Resolution-PC 96-100~ ~
RESOLUTION NO. PC96-100
A RESOLUTION OF TliE ANAHEIM CITY PLAN~IING COMMISSION
AMENDING RESOLUTION NO. 185, SERIE5 1961-fi2, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 188
W{1EREAS, on Decembsr 27, 1961, Conditional Use Permft No. 188 was granted under
Resolution lJo. 185, Se~ies 1961-62, by the Anaheim City Plann(ng Commisston to permft a restauraM with
cocktail lou~ge on property consisting of approximately 0.9 acre, having a trontage of approximately 175
feet on the east side of Kraemer Boulevard, having a maulmum depth of approxir~ately 216 feet, betng
located approximately 242 feet south of the centerline of Coronado Street, and further desc~ibed as 1160
North Kraemer Boulevard; and
' WHEREAS, on September 4,199&, the Planning Commission dfrected that subJect corxiitional
use permit be scheduled for public hearing to consider the revocation or mod~icatiun thereaf, pursuant to
the provisions of Sectlons 18.03.091 and 18.03.092 of the Anaheim Mun(clpal Code; and
WHEREAS, the CEty Planning Commfssian did hdd a public hoaring at the Civic Center in
the City of Anahefm oc~ September 30, 1996, at 1:30 p.m., notice of sakJ publ~ hearing having boen duly
given as required by law and (n accordance wf[h the pra°lislons of the Anahefm Mun~ipal Code, Chapter
18.03, to hear and c~nsider evidence for and against said proposed revocation or modification and to
invdstigate and make flndings and recommendations !n connection therewRh.
WHEREAS, saki Commissfon, after due inspection, investigation and study made by ftself
and in fts t~ehalf, and after due cons(deration of all evidence and reports offered at said hearing, does find
and determine the f~ilowing facts:
1. That on Septerc:ber 12, 1995, SpecHic Plan No. 94-1 was adopted, placing subJect property
in Development Area 3'La Palma Core` of the 'Northeast Area SpecfFic Plan";
2. That subject property is developed wfth an approximat~ly 5,400 sq.ft. rE;taurant/public
dance hall (Bobbv's Shack; wkh on-premises sale and consumptfon of alcohdic beverages arxJ Iive
entertainment;
3. That subject use perm( , being, or recenUy has bedn, exercised contrary to the terms or
condftions of its approval, or in violatl~~n of certafn statutes, ordinances, laws or regulations (Section
18.03.092.040 of the Anaheim Mun(cipal Code);
4. That the use for which approval was granted has been so exercised as to be detrfinental
to the public health or safery, or so as to const{tute a nufsance (Section 18.03.092.050);
5. That modffication, induding the imposition of addftional condftions thereto, Is reasonably
necessary to protect the public peace, health, safery or general welfare, or necessary to psrmft reasonabla
operation under the conc-ftional use permit or variance as granted (Section 18.03.092.070);
6. That the evfdence presented by the Anaheim Pdice Department and the Cocie Enforcement
Divisian dur~ng the publ~ hea~ing concludes that subject restaurant wfth ca;ktail lounge has experienced
a high number of service calls; and that based on substantiated compatnts, the corxiRions of approval
pertaining to Condftional Use Permit No. 188 chould be modfFied to prevent fu(cure problems regarding the
on-premises sale and ~nsumption af alcohdic beverages; and
CR2748DM.WP -1- PC96-100
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7. That no one indtpted thelr presence at said publ~ hearing in opposiclon; and that no
cwresporxlonce was recehred in opposition to the subJect propa5al.
~AUFORNtA ENVIROIvMENTAL C~UAUTY ACT FINDING: The Plannfng Director's
authorized representative has determined that the proposed project fails withln the defln(tion of C,~iegwkal
Exemptions, qass 21, as de~fiined in the State EIR fufdelines and fs, therefwe, catego~aily exempt ftom
the requlrement to prepare an EiR.
NOW, THFREFORE, BE IT RESOLVED ttiat the Anaheim Clry Planning Commission does hereby
amend Resolution Mo. 1t35, Series 1961-62, adopted in connection with Condittonat Use PeRnft P1o. 188,
to add the fdlowing conditions:
8. That the property owner shall remove the unpeRnitted structure (shed) from subject properry or
~obtain the proper buGding pe~nfts to retain sa(d ~tructure.
9. That no outdoor activities, including but not limfted to dfning, drinking, entertainment, dancing, etc.,
shall be permitted.
