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Resolution-PC 97-135~ +1. RESOLiJ'~ON NO PC97-135 p RESOLUTTON O'F THE ANAHEIM CITY PLANNING COMMISSION THAT PETIT:ON FOR CONDTI'IONAI- USE PERMTT NO. 3952 BE GRANTED WHEREAS, the Anaheim Ciry Planning Commission did receive a veri5ed Petition f Counndof Ora gee Stat of California, de cribed as ty situated in the City of Anahetm, h' THAT PORTION OF THE SOUT1-IWEST QUARTER OF 'fI~E NORTHWES'I' QUARTER OF SE.CfION 23, TOWNSHIP 4 SOUTH, RpNGE 10 WF.ST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE ~ OF CALIFORNIA, AS SHOWN ON A IvIAP N E~C~OE OFFICC O OTIiE PAGE 10 OF MISCELLANEOUS MAPS, COUNTY RECORDEF OF SAID COUNTY, DESC.RIBED AS FOLLOWS: BEGIM~ING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF 60 FOOT STATE HIGHWAY, AS PAGER66EOF DEEDS,EWITH~ HE NORTHERLY1RTGHT OF WAY LINE OF CERRITOS AVENUE 40.00 FEET 1N WIDTH, SAID POINT BEING UN A CURVE IN SAID NORTHEASTERLY RIGHT OF WAY LINE CONCAVE SOUTF(WESTERLY HAVING A RADIUS OF 630.00 ~~T~ p RADIAL LINE THR(3UGH SAID POINT BEARS NC)R'TH 82 DEGREES 54' 41" EAST; THENCE NQRTHERLY ALONG SAID CURVE THRUUCiH A CENTRAL ANGLE OF 4 DEGREES 3T 14" A DISTANCE OF 50.81 FEET; THENCE NORTH 6 DEGREFS 55' 00' WFST ALONG THE EASTERLY I.INE OF LPND DESCRIBED IN A DEED TO THE STATE OF CALIFOR*1TA RECORDED APRIL 13, 1929 IN BOOK 257 PAGE 462 OF I~FFICIAL RECORDS TO THE SOUTHWEST CORNER OF TRACI' NO. 3313 AS SHOWN ON A MAP RECORDED IN BOOK 107 PAGES 34 TO 37 INCLUSIVE OF MISCELLANEOUS MAPo, RECORDS UF ORANGE COUNTY, CALIFORMA; 'I'[~ENCE NORTH 89 DEGREES 56' 31" EAST 1161.91 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3313 TO RIGHT OF WAY, AS D OCR[BED iN A DEED RECORDED AUGU S 18, 1899 1N BOOK 44 YAGE 226 OF DEEDS; THENCE SOUTH 15 DEGREES 25' 43" EAST 78.85 FEET ALONG SAID WES'fERI.Y L1NE TO'fI-IE EASTERLY LiNE OF TNE SOtJTHWEST QUARTER OF THE NORTHWEST QiJARTER OF SAID SECTION 23; THENCE SOUTH Q DEGFtEFS 10' 18" EAST 6dQ.48 FEET ALONG SAIL~ EASTERLY LINE TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER TO SAID SECTION 23; THENCE WEST ALONG SA1D SUUTHERLY LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID 60.00 FOOT STATE HIGHWAY; THENCE NORTH~RLY ALONG SAID NORTHEASTERLY LINE TO THE POIidT OF BEGiNNING. .1 PC97-]35 CR3056PL.WP ~ ~ EXCEPTING THEREFROM THE EAST 1~34.51 FEE1' OF SAID ~.AND. ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAI~D DESCRIBED .4S FOLLOWS: WITH THE SOUTI-IERLYELINE OF THE NO Tf-xWEST QUARTERLOF SAID SECTION 23 "CENTER LINE OF CERRITOS STREET" AND DISTANCE NORTH 22A.00 FEET, MEASURED AT RIGHT ANGLES FItOM SAID SOUTHERLY LINE, AND THE EASTERLY LINE OF THE LAND DFSCRIBED IN A DEED TO THE STATE OF CALIFORI~IIA RECORDED APRIL 13, 1429 IN BOOK 257 PAGE 462 OF OFFTCIAL RECORDS "EASTERLY LINE OF LOS ANGELES STREET"; THENCE SOUTH E D p,99 FEET TO A POIhIT ON AsCURVE CONCAVE OUT~IHWES ERL~Y HAVING A RADIUS OF G30.00 FEET, SAID POINT BEiNG IN THE NORTHEASTERLY RIGHT OF WAY LINE OF A 60.W FOOT STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258 PAGE 6Ci QF DEEDS, A P.ADIAL LINE THROUGH SAID POINT BEARS NORTH 78 DLGREES 17' 27" EAST; THENCE SOUTHERLY f~LONG SAID CURVE THROUGH A CENTRAL ANGLE OF G DEGREES UUTHER~LY LI EROFnTHE NNORTHWEST QUARTER OF SOAID SECI'ION 23, A RAUTA~. LINE THROUGH SAiD POINT BEARS NORTH 84 DEGREES 44' 2b" EAST; THENCE EAS'C ALONG SAID SOUTHERLY LINE A T~ISTANCE OF 221.36 FEET; THENCE NORTH AND AT RIGHT ANCLES TO SAID SOliTHERLY LiNE A DISTANCE OF 27A.00 FEET; THENCE WEST ANJ PARALLEL WITH SAID SOUTHERLY LINF A DISTANCE OF 250.00 PEET TO THE POINT OF B~GINNING. WHEREAS, the City Planning Commission did hold a public hearing at ~he Civic Center in the City of Mah:,~m on Juty 21, 1947 at 1:30 p.m., notice of said public hearing havang been duly giveri 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 proposed cunditional use permit and to investigate and maka findings and recommendatior.s in connection there~vith; and that ssid public hearing was continued to the Commission meetings o€ August 18, September 3, September 15 and September ' 29, 1997; 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 jf 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 Anaheim Municipal Code Sections 18.44.050.010, 18.44.050.030 and lg a.