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Resolution-PC 94-162RESA~I iTION NO. PC94-162 A RESOLUTION OF THE HNAHEIM CITY PLANNING COMMISSION AMENADpP ED N ICONNECTION WIOTH COND T ONAL U~SEOPERMIT N0. 3642 _118 WHEREAS, on Noverrcbor 1, 19J3 the Anaheim City Plann(ng Commisslon approved Conditional Uso Permit No. 3fi42 under Rosolution No. PC93-118 to r9tain a rastaurant and nightclub expansion including a public dance tiall with on-premise sale and consumptlon uf alcoholic beverape~ with waiver af minimum number of parking spaces on property locc~ted north and east of the northeast cornor of Ln P~Ima Avenue and State Callege Boulevard and furthor described as 10ti6 ~'orth State Ccllega Boulevard (J.C. Fandango RestAUrant/Nightclub); and WHEREAS, said Resolutfun Na. PC93•118 includes the followfng condit(ons of approv~l: 4. That subject petition is horeby grantod for a per~ocl of one (t) year trom the date of this resolution. This time limitation may oe deloted or mod!fied at the request o~ tha pQtitioner in conjunctinn with a~uture publfc hearing. s. m. Tho restaurant expansion sliall only be utlllzod and oifer ontortainment and/or dancing on Friday, Saturday and Sunday ni~hts irom 6 p.m. to 2 a.m. That no Nyers, handbills or o!hor advort:~ing d(splays shall be posted on public property (such as utility poles or utility boxe•;) advert(sing subject establishment or any activities thorein. WfiEREAS, the petitioner has rRquested to amer~d said condittona of approval to retain tho restaur~nt and nightclub expansfon fncluding a public danee hall with on•promiae salo and consumption of alcoholic beverages. WHEFlEAS, the City Planning Cnmmis3lon did lidd a puW~c het+ring at the Civic Center In the City of Anahefm on Docomber 12, 1994, at 1:30 p.m., notice ot said public ~iet~ring haviny boen duly givan as requirecf by law and in nccoNance wfth the provistons of tha Anahefm Municipal Code, Chapter 18.03, to hear and consider evfdence lor and against said prapc~sed Rmendmont and to invastipate and make tinJings and recommendations In connectlon tharewith; and WliERF_AS, said ~ommission, aftor duo inapecifon, investi{~ation and study made by itself and in hs b~half, and eftor due consfderaUon of alt evfdence and reports oHeren at said hearing, does find and determine the following (acts: t, That tha existing use is being exerclseci in a manner whir,h Is not dQtrimental to the particular area or tho surrouncfinc~ land usss, nor t4 the pubiic peace, heaith, safety and qenoral w~llare; 2, 1'hat c~merxfing Cor~ditiun Nos. 4 and 7, pertalning to a'.-yepr ttme limitatfon and posting ol advertising on publfc property, is roasonaNy necessary to protect the puWic peaco, heaith, sUfety or genc~rnl wei(aro; 3. That nmencling Condhion No. 6.m, pertafntng to thA hours of nporatlon, fs neceasary to pormit raasunable operatfon ot ~ub~ect corxlitional uso permh as grantad; and 4. That no one Indicntcxl thelr presenco at said puWfr. heorinfl in opposit(on; anc that no correspondQnco was rrceived In opposdfon to thti sub~er,t petitton. ~ PG~-t62 Cti2261 MS.WP 'A IFORNIA ENVIRONMENT/1L ~UALITY, A~"T FINDING; That the Araheim Cfty Plenning Commissfon iias reviewed the proposal and dot~s hereby find that the Negative Declaration previously approved In connection with Conditfonal Uso Permit No. 3Cr12 is ndequate to serve as the required env(ronmentpl documentation in connectlon w~ith this requost upon finding that the d9claratlon reflects the fndependent judgemont of the lead agenr,y and thAt R t~as oonsidered the Negative Declaratlon togethar wfth any comments received during the publlc review proceas and turther finding on the basls of the Initlal study ancl any c~mments rocefveci that there is no substantiai evidence that the proJect will have ~t sign!ficant eNect on the environment. NOW, THEREFORE, BE IT RESOWEU that the Anahefm City Planning Commission doeg hereby amend Condition Nos. 4, 6m., ~nci 7 of Resolution No. PC93-118 to read as fo!lows: d. The suh~ect conditional use perrrid is hereby g~~anted for a perlod ~f one (1) year to expire on November 1, 1?95. ~. m. The restaurant expansion shail he utilizod 1or entertainment/dancfng In accordance with the following Iimitati~n: Monday throuc~h SunJay 10 a.m. to 2 a.m. 7. That no ftyers, P~andbills or other advertising dleplays shall be postod on public nroperty (such as utility poles or utility boxos) ~+dvertising subJoct establishment or any activitios thorein. The businoss owner shall reimburse the Code Entorcement Dlvision tor any costs essociated wfth the removel of such handbllls in tl~e City of Ar~aheim, THG FOREGOING RESALUTION wus adopted at the Planning Commisslon meeting of December 12, 1994. /-,/ ) ~~~ .~ c~d~ HAIRW MAN, ANAHCIM CI PLANNING COMnAISSION ATTEST• /~ ~~. ,~,;~ SECRETARY, ANAHEIM CITY PIANNING COMMISSION STAI'E OF CALIFORNIA ) C~llNTY OF OHANGE ) s~. CITY qF ANAHEIM ) 1, Edith L. Horrls, Secretary ~t the Anahelm Clty Plsnnfng Cummisslon, do hereby certlfy that tho Iore~oing resolutlon was passed arxl adopted nt e mooting of the Anahelm City Planning Commisafon held on December 12, 1994, by the following vote of the mombers ihereof: AYES: CU1dMIS31dNER.~'i: BOYDSTUN, CALDWELL, HENNINGER, MAYER, MESSE, PERAZA, TAIT NOES: COMMISSIONEHS: NONE ABSENT: COMNISSIONERS: NONE IN WlTNESS WHEREOF, I hava hereuntp ac~t my hand thls ~~_ day o~ ~ , 1995• • _'f~. ~ , ...~ SECRETAfi , AMAHE~M ClTY PLA NG COMMISSION -2• PCS4-182