Resolution-PC 95-71~
~p ,I,~1 ITION NO. P 95-71.
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A RESOLU710N OF THE ANAW~Ifv! CITY PI.AN~lING CC7MMISSION
AMENDING RESOLUTION N0. P~a5-125
ADOF'7ED IN CONN~GTION WITH CONDITIONAL USE P~F~MIT NC~. 26a5
WHEREAS, on May 13, 1985 tiie Anaheim Gfty Planning Commisslon appravad Conditinnai
Use Perm~t Na. 2685 under Rosolutlan I~o. PC85-125 (pormfttii~g expansion of an oxisting restaurant with
a cocldall launge with w~iver of minimu SQ~~ Qf tha conierlinof La Palm~ AvAnue, and further descrlbeti
of 7ust~n Av~enuA, appraximately 350 Feo
as i07A North Tustin Avenue (Mr. J's); and that na further act(on was t~Ken by tha City Council.
WHERE,AS, the petiticmer, S~m Joh~r, requesta~i ~evi~ew c~f revisod pians to determine
substar~tlai ~onformance with exhibkm ~oharusubmfttedaOettH~wfthd~t~wi g that~ epu~gtl U~e Permit No.
2685; and ~hat on June 11, 1995, J
WNEREAS, the City Planning Commission inftia!ed a request to conside,r madtfication ar
turmina~lon of Conditional Use Permiore of t e grounds listed n No~ce of Pu AciHearing d~ted June i5,
Anahelm Munic{pal Cade on ~ne o
1955 and maile~ June 16, 1995.
WH~REAS, tho Cixy Planning Commission did hold a pubiir he~aring at the Civic Cenxar in
the City of Anaheim on June 26, 1995, at 1:30 p.m., -aotico o~ snid public hAaring having beer~ du~y 91~~n
as roquirad by law and in ar,cordanae wlth tho provisions of the Anaheim Municip~l C~d~, Chapter 18.U~,
to hear and canside~ ovfdenco for ande gndin saaru~rpecomlrn~ dat~n~ inecon ection thierefwith; andermit
No. 2685 and to ir~vestigate a~nd ma 9
VUl~EREd1S, Section ~e mits on~one oA mor~o c~fi theifalowi g g ounciseS f~r the modifica4ion
~r terminatiun wf c~or~dlt~pnal use p
°.010 That the ~pp~oval was obtained by fraud;
.020 That the us~ for which such appraval was granted is not bein~ exerciseci within the time speciffed
in such permit;
.030 Th~it the use far which such appraval was grant~d has ceased to oxist or I~as boen suspended f~r
ono year qr moro;
.040 7hat tho parmit granted is b~ a~~S~tuta,~lo dinanconiaw orir gula i~n~ f~ the terms or conditions
qf such approvai, ar in viol~tian o y
.05Q That ihe use far wh(ch the app onstituae a nui;~--ces be~n so exercised as to be dotrimentaf t~ th~
public hoatth or s~fety, or so as to c
.Q55 That the use for which the approvai v~~as granted ~'-as not been dx~rclsed, and tiiat based upon
additl~nal infc~rmatian or du~ to chnceo su h entftlemeni ~s settfarth ngCt~a~ ar 18.03~c o ~onger exlst~;f
the required ghowin~s for the issua
.060 That ar+y mociification, includfn~g h~g~th, saf~ty or gen~ awelfar~,'or ne e~ssary ta pormtt roasnnable
~ecessary to pratdct tho publfc poac ,
operation under ihe condEtional use permit a:; grantad."