~ ~~O.135 to ~onstruct a 6,809 sq. ft. addition to a television studio and entertainment area with sales of bE~r for on-premises consumption, and a second level, 1,209 sq. ft. of~ce area in conjunction with an existing indoor ~.wap meet. 2 PC97-135 ~ ~ 2, That the pet~tioner originally requested on-premises sale of beer and ~vine but the request is for sale of beer only; 3, That the proposed use is properly one for which a conditional use permit is authorized 'by the Zoning Code; 4, That the proposed use will not adversely affect the adjoining land uses 3nd the growth and deve'lopment of the area in which it is proposed to be located because the proposed entertairur.ent uses were previously approved for another indoor area of the Anaheim Marketplace, and there will be no further intensification of uses by approval of this request; and that the conduct of tl-~e entertainment uses and office area within an enclosed building will not create any detrimental impacts to the surrounding properties; $, That the size and shape of the site for the proposed use is adequate to allflw the full development of the proposed use in a manner not detrimental to the particular area nor to the ~ieace, health, safety and general welfare; 6. That the traffic generated by the proposed use will not impose an unciue burden upon the streets and highways designed and improved to carry the traffic in the area; 7wi!1 notibe'ndetgri nental to the pea e,thealthu safetyrand general welfa~redofl~he imposed, citizens ot the City of Anaheim; and g, That two people spoice with concerns at said public hearing; and that no correspondence was rPceived in opposition to the subject petition. ~ALIFORNIA ENVIRONMENTAL OUALITY ACT FINDIN : That the Anaheirri City Planning Camrnission has rev~ewed the proposal to construct a 6,809 sq. ft. addition to a television studio and entertainment area with sales of beer for on-premises consurrption, and a second level, 1,209 sq. ft. office area in conjunction with an existing indoor swap meet on a 14.74 acre irregularly-shaped parcel located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard with frontage of 725 feet on the north side of Cerritos Avenue and 485 :eet on the east side of Anaheim Boulevard (1440 South Anaheim Boulevard - Anaheim indoor Marketplace); and does hereby approve the Negative Declaration upon finding that the c:e:.laration reflects the independent judgement of the lead agency and that it has considered the Negative Deciaration together with any comments received during the public review process and further finc::ng on the basis he ~~~ect~will have a s'ign ficant~effect onlthe envir nment,no substantial evidence that t , ] _3- PC97-:'35 ~ NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following ccnditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. T.hw condition wc-s delete.d during the public hearing. 2. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 3817 (to relocate a previously approv.,d induor entertainment center and add a 3,283 sq.ft. outdoor event area) to the Zoning Division. 3. That the maximum occupancy of the indoor entertainment area shall be six hundred seventy (670) plus thirty (30) employee/performers, as stipulated to by the petitioner and unless further restricted by the Anaheim Fire Department. 4. That the sale of alcoholic beverages for consumptio~i uutside the interior of the television studio/entertainment area shall be prohibited. 5. That there shall be no live entertainment, amplified music nor dancing p~;rmitted on the premises at any time without issuance of proper permit.s, as requ'rred by the Anaheim Municipal Code. 6. That the activities taking place in connection with the operation of this establishraent shall not cause noise disturbance to surrounding properties. 