Resolution-PC 96-107~ ~
RES L ION NO PC9C~10?
A RESOLUTION OF THE ANAHEiM CITY PIANN~NG COMMISSION
AMENDING CERTAIN CONDITIONS OF A?PROVAL OF
ORDINANCE NO. ~~C N~ ;~~ NECTtGN W~TH
WHEREAS. on Apru 10~ 1945, tha Ctry Councp adopced Ordinance No. 684 apProving `~ ariance
No. 1945~3 to construct a restaurant;
WHEREAS, Paragraph 2(c) ot said wd~nance contains the fdlowing flve condftlons:
•t. That at no time shall any alcohdlc be~+erages be sdd, kept for sale or dispensed on said ie~
prop4rty
2. TF~t at no time sha~l any dancing be done. perfcxmed a~~~ °~~ °~ ~~ r~ ~~~~•
3. Ttiat si no time shall any errtertainmaM be prav~ded, ca~ied °~~ d0~ °r perfo~~ on ~~ r~
p~o~~, ~~~d, however that for the purposes of this ordi"ance, the word 'eMertainmeM' shall not
be deemed to indude the selling, dispensinfl ar~:/c+r consumption af food and/or sdt drinks.
4. That the display of eMe~or ur~~ signs shall not exceed four (4) signs with a maximum aggre~a:e area
h!s condltion !s paraphrased herein.)
of 140-square feet (r
5, That the owners of said real proPenY enter into an agreement wfth the Ciry~ ~~~hereln. ~ure legal
p~~~~~9g ursder the ~igM of eminent domain• (Thls conditlon is peraF
WHEREAS, subject property~ zoned CG 'COmmercial, General; is develoPed ~^'ith an
approxirrvately 6,2~12 sq.ft.~ two-staY, s~~c~ ~me buflding which was orlflinally constn~ct~~ ~s ~~
storage facUiry and corne-'ted ~n the Iate t940's to a restaurerrt use~ and that a buUding pe
_ on Octaber 9~ 1950~or a d« I~ ~ j~ ~urarrt (ceust~nomer Farlc~r~9 P~~ Y°~urs across an ailey in a
orrto, or on-sfce pa ~-9~
public parking Iot), and
1M1'HEREAS, s~blect buS~^ess~ a restaurant/banquet facUity wfth on-premises sa~e of bee~ and
wine, is cuRently ope~ating under a Clty business Iicense for a restaurant wfth bee~ a-~d wine (to exp(re on
November 1~ a996. 41 On~~ B~~ a~i~n ~ting Placen license~that allows the sa~e of beer and wine
renewed), a YP8
in a restaurant.
WHEREAS, on May 19, 19?2, the Zoning Code was amended in connectfon with Orclfnance
No. 5306 to delete restaurants wnh, or wnhouc, co~~p founges in the CG Zo~e as a pri~ry Pe~m~ ~
and that a condftional use PemdS is no~u required 4or the same use•
WHEREAS, the City Planning Commiss~on did hdd a public h~ring at the CNic Ce-Ker in
the Ciry of Anaheim on July ~~ ~~ wfth te prrn+islons d t e Anahelm MunicipalaCode C~P ~ make
as required by law e~d~~ ~ e~ against said ProPosed amendment and to Irnestigate a
to hear and cons~d was continued to the
flndings and recommendatio~ in ~~bn therewith: ar~d that sab pu~~ ~~ng
August 19, Sepcember 30, and October 14, 1996 Pianning Commisslon ~r-eetings; and
WHERFJ-S~ safd Commiss~on~ aRer due inspection~ Irnestigatio~ and study made by liaeif
and in fts behalf~ and after due co~s~deratfon of all evkience and repoRs offered at satd haar~n9~ does find
arxl determ'.ne the fdlowing facts: P(~;-107
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CR2759DM
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~. That on May 29, 1996, the Planning Corr-mission set subjec4 var~ance fo~ puWic
rsuaM to the prc~risions of SectRcation) ~~~p A~e m
hearingto consider revocaUon ~ 18.03~092 9rounds for tertnination/mod
for termination/modiflcatio~l
Municipai Code: ~~~y ~, q~~t t9 and
2. 'ha: subJect puWk hearing was rroMinued from to wcuk with stafi to darify t~e
mission mQieU~9and for the reepres~ e csf the Pr~KY' °~'`~ to be
September 30, 1996 Pia~',n~• q Com
cuRent and proP~~ u~ ~~ •.he subJect PraPe~Y
~ preseM; ubl~ haaring. induding staK reports
3. That based on the testfrt-cnY submrited at the P
varianc~ for which a-~P~a ~ In
~ated July 22, Au9ust 19. SePtember 30 and October 14, to thet tertns a condftions d such aPP~
graMed is being, or recerrtfy has been. oxer~ised contrary uiadon:
violation of Ordi~ance No. 684, or fn violatbn d any statuce, ordinancc~. Saw or ~9 the staff
4 ~~~ ~~ t~~ny submmed at the Pudtc hearing, Induding
ust 19~ SePtember 30 and Odober 14~ 1996, the uso varf2ince tor wh~kh
reports dated July 22~ ~9 ~ exercfsed as to be detrimental to the publlc heatt,h or safetY~ or so as
QpP~~ ~ grar~ted has been
to constftuce a nutsanco~ ~ d additio~al conditLans. is reasonaWY
5. That modiFlcaUon. Induding the imposl~ to iem~R reasonaao
necessan/ to protec.t tha publlc peace, health, safery or general wetfare~ or necessary 4
R or vatlance as 9raMed~
operation u;~der the condftlor-al use F-ertn rerr-ises sale and
6. TF~t Vartance No. 194,5~~3 should be modi~ed to alla~r on-P
wkh a rest~;irant wfth new coc~ditions, because the original a;;~x°"~
consumptio~ d alc~ In C°^^~~ cuRent standarcis; and
under OrcJinance No. 6B4 c~ains conditions wh~h are recommended by
That no one indlcated their presence at said puW~ hearing in opposftb~; and that
7' itbn to the subJect petitlon.
