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Resolution-PC 92-36A RESC~~.UTIUN (.~F THE ANAHEIM C1TY PLANNING COMMISSION 'TI-IAT k'ETITIQN FOR CONDITIQNAL U5E PERMIT NO. 3507 ~E DENIED WHEREAS, the Anaheim City Planriing Commissian did receive a verified Petition for Conditiontil Use Permit for certain real property sftuated in the City of Anaheim, County of Urange, State of California, described as: THAT PORTION OF ']:'HE SOUTHWEST QUAR'T~R OF THE N~?RTHWEST QtJAR.'l'ER OF SEC'I'ION 23, TOWNSHIP 4 SOUTH, RANG~ 10 WEiST, IN THE RANCHO SAN JY.JAN CAJON DE SAIVTA AN A, AS SHOWN ON A MAP RECORDED IN BOOK S 1, PAG~ 10 OF MISCLLLANEOUS MAPS, IN T'HE OFFICE Or T~iE ~OUNTY RE~GRDEI~ OF SAID COUNTY, DESCRIBED E1.S FOLLOWS: BEGINNING AT TH~ INTERSECTION OF TH~ CENTER L.INE OF CERRIT~S STFtFET AND THE CENT'ER LINE OF U. S. H~GI-~TWAY 101 (LUS ANGELE5 STRCET), AS SAID INTERSECTION IS SHOWN ON A MAP FII.ED IN Ii00K 35, PAGE 34 OF RECORD OF SLIRVCYS IN 'CHE OFFICE Or T'HE COUNTY RECORDER OF SAII~ COUN'I'`', 'THENCE NORTH 6° 55' 00" WEST 221.61 .E`E~T; T'H~NCC EAST 300.37 FFET, PAFtALLCL WI'I'H THE CENTER LINE c~P CERRITOS STREET; TH~NCE SOUTH 220.00 FEET TO THE CENTER LINE OF CERd~ITOS S1'REET; THENCI: W FST 273.G8 FEET A.LONG SAID CCNTER LINE TO THE POIN'a' UF BEGINNING. EXCEPT 'fHAT POR'I'YON THEREOF LYING WESTERLY OF THE FO~.LOWING DESGRIBED LIIvE: BEGINNiNG AT TH~ INT~RSECTION OF THE NORTHEASTEitLY LINE OF THAT CERTAItl S'~'RIP OP I.AND 60.00 FEET IN WIDTH, DESCRIBCU IN 'fHE DEED 'CO THE STA'I'E OP CALiFC~RN1.4, FZECORDED 3UT~Y 1Q 191h IN BOUK 258, PAGE G6 OF DEEDS, 'WITH THE CENTCK LINE OF SAID CERRITOS AVENUE; SAiD INTERSECI'ION BEING ON A CURVE CONCAVE WES'I'ERLY, F~AVING A RADIU5 OF 630.00 FEC'I'; Tf•IENCE NORTHERLY ALONG S~JD CURVE 1'O A LINE PARALLEL V~lITf-i AND N0~2TI-I~RLY 20.~A FI:ET FROM TH~ CENTER LINF OF SA.ID CERRITOS AVENUE, A RADIAL CR145S1~4S.WP -1. PC92-36 LINE THROUGH SAID POINT BEARS NORTH 82° 54' 41" ~AST; T'rI~NCE CONTIN~[JING ALONG SAJD CURVE, 50.81 FEET TI-~RO~JGH A CEN'TRAL ANGLE OF 4° 37' 14" TO THL~ SOUTHERLY COI2NER OF LAND DESCRII3ED IN THE DEED TO T~IE STAT'E OF CALiFORNIA, RECORDED APRIL 13, 1929 LN BOOK 257, PAGE 4G2 OF UFrICIAL RECORDS; T~-IEiJCB NORTI-i 6° SS' 00" V1~ST ALONG THE EASTERLY iINE OF SAID LAND OF 'i'HE STATE Or CALIFORNIA, TO TH~ NOitTHERLY LINE t~F SAID I.AND ABOVE DESCRIT3ED. WHER~AS, the City Pl~tnning Cornmission did hold a public nearing at the Giti-ic Center in the City of Anaheim on hlarch 23, 19'~2 at 1:30 p.m., notice of said public hearing having been duly given as i'equired by law and in accordance with the provisiuns o~ the Anaheim Municipal Code, Chapter 18.03, ro hear and consider evidence for and lgainst said proposed conditianal use permit a~id to investigate and make findings and recommendatiens in connection therewith; and V~-HEREAS, sz,id Commission, af.ter due inspection, investigation arid study made '~;~ itself and in its behalf, and af.ter due con.sidcration of all evidence ancl reports offerec, iit said h~aring, does find and determine the following facts: 1. 'I'hat the proposed use is properly one for which a condit.ional use permit is authorized by Anal~cim Municipal Code Section 18.44.050.010 to perniit the on- premise sale ~nd consumption of alcor7lic beverages in conjunction with a cocktail lounge wiih limited food service and live entertainment (bikini dancers), and with waiver of the followin6: 5ection 18.Q{~.060.010 - R~quir~~ number and si~gof t-ack j~ ~tdin 1$.QS.~4$4 .sR.~T• ,~~I 18.44.066.070 (~, required; ~1?~ proposed) 2. 