Resolution-PC 94-9RESO UTION Np. PC94•9
A RESULUTIQN OF TI~IE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION N0. PC85-124 ADOPTEO IN CONNECTION 'NI7H
GONDITIONAL U8E PERMI7 NO. 2681
V~/HEREAS, on May 13, 1985 the Anehalm City Planning Commtssion approved Conditional
Use PQrmit No. 2861 permitting a semi•onclosed restaurant with on-proml5a salo and consump:fon of
alcoholfc bevorages with waiv9r af minimum number ot parking cpaces on property located at the southeast
carner of Frontera Street enrl Glessell StreAt and Turther described as 48U North GlASSelI Street (formerly
knawn as Pasta Manana); ~nd
VJHEREAS, Mark Dtgirolamo, : nrner of the proposod restaur~nt (Piranha's Bar and Spirits),
requests amendm~nt ta the floor plana proviously appraved In connectlon with Conditlon lVo. 23 of
Resolutlon No. PC85-124, to a!low billfard tables in an existing restaurant wfth on-premise sale And
consumption of alcoholic beverages; and
WH[:FiEAS, the City F'I~nning Gommissfon d(d hold a publfc tiearing at the Civtc Center In
the City of Analieim on January 24, 1~J4, at 1:30 a.m., notice of said public hoaring having been duly
givon As required by law and In accordance with the provisions oF the Anahe(m Municipal Code, Chapter
19.03, to haar and corss(der evidenca for an~~ against said proposed ~mendment and to investigat4 and
make find(ngs and rocornmendations in connoctian ther~with; and
WHEREAS, said Commfss(on, after due fnspection, fnvestigation and ~tudy made t,y itself
and in its behat(, anci after duo conslderat(on of ail evidence and repons oPtered at soid hoarfng, does find
ond detormine thQ following lacts:
t. 7hat, eithouflh tho pr~posed use fs not I(stod in tho 2onin~ Code as boing a permitted use
in tho ML "Industrial, Limited" 2ona, the proposed billiard tables will bo an accessory use to a prevfously
approved rostaurant with on-sale alcohol(c beverages nnd waiver ~f the mfnimum number of parking
spaces (~reviousty approved under Resclution No. PC85•124) and that the billfani tabins are proposed
within a portion of the dirinr~ area bt~t the rernafning 1,500 squaro faet of dining araa will bo malntained
as a rostaurant, which will remaln tho prfmary u3e;
2. That the proposed accossory use, consfstfng ot no moro thsn four (4) bfll(ard tabies fn a
restaurant as recomrnended by both the Code Eniort:em~nt Divfsion ot the Planning Department and tlio
Police DQpartment, will not advorsely alfe~t tha nd(oining land uses and ihe growth and dovelopmont of
tliF area in which it Is proposed to be Ic~catod;
3. That tlio site and shapa ot the site i~r tha proposed use is adequAte to allow the full
clQVelopmont of the proposal use (n n manner not dotrimontol to tlie partEcular area nor to the poace,
health, satoty, and general wel(are;
4. That the Yraltic generbtecl by tho proposod use w!!I not Impose an undue burdan upon the
strec~ts and htghways dnsigned and improved to carry tha traNlc in tho arpn;
5. That the flranting of iho proposed condition;~i use permit urxlPr the conditfons Imposeci wlll
not be cfetrimental to the peace, health, sataty and fleneral weifare of ths ci:izens o( the CEty of Anahelm;
and
6. That no ono indicated thelr presence at saW ~iublfc hearing in opposition; and that no
correspondence was received in opp4sition to tho sub~~ct patition.
CH S 4i~37MS. WF •t - PC94-9
CALIFORNIA ~NVIRQNM€tJ7AL ~UAI.I'1'Y ACT FINDIN : Th~t the Anaheim City Planning
Commission has tevlewed the proposal to amend the floor plans provlously approved In connectinn with
Condition No. 23 of Resofutlon No. PC85-121, to allow bllllard tables fn an existfnp restaurant with on•
premise sale and consumption of alcoholir, beveraflos and doas hareby iind that the Nagative Declaretion
previously approved in connection with Condftional Use Permit No. 2Sa1 is adequate to serve ~as the
required environmental documentation In connection with this request upon iindfng that the declaratlon
re(lects the independent Judgement of the lead ag~ncy and that it has considerod the Negatlvo Declaratlon
toc~ethor with any comments recelved during the public rovie~N process a~d further flnBing an the basis
of the initfal study and any comments teceived that thera is no suhstantial evfdence th~t the proJect wlll
Fiave a signific&nt effect on tho environmant.
