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Resolution-PC 93-101~ ~ ~ a~,~~^LJTION! NO P 93-101_ A RESOLUTION OF THE ANAHEIM GITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USF PERMIT N0. 363Q ~3E ORANTED WHEREAS, the Anaheim Cfty Planning Commission did recelve a verffled Petltlon tor Conditional Use Permit for cArtaln real properry sftuated in tfio Clry oF Anahelm, Counry of Orenge, State of California, described as: PARCEL MA S,S ECOR S OF SA D OFiANQE COt1 ~ BQOK 47, PAGE 1~ OF WHEREAS, the Cfty Planning Commission did hold a pubilc hoaring at tha C!'~ic Cent~r in the City of Anaheim on September e, 1993 at 1:30 p.m., nutice ot said public hearinp having been duly given as required by law and in accordance with tha provislons oi the Anahelm Municipai Code, Chapter 18.03, to liear and consider evfdence tor and against said proposed condftional use permft and to Inveatigate And make findings and recommendations in cnnnection therewkh; end WHEREAS, sald Commission, after due inspectlon, Investlgatlo~ and atudy made by Itseif and in fts behalf, and aRer due cons~deratlon of all ovidance and reports oNerad at sald hearing, doea Md and determine the following tacts: t. That the proposed use is prope~ly one for which a condRlonal usa permR is aull~orfzed by p emise sa esi a dl consumptionnoftalcoho3 c bever qes ~an exis~ting p5,744 aq.ft ricis auran with waiver of tho following: ,Sg4tions 18 06 Q 0 0 1• ,mjpJ..rr~y.m n~ ber of oArklna soaces. t8.0 •084 (~6 c+n•s e sc~ces_ required by Code; and t B 44 066•05~ 473 s~aces proposod (111 on•site and 385 oH-sltej) 2. That the parking va~lance wiil not cause an fncrease In traffic congostion in !h~ Immedlate vicinity nor adversety aHect any adjo(ning Iand uses; 3. Thst the granting of the parking variance under the condftions lmposed wil! not be detrimonta~ to the peace, health, sa(ety or general welfare ot the cftizens of the Ciry o( Anaheim; the Zoning Code aend 3hatra poret on of isaid u~se fs~nottllated ithe elnoasft~nag ase~~~~~ ~e8 horized by 5. That tha proposed use is a famflyorierrted rocreatlonai and eoc~al activiry whoily contained fnside a buildfny designed end o~i9~naliy fntended tot dlning, onteRainrnent and similar social acttvlties; 8. Thgt Police OepeRrtsent staH f~as revlewed subJect ra4uest end their recommendetions have besn incorporated trno the conditions of epprovat; 7. That the prnposed use, es condRioned herefn, wpl n~t adv~~sely aNect the edJolnfng tand uses and the qrowth end development of !he srea In which R Is proposed to be lacatod end that Bub~act facAky haa been operatinq as a'd(nner dance' tacliity, provfding dancfnfl end enteRalnmont without an admission fee, without detriment to the surroundiny eree; .~. PG~3-101 CR 1883MS.wp I ~ i ~ ;~, ; . y , l, ,~y~ ~ 8. That the ~ize and shape of the sfte for the proposed use la adEquate ta alinw the full development of the proposed use In a manner not detrfinental to the part~cular area nor tA the peace, heAlth, safety and general welfare; 9. That the traHic generated by the proposed uso wllt not impose an undue burden upon the streets and hlghways des(gned and improved to carry, the tr~ffic In the area; 10. That the granting of the conditiona' use permit under the condklons imposed will not be detrimental to the peace, heolth, safety and ganer~l welfare of the citizens of the Cfry of Anaheim; and 11. That no one Indlcated their ~resence at Rald public hearing In oppositlon; and that no correspondence was rscolved in oppositfon to the subject petition. GAUFORNIA ENy~p^"'""~NTAI. Q ALITY ACT FIN[~I~lG: That the Anahsim Ciry Plannfng Commission has revlewecl the proposal to pennit e publfc dance hall wfth on•premlae salos and consumptian af ~Icoholic beveragea In conjunct(on witti an existing 15,744 sq.ft restaurant wkh waiver of minimum number af parking spaces on a rectangularly-shapad parcel of land consisting of apprc+~cimately 1.3 acres located at the southeast comer of Almont Avenue and State College Bouievard, having appmxlmate frantages of 189 feat on the south side of Almont Avenue and 240 feet on the oast side of State Collepe 6outevard, and further doscribed as 1168 South Stato Collega Bo~~levard (EI Vaquaro Famlly Restaurant); and does hereby approve the NegatNe Declaration upun finding that the deolaretlon reflecta the Independent Judgement of the lead agency and that It has considered the Negatlve Declaratlon together with any commente recoived during the pubtic revl~n- process and further ffnding on the basls of the Initial study and any comments recefved that there fs no substantiai evidence that the proJect will have a significant eNect on the environment. NOW, THEREFORE, E3E IT RESOLVED that the Anahelm Ciry Plannfng Com~nis~lon does hereby grent subJect Petitlon for Conditlonal Use Permlt, upon the following conditions which aro h~reby Taund to be a nocessary prerequlsite !o the proposed use ot the subject property In order to prese~ve the safety and general weltare af the Citizens o( the City of Anaheim: 1. That subJect cor.ditionai use permit fa hereby grented ior a perfod of one (1) year untll 5eptember 8, 1994• This condRion may be amended or deleted upon requost by the petkloner In conjunction wfth a publia hearing. 2. That tood servfce (ncluding meals shall be avallable untll closinp time on each day of operation. 