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Resolution-PC 99-87RESOLUTION NO. PC99-87 A RESQLU710N OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3823, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC96-31, AS AMENDED BY RESOLUTION NO. PC98-63, ADOPTED THEREWI7H WHEREAS, on March 4, 1996, Resolution No. PC96-31 was adopted by the Anaheim City Planning Commission to approve Conditional Use Permit No. 3823 and permit a sports bar with the sale of beer and wine for on-premises consumption and with waiver of minimum number of parking spaces at 5693 East Orangethorpe Avenue for a pzriod of two years; and that condition No. 16 of said resoiution specified that the use shall expire on March 5, 1998; and WHEREAS, on April 27, 1998, Resolution No. PC98-63 was adopted by the Planning Commission to amend Condition No. 16 of Resolution No. PC96-31 to read as foilows: 16. That subJect use permit shall be permitted for a period of one (1) year from the date of this resolution, and shall expire on March 4, 1999. WHEREAS, this property is developed with a commercial center, including subject corditional use (All American Sports Pub), located in the CL (Commercial, Limited) zone; and that the Anahei~n General Plan des~~qnates this property for Medium Density Residential land uses; and WHEREAS, the petifioner has requ~sted, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code, that this conditional use permit be reinstated by the modification of Condition No. 16 in order to retain the existing sports bar with sales of beer 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 May 24, 1999, at 1:30 p.m., notice of said public hearing having been duly given as required by lavr 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 flndings and recommendations in connection therewith; anci WHEREAS, said Commission, after due inspection, investigation and study made by itself and in it~ 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 Section 18.44.050.010 of the Anaheim Municipal Code. 2. That the size and shape of the site for the reinstated use is adequate to ailow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 3. That the traffic generated by the reinstated use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 4. 7hat reinstating this conditional use permit, under the conditions imposed, will not be detrimental to the peace, heaith, safety and general weifare of the citizens of the City of Anaheim. 5. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commiss(~n. CR3643PK.DOC -1- PC99-87 6. That the bus(ness operator anticipates that this property will be acquired by Cai Trans for future overpass construction of Imperial Highway, as discussed in paragraphs (6), (7) and (8) of tho Staff Report to the Pianning Commission dated May 24, 1995, Item No. 7. 7. That amending Condition No. 16 to reinstate the use for additionsl period of time wiil not adversely affect the adjoining land uses and the growth and development of the area in wis;:n it is located because no changes have occurred to the approved use which contradict the original findings for approval. 8. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nar to the public peace, health, safety and generai welfare; and that Code Enforcement staff has indicated there are no aending violations for this property and Police Department staff has concurred with reinstatement for up to two years. 9. That no one indicated their presence at the pub~ic hearing in opposition to th~ proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; That the Anaheim City Planning Commission has reviewed the proposal to retain the existing sports bar with the saie of beer and wine for on-premises consumption and with waiver of minimum number of parF:ing spaces on a irregularly- shaped, 1.9-acre property located at the northwest corner of Orangethorpe AvEnue and Imperial Highway, wi!h frontages of 304 feet on the north side of Orangethorpe Avenue and 240 feet on the west side of Imperial Highway, and further described as 5693 East Orangethorpe Avenue (All American Sports Pub); and does hereby find that the Negative Deciaration previously approved (n connection with Conditi~nai Use Permit No. 3823 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reFlects the fndependen: judgment of the lead agency and that it has considered the previously approved Negative Dec!aration together with any comments received during the public review process and furt.her finding on the basis of the initial study and ariy comments received that there is no substantial evidence that the project will have a significant ~ffect on the environment. NOW, 'T'HEREFORE, BE 17 RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC96-31, as amended by Resolution No. PC98-63 and adopted in connection with Condiiional Use Permit No. 3823, to reinstate this conr+'.tional use permit and to amend Condition No. 16 therein to read as follows: 16. That subject use permit shall pire March , 1. THE FOREGOING RESOLUTI a ado d at nn(ng Commission meeting of May 24, 1999. -~: CHAIRPER N, AN IM CITI' PLANNING COMMISSION ATTEST: %~~~~ ~a~,e~.~ SFCRETARY, AHEIM CITY PLANNING COMMfSSION CR3643PK.DOC -2- PC99-87 ; ~. 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 May 24, 1999, by the following vote of tt;e members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ESPING IN WITNESS WHEREOF, I have hereunto set my hand this ~~Sf day of __~, 1999. /~~i.U~ ~'~~i~ ~OtO/eC(1-~ SECRETARY, AN EIM C1TY PLANNING COMMISSION CR3643PK.DOC -3- PC99-87