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Resolution-PC 99-59RESOLUTION NO. PC99-59 A RESOLUTION OF THE ANP.HEIM CITY F'LAPINING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERIAIT NO. 2681, AND AMENDING CERTAIN i.ONDITIONS OF APPROVAL OF RESOLUTION NOS. PC84124, PC94-9 AND PC97-172, ADOPTED THEREWITH WHEREAS, on May 13, 1985, Resolution No. PC85-124 was adopted by the Anaheim City Planning Commission to approve Conditional Use Permit No. 2681 and permit a semi-enclosed freestanding restaurant with on-prernisss sale and consumption of alcoholic beverages and with waiver of minimum number of parking spaces at 480 North Glassell Street; and WNEREAS, on January 24, 1994, Resolution No. PC94-9 was adopted by the Planning Commission to amend this conditi~nal use permit to allow four billiard xables in conjunction with the previously-approved uses; and that said resolution inciudes the fiollowing new condition of approval: 29. That subject use permit is granted for a period of five (5j years to expire on January 24, 1999; provided, however, that time extensions may be sought in connection with Pianning Commission public heari~gs. WHEREAS, on Decembrer 8, 1997, Resolution No. PC97-972 was adopted by the Planninfl Commission to fur:her amend this conditionai use permit and permit live eniertainment within the existing restaurant; and that said resolution inciudes the following new condition of approval: 33. That the accessory live entertainment and dinner dance shall expire in eighteen (18) months from the date of this resolution on June 8, 1999. WHEREAS, this property is developed with a 5,500 sq.ft. semi-enclosed restaurant (Press Box Sports Bar and Grill) in Development Area 1(Industrial Area) of the Northeast Area Specific Plan {SP94-1); and that the Anaheim General Plan designates this property for General Industrial land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain tne live entertainment with dinner dancing and three billiard tables in the existing restaurant with sale of alcoholic beverages for on-premises consumption pursuant to Code Section 18.03.093 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 29, 1999, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accorclance with the provisic~s flf the Anaheim Municipai 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 behaif, and afte~ due consideration of all evidence and reports offered at said hearing, does find and determine ihe following facts: 1. That the uses proposed to be retained are properly ones for which a conditiona! use perrnit is authorized by the Zoning Code. 2. That this conditional use permit, as amended, will not adversely affect the adjoining land uses and the growlh and development of the area in which it is located. 3. Tha! the size and shape of the =ite for this conditional use permit, as amended and reinstated, is adequate to aliow full development of the use in a manner not detrimEntal to the particular area nor to the peace, health, safety and general welfare. CR3590MS.DOC -1- PC99-59 4. That the tra~c generated by the use wilt 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 the conditions imposed, will nut be detrimental to the peace, heaith, safety and general weifare of the citizens of the City of Anaheim. 6. That this conditional use peRnit is being exercised fn substantially the same manner and in conformance with all conditions and stipulations originaily approved by the Planning Commission. 7. That this conditional use permit is being exercised in a manner not detrimental to the harticular area and surrounding land uses, nor to the public peace, heaith, safety and generai welfare. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in oppositi~n. CALIFORNIA ENVIRONMENTAL QUALITY ACT ~INDING: That the Anaheim City Planning Commission has reviewed this request to amend certain conditions of approval to reinstate this conditional use tu retain live entertainment with dinner dancing and three billiard table~ in an exisEing semi-enclosed restaurant with sale of alcoholic beverages for on-premises consumption on property consisting of 0.59 acre located at the southeast corner of Frontera Street and Giassell Street, havinc~ frontages of 152 feet on the south side of Frontera Street and 155 feet on the east side of Glassell Street, and further described as 480 North Glasself Street (Press Box Sporis Bar and Grill); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Pe~7nit No. 2681 is adequate to serve as the required environmental documentaiion in connection with this request upon finding that the deciaration reflects the independent judgment of the lead agency and that it has considered ihe previously approved 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 Resolu~ion No. PC94-9, adopted in connection with Conditionai Use PeRnit No. 2681, by deleting Condi;ion No. 29 in its entireiy; and BE IT FURTHER RESOL'VED that the Anaheim City Planning Commission does hereby amend Resolution No. PC97-172 to reinstate this conditional use permit and to amend Condition No. 33 therein to read as follows: 33. That ihe live entertainment and dinner dance and three billiard tables shall expire in two (2) years from the date of this reso'uiion on March 29, 2001. AND BE IT FURTHER RESOLVE~ that the Pianning Commission does hereby add the following new condition to Resolution No. PC84-124, as amended by Resolution Nos. PC94-9 and PC97- 172: 35. That within a period of one (1) month from the date of this resolution, the un- permitted marquee wall sign shall be remove~. THE FOREGOING RESOLUTIO ~v adopted a the Planning Commission meeting of March 29, 1999. , f ' ~~ ;~ ~/1,,, ~ ~ CHAIRPER,~ N, RNAHEib1 CITY PLANNING COMMISSION ATfEST: ~ e1~" SECRETARY, ANAf IM ClTY PLANNING COMPAISSION -2- PC9S-59 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM } I, Margarita Solorio, Secretary oi the Anaheim City Planning Commission, do hereby certify that the foregoinq resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 29, 'i 999, by the foilowing vote of the members thereof: " AYES: COMMISSIONERS: BOSTWICK, BOY~STUN, SRISTOL, ESPING, KOOS, NAPOLES NOES: COMMISSIONERS: NOtVE ABSENT: COMMISSI4NERS: WILLIAMS /\ ,,,,•~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~ t~1 "~RlI•~ . 1999. l-' ~~fJl~'t.(]'" SECRETARY, NAHEIM CITY PLANNING COMMISSION -3- PC99-59