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Resolution-PC 96-101~ ~ oceni i rrir>N NO P 101 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC80-92, ADOPTED IN COtJNECTION WITH CONDITIONAL USE PERMIT NO. 2090 WHEREAS, on June 2,198~, the Anaheim City Plann(ng Commissfon adopted Resolution No. Resolution No. PC80-92 to approve Condnional Use Permit No.2C90 pemiittfr`9 a public dance ha~l in conjunction wfth a restaurs~nt for a period of o~e (1) Yea~ o~ P~OP~~'h~ 0O^~~~~ng of approximately 0.9 acre, having a frontage of approx~matolY 175 feet on the east side of Kraemer Boulevard, having a maximum depth of approximately 216 feet, being located approximateiy 242 feet south oF the ceMerline of Coronado Street, and further desc~ibed es 1~60 Ncxth Kraemer Boulevard; and thst nfne subsequent excensions of 1i34 a V PC95-6~ and~ ~ thellatest extensi a~cpiring~on August 27~, 1g37~ aC85-179~ PC87-155~ PC91- WHEREAS, on September 4,1996~ the Planning Commission directed that subject conditiaial t e provisions of Sections~18.03.091 and~18.03.0~9 ~ette AnaF-ei Mu icipal Code nandr~~ ~~rn to WHEREAS, tl~e Ciry Planning Commission did hc,ld a publ~ heartng at the CN!c C~nter in the City of Anaheim on September 30~ 1996, at 1~30 p.m., notfCe of said publ~ haaring haviny been duly given as required by law end in accordance wfth zhe provisior~s °f the ~~ ~~~~~ ~ o andtto 18.03, to hear and consklor evidence tor and agalnst safd ProPosed irnestigate and make findings and recommendatbr . In connect~on therewith. WHEREAS, sak: Commission, atter due inspection, Im~estigatlon and studY made by icself arxlln fts behalf, and atter d~e consideratbn of all evidence and rep:xts oNered at said hearing, does flnd and detoRnine the fdlowfng facts: 1. That on September 12, 1995, Spec~ic Plan No. 94-t was adopted, placing subject property in Deveiopment Area 3'La Palma Core' of the 'Northeast Area 5pec~ic Plan'; 2. That subject properry is developed wftr an approximately 5,400 sq•fc. restaurant/pubiic dancc ha~l (Bobby's Shack) with on-premises sale and consumPt~o^ d a~~°h°~~c beverages and ifve entertatnment; 3. That subject use permit is be~ng, or recently has been, exero~sed contrary to the terms or condftio~s of lts approval~ or in violation of certatn statutes, ordlnances~ lawo or regulailons (Section 18.03.092.040 of the Anaheim Mun~ipal Code); 4. That the use for wh~h appruvel was 9ra~ted has bee~ s° e~ercised as to be detrimaMal to the publ(c health or safety, or so as to ~onstf~~e a nulsance (Section 18•03•OJ2•U50); 5. That modificatbn, ~nc~~d~~9 the imposftbn of addftlona~ condftbns the'eto, is reasonaWY necessarY to Protect the puW~ peacb, health, safery or 9enerai welfare, or necessary ta PermR reasonaWe operaUon under the condftionai use Pt~~nK °r ~a~~ eS g~nted (Sectbn 18.03.092.C~70); 6. That the evldence Presented by the Mahaim Pd~e Department and the Cc,tie E~orcement DNision during the publb hearing condudes that subJect restaurant with cocktaii loun9e has sxperienced a high number d aerv~ce ca~ls; and t1~at based °~ ~~ntiated complairns, the condKbns d approva~ pertaining to Condftbnal Use PeR^n No. 168 sha0d be modified 1o Prevent future prob~eRU~ reyarding the on-Premises sale and consumptbn o( alco!~ol{c beverages, and -1 • PC96-101 CR2749DM.WP ~ i 7. That no one indicated their presence at satd Pubik hearin9 in oppositbn; and that no correspondence wes recefved in op~ositicxi to the soy~act proPosal• ,.,,,,~..~.~~~ s.~ ~on-~MEp~rq~ Q~q~mr AGT FlNOING: The Planning Director's authorized representaWe has determined that the proposed prulect fal~s wichin the definftian of Cate~oriqt Exemptions, pass 21, as deflned {n the State of Cal?icl~:~ i-'~ronmental Impact R~pat (EIR) Guidetines and is, th~refore, categorically exempt fran the re~i~~reme~t .o arepare an EIR. NOW, THEREFORE, BE ~T RESOLVED that the Anaheim Cfty Plannfng Commission does hereby amend Resdution No. PC80-92, as prevbusly amended and as adopted in connection with Co~it(onal Use Permit No. 2090, to add the fdlowing new condfttons: 1. That the Cfty Business Ucense and any related permfts Q.e., Dinner Dancs, Entertalnmetrt, eic.) shall be transferred hom the cu.