'I'hat there are n4 sp~~ial circumstancss applicable to the property such as sir.e, shape, topogr~phy, location or surroundings, wrhich do not apply to other identically zoned praperties in the vicinity; 3. That strict application of the 7oning Code daes not deprive tlte prop~rly of privilcoes enjoyed by other properties under identical zoning classific~tion in the vicinity; 4. That the proposed use is properly one f~r which a Conditional Use Permit is authorized by the 'Loning Code; _2_ PC92-36 S. That the propo~cd use will advcrsely affect the adjoirung las~d uses and the growth und development ot the urea in which it is prc~posed to be located because the general area surroundin~ th~~ northeast corner of Cerritos Avenue and Anaheim Boulevard i~ undergoing a transition from indu.strial to commercial land uses; and because of the nature and intensity of othe;r recently-appraved commercial uses in the area (i.e. indoor swap meet, billiards center and a single room occupancy hotel), there may be stn adverse cumulative im}~act on the imrnediate area over a long term period; and that facilities where ~icoholic beverages ;~re served in conjunction with live entertainment and/or billiard ~enters have thc potentiul to cause additional expenditures uf local resources related to crime prevention; 6. That thc ~iae and shape ~f the site for the proposed use is not adequate to allow the full deveiapment of the proposed use in a manner not detrimentai to the particular area nor i~ thP peace, hP11tn, safery, and general welfare; 7. That the traf~c gencrated by the propo~ed use wiU impose an unclue burden upon the streets ~nd highv.~ays .;esigned and improved to carry the traffic in the area; 8. That the granting of the Conditional Use P~rmit will be detrimental to the peace, health, safety and general welfare of thc citizens of thc Ci:y of AnsihPim; and 9, That sur (6) people indicated their prpsencP at said pu~lic hearing in opposition; and thlt no correspondencP was receiveJ in oppositior. to the subject petition. ,~ _t~ RN'A CNVIRONIVLENTAL OUALI'~Y ACC~NG' i nat the Anaheim City ?lanning Comrr~i~.sion has reviewed the ptoposal to ~ermit the on-premise sale and consumption of Alcoholic beveragcs in conjunction with a cocktail lounge with limitcd food serv~~c and !i ~e entertainment (bikir.i dancers), and with waiver of tequired number ~nd sixe of truck loading space~ on an irrsg~ilariy-shap,d parcel of land consisting of approximately 0.95 a~rc :ocatcd at thc northeas: rorner of Ccrritos Avenue and Anahcim Boulcvard, having approximate frontages of 247 feet on the no~ti~ side of Cerritos Avenuc and 175 fect ~n the c:~t sidc of Anahcim Boulevarcl, ~-r~d further dPscribP~ as 1490 Suuth Anaheim F3~uleward; und dnes hereby appruvc the Ncgative Dcclaration upon finding that thc dcclarntion reflects the indepcndcnt judgcment of the lead agency and that it hs~ considcrcd the Negative Dec:aration tngethcr with any commtnts received during thc public review prcke~.~ and furlher finding on thc b:ixis ~f the initial StUdy and any comm~n~g rece~ved that there is no substantial evidence that the project will have a significant effect on thc cnviromncnt. -3- PC9"?.-3G NOW, THEREFOkE, HE I'T RESOLVED that the Anat~eirn Ciry Planning Commissi~n docs herebv deny subject Petition for ronc;~tioital Use Permit, on t~ie basis of the af~rementioned ~ndings. 'TIiE FOREGOING RFSO[.U'~'ION was adopted at the Plunning Ca~tmission meeting of March 23, 1992. ~ ~. .,,~t.. .?~' CF N, ANAkIEINI C P l+?I . CUMMISSION ATI'EST: r /'G~ -- fiErltG''AF , AHEIM CIT'Y PLANNING COMMISSION STATE OF CALIFORhIA ) COUN'TY OF ORANGE ) ss. CI'I'Y OF ANAHEIM ) I, Margarita S~,torio, Secretary of the Anaheim City Planning Commission, -Jo hereby certi~ th~t the foregoing resolution was passcd and adopte~ at a meeting of the Anaheim City Planning Commission held on March 2.3, 1992, by the following vote of the members thcreof: AYES: COMMiSSiONGRS: BAUAS. BRI`"POL, HELI..Yf:R, NENNfNGER, MESSE PERA7A 1VOCS: COMM6S:5IONIERS: NONF ARSENT: COMMISSIONERS: MESSE IN WITi~IESS WNEREOF,1 have hercunto set my hand this 6~~ day of , 1992. ~ ~~_~~z ~c`"~ ~Sb~o~c..~ __ SECRETARY, N 1M CITY YLANNING LUMMISSIUN ..~_ ~C42-36