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Resolution-PC 98-145RESOLUTION NO PC98-145 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APR'F20VAL OP RESOLUTION NO. PC84-189, ADOP7ED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2620 WHEREAS, on September 17, 1984, the Anaheim City Planning Commission adapted Resolution No. PC84-189 to grant Conditionai Use Permit No. 2620 and ~ermit on-saie beer and wine in a proposed restaurant at 6304 - 6308 East San;a Ana Canyon Road, and with waiver of minimum number of parking spaces; and WHEREAS, the properry is developed with a commercial shopping center, including subject restaurant (Round Ta~le Piua), in the CL(SC) (Commercial, Limited - Scenic Corridor Overlay) zone; and that the Anaheim General Plan Land Use designation is General Commercial, and WHEREAS, the petitioner requests amendment to this conditional use permit under the authority of Code Sections 18.44.050.025 and i8.84.061 to ailow an amusement device arcade with up to twelve (12) amusement devices in conjunction with the previously-approved restaurant with sale ofbeer and wine for on-premises consumption; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 14, 1998 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipai Code, Chapter 18.03, io hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and rec,t;mmendations in connection therewith; 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 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 the Anaheim Municipal Code. 2. That the requested amusement device arcade will be accessory to the existing family style pizza restaurant; that the accessory amusement arcade is compatible with the restaurant use and also with the surrounding commerciai shopping center; and that it will operate during the same days and hours of operation as the restaurant. 3. That the underlying property provides adequate ingress and egress from Santa Ana Canyon Road and Fairmont Boulevard; that adequate on-site vehicuiar circuiation and ~dequate parking are available; and that the amusement arcad~ will be limited to a total of twelve devices and will serie existing dining customers and, therefore, this use will have a negligible impact to tra~a in the area. 4. That the property is of adequate size and shape to aliow full development of the proposed amusement arcade; that there will not be any increase in floor area, nor any significant aiteration to the interior layout of the tenant space in which the restaurant is located; and that the amusement arcade will not be detrimental to the commercial shopping center in which it is located, to the neighboring properties nor to the general population. 5. That no one indicated their presence at the public hearing in opposit(on; and that no correspondence was received in opposition to this petition. CR3432pk.Doc -1- PC98-145 CAUFORNIA ENVIRONMENTAL QUoLITY ACT FINDW~; That the Anaheim City Planning Commission has reviewed the proposal to permit an amusement device arcade with up to tweive (12) amusement devices in conjunction with a previously-approved restauran4 with saie of beer and wine for on-premises consumption on an irregularly-shaped 6.67-acre property iocated at the southwest corner of Santa Ana Canyon Road and Fairmont Boulevard, with frontages of 28Q feet on the south side of Santa Ana Canyon Road and 384 feet on the west side of Fairmont Boulevard (63Pd - G'3QR East Santa Ana Canyon Road -~ound Table Piua); and does hereby approve the Negativ~ eration upon finding that the declaration reflects the independent judgement of the lead agency and thG. ~[ has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantiai evidence that the project will have a significant effect on the environmenl. NOW, THEREFORE, BE IT RESOLVED thaf the Maheim City Planning Commission does hereby amend Resalution No. PC84-189, adopted in connaction with Conditionai Use Permit No. 2620, to aliow an amusement device arcade with up to twelve (12) amusement devices for a period of rivo (2) years, in conjunction with the previousl;-approved restaurant ~vith the sale of beer and wine for on- prernises consumption and with waiver of the minimum number of parking spaces. BE IT FURTHER RESOLVED that Condition No. 12 of Resolution No. PC84-189 be deieted in its entirery. BE IT FURTHER RESOLVED that the following new conditions are added to Resolution No. PC84-189: 13. That the maximum number of amusement devices shall not exceed twelve (12). 14. That the hours of operation shall be limited to the following: Monday through Thursday 11 a.m. to 90 p.m. Friday and Saturday 11 a.m. to 11 p.m. Sunday 12 p.m. to 10 p.m. 15. That any on-site public telephone(s) shall be located inside the business premises. 16. That window, wall, freestanding, or other signs shall not be permitted f~r the amusement device arcade; and that the proposal shail comply with all signing requirements of the CL(SC) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 17. That a valid business license for the amusement devices shall bo obtained from the City Business License Division of the Finance Department. 18. That subject use permit shall expire two (2) years from the date of this resolution, on September 14, 2000, 19. That prior to commencing the activity authorized by this resolution or within a period af one (1) year irom the date of this resolution, whichever occurs first, Condition No. 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 20. 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 does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. "2" PC98-145 BE IT FURTHGR F2ESOLVED that the Anaheim City Planning Commission cioes hereby find and determine that adopti~n of this Resofution is expressly predicated upon applicant's eompliance with each and all of the cond~t~ons hereinabove set forth. Should an such condition, or any part thereof, be declared invalid or unenforceable by the final Jud ment ofi any co rt of competent jurisdiction, then this Resolution, and any approvals herein contained, s~ll Ja2'deeme nd vaid. THE FOREGOING September 14, 1998. ATTEST: D~ok(.~ SECRETARY, NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY QF ANAHEIM ) Commission meeting of CITY PLANNING CO f, Margarita Solorio, Secretary of the Anaheim City Planning Commissfon, do hereby certify that the faregoing resoiution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 14, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK / IN WITNESS WHEREOF, I have hereunto set my hand this ~9~ day of _ ~`~~~ 1998. ~JUt(J~ SECRETARY, ANAHEIh1 CITY PLANNING COMMISSION -3- PC98-145