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Resolution-PC 92-75h i. '. B.F.~1S~.L1G!! NO. PC~2=75 ~ A RESOLUTIp~I OF THE ANAHEIM CI1Y PLANNINC C~MMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL IJSE PERMIT NQ. 3421 ~NHEREAS, on June 17, 199i, the Anahsim City Plannin9 Corr~mission approved Conditional Use Permit Ma. 3421 under resolution No. PC92•89 to parmit a public dance hall with waiver of minimum number of parking spaces on property located at the no~theast corner of Alameda Avenue and Brookhurst Street, having frontages of approximately 270 feet on tho n~rth side oi Alameda Avenue and 195 feet on the east side of Broakhurst Street, and further described as 500 North F3rookhurst Street; and INFIERCAS, Resolution No. PC91-89 includes the toflawing conditions: "3. That a parking agreement for at least fort~ four (44) off-site parking spaa~s, in a form satisfactory to the City Ari~rney, shail be obtained from the adjacRnt property owner to the north. ~ copy o! tha agreement shail be submitted to the Zoning Division. "6. That this conditional use permit is grar~ted tor a pe~iod of nne !~1) year and shall terminate on Juno 17, 1992." WHER~S, subJect proporty is currently developed with an approximately 9,470-square-foot rostaurarn/bar and has beon zoned CL (Commercial, ~mited) since September, 1972. A dinner/dance permit was issued for the subject property an February 22, 1~9?.; and WHFRE.IS, the p9titioner now requests deletion c,f the Conditfor~s of ~pproval pertaining to the time limitation and off-site parking agreemeM tor the previously- approvod public dance hall. WHEREAS, the Ciry Plenning Cummission did hn!d a publi~ haaring at tlie Civic Ce~tar in the Ciry of Maheirn on June 15, 1992, at 1:30 p.m., notice of sad puCfic hearing having b~~n duly given as rec~uired by law and in acx:ordance with the pravisiQns of the Anah~im Mun.cipal Code, Chapter 18.~, to hear ~nd consfd~r evidence tor anJ against said proposed amendment and to investigat~ and make findings and reoommendt~tions in canneGtion therewith; and WHEREAS. safa Cammi~sion, after clue inspection, investigation end study made by itsAlf end in its behell, and after due cansideretion of ell evidencc~ an~ reports oftored at said hearing, does tind ar~d determine the following faats: CR1521 M5.wp ~1- PC92-75 ,. ,~ , ,„,~. ~ 1. That the existing restaurant/bar use has been in operation for approximately 15 years without imp~sinG an undue burden upon the street~ and highways desi~ned and improved to carry traffic in the immediate area, nar creating ~ negative impact on the surrouriding properties. 2. Tliat the deletian of Condition No. 3 of Resolutl~n No. PC91-89 requiring a parking agreement to pruvide an additional ~orty four (44) off-site parking spacas will n4t cause an increase in traffic congostion in the immediat~ vicinity i7or adversely affect any adjoining land usos nor be detrimental to the peace, health, s~fety or general welfare of the surrounding community. 3. That the existing public dance hall u~e has b~en in operation for less th~n one (~) year without being a detriment ta the surro~inding community. 4. 1'hat no one indicated their presence at said public hearing in c;pposition; and that no correspondence was received in opposition to the subJect petition. ~~I,E.ORNIAENVIHONM~NTA ~UALfTYA~TFINDING: ThatthvMaheim Ciry Planning Commisaio~ has reviowed the Fropasal tc~ amend or delete certain conditions af approval pertaining to the time limitation and off-site parking agreement ~or a previously-approved public dance hali and doos hereby find that the Negative Declaration previously aaproved in connect;on with Conditfonal Use PermR No. 3421 is ~dequate to serve as the requir~d anvironmental documentation in conne~tian with this request. NOW, THEFt~FOHE, BE IY HE50WED that the Anaheim City Planning Commission does here~y amend Resolution No. PC91-89 as foilows: 1. Delote Condition No. 3 in its entirery; 2. Am~nd Conditian No. 6 t~ read: 'That subject ttse permit shell expire three (3) years from the date of this resolution; pravide~, however, that time extonsions may be requested in oonnection witl~ a public hearing and, if approved, tho uso may coniir,ue for the additional specitied time." 3. Add the following new conclitions: 8. 1'hat a IandscApe and iRigation plan shall be submitted to and approved by the Pianning ~epartmer~t !or the replanting and perrnanent rnairttenancn of the minimum three (3) foot wide land~caped strip between tho parking lot area and ~ne pubiic rights•of-way along Brookhurst Streoi and Valley Street. S~id plan shal! be submitted to the Planning DopartmeM ~ithfn thi!t;+ (30) days !~om t1-~a date of :I~is resol«tion and the IandsCaping shal! be installed within sixty (60) days trom the date of Resolution ho. PCS~-75 (by S~ptember 15, 1992)• .2_ PC92-7~ ~ ~ 9. That the b~oken ~nd/or rniss'.ng doors sorvicing tf~e trash onclosura be repalred within r~inoty (90) days aft~r 5~ptember 15, 1992. 10. That the parking lot area shall ba restri~ec: within ninety (90) days hom the date of Resolution No. PC~2•75 (by September 15, 1392) in accordance with the pians and specificatians on file in the Pl~nning ~o~artment f~r Conditiona{ Use Permit No. 3421 ma~ked Exhibit N~. 1. BE IT FURTHEfi RESOWED that the Anaheim City Pl~nning CommissEon does hereby iind and determine that adoption of this Resoluti~n is expressly predictited upon applicant's compliance with each and all of the conditions herainab~ve set iorth. Should any ~uch condition, or any p2rt the~ eof, be dectared invalid or unenforceable by the final Judgment of any court of competent jurisdictian, ihen this R~solution, and eny approva{s herein contained, shall be deemed null and voici. THE FOREGOING RFSOLUI'ION w~s adopted at the Planning Commissior. meeting of June 15, 1992. ~" ' /~ _~ N"I~iMAN, ANAH~I I P COMMISSION ATTEST: _. ~'~l7 lL4n.lt~ y~, c~lu.a~ SECR~TA(~iY, AHEIM CITY PLANNING C:OMMISSION STATE OF CALIFOFstJIA ) COUN i Y OF ORANGE ) ss. GI7Y QF ANAHEIM ) f, Mar~arita Solario, Secratary of tho Anahefm City Planninq Commission, do hereby certiiy that the toregaing reso(utiun was passed and adopt~d at a meeting of the Anaheim ~ity F'lanning Commissfon held on June ~5, 1992, by the following vote o` the members thereof: AYES: COMMIBS~ONERS: BOUAS, gR13TOL, HELLYER, HENNINGER, ti~ESSE, ZEMEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: °ERAZ~- IN WITNESS WHEREOF, I have hereunto s~t my ha~d this „_,.~~~ day of ( G~ _ 1992. ~ i' %/i ihCi ,z ,~'~:~1_o'~ct~ SECREfAR , A1 H~IM CITY PLANNING COMMI5SInN ~. PC92-75 . ~, , „~ X ~•