10. That the subject restaurant and accessory cocktaii lounge shall c~ntinuou~y adhere to the f~!lowing
conditions, as requfred by the Pdice Department:
a. That food service, including meals, shall be availabie untU 11:00 p.m. or dosing time, wh~hever
occurs flrst, on every day of operation.
b. 7hat the afcohdic bevorage I~ense shall be transferred from the current business owne:'s name
to the curcent property owner's name, or the name of a new business owner wfth tt~irty (30)
days of the date of this rasolutla~:, or submft R-roof oF applicatbn for same. SubJectl(cense shall
not be exchanged for a public ~romises type Itcensa nor shall the premises be aperated as a
pubUc premises.
c. That the sr~le of alcohd~ beverages for off-premises consumption shalt be prchibked.
d. That Rhe sales of alcnhdic t~everages s~hall not exceed forty (4096) of the g;oss saies. The
a~~ilcarrt shail mafntain records on a quarterly basis Indlcating th~a separate amounts af sales
. of alcohdic beverages, and other items. These recorcis sh.~ll be -nade avaiiable for inspectlon
by any Ciry of Anaheim official when requested.
` e. That entertainment provided on the premises shall confi~rm to the Ctry of Mahuim Noise
Ordinance.
f. That th9 exterior doors shall be kept dosed at all times dur(ng the oper~tion of ihe premises
except in cases of emergency and to permft deliveries.
g. That there shall be no exterior advertising devices of any k(nd ar type (such as signs), inclt~ing
advertising directed to the exterfor from Irrside the buflding, promoting or indicating the
ava(labiliry uf elcoholic beverages.
h. That the parking lot serving th(s businass shall be equipped wfth Iighting of suffic!ent power to
illuminate and make easAy dfscemibl~ the appearance and conduct of all personA un or about
the parking lot The Iighting in the area shall be shielded to prevent unreasonat~s Glumination
of the window areas of nearby businesses.
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i. 7hat the number of persons attending any eveM at the subJect properh- shal~ no~ e~~ t~
maximum occupancy load as detertnined by the Anaheim Flre Depart~m be immediately~ and
nine [299] persons). Signs specifying the ma~imum occupancy
prominently displayed wiCn~n the premises.
j. That sales~ service and consumption of aicohdic beverages shall be Permitted only between the
hpurs of 10 a.m. and 2 a.m.
k. Tnat at any Ume entertalnment is provkied on the Premises~ ~e PfOP~~Y ~er shall provida
unffomied and Ik:ensed (by the State Bursau of Consumer Affa~rsl se~~ritY 9~~s in a number
as required by the Anaheim Pdice DepaRmeM-
I. That Yhere shall be a maxlm~~m d two (2) pod ttx~les anc~ three (3) dart boards at. subject
business ard that no cef~-aperated games may rr~arnainEd upon the p~~err~lses at any time.
m. SubJect business shall not employ ~x pem-it arY F~ers~s to solicit or encourage others, direcily
or indirecdy, to buy them drinks in the I:csns~c! psemises under any commisston, percentage,
salary, or otFrtx ~:~'~it-sharing plan, scheme or consPiracy.
11. That there shall be no cotn•operated or credit card telephones on the property that are located
outside the building and within the coMrd c` the proPerhr owner.
12. That the owner of the subject bus~r~ess sha~l pay for the cost of any Code Enforcement inspectio~+s
which may be ~equired to address Code vidailons.
13. That all customer parldn9 sha~~ be contained on-site, unless legal written permission ftom an adJacent
property owner is obtained to allow parking on adjacent property(s).
14. Q~him~~> days om the date~of this esolutiobnve-mentioned, shall be completed withfn a period
15. s bmittedo the Gry of Meheim by the petlt oner~and wh~hdplans a et~on fl with tS he Plann~n9
Department marked Exhibit Nos. 2~ 3 and 4.
16. That approval of this applkk~tion consthutes epproval of the proposed request onty to the excant that
it compiles with tl~e Anaheim Mun~ipal Zoning Code and any other appl~able Giry, State and
Federal regulatk,ns. Approval does not indude any action or flndi!~gs as to complislnce or approvai
of tha request regard~ng any oth~r appl~ade a'd~rxince~ regulatbn ar requirement.
THE FOREGOING RESOLUTION was adopted at the F ~anning Commission meeting of
September 30, 1996.
CH~JRt~1AN, ANAHEIM CI PIANNING COMMISSIQN
ATTEST: ~,'0'~~
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SECRETARY, fIHEIM CITY PLANNING COMMISSION
~. PC96-1 QO
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STATE OF CALJFORNIA )
COUP[TY OF ORAIdGE ) ss.
CITY OF ANAHEIM )
I, Maryarita Solorio. Ser.~etary of the Anahoim Gty Planntng Commisston, do hereby certtfy
that the foregoing resolutlon was passed and adopted at a meeting oF rche Anaheim City Planning
Commfsslon held on September 30, 1996, by tho fdlawing vote of the members thereof:
AYES: COMMISSIOIvER5: BnSTWICK, BOYDSTUN, BRlSTOi., HENNINGFR, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABS~NT: GOMMISSIONERS: P:GiVE
IN WfTNESS ~;rhIEREOF, I have hereunto set my hand this ~S~ day of ^~Ol}Grl~~l .
1 ~6.
SECRETARY, A EIM GTY PIANNING COMMISSION
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.q_ PG96-100