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WMEREAS, said Commiasion, after clue inspectian, Invostigation and study mada by itseif
and in its behalf, and after duo ca~sidaration of ~II evidence and reparts offerod at sald hearing, doos find
and determino the following facts:
1, That subject restaurant was originally e4tablished under Conditional Use I'ermlt No. 1484
approved by thnclasodf res au ~nt`with a cocldail loung )?and that norfurthe ~ ct~lon was~ta en byChe, Ci~ty
(permitting an e
Council;
2. That approval ~f subject Conditional Uso Permit No. 268a permitt~d expansion of the exlsting
restaurant with a cockrail Ioung9 (B~ssie Walls) ~tnd wafvor vf min(mum number of parking spaces; and
3. That ~ne (1) pc~rson indlcetod his presence at the puW(c i~earing in opposition 4o the proposal;
and that no correspcandenca wa~ receh~eti fn opposition;
q.. That, in acc~ardance wtth 5octlori 18.Q3.092 of the Anaheim Municfpal Cafa, the amen~lment
cantainetl hereln Is rc+as s flb~ inallcos~ ~~a restaur~n~ w h~an acoes ory cocktailriounge);t ~n~~r the
conditional usQ perm 9 Y~J
~. That subject conditianai use pormit is bc~ing, and has reGantly beAn, ~exercised cantrary to the
terms and conditians Qf the original ~pprovai becauso the perrnltted uso is a restaurant wtth an accessory
cocktail lounfle bui the prosent operation Indicate~ the restaura~t is no longvr th~ prfmary uso; that a large
stage area, usad for entertainment pu~posos, has bean located in the center of the first floo~ dining ~rea;
that the cacktail lounge was relocated ta the first ~oor and incarporated into th~ dining aroa; that the floor
plan rofloc4s increasca~l emphasis on cocktail launge activfties rather than 4he ariginaliy approved rostaurant
servlce; and that, based on s~veral ffeld inspections, Ciry staff believes tho current business operator is
~ond~cting R nlghtclub wlth ~ntortainment and accessory food aervice.
~,/'~,~ORNIe NVIRO Jy~N_'~~. ~l~A~ ~TP ACT FiNpIN : The Planning D(rec~tor or his
authorizAd representative has dotarmined that the pruposed proJect fall, withln tho dofinitlon of Cate~Jarlcal
Exemptions, Class 21, as def6nal in the State af Calffornai ~nvironmontal impa~t Report (EIR) Gu(cleifnes
and is, tharefore, categorically exampt from the requfrement to prepare an EIR.
NOW, THEREFORE, ~~ 17 RE~OLVED that the Anaheim City Planning Commissf~an does
hereby amond Rr~solutfun No. PC85-125, +~doptod in connection with Conditianal Uso Pe~mit No. 2685, bY
adding the fallowfr~g new canditions which are hereby found to be a necessary prerequisf2e to preserve
the safety and general welfare of the Cftizens ofi the City of Anaheim:
1~4. That subJect approval Is exc{u3ively for a restaurant with an accessory cocktail loun~e. No
appraval is granted for the sale of alcoholic bevora~es other than as an aacessary to a n~n
fide rea+~~~~~n a~?N111a meals, nar for a nightclub, nar for a"sexually-orient~ed business" as
defi ~i Qd under Soction 16.89.020 of the Anaheim Municipal Ccxie. (A "bona fide restA~rant"
moans a place which is regulariy, and in a bona fide manner, engaged primarlly gnd kept
open for tho serving of m6~ls to guests for ~compansatian ancf which has suitable kftchen
f~iailitios connected therewitli as requirec! by the Anahoim "Aunfclpal Ccxte, conta(nin~
convenlence~ for coolcing an assortrnent of fnoda which may be royuirod for ordinary meals,
4he kftchon of which must be kepx t~ a sanitary conditfon wfth 4he pro~or amount t~f
reirigeratfon for iceeping af fcsod on said premisAS and must comply wfth ~I! the regulatlons
of the local department o~ h~a{ih. "Meala" moans the u~ual assortment of ~aod~ commarrly
o~derod at various hours ~f the day; the servic~ of such food and victuals anly as
sandwichos or salads ahail not t7e deemed a c~mpliance wtth thls requirement. "Guests"
sha11 mean persons who, du~ing ti~e hours when meaRs ero regulnrly sen+ed therefn, come
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to a bana ficla re3teurant fas the purposa of obtalning, and actually order ~nd obta(n at su~h
time, in good fRitii, a meal therein.)