no conespo~den~:e was receNed in opp~
~~ r^v~~~lA ENVIRO M°M'A~ QUAUN ~~N~INU: Tha Planning Director's
~horiz,3d represontatlve has~detertn~~-e~ ~t the {xo~~ PfOI~ ~ls wfthin !he definftion d~ ~eg ~
Exemptbns, q~ 21, as de8ned in the Scate EIR Guidolines end is. thereforo, categork~i Y
a
tho requirement to PrePare an EIR. '`
NC3y11 7HEREFORE BE IT RESOLVED chet the ~'~~m ~ P~n~~~ ~m~~un doa:
No. 684~ adopted In connealon wich Varfance No. t945~, to amend the
hereby amend ~ ~ ~~ ~r~, ~ tdlows:
condRions d appr
ted as a'Bo~a Flde Publ~ Eatinfl Ptace" as d~ defin ~o o~~
1. That the establishmeM shall be ~~ Professior-s Code and as fuRher deflned by
23.'~38 d the CallEomfa Business
•Restaurarri' in Sectio~ 18.01.090 of the ,~aheim Mun~ipa~ C~e.
malntained on the ProPeRY unloss Iicensed by Alccahdl:
2. That th~e shal~ be no ber a lou ~ ~~~
Bevecage Contrd and apPro+~ed by ~Y
with a fuU meal shall be avaqable irom ope~~r~y tlme urrii ~ither 10:00 P.m. tx
3. That faod sen+ice rs flrst, on each day d~~t~'
closin9 time~ whichever oc~u 1~ premises et eny
4. That there sha-~ be no Pod tables or cofn~oPereted 4a~^e5 ^'~fntained uP~ -
time. a}~ omises (bar) ty~~e
5. That subject alcohdlC tsevera9e Iir,ense sF~~ not be exchanged tor a pu Pr
I the estaW~rrx~rrt be operated as a pubtic premises as ctetined In Sec~an 23039
I~enae rwr she~ Professfons Cade.
d the Califomia Business ard p~t07
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,~cern (aa~) ot ~,e
g, That the quarterly gross sales of alca~~ ~ e~~~ PP~~ shall maintai~ records on a
gross sales af food and meals du~e amounts of sales of alcoholtc beverages as comPared to the
y~yaneriy basis indkatin9 tt~ ~~t~ ~e~ These rec~ds shal~ be made avaAable for inspecdon
sales of food arxi non-a~cohd
by any CitY d~~Im ofHcial when req~~•
unless a Sex Oriented Bus!ness"
rated as a s~c-oriented business ifled music or
7. That the business shall not be ope o rtnits as re4uired by
PertnR is flrst obtained: and, further~ that ~ew 'J~ ~~ ~~~~ ~ gm
danc6ng permltied on the (xemisss at anY ~ Alcohd~ Beverage Contrd (AB%)•
zhe qrahefm Munktpal Ccade a~d the DepartmeM
tlo~ Off the Premises sh311 be ENOhiblted.
