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Resolution-PC 99-47RESOLIiTION NO. PC99-47 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3817 AND AMENDING CERTAIN CONDITIONS OF APPROVAL. OF RESOLUTION NO. PC96-18, ADOPTED THEREWITH AND AMENDED BY RESOLUTION NO. PC97-29 WHEREAS, on February 5, 1996, the Anaheim City Planning Commission adopted Resolution No. PC96-18 to grani C~nditi~nal Use Permit No. 3817 and permit an indoor entertainment facility for a television taping studio and a^ indoor stage for concerts, live theatrical productions and movie screenings; and that Condition No. 11 of said reso!ution specified that the use was permitted for two years until rebruary 5, 1998; and that ~e.vised pians were subsequently approved on March 17, 1997 under Resolution No. PC97-29 which included a new Condition No. 23, as follows: 23. That this condilional use permit is granted for a period of hvo (2) years to expire on March 17, 1999. WHEREAS, this property is developed with an indoor swap meet at 1440 South Anaheim Boulevard (Anaheim Indoor Marketplace) in the CL (Commercial, Limited) Zone; that the Anaheim General Plan designates this property for General Commercial land uses; and that the property is located in the South Anaheim Bouievard Redevelopment area; and WHEREAS, the petitioner has requested reinstatement of this conditional use oermit, which expired on March 17, 1999, to retain the indoor entertainment center and outdoor event area under authority of Code Sections 18.03.093 and 18.44.050.320 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 15, 1999, at 1:30 p.m., notice of said publi~ hearing having been duly given 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 amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due c,onsideration 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 Qhe Zoning Code. 2. Thal the proposal, as amended, will not adversely a'rfect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape ot the site for the use is adequate to allow full deveiopment of the use in a manner not de' ~~nental to the particular area nor to the peace, health, safety and general weifare. 4. That ihe traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under ihe conditions imposed, will not be detrimental to the peace, health, safety and general Hielfare of the citizens of the City of Anaheim, 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations orlginally approved by the Planning Commission. CR3566PK.DOC -1- PC99-47 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and sunounding land uses, nor to the public peace, health, safety and general welfare. 8. That no one indicated their presence at the public hearing in opposition to this proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Dec~aration previously-approved in connection with Conditional Use Permit Na. 3817 is adequate to serve as the required environmental documentation in connection with the request upon find~ng that the declaration reflects the indepEndentjudgment of the lead agency and that it 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 substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC96-18, adopted in connection with Conditional Use Permit No. 3817 and amended by Resolution No. PC97-29, to reinstate the indoor entertainment center and outdoor event area; and BE IT FURTHER RESOLVED that the Planning Commission does hereby amend Condition No. 1 to read: 1. That this conditional use permit shall sxpire on April 22, 2001, or in conjunction with the closing of the indoor swap meet, whichever occurs first. AND BE IT FURTHER RESOLVED ihat the Flanning Commission does hereby add the followinc~ new conditions of approval: 24. That the parking lot shail be maintained free of debris at ~II times. 25. The property owner shall obtain a right-of-way construction permit to install a sidewalk along Cerritos Avenue, starting at the corner of Cerritos Avenue and Anaheim Boulevard going east to the second driveway which lines-up with the setback of the west building elevation. The sidewa~k shall be five (5) feet wide and shall be instal(ed adjacent to the right-of-way line. A landscaped parkway, including trees approved by the Parks Divfsion shall be planted between the curb and the sidewalk. The fmprovements shall be complete within a period of one hundred twenty (120) days from the date of this resolution. 2G. That within a period of thirty (30) days from the date of this resolution, landscaping shall be planted around the above-ground ~arge meter or fir' ~ine to screen it from view of the adjacent public right(s)-of-way. THE FOREGOING RESOLUTION w s dopted at Planning Commission meeting of March 17, 1999. ~~~ ~/, ATTEST: ~la.re.~a~w So1.~.i~ SECRETARY, A HEIM CITY PLANNING COMMISSION PLANNING CR3586PK.DOC -Z- PC99-47 ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, SecrQtary of the Anaheim City Planning Commission, do hereby certify tho: the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commissiors heid on March 17, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSlONERS: BOSTWI(:K, WILLIAF."S IN WITNESS WHEREOF, i I~ave hereunto set my hand this ~~~ day of ~, 1999. ~J~`'of~-W' SECRETARY, Ah~EIM CITY PLANNING COMMISSION CR3586PK,DOC -3- PC99-47