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Resolution-PC 99-219RESOLUTION NO. PC99-219 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4041 UNTIL DECEMBER 39, 20~1, AND AMENDING CERTAIN CONDITIOI~S OF APPROVAL OF RESOLUTION NO. PC98-105, ADOPTED THEREWITH WHEREAS, on July 6, 1998, Resolution No. PC98-105 was adopted by the Planning Commission tc grant Conditional Use Permit iVo. 4041 and permit the retail sales of beer and wine for on- premises consumption and 2n amusement arcade with up to 16 amusement devices in an existing 4,800 sq.ft. restaurant at 3010 West Lincoln Avenue; and that Condition No. 22 of said resolution specifies the following: "22. That subject use permit shall expire one (1) year from the data of this resolution, on July 6, 1999 ° WHEREAS, this property is, deveioped wikh a commercial retail center located in the CL (Commerciai, Limited) zone; that the Anaheim GQneral Plan Land Use Elempnt designates the property for General Commerciai land uses; and that the property is located within the West Anaheim Commercial Corridors Redevelopment Project Area; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which expired on Juiy 6, 1999, to retain the restaurant (Numero Uno Pizzeria) with retail sale of beer and wine for on-premises consumption and an amiasement arcade with up to 16 amusement devices. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center fn the Ciry of Anaheim on December 6, 1999, at 1:30 p.m., notice of said pubiic hearing having been duly given as required by law and f:~ ~ccordance with lhe provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itseif 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 use is properly one for which a conditional use permit fs authorized by the Zoning Code. 2. That reinstating the use will not adversely affect the adjo(ning land uses and the growth and development of the area in which it is located; ihat the Code Enforcement Division indicated that there are no outstanding complaints pertaining to this property; and that the Community Development Department and the Police Department concur with reinstating thfs use permit, subject to the previous conditions of approval being retained. 3. That the size and shape of the site for the reinstated use is adequate to allow fuli development of the use in a manner not detrimentai to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the re(nstated use will not (mpose an undue burden upon the streets and highways desigr:ed and improved to carry the traffic (n the area. 5. That reinstating this conditional use oerml:, under the conditfons imposad, will not be detrimentai to the peace, health, safety and general welfare of the citizens of lhe City of Anaheim. CR3838PK.DOC -1- PC99-219 6. That the facts necessary to support reinstatement of this conditional use permit still exist, and this use permit is being exercised in substantially ihe same manner and in conformance with condit(ons and stipulations originaliy approved and in a manner that is not detrimental to the particular area and surrounding land uses. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no conespondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to amend Conditional Use Permit No. 4041 to rein~tate the restaurant with retaii sale of beer and wine for on-premises consumption and an amusement arcade with up to 16 amusement devices on a rectangulariy-shaped 1.58-acre property located et the sou~hwest comer of Lincoin Avenue and Beach Boulevard, with fruntages of 260 feet on the south side of Lincoln Avenue and 260 feet on the west sfde of Beach Boulevard, and further described as 30' 0 West Lincoln Avenue; and does hereby find that the Neflativo Declaration previously approved in connection with Conditional Use Permi4 No. 4041 is adequate to serve as the req~ired environmental documentation in conneclion with this request upon finding that the deciaration reflects the independent judgment of the fead agency and that it has considered the previousiy approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the (nitial study and any comments received that there is no substantial evidence that the project will have a signiftcanE effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Maheim City Planning Commission does hereby amend Condition No. 22 of Resolutfon No. PC98-105, adopted (n connection with Conditional Use Permit No. 4041, to read as follows: 22. That subJect use permit shall expfre on December 31, 2001. AND BE IT FURTHER RESOLVED that the Plann(ng Commission does hereby add the following new condition of approval to safd resolution: 28. That witt~in a period of seven (7) days from the date of this resolutfon, all non- conforming signs shall be removed. THE FOREGOING RESOLUTION was ado ed at the/~I~ning Commiss(on meeting of December 6, 1999. v/ CHAIRP R TEMPORE ANAHEI~ ITY PLANNING COMMISSION ATTEST: Aa,2~ S~a~ ~ SECRETARY, AHEIM CITY PLANNING COMMISSION -2- PC99-219 STATE OF CALIFORNIA ) COUMN OF ORANGE ) ss. CITY OF ANAHEIM ) I, Marflarita Solorlo, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meet(ng of the Anaheim City Planning Commission held on December 6,1999, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this 3~ day of ~IX~~., 2000. SECRETARY(,/ANAHEIM CITY PLANNING COMMISSION -3- PC99•219