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Resolution-PC 93-42~ ~ A NUNC PRO TUNC RESOLUTION OF THE ANAHEIM CITY PU'JJNINQ COMIWISSION AMENDINQ RCSOLUTION N0. PC92•93 aRANT~D IN CONJUNCI'ION WITH CONDITIONAL USE PERMIT N0. 352~ WHEREAS, the Anaheim Cfty Plannfng Commission granted Condlttonal Use Permit No. 3529 by Fiesolutiqn No. PC92•93 on July 27, 1992, to permit a sports theater without alcohnl (the potitioners request was for a sports bar with on-premise sala ~nd consumption of beer and wlne) wlth waNer of tho m(nimum number of park(ng spacoa on property located on ttio east eide of State College Boulevard approxfmately 200 feet south of the centerllne of Ball Road and further dsscribed es 1210 Snuth State College BoulevarcJ, Unit C; and WHERFJ~S, Paregrnph No. 1 on pspe 1 of Resotutton Nn. PC92-93 atetes that a waiver was granted for minimum number oi parking spaces (1,618 requlrod; 549 existing) per the tollowinp Code Sections: , 18.06.050.0212 (OHfCes) 18.08.050.0235 (8ars/Cxktail Lounges) 18.06.OS0.022 (Retall) 18.08.050.0261 (8usinesa 8chool) 18.06.050.0231 (Enclosed kestaurants) 18.Q8.080 (Gener~l) 18.08.050.0233 (Fast Food Restaurants) 18.44.068.050 (Generaf) WhlEREAS, Paragraph No. 4. on page 1 of Resolutlon No. PC92•93 atatea: "4. That the proposed on•sale beer end wfno Is hereby denfed on the basls tl~at there Is an excess of E~kfuting Ilcensed liquor establlahments Involvinp both on• and oH•sale Iiquor In the surroundfnp araa tncludlnQ othar establlahments In the commerclal canter in which the pmposel Is located' WHEREAS, Paragraph No. 5 on pa~e 1 of Re~o~utlon No. PC92•93 states: "5. That thA proposed use, es qranted for a aporte theater with tood service but wlthout tha sale ot alcohollc beverages, is properly one tor wh(ch a conditlonal use permft is authorized by the Zoning Code, or that satd use 1s not Ifsted thereln es being a permitted use;" WHEREA3, Conditlon No. 6 on paee 3 af Resolution No. PC92•93 states: "6. That subject property shell be deveinped substantlally in accordance with pisns and specl0catfons submftted to the Ciry of Anahelm by the potitfoner and which plans are on tile wlth the Plannfng DepaKment marked Exhibit Nos. 1 and 2; WHEREA3, C~ndRion No. 8 on paye 3 of Rosolution No.. PC92•93 atetes: i ~,~„ '8. That thera ahall be no on-premises cansumptlon or sale of beer, wtne and/ar other }`~"`° atcoholfc bsverayes.' WHEREA3, on February 22, 1993, the Plannlnfl Commissian, after conslderinp and contfnuing C~ndlttonal Use Permit f~o. 3588 (to pom~it a cabaret wfthin an oxlstinp spoKs theater with welver of minimum number of parklnp epaces), requested ataff to echedula this Condftlonal Use PormR No. 35~ tor d(acusslon/Intorpret~tion relative ~o tho cat~orizfnp of tho approved use for perkfnfl ~urposos; and CR1770MS.wp -1- PC83~{2 f1°'~'` 6,'`~ WHEREAS, the Anaheim City Planning conslderad the aforamentioned matter as a Report~ and Recommendations item at their March 22, 1993 Planning Commission meeting, and after due Inspectlon, fnvestigatlon and study made by Itself and in fts behalf, and atter due consideratlon ot all ev(dence and reporls offered does hereby ilnd and determine the following facts: 1. That Planning ~ommisslon Rosalution No. PC92•83 approved a spons theater with tood service and prohlbfted on-premise consumptlon of beer, wino and/or other alcoholic beverages tor subJect petitlon. 2. That based upon tha Code sections cited In Resolutlon No. PC92-93 and the parking analysis for the integrated commercial centor Included in the staff report, the sports theater with food aervice use was approved wlth parkln~ standArds for bar and cocktall tounge standards (17 parking spaaes per 1000 square feet of gross floor area) althougli the approval allowed a sports thoater only, without alcoho~. NOW THEREFORE, BE IT RESOLVED, that the Anahelm City Plenning Commisslon doos hereby determine th~t the correct parking Code section and parking requlrement for the approved aports theater with food service is thirty five (35) spaces based on the followfng: 18.08.050.02b9 Tlieaters: 0.4 space per soat plus 0.8 space per employee THE FOREGOING RESOLUTION was edopted at the Pianning Commiss~on meeting ot Marcl: 22, 1993. S/~~-, ,, , ,l~ ~ CHAIRMAN Fr~O- ~MPOR ANAHEIM CITY PLANNINO COMMISSION ATfFST• ~~~ . SEC~ETA~Y, ANAHEIM CIT`, LANNING C~MMI$SI~N STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L Harrls, Secretary of the Anahelm City Plannlne Commisalon, do hereby certNy that the forogoing resolutlon was passed and adopted at a meAting of the Anahetm City Plannfn~ Commtsslon held on March 22, 1993, by the tollowing vote of tha members thereot: AYES: COMMISSIONERB: BOYQSTUN, CALD'NELL, MAYER, MESSE, PERAZA NOES: COMMISSIONEFiS: NONE ABSENT: COMMISSIONERS: HENNINCiER ABS7AINED: COIWMISSIONERS: TAIT IN WITNESS WHEREOF, I have hereunto sot my hand thls 3~day Qf , 1993. SECR ~1RY, ANAHEI6! ~ITY P NNlNQ COMMISSION ,x. ~,~~. .2. PC93~42