 16.44.050.010 and
1f3.44.050.030 tc wit: to permit a public dance hall with on-sale of alcoholic
beverayes.
2. That the proposed use will not adversely affect the adjuining
land uses and the growth and development of the area in which it is prop;sed
to be located.
3. That the size and shape of the ~ite proposed for the use is
adequate to allow the full developmenr of the proposed use in a manner not
detcimental to the particular area not to the peace, health, safety and
genecal welfare of the Citizens of the City of Anaheim.
4. That the g[anting of the Conditional Use F°rmit undet the
conditions imposed, if any, w;~l not be det~imental to the peace, hea~th,
satety and general welface of the Citizens of the City of Anaheim.
5. That the traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved to carry
the traff.ic in the area.
6. That two persons indicated their pcesence at said public
heating in opposition; and that no correspondence .~as received in opposition
to the subject petition.
6l~ViecutvM6tv'ri,L iF~btiC'i' F![vLiNG: 'i'i~at tne :~naheim city Ylanning
Commission has reviewed the pcoposal to pe[mit a public dance hall with
on-sale alcoholic beverages on an irregulacly-shaped parcel of land consisting
of appcoximately 1.6 acres located north and west of the northwest corner of
Ball Road and Knott Street and futther described as 951 and 959 South Knott
Street; and does her.eby approve the Negative Declacation upon finding that it
has considered the Negative Declaration togethec with any comments received
during the public review process and further finding on the basis of the
initial study and zny comments received that there is no substantial evidence
that the projPct will have a significant effect vn the environment.
NOW, THEREF'ORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby g[ant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary pzerequisite
to the proposed use of the subject property in ocder to preserve the safety
and general welfare of the Citizens of the City of. Anaheim:
-2- PC85-115
1. That a perpetual easement agreement for a strip of land at least 25
feet wide for access purposes across the vacant property to the
southwest shall be submitted to the P anning Department and then be
tcansmitted to the City Attorney's Office for review and approval.
The appcoved agr.eement shall then be filed and recorded in the
Office of the Or.ange County Recocde;. Proof of said recordation
shall then be furnished to the Planning Department.
2. That the parking lot shall be restriped to comply with the City oi
Anaheim Parkiny Standards.
3. That the t.wo driveways on Knott Street shall be redesigned and
ceconstructed to accommodate ten (10) Foot radius curb retutns ac
required by the City Traffic Engineac.
4. That fire sprinklars shal: be installed as r.equi:ed by the City Fire
Marshall.
5. That trash stcrage areas sh~ll be provided and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division.
6. That all air conditioning facilities shall be properly shielded from
view, and the sound buffered from adjacent properties.
7. That the proposal shall comply with all signing requirements of the
CL Zone, unle~a a variance aliowing siyn waivers is approved by the
Planning Commission or. City Council.
8. That the owner of subject ptoperty shall submit a letter cequesting
termination of Conditional U~e Permit Nos, 617, 1198, 1687 and 2642
to the Planning Department.
9. That subject use sha11 comply with all noise control recommendations
contained in the Noise Assessment Study prepared by J. J. Van Houten
and Associates, Inc., and dated December 15, 1981, a copy of which
may he found in rh~ n~,~n~r~ fl~r~rt~cr.t fi2e cf Ccnditicr,al Jse
Permit No. 2104.
10. That prior ta the commencement of the activity authorized ~nde~ ~his
resolution, a public dance hali permit shall be acquired crom the
City Council in accordance with Title 4 of the Anaheim Municipal
Code.
11. That subject propecty shall be developed substantially in accordance
with plans and specifications on file with the City o~ Anaheim
marked Exhibit Nos. 1 and 2.
12. That prior to the comm=ncement of the activity authorized under this
resolution, or 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 and 6, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.U90 of
the Anaheim nlunicipa: Code.
-3- PC85-115
13. That prior to the commencement of the activity authorized under this
Lecolution, or final building and zuning inspections whichever
occurs first, Condi.tion IQOS. 2, 3, 4, 5, 6, 9, 10 and 11,
above-mentioned, shall be complied with.
BE IT PURTHER kESOLVED that the Anaheim City Planning Commission
does hereby find and dekecmine that adoption of this Resolution is expressly
p~edicated upon applicant's compliance with each and all of the conditiens
hereinabove set focth. Should any such cunditions, 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, ~ha1Z be deemed null and void.
THE FUREGOING RESOLUTIOf7 is signed and approved by me this 29th day
of Ap[il, 1985. %
.~-f'ir 11 (~ti~ 5 L~
CHAIR AN~ ANAFiE~M/CITY PLANNING COMMISSIOPJ
ATTEST:
~Gk.'X-filt~ ~ %C~
SECRETARY, ANAHEIM CITY PLANNING COPiMISSZON
ST TE OF CALIFORNIA )
CUUNTY OF OkAt:GE ) ss.
CITY OF ANAHE:M )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foreqoing resolution was passed and
adopted at a meetiny of the Anaheim City Planning Commission helz on April 29,
1985, by the following vote oE the members thereof:
AYF.S: COMMISSIONF.RS: BOUAS, BUSHORF., FRY~ HERBST~ KING~ LA ~LAIRE
MC B~RNEY
NUES: CUPIMISSIUNER5: NUNE
ABSENT: COMMISSIONERS: NONB
IN WITNtS£ WlIEREOF, I havc hereunto set my hand this 29th day of
April, 1585.
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SECRET.4RY~ ANAHEZM CITY PLANN NG COMMISSION
-4- PC85-115