~errt busfness owners rrame and issued in the name cf the property owner or a new bustness owner. 2. That no outdoor actNities, ~~dudUg but not Umfted to dining, drinking, entertainment, dancing etc., shall be permitted on subJect property. 3. That enterceinment provided an ihe premi;.es shall conform to the Clty of Anahelm Noise Ordin~. ~ a. 4. That the exterior doors shaU be kept dosed at all times during the operation oF the premtses ~• ~pt in csses of emergency and to peRnit delNeries. 5. That at any time eMertainmeM Is provided on ths Psemises, the ,xoperty owner shail {xovide unHortned security guards~ 1~ a number as requfrod by the Anaheim Pd~e Department. 6. 7hat the parking lot serving this facUlry shatl be equipped wfth IigF,Ung of sufficient power to Uluminate and make easqy discemible tr~e appearance ar~ conduct of ~! pe~sons on or ebout the parking iot. The I(gMing In the area shall bo shielded t~ preveM unreasonable qluminatbn of the wlrxiow ereas of nearby businesses. 7, That the number of per~~ns attending any event at the subject property shali not exceed the maximttm occupancy load as determined b~~ the Mahalm Flre Department ;two hundred ninety nine [299J persons). Sig~s indicsting ths ma~cimum occupancy shall be prominonUy displayed wlthin the premises. 8. That thbre shall be no cdn-0perated or credic card telephones ai the property that are located outside the buUding and within if~e centrd d the property owner. ~. Th~t the o~nn-er of the subJect bus~nesa sF-a~l Pay for the tx?st d any Code Erdorcement Inspectbns wh~h may be required to address Code vlolat(ons. ~0. Thac che public dance hall u.~e st~a11 oxpire on Augusc 27, 1s9~. My requesc for excenstnn d ilme must be recefved and appruved~ p~lor to Au~ust 27, 1f1.97. or the puW~ dance hall use shall no longer exlst at this locatbn. 1?. That N the publtc dence hall use expires. the puW~ dance hail wUl no longer be pemdtted because sald use is not permltted in DevelopmeM Area 3'La Palma Core' d Specific Pla~ No. 94-1 'the Northeast Area Specific Plan' in which zone subJect ProPerty Ia lucated. 12. 1'hat the ptoperty owner shali provide any new business operator/c,wner or property owner wfth the conditirns af ap~xoval contained hereln. -2- PC'96-101 1'. ~ Shal~ be developed substa~t~~Y ~n accordance with plans and specif(cations 13. That sub}ect propercy submttted to the City of Anahe~m by the pethioner and wh~ch pians are on flle wfth the Plann ng Departmorrt ma-ked Exh~btt No. 1. 14. That Condition Nos. 1, 6, 7 and 8~1o~'e'mentioned. sha~l be completed wiihin a period of thirty (3U) days ftum the date of this resol ~~~est anly to the extent that roval af this app~i~tion constftutes approval of the proP~~ gtate and 15. That app other a i~~e C~~ rov~l it complies wfth the Anah~e~~ a ~s~not nc~l~die any a~~~on or findings as tocompliance or app Federal regul~tions.~AR9 any pp~ r ulation or requirement. ``, of the request rega other a icabie ordinance, e9 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 30, 1996• ATfEST: ~ SECRETAR , A EIM CITY PLANNING CAMM~SSION STATE OF CAUFORNIA ) COUN7Y OF ORANGE ) ss• CI'fY OF ANAHE~M ) cert'rfy that of the Anaheim City. Planning Commission, Planning Commission I, Margarita Sdorio, S~ a~ adopted at a meeting of the Anaheim Ciry the foregoing resolution was Pa the fdlawln9 vote of the rnsmbers thereof: held on September 3~~ 1996, by MESSE, PERA7J~ AYES: COMMIS~iONERS: NONE IC~ B~YDSTUN, 8RIS7GL-, HENNINGER, MAYER, NOES: CQMMIS ~4~SENT: CdMMISSIONERS: NONE 2C~'' da of~~ • ~N WITNESS Wf1ERE0F, I have hereunto s at my ~~ !~is ___-- y ~- 1996. ~ ~Wv~'v~"i SECRETARY A EIM CIN PLANNING COMMISSION CHAIRMAN, ANAHE~M CI PLANNING COMMISSION P(~6-101 3-