Resolution-PC 99-87RESOLUTION NO. PC99-87
A RESQLU710N OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3823, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC96-31,
AS AMENDED BY RESOLUTION NO. PC98-63, ADOPTED THEREWI7H
WHEREAS, on March 4, 1996, Resolution No. PC96-31 was adopted by the Anaheim City
Planning Commission to approve Conditional Use Permit No. 3823 and permit a sports bar with the sale
of beer and wine for on-premises consumption and with waiver of minimum number of parking spaces at
5693 East Orangethorpe Avenue for a pzriod of two years; and that condition No. 16 of said resoiution
specified that the use shall expire on March 5, 1998; and
WHEREAS, on April 27, 1998, Resolution No. PC98-63 was adopted by the Planning
Commission to amend Condition No. 16 of Resolution No. PC96-31 to read as foilows:
16. That subJect use permit shall be permitted for a period of one (1) year from the date
of this resolution, and shall expire on March 4, 1999.
WHEREAS, this property is developed with a commercial center, including subject
corditional use (All American Sports Pub), located in the CL (Commercial, Limited) zone; and that the
Anahei~n General Plan des~~qnates this property for Medium Density Residential land uses; and
WHEREAS, the petifioner has requ~sted, pursuant to Code Section 18.03.093 of the
Anaheim Municipal Code, that this conditional use permit be reinstated by the modification of Condition
No. 16 in order to retain the existing sports bar with sales 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 May 24, 1999, at 1:30 p.m., notice of said public hearing having been duly given
as required by lavr and in accordance with the 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
flndings and recommendations in connection therewith; anci
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in it~ behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Section 18.44.050.010 of the Anaheim Municipal Code.
2. That the size and shape of the site for the reinstated use is adequate to ailow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
3. That the traffic generated by the reinstated use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
4. 7hat reinstating this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, heaith, safety and general weifare of the citizens of the City of Anaheim.
5. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commiss(~n.
CR3643PK.DOC -1- PC99-87
6. That the bus(ness operator anticipates that this property will be acquired by Cai Trans for
future overpass construction of Imperial Highway, as discussed in paragraphs (6), (7) and (8) of tho Staff
Report to the Pianning Commission dated May 24, 1995, Item No. 7.
7. That amending Condition No. 16 to reinstate the use for additionsl period of time wiil not
adversely affect the adjoining land uses and the growth and development of the area in wis;:n it is located
because no changes have occurred to the approved use which contradict the original findings for
approval.
8. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nar to the public peace, health, safety and generai welfare;
and that Code Enforcement staff has indicated there are no aending violations for this property and Police
Department staff has concurred with reinstatement for up to two years.
9. That no one indicated their presence at the pub~ic hearing in opposition to th~ proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; That the Anaheim City
Planning Commission has reviewed the proposal to retain the existing sports bar with the saie of beer and
wine for on-premises consumption and with waiver of minimum number of parF:ing spaces on a irregularly-
shaped, 1.9-acre property located at the northwest corner of Orangethorpe AvEnue and Imperial Highway,
wi!h frontages of 304 feet on the north side of Orangethorpe Avenue and 240 feet on the west side of
Imperial Highway, and further described as 5693 East Orangethorpe Avenue (All American Sports Pub);
and does hereby find that the Negative Deciaration previously approved (n connection with Conditi~nai
Use Permit No. 3823 is adequate to serve as the required environmental documentation in connection
with this request upon finding that the declaration reFlects the fndependen: judgment of the lead agency
and that it has considered the previously approved Negative Dec!aration together with any comments
received during the public review process and furt.her finding on the basis of the initial study and ariy
comments received that there is no substantial evidence that the project will have a significant ~ffect on
the environment.
NOW, 'T'HEREFORE, BE 17 RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC96-31, as amended by Resolution No. PC98-63 and adopted in
connection with Condiiional Use Permit No. 3823, to reinstate this conr+'.tional use permit and to amend
Condition No. 16 therein to read as follows:
16. That subject use permit shall pire March , 1.
THE FOREGOING RESOLUTI a ado d at nn(ng Commission meeting of
May 24, 1999.
-~:
CHAIRPER N, AN IM CITI' PLANNING COMMISSION
ATTEST:
%~~~~ ~a~,e~.~
SFCRETARY, AHEIM CITY PLANNING COMMfSSION
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; ~.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 24, 1999, by the following vote of tt;e members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this ~~Sf day of
__~, 1999.
/~~i.U~ ~'~~i~ ~OtO/eC(1-~
SECRETARY, AN EIM C1TY PLANNING COMMISSION
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