7. That all doors sirving subject establishment shall comply with the requirements of the Uiuform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries and in cases of emerger~cy. 8. That at all times when entertainment or dancing is permitted, securiry shall be provide~ to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of empl~yees or natrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighb~~rhood by excessive noise created by patrons entering or leaving the premises. 9. That the parking lot serving the premises ~hall be equipped w;th lighting of sufficeent power to illuminate and make easily discernible the appearance and conduct of all persons on or abouc the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby businesses. 10. That there shall be no pool tables nor coin-flperated gamec maintained within subject ectablishment without issuance of proper permits, as required by the Anaheim Municipal Code. _,~ PC9'7-135 ,~ 11. That the business operator shall compty with Section 24200.5 of the Business and Professions Code and shall not employ n~r permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or ott~er profit-sharing plan, scheme or conspiracy. 12. That beer shall be sold in containers not to ex~eed twelve (12) aunces in size. 13. That the portion of this permit pertaining to the retai! sales of beer shall expire one (1) year from the date of issuance of an occupancy permit. 14. 'I'hat the indoor entertaiiiment uses sha11 be limited to live music, banquets, television productior.s, sporting events and showing of theatrical ~lms, as stipulated to by the petitioner. 15. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which Plans a:e on file with the Flanninn Department marked Revision No. Y of Exhibit Nos. 1, 2 and 3, and Exhibit Nos. 4 and S; and as conditioned herein. 16. That plans shall be submitted to the Building Division showing compliance with the Uniform Building Cc~de pertaining tc; the minimum number of bathroom stalls for both men's an~ wornen's restrooms for this addition. 17. That the entertainment faciliry shall be operated as a family-oriented business and shall not include activiti~s that would ::onstitute or requirf approval far a sex-oriented business permit under Ch~~pter 18.89 of the Anaheim 1Vlunicipal Code. 18. That beer shall only be served during weekend and holiday evenis, and on a maximum of two evenings per week, between 7 p.m. and 11 p.~: 19. That prior to issuance of a building permit ~r within a periitd of one (1) year from the date of this resolution, whichever occurs firsi, Gnndition Nos. 2 and 16, above-meutioned, shall be comptied with. ~xtensions frn~,furti~er tiine to complete said conditions may be granted in accordance with Section 18.03.0~0 0£ the Anaheim Municipal Code. 20. That prior to final building and zoning inspections, Condition Nos. 7, 9 and 15, above-mentioned, shall be complied with. 21. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval aoes not include any action or findings as to compliance or approval of tl-~e request regar~ing any other applicable ordinance, regulation or requirement. -5- PC97-135 ~~ ~ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoptiot~ of this Resolution is expressly predicated upon applicar~t's compliance with each and all of tlie conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgmeni of any court oFcompetent jurisdiction, then this Resolution, and any ap~sovals herein contained, shall be deemed null and void. ~ THE FOREGOING RESOLUTION a ado d at lanning Commission meeting of September 29, 1997. ~~ ~ ~ ~ ~ RON - PRO TEMPORE CITY PLANNING COMi'vIISSION ATTEST: ., ~~.D~~ SECRETARY,; NAHEIM CITY PLANNING COMMISSIO~+ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CYT'~ O~ ANAHEIIvf ) I, Margarita Solorio, Sccretary of the Anaheim City Planning Commission, do hereby ceriify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Cummission held on September 29, 1997, by the following vote of the members thereof: AYL-S: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNiNGER, MAYER, NAPOLES, PERAZA NOES: COMMISS[ONERS: NONE ABSENT: COM~tISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of , 1997. ~ y~~ SECRETARY, ANAHEIM CITY PLANNING COMD4ISSION _~_ PC97-135