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Resolution-PC 97-182~ ~ RESOLUTION NO. PC97-182 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3990 BE GRANTED WHEREA~, the Anaheim City Planning Commission did receive a verified Petiti State Conditional Use Permit for certain reai propeRy situated in the City of Anaheim, County of Orange, of Califomia, described as: THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, AND IS DESCRIBED NS FOLLOWS: PARCEL 3 AND A PORTION OF 4 OF PARCEL MAP NO. 87-416 IN TNE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 242, PAGES i TO 4, OUNTY RECOORDER OF SAID COUNTy,HE OFFICE OF THE WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in ihe ven asAequeed by IDaw and in acco d9ance w th he provisionsf of he Anahe mrMUn c pagCode, du y g Chapter 1~.03, to hear and consider evidence for and against said proposed conditional use permit an to investigate and make findi~gs and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, ~nvestigation and study made by itseif and En its behaif, and after due consideration of ail evidence and reports offered a! said hearing, does find and deter:~~ine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.44.050.025 and 18.84.061 to retain an unpermitted arcade with up io 40 games within an existing Super K-Mari store; 2, That the underlying prope~ly is developed withro edPunderNResolut o No h93R- established in connection with Conditional Use Permit No. 3550 (app 187); 3, That the arcade is currently in operation with fourteen games; and that the proposed arcade cxpansion will have a maximum size of 336 sq. ft., which will be 0.2% of the total K- Mart floor area; q, That the proposed use is properiy one for which a conditionai use permit is authorized by the Zoning Code; 5',., Tha1 the proposed use s:+4~ not adversely affect the adjoining land uses ana'ihe growlh and d~veinpment of the area in which it is proposed to be located; g, That the u'se nna ma n er nt t deltnmental torthe particular a ea nor to thelp atce, full development of the proposed health, safety, and general welfare; -1- PC97-182 CR3143PL.DOC ~, enerated by ihe ProP~ ~~~'~ iase will not impose ur~ ~n~ue burden r ?'::ai :4ra traffic g u on the ~treets and ~~~!j'fdaYs ~esigi? ~da~nd improved te r,~rr,~ ~~;~- ::affic in the area because the arca e P is located inside the exi~~inc: ;;~ar~s ` n v' ~rmit, ~~,~d'~ ~h~ conditions imposed, g T;;at !he grantinc? of 9h.. •'. nditionaf i:::~ p t be delrimental ta trie peace, health, ~a`~.t'; ~n~ g~~'`':'~~ W~~fJ` ``"` '~e citizens of th~ ~~tY ~f will no Anaheim; and ~~<<.. ,:«;r•~~1c~ ~r: ::~r::;~_~tion; and that g. That no one indica~tsd~on to phe subjec~ peti on. no corcespondence was received in opp CALIFORNIA ENVIRONME~N osai toUALITY ="~CT FINDING: That the Anaheim City retain an arcade with up to 40 9am omer o'f Old Planning Commission has reviewed the p P Su er K-Mart store on a 18.69-acre parcel Iccated south and west of the southwes existing p froniage of 623 feet on the west side of Pulimaa S rove the on Road, having er K-Ma~t); and does hereby PP C a n a l Road and Weir Cany ud ement of the lead maximum depth of 1 2 4 0 f e e t ( 1 0 9 5 P u l l man Street - S~P commenls receive d duri n g Negative Declaration upon finding that 1he declaralion reflec ts t h e i n d e p e n d e n l j S ative Declaration together with any comments received agency an d t ha t i 1 h as considered the Ne9 on t he G a s i s of the initial study and any the public review process and furlher finding 1ha1 there is no substantial evidence that the project will have a signific a~e meCity Piann ng r Commission on the following conddions which are NOW, THEREFORE, BE IT RFSOLVE6 that the An does hEreby grant subject Petition for Condilional Use Permit, up rerequisite to the proposed use of the subject property in order to hereby found to be a necessary P preserve the safety and general welfare of the Citizens of the City of Anaheim: ~, That lhe maximum number of arcade mach+nes shallthe squaee foot ge(shown on Exhibit No. 1 2. That maximum size of the arcade snall be limited to g 'fh~1 there shall be no pool tables permitted wilhin the arcade. roval q, That within a period of nine (9) months from the date of this resolution, the conditions o app ~hall be comp~eted; provided, for Conditional Use Permit No. 3550 (Resclution No. 93R-187) ~ however, that: this ~a~ If all of those co fe~ton Augus122t b998;cormp1e~ed within said nine (9) months, permit shall exp ~ggg, this c~ndilional ~b~ If all of tho~e conditions liave been completed before August 22, use permit shall expire two (2) years from lhe dale of this resolution on December 22, 1999. That a valid business license and arcade permil shall be obtained from the Finance Deparlmen , 5. Business License Division. That wilhin a period of thiAy (30) days from the date of this resolution, Condition No. 5, above- 6. mentioned, shall be complied wi1 • That approval of this application constitutes aoproval of the proposed request only to the exlen other app~icabie City, State, and ~• action or findings as to compliance or that it complies with the Anaheim Municipal Code and any ulation or requirement. Federal regulations. Approval does not includcable ordinance, reg arding any other app approval of the request reg ermitted. g, That exterior signage on the Supes K-Ma~1 store for the arcade shall not be p PC97-182 -2- ~ ~ g, That the arcade use shall only be permitted in conjunction with the use of the remainder of the store as a retail department store. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressiy predicated upon applicanYs compliance with each and all of the conditions hereinabove set fortti. Should any such condition, or ar.y part thereof, be declared invalid or unenforceable by the finai judgment of any court of competent jurisdiction, therr this Resolution, and any approvals herein contained, shall be deemed nuli and void. THE FOREGOING RESO~UTION was adopted at the Planning Commission meeting of December 22, 1997. / _ _ 7 ~ , . ~~-eC~ ` , f C IRMAN ANAHEIM CITY P NNING COMMISSION ATTEST: SECRETARY, AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim Ciiy Planning Commission, do hereby ce~tify that the foregoing resolution was passed and adopted at e meeting of ihe Anaheim City Planning Commission held on December 22, 1997, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES PERAZA NOES: COMMISSIONERS: IVONE ABSENT: COMMISSIONERS: MAYER ~ J IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 1998. , SECRETA , ANAHEIM CITY PLANNiNG COMPJIIS~IGN -3- PC97-182