Resolution-PC 99-219RESOLUTION NO. PC99-219
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4041
UNTIL DECEMBER 39, 20~1,
AND AMENDING CERTAIN CONDITIOI~S OF APPROVAL OF
RESOLUTION NO. PC98-105, ADOPTED THEREWITH
WHEREAS, on July 6, 1998, Resolution No. PC98-105 was adopted by the Planning
Commission tc grant Conditional Use Permit iVo. 4041 and permit the retail sales of beer and wine for on-
premises consumption and 2n amusement arcade with up to 16 amusement devices in an existing 4,800
sq.ft. restaurant at 3010 West Lincoln Avenue; and that Condition No. 22 of said resolution specifies the
following:
"22. That subject use permit shall expire one (1) year from the data of this resolution, on
July 6, 1999 °
WHEREAS, this property is, deveioped wikh a commercial retail center located in the CL
(Commerciai, Limited) zone; that the Anaheim GQneral Plan Land Use Elempnt designates the property
for General Commerciai land uses; and that the property is located within the West Anaheim Commercial
Corridors Redevelopment Project Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which
expired on Juiy 6, 1999, to retain the restaurant (Numero Uno Pizzeria) with retail sale of beer and wine
for on-premises consumption and an amiasement arcade with up to 16 amusement devices.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center fn
the Ciry of Anaheim on December 6, 1999, at 1:30 p.m., notice of said pubiic hearing having been duly
given as required by law and f:~ ~ccordance with lhe provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed amendment and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itseif
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 the use is properly one for which a conditional use permit fs authorized by the Zoning
Code.
2. That reinstating the use will not adversely affect the adjo(ning land uses and the growth and
development of the area in which it is located; ihat the Code Enforcement Division indicated that there
are no outstanding complaints pertaining to this property; and that the Community Development
Department and the Police Department concur with reinstating thfs use permit, subject to the previous
conditions of approval being retained.
3. That the size and shape of the site for the reinstated use is adequate to allow fuli
development of the use in a manner not detrimentai to the particular area nor to the peace, health, safety
and general welfare.
4. That the traffic generated by the re(nstated use will not (mpose an undue burden upon the
streets and highways desigr:ed and improved to carry the traffic (n the area.
5. That reinstating this conditional use oerml:, under the conditfons imposad, will not be
detrimentai to the peace, health, safety and general welfare of the citizens of lhe City of Anaheim.
CR3838PK.DOC -1- PC99-219
6. That the facts necessary to support reinstatement of this conditional use permit still exist, and
this use permit is being exercised in substantially ihe same manner and in conformance with condit(ons
and stipulations originaliy approved and in a manner that is not detrimental to the particular area and
surrounding land uses.
7. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no conespondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to amend Conditional Use Permit No. 4041 to rein~tate
the restaurant with retaii sale of beer and wine for on-premises consumption and an amusement arcade
with up to 16 amusement devices on a rectangulariy-shaped 1.58-acre property located et the sou~hwest
comer of Lincoin Avenue and Beach Boulevard, with fruntages of 260 feet on the south side of Lincoln
Avenue and 260 feet on the west sfde of Beach Boulevard, and further described as 30' 0 West Lincoln
Avenue; and does hereby find that the Neflativo Declaration previously approved in connection with
Conditional Use Permi4 No. 4041 is adequate to serve as the req~ired environmental documentation in
conneclion with this request upon finding that the deciaration reflects the independent judgment of the
fead agency and that it has considered the previousiy approved Negative Declaration together with any
comments received during the public review process and further finding on the basis of the (nitial study
and any comments received that there is no substantial evidence that the project will have a signiftcanE
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Maheim City Planning Commission does
hereby amend Condition No. 22 of Resolutfon No. PC98-105, adopted (n connection with Conditional Use
Permit No. 4041, to read as follows:
22. That subJect use permit shall expfre on December 31, 2001.
AND BE IT FURTHER RESOLVED that the Plann(ng Commission does hereby add the
following new condition of approval to safd resolution:
28. That witt~in a period of seven (7) days from the date of this resolutfon, all non-
conforming signs shall be removed.
THE FOREGOING RESOLUTION was ado ed at the/~I~ning Commiss(on meeting of
December 6, 1999. v/
CHAIRP R TEMPORE
ANAHEI~ ITY PLANNING COMMISSION
ATTEST:
Aa,2~ S~a~ ~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUMN OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Marflarita Solorlo, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meet(ng of the Anaheim City Planning
Commission held on December 6,1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this 3~ day of
~IX~~., 2000.
SECRETARY(,/ANAHEIM CITY PLANNING COMMISSION
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