ic bevera9es for consumP
8. That the sale of alaohd
induding advenising directed tOtion
9. ' That there sha~l be rw e~e ~~ ~ Irxi~icatnigng the avail biltry~ ~h~~c ~e~g~' ~h the exc~p
exterior ftom within~ Promot 9~ps'
of one (1) sign indicating'cc~c
10. That the actNfties occurr~n~ in canjundion wfth ths operatlon of thfs es~~ishmer-t shall not cause
noise disturbance to surtuunding P~~~• itted o~lY be~v~-ee,~ the
11. That salas~ se-~k:e and cons~mPtio~ ~ alcohdic beverages shali be P~
hours of 10 am. and mldnight, SundaY through ThursdaY and b~twes+i the hours a 10 e rd Board
, a.m. on Friday arxJ SaturdaY~ or in complete cnmpliance with the Alcohd Beverage Cont
Ikense•
12. That the ProP~~Y ~r shaU submft ~a ~ettec~ itxlica i~ byo~~' t~ T~afflc~r dbTr~a^s ~t~ ton
ness~ for" review and app
spaces for the subject busi tion Manager 'shall have the discretio~ef.~uiring a
Marsa9er. The CRy Trafflc and TransPa'~ led by the propei'h~
reciprocal Park~"9 a9reement based on the Ir~fom~ation suppl
rator st~a!I complY wi~h Sectbn 24200.5 oi the Business and Pr~e ~o~s~C~o
13. That the business ope ~~y ~g to solicit or encourage others, direcUY
so as not to emWoY ~' P~ ~~ under any commission~ Perc~98~ sala~'Y~ or other Proflt-
~uy tlYvn drin{cs in the ~k%ensed~~~ =
sharing plan, scheme the State
rmitted, uniformed and I~ensed (bY
14. That at all Umes when entertainment or dancing is pe or trons. and P
uards sha~l be provided to the satisfactEon of t rorrwte t e
DopartmeM of Cons~mer Affairs) se~~MY 9 ~~ employ6es Pa
` pulice Departmsr-t to deter unlawtu~ cond~~ on 4h~ a~ vehldes~ and PreveM disturbance t° ~e
> safe and ordedy assemb~Y and movement of pe ~e premises•
8~~ ~~~ted by patrc~ns entcring or leavin9
neighborhood by excessfv >
That all doors. sen+lnfl subJed restaurarrt shal~ nlocked at a~ll Umes dur~n9~ours of operation
15. ~I ~ kept dos~d a
Unifortn Flre Code and in cases d emer9en~Y•
except for fng~s/e9ress, delNe~les and ,
- 'ioc~ted outslde the buqding and wit,hin the
bl~ telepiwnes °^ the P~~Y ~ due to a Ixeach d contrect
16: That there sheil be no pu qRnot be reri-av
~ contrd of the ap~k~M. If the exi.5tin9 telephone calls sttial~ oc~~.
or cannot be maved inslde the buYding, no incomin9 30 da d the date
17. 7hat bupding parmi~s ~I ~~~ ~ utr~~ ~~~ ~in thirty ( 1, Y$
of this resdution~ for all unpe~m
t an admitiance fee shall not be ~harged unlASS aPP~~"ed by the separate aPp~i~Uon for and
18. Tha n~y Use Pertnn permlttin9 a Public Dance Hall or other entertainme~ as
aPprwa~ of a Cond
pertnitted by Code.
p(~6-107
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19. That the owner of the subject business shall pay for the cost of periodic Code Enforesment
inspections, as deemed necessary bY ~~e Enforcement staff, to address Code violations, not to
1 such inspection per month.
exceed one ( )
e shal! be limited to apy existing pertnftted signs, unlert ar~d RecommEndatio s' ftem.
2p, That signa9 ~oved by the . lanning Commission as a"Repo
is revlewed and aPP subsequent
of this resalution and all the conditions of approval herein, or anyo ees of the
21. That a copy
resoiutiQns, shall be posted ~~ the ir.terior of the restaurant, in plain view of the em y
buslness; and, further, that this resolution sha~~ be made available upon the request of any Code
=- ~ Eniorcement officer or any peace offlcer.
22. That Condition Nos. 1 te of his ' e d~io~~i.ve-mentioned, shall be completed within a period o"r thirty
\
~ (30) days from the da
icatien constitutes approval of the proposed request only to the extent that
~~--. Iicabie Cfty~ State and
. 23; ~':That approval of this appl roval
K compiies with the Anaheim Municipal Za~j~9 C0 ~jon or findings as o compliance or app
Federa~ regulations. Approval does not lnclude any
of the sequest regarding any other app~i~~e o~~~nce, regulation or requirement.
That the properryl owner shall notify the Anaheim Arts CouncA ninery (9~) days prior to any
9 p of such
24. ~~ ,~,
~anticipated change or remuval of the existtn wall mural and snall rovide proo or cop
notice to the Zoning Division.
THE FOREGOING RESOLUTION was adopted a the Planning Commission meeting af
October 14, 1996. `•
CHAIRMAN, ANAHEIM CITY IANNING COMMISSION
ATTEST: , ,
~ ~ a~.ti~
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNiA )
COUNTY OF ORANGE S ~• ,
CITY OF ANP~FiEIM )
1, Edith L Harris, Secretarll of the Anaheim Ciry Planning Commissfon, Plannf 9 Commiss on
the foregoing resoluUon was passed and adopted at a meeting of the Anaheim Ciry
held on October 14, 1996, by the following vote of the members thereof:
AYES: COMMISSIONERS: B ONE ICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS. N
ABSENT: CAMMISSIONERS: NONE ,~j'~. day pf
IN WITNESS WHEREOF, I have hereunto set my hand this , -
1996.
SECRET Y; ANAHEIM CI PIANNiNG COMMISSION
PCg6-107
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