Resolution-PC 98-63RESOLIDTION NO. PC98-63
A RESOLUTION OF TNE ANAHEIM CITY PLANNING COMMISSION
AIVIENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO, PC96-31 ADOPTED IN CONIJECTION WITH
CONDITIONAL USE PERMIT NO. 3823
WHEREAS, on March 4, 1396, the Pianning Commission adopted Resolution No. PC96-31
to approve Conditional Use Permit No. 3823 and permit a sports bar with sales of beer and wine for on-
premises consumption and with waiver of minimum number of parking spaces at 5693 East
Orangethorpe Avenue for a period of two (2) years; and that Condition No. 16 of said resolution
specified that the use shall expire on March 4, 1998; and
WHEREAS, this property is currentiy developed with a commercial center, including
subject use (All American Sports Pub), in the CL (Commercial, Limited) zone; and that the City of
Anaheim General Plan designates this property for Medium Density Residentiai land uses; and
WHEREAS, under authority Code Section 18.03.093, the petitioner has requested that
Planning Commission reinstate this use permit by modification or deletion of Condition No. 16, pertaining
to the two year time limitation, in order to retain the existing sports bar with saies of beer and wine for on-
premises consumption; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on Aprii 27, 1998, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said preposed amendment 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 behalf, and after due consideration of all evidence and reports offered at said hearing, does
find and determine the following facts:
1. That this use is properly one for which a conditional use permit is authorized by Seclion
18.44.050.010 of the Zoning Code.
2. That this use will not adversely affect the adjoining land uses and the growth and development of
the area in which it is proposed to be locatPd.
3. That the size and shape of the site is adequate to allow the full development and maintenance of
the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
4. That the traffic generated by the use has not imposed an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
5. That reinstating this conditional use permit, under the conditions imposed, will r~ot be detrimental
to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That the facts necessary to support each and every required showing for the issuance of this
er~titlement as set forth in Chapter 18.03 exist.
7. That this use permit is being exercised in substantially the same manner and in conformance
with all conditions and stipulations originally approved.
S. That this use permit is being exercised in a manner not detrimental fo the particular area and
surrounding land uses, nor to the public peace, health and safety and generai welfare.
CR3264PL.DOC -1- PC98-63
~. That the reinstatement of this use permit is necessary to permit reasonable operation under the
permit as originally granted because previous violations cited by the Police Department indicate that
continuation of the 4ime limitation is appropriate.
10. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMEN7AL QUALITY ACT FINDING: That the Anaheim City
Pianning Commission has reviewed the proposal and does hereby find that the Negative Deciaration
previousiy approved in connection with Conditional Use Permit No. 3823 is adequate to serve as ihe
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it lias considered the previously approved
Negative Deciaration together with any comments receivsd during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the project wiil have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Condition No. 16 of Resolution No. pC96-31, adopted in connection with Conditional
Use Permit No. 3823, to read as follows:
16. That subject conditional use permit shall be permitted for a period of one (1) year from
the date of this resolut;on, and shall expire on March 4, 1999.
THE FOREGOING RESOLUTIOI~ was a;iopted at the Pianning Commission meeting of
April 27, 1998.
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--~~~.~"" ~ ~~ `~~G,,y.: ,
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/l~ ~Q/u.fzL, ~'6~Ofu~
SECRETARY, Af~14HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Margarita Solorio, Secretary of the Anaheim City Planning Commission, d~~ hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on April 27, 1998, by the following vote of the membe~s thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS; NONE
ABSENT: COMMI~SIONERS: NONE
VACANCY: ONE SEAT VACANT
~~,,~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~r~' day of
l~, 1998.
SEC ETARY, ANAHEIM CITY PLANNING COMMISSION
'2' PC98-63