NOW, THEREFORE, BE ~T r1E~OlVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC0.5-124 by amond(ng the conditlans of approval as tollows:
Amend exfst(ng Conditfon PJo. 23 to ret~d:
"23. That subJect property shall be dQVefopod substantlally In nccordance with plans and spociilcations
submitted to the City of Anahefm by ihe petitio„ar ~nd wtiich plans aro on file with the Planning
Department marked Hsvision No. 1 of Exhlblt Uos. 1 through 4."
Add the following f~ur new Condition PJos. 27, 28, 29 and 30 to read:
"27. That subJoct business shall continuously adhere to the following conditlons, as requlred by the Police
Departmont
~. Food service Including meals shall be availabl~ until one (1) beforo closing time on every day
of operatlon.
b. The alcoholic beverage Iicense shall not be exchanged for a publlc pramises type Ilcens~, nor
shall the pramises be operatad as a public prernlses.
c, The sale oi alcoholic boverages lor consumption off the premfsos shall be prahibited.
d. The querterly gross sales of ~Icoholic beverages shall not exceeci the c~ross sales of food or
other co:nmodities durinfl the same period.
h. There sh~li be no exterior advertising of any klnd oc type, includlrtg advertising dlrected to the
~xterior irom within the building, promoting or indicotin4 the availabillty of alcohollc beveragQS.
~. Na alcohol(c beverages ahatl be cons~med on any property adJacent to the premises under
thc~ control af the applfcant.
I. The promises shall bo malrtained as a bona ifde re5taurant and shall provfde a menu
contafnfr-g an ~ssortment oi ic~ods normally otiereyd in a rostaurant.
m. Tliere sha~l be no Iive ~nteRainment, amplified music or dancing permitted on the premises at
any time.
n. There shall bt~ no more than four (A) pool tables maintafnad upon tlia premises at any cime.
o. Thore shall be no coin operated games maintained upon the premises at any tirne.
.2_ PC94•9
2E1. That prfor to cnmmencem~nt of the activity authoriz~d by thi~ resolutfon which amends Rosalutfon
No. PC85•124, or prior to Issuance oi a b~liding permit, or within a period ~f one (1) year from the
date of this rosolution, whichevor occurs first, Condltion No. 23, abave-mentloned, shall be complled
wfth. Extansions for furthor time to complete safd conditlons may be granteci In accordance with
Section 18.U3.090 of tl~o Anaheim Municipal Code.
29. That sub)oct uso pormit Is granted for a perlod of five (5) years to oxpire on January 24, 1999;
providod, however, that time e;ctenslons may be souflht In cor•nection with Plc~rming Commissian
pubfic hoarings.
30. That appraval of this ~pplication constitutes approval of tho proposed requost only to the extent thbt
it complles with the Anaheim Municfpal Zoning Code and any ~ther appllaable City, Steto and
Federal regulations. Approval does net include any actior. ar iindings as to complianco ~r approval
of the rAquest regarding any othor applicab~e ordinanco, regulation or roqufrement "
7H~ ~OREUOING RESOLUTION was adonted at tho Plann~ng Commission meeting of
January 24, ~994. ~ „ ~ ~ •?
~ ' ~ ~l~ ' w ,~
CHAIRMAN, ANAF~EI CITY RCANNING COMMISSION
ATTEST:
/ ~ ~' 6^~ „ ~ ... ~
E .TANY, ANAH 1 ITY PLANNING COMMISSION
~TATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Janet L. Jensen, Secretary of tho Anaheim Ciry Plann{ng Commis~lon, do heraby certify
that the foregoing resoiutlan was pa~sod and adoptcJ at a meeting oi the Anaheim City Ptanning
Commission held on Januar/ 24, 1994, by the following voto of the members thereoi:
AYES: COMMISSIONERS: BQYDSTUN, CALDWEIL, MAYER, MESSE, PERAZA, TAIT
NOES: COR4MISSIOiVERS: NONE
ABSENT: COMMISSIONERS: HENNINGER
IN WITNES'3'NHEfiEOF, I have hereunto set my hand this ~t~ day of ~ ,
1994.
- ~_i
~~ CRETARY, ANAH CITY PLANNING COMMiSSION
.3. PC94-9