~ 5. 7h~at the quarteriy gross sains of ~xlcoholic bovoragas sliall not excead the gr~as sales af
fnr~d and meals during the sc~me tfine porind. 7he awner shall at ali times ma(ritain rACOrds
which soparately reflect the gross sales ~f foc~d ~nci thp ~ross sales af alcohalic beverages
uf subjoct ~estaurant. Said records shall be kopt and 3ummarized no Ioss froyuently than
on a quarteriy basis and ahall ba made avaflable tc~ the Cade Enforcement Division cr Police
Department on demand.
16. That subject Conditlonai Use F'ermit No. 268~ shali axplre in one (1) year, on Juno 2S, 19~6.
17. 7hat the subJect alcoholic beverago Iicanae shaA -tot b~ exchanged for a public premis~ type
(1'ype 48) IlCensa nor shal! the restaurant br~ operated a~ a public premises.
18, That the parking lat of the premi~es shali bR equlpped with lighting of sufficient power ta
filuminate and make ens~~y ~iis~cernibia tho appea~anco and a~nduct of all person~ an ar
~bout the parking lot.
1 g. 'That there shall be no pool t~bles or coin-opQrated games maintafned upon the premises
at ariy timc~.
2p. That food service wEth an availabl~a meal shall be available from npaning tim~~ until 1p:00
p.m, pr closin~ time, whicl~ever occurs first on each day of oporation.
WNEREA-S, the Planning Cammission, by mat(on, accspted tha ap~l(cant's withdrawal of
his r~yuest for rouiew of revlsed plans for a substantiai conformance determfnation.
BE IT FURTHER RESOLVEq that th~ Anaheim ~City Pianning Commissfon dGes hereby find
and determ(no th~t ad~ption of this Resolution is sxpressly pradicateri upon appEicant°s cpmp{lan~e wlth
each and all of the cor~ditions heralnabove sat forth. Sf7ould any such canditfon, ar any part :hereof, b~e
declared invalid ~r unenfarceahle by the flnal jucigment a~f any court of camp~tont jurisdiction, then tS~is
I~esolution, and any Approvais heroin ~~ntalned, shall be d~e~ed null and voici.
THE F~R~GOING RCS4LUTION
June 26, 1995.
was ap~ted at the PlanPing Cammfgsion maeting of
~~~,.~i~C,l.,~.% ~ • ~-~ C.t.~c..l
CMA~IRWAMAN, ANAhI~IM CITY PLANNING CC-MN9ISSION
ATTEST: .
~f- _ ' Q ° ~l~.. ..:~Y.~-~.e ~~
~ Cf~ErARY, ANAf-ICINI ~ PLA~IPII-.J~a C IUIMISSIQN
STATE OF CAUFORNfA }
CC~UNT'Y OF ORAN3E ) s~.
CITY OF ANAHElM )
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I, Nlarg~rit~ Solorio, Secretary of the Anahelm City Plann(ng Commisslon, do heroby certlfy
that the fore~oing resolutlon was nassed and adopt~,d at a meeting of the Anaheim Ciry Planning
Cammisslan held on June ?.6, 1995, by the fallowin~ vote nf the members thereof:
AYES: COMMISSIOIVERS: BOSTWICK, BOYDSTUN, CALDWEL~, FIENN6NGER, MESS~, PERAZA
NDES: COMMI5SIONERS: NONE
ABSENT: CORAiU11SSI0NEAS: MAYER
IN WI'I'NESS WH~REOF, I have hereunto set my hand this „~~ day of ~ ,
1 J95. /~ .
( i.---l~ .~ ~, 1/~. ~v b n~i 1R ~i,, ""~ a f 111 /1 ~~~ I/~~ i I l! 1.1__.
CRE'T~ ,Y aAR NAHEIM CI~~' PLANNING CONd1V11SSI0N
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