3. That the alcoholic beverage Ilcense shall not be exchangod for a Public Prsmises type Ilcense nor shall the busfnPSS be oporated as a public premis9s. 4. That the sale of alcoholic beveragos for consumptlon oH the premises is prohlbited. S. That the quarteriy gross sales oi alcoholic beverages shall not exceed the gross sales of foai or other commodfties durfng the same perlod. 6. That ente~tafnment provided shatt not be audiblo beyond the a-~a undor the contrd of the businass at any time. 7. That tho exterlor doors ahall be kept closad at all times during the operetfon of the premiaes e~ccept In cc-ses of emergenay and to permlt deliveries. ,2. PC93•101 :y; ~~ :r .,,.~M"''~:, ~{ ~' ~ ~ f 8. That at any time entertalnment and/or dancing Is provlded on the pramises, the ap~licant shall i~ provfde unHormed security guards ({iconsed and bonded) in the parking lot to maintaln ordor thereln and to prevent any activities which would Interfere with tlie qulet enjoyment by nearby residents of ~ their property. ~ 9. That thoi~ shall be n~ exterior advertis(ng of eny kind or type, fncluding advertising directed to tho ! exterior irom wfthin, promotfng or indiceting the availabiliry ot alcoholic bevereges. ~ 10. That trash storage areas shall bo refurbished to the satlsfactlon of the Department oi Malnienance to compiy wfth approved pians on file with 3ald Department. ' I 11, That a plen shont for solid waste storage and collectlon, and a plan for reoyciing shall be submitted to the Department cf Malntenarsae E~r revlew and approval. 12. That plans shall be submitted to the Ciry TraHic and Transportation Maneger for his revlew and approval showfng confarmance with the tatest revislons of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards end drivewey locations. SubJect properry sl~all thereupon be deveiopod and malntalnad In conformanca wfth said p~an~. In addftion, tFiose areas of the parking lot which are cracked and/or inadequately striped, shall be rasurtaced and rAatriped to the satfstaction of the TraHic and Transport~tion Menager. 13. That the ~riveways an State College Boulevard shall be recanatructed to accommodate ten (10) ioot radtus curb returns fn coniormance wfth Enginoering Depertment Standards. 14. That prlo- to commencement of the public danco hall activkies, the portion of tha block wall locatsd alc+ng tha north property Iine which is deterioratad, broken and/or mis~ing masonry blocks shall be repaired. 15. That subJect property shall be d~veloped substantlally in accordance with pla~s and specHlcationa submmed to the City of Anahefm by the petftioner and wh(ch plan~ are on filo wfth the Planning DapaRment marked Exhibit Nos, 1 tfirough 4. 16. That within a poriod of ono (1) year irom the date of this resoiution, additlona) lendsceping consisting of m(n(mum fikeon (15) gallon trees planted on mexfmum twenry (2C) foot cer,ters sheil be Installsd in the parkway on State College Boulevard, (ollowing review and approval by the Parks, Rocreation and Community Services DepaKment. 17. Thet prfor to commencement af the aotiviry authorlxed by th(s resolution or wkhin a poriod of one (t) year trorn the date of thia resolutfon, whlchever cccura ffrst, CondRlon Nos. 10, 11, 14 and 15, abov~•mentioned, ahall be complied with. Fadensions for tuKher time to complete sald conditions may be granted in accordance wfth Section 18.03.090 of the Anaheim Municfpal Code. 18. That within a perfod of one (t) year irom the date of this resolution, Condition Nos, 12, 13 and 16, ebove•mont~aned, shall be complfed wfth. Extensfons for tu~ther tfine to complete said conditions may be Ora~tAd In accordance wfth Sectfon 18.03.OE0 of the Anahefm Municfpal Code. 19. That approval of this epplication constftutes approvat of the proposed requeat only to the e~ent that it complfes with the Anaheim Municfpaf Zoning Code and any other appilcable City, State and Fsdsral regu'3tions. Approval does n~t includo any actfon or ifndfngs as to compltance or approvai of the -Rquest regarding any other applfcable ordlnance, regulation or requ(rement. ~ ~'~,, ~- P J93-101 ~1 BE IT FURTHER RESOLVED that the Anahelm Ciry Planning Commisslon does hereby find and determine thpt adoption of thia Reaoiutlon is expressly predicated upon applioant's complfance wkh ear,h and all of the conditions herelnabove sot forth. Should any such condltlon, or any paR thereof, be declared Invalid or unenforceable by the final judgment of any court of competent Jurisdictlon, then thls Resolutlar~, and any approvals herein containod, Ehall be deemed null and vold. 'TH~ FONEGOING RESOLUTION wes adaptod at the Planning Commisslon meeting of Septamber 8, 1993. ~ ~ ~ NAH I CITY PLAN NG CAMMISSI01~ CWAIRMAN l4 A7TEST: ~ i .r , S RETARY, ~~ IM CITY~PLANNINQ COMMISSIOiV ~~ STATE OF CALIFORNIA ) COUNTY OF ORAN(3E ) ss. CI7Y OF ANAHEIM ) I, Edith L. Harris, Secretary of tha Aneh~im Ciry Planr~ing Commlaslon, do hereby certlfy that the toregoing resolut(on was passed and adopted at a maeting of the Anaheim Ciry Planning Comm(sslon hald on Septomher 0, ~993, by the following v~~'e ot the members thereof: AYES: COMMISSIONERS: BOYDSTUN, CALDWELL, HENNINOEr~, MAYER, MEBSE, PERAZA NOES: COMMISSIQNEfi3: NON~ ABSENT: COMMISSlONERS: TAIT IN VNITN~SS WHEREOF, I have hereunto set my hand this '~~, dey of ~7~~"Y /~~_~ 1993. ~ ~ .c .~- . RETARY, ANA~i CITY PUINNING COMMISSION %~ i ~. / <./ ,';4~ ~,r~ ~S. ,4. PC93•1 Ot