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Resolution-PC 98-104.~ RESOLUTION NO. PC98-104 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTIdN NO. 89R-243, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3124 WHEREAS, on June 20, 1989, the P.naheim City Council adopted Resolulion No. 89R- 243, approving Conditional Use Permit No. 3124 to permit a bo~vling aliey (with accessory and incidental on-premises sale and consumption of alcoholic beverages) and waiver of minimum number of parking spaces at 3364 East La Palma Avenue; and that said approvai includes a d0-lane bowiing alley with an incidental bar, a game room, a children's nursery, and a snack bar as shown on the approved floor plan; and WHEREAS, Condition No. 6 of said resolution specifies "That the hours of operation shall not commence earlier than 9:30 a.m., Monday through Friday, excepting national holidays, as required by the City Traffic Engineer." WHEREAS, the property is developed with a 42,214 sq, ft. bowling center (Concourse Bowling Center) located in Development Area 3(La Palma Core) of the Northeast Area Specific Plan (SP 94-1) and in the Project Alpha Northeast Redevelopment Area; and WHEREAS, the Anaheim General Plan designates this prcperty for general industrial land uses; and WHEREAS; ine applicant has requested amendment to this conditional use permit to expand the existing video ~~rcade from 25 to 35 video games and to permit a ciay care center for up to 30 children and an accessory public dance hall in conjunction with the existing bowling alley; and WHFi~EAS, the Gity Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 6, 1999 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance wi!h the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and aoainst said proposed amendment and to investigate and maice findings and rer:ommendations in connection therewith; and that said pubiic hearing was continued from the June 8 and June 22, 1998, Planning Commission meetings; and WHEREAS, said Commission, after due inspection, invest~c~stion and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find an;~ determine the following facts: 1. That foilowing public notification, it was determined that tha day care center for the children of patrons and employees is permitted in connection with the original approval of this use permit; but that an accessory public dance hall is not permitted nor is it a conditionally permitted use in Developrnent Area 3 of the Northeast Area Specific Plan; and, therefore, thE proposal acted on by the Planning Commission did not include either use. 2. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section '18.110.080.050.05G2 to expand the existing video arcade (from 25 to 35 video games) in conjunction with the previously-approved bowling alley. 3. That the proposed amendment to permit 35 video games, including the imposition of additional conditions, is reasonably necessary to protect the public peace, heaith, safety or general welfare, and necessary to permit reasoiiable operation under the conditional use permit as originally granted. CR3351 PL.DOC -1- PC98-104 _, 4. That the proposed amendment will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because ihe expanded video arcade is compatible with the surrounding commercial and industrial land uses. 5. That the size and shape of the site for the use, as amended, is adequate to allow fuil development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general weifare because the arcade operafes in conjunction with the existing bowling center and does not involve expansion of the primary bowling use and does not increase the amount of parking required by Code. 6. That the traffic generated by the use, as amended, wiii not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area due to the nature of the surrounding land uses and the varying peak hours of operation between the uses. 7. That amending this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 8. That no one indicated their presence at the pub~ic hearing in opposition; and that no correspondence was received in opposition to this proposal. _ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposed amendment to expand the video arcade at an existing bowling alley from 25 to 35 video games; and does hereby determine that the negative declaration previously approved in connection with this conditional use permit is adequate serve as the required environmental documentation for this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Cily Planning Commission does hereby amend Resolution No. 89R-243, adopted in connection with Conditional Use Permit N~. 3124, as follows: (a) Expand the existing video arcade (from 25 to 35 video games) in cenjunction with tfie previously-approved bowling alley under authority of Anaheim Municipal Code Section 18.110.080.050.0502. (b) Delete Condition No. 6. (c) Add the following new Condition Nos. 24 through 34: 24. That the previously-approved day care cenler shall be limited to a maximum of thirly (30) children, as stipulated to by the petitioner. The day care center shall be used exclusively for patrons and employees of the bowling alley operation for use while the patrons and/or employees are on the premises. 25. That modification of this use permit to allow an iricrease in the arcade from twenty five (25) to thirty five (35) video games/devices shall expire one (1) year from the date of this resolution on July 6, 1999. 26. That at ail times when entertainment is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Deparlment to determine unlawful conduct on the part of employees or patrons and to prornote the safe orderiy assembly and movement of persons and vehicles. 27. That operation as a public dance hall, as a dinner dance place, or as public dancing, as defined under the provisions of Anaheim Municipal Code Section 4.16.010, shall not be permitted on the premises. -2- PC98-104 ~ 28. That any additional signage on subject property shall first be submitted to the Planning Commission for review and approval as a"R2ports and Recommendations' item. - 29. That the total number of amusement devices, as defined under Anaheim Municipal Code Section 18.01.020, shall not exceed a total uf thirty five (35) such devices anywhere on the subject premises. 30. That within a period of one (1) month from the date of this resolution, a business license shall be obtained from the Business License Division for all amusement devices located on the premises. 31. That "no dancing" signs shall be posted throughout the facility. 32. That prior to the commencement of disc jockey (DJ) entertainment, an entertainment permit shall be obtained from the E;asiness Lioense Division. Said entertainment shall be limited to Thursday through Sunday, from 8:30 p.m. to 12:00 a.m., with a cover charge only on Thursday and Sunday. 33. That live entertainment shall not be permitted. 34. That the hours of operation for the arcade shall be limited to 9:00 a.m. to 12;30 a.m. daily BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compiiance with each and all of the cor,ditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of comp tenl Jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and voi . THE F~~REGOING RESOLUTION was a o ted e PI nn ommission meeting of July 6, 1998. l~~ CHAIRMAN' AHEIM CITY LANNING COMMISSION ATTEST: ~U.t% SECRETAI2 , Ap HEIM CITY PLANNING COMMISSION -3- PC98-104 .~ 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 July 6, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERAZA VACANCY: ONE VACANT Seat ~ IN WITNESS WHEREOF, I have hereunto set my hand this ~L day of _~, 1998. . 11~.h~t,ftv ftl-(r SECRETAR ANAHEIM CITY PLANNING COMMISSION -4- PC98-104