Resolution-PC 99-7RESOLIlTIAN NO PC99-7
A RESOLUTION OF THE ANAHEIh4 CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3873 BE GRANTED
WHEREAS, on September 16, 1996, the Anaheim Planning Commission adopted
Resolution No. PC96-93 approving Conditional Use Permit No. 3873, in part, to permit a restaurant with a
micro-brewery in a previously-approved 8,327 sq.ft. banquet faciliry at 1939 South State College
Boulevard; and that waiver of minimum number of parking spaces was deleted; and
WHEREAS, on January 5, 1998, the Planniny Commission adopted Resolution No.
PC98-3 amending Conditional Use Permit No. 3873 to permit live entertainment and deletion of the
brewery; said that resolution included the following condition of apE ~oval:
13. That the accessory public entertainment portion of this restaurant shall expire on January 5,
1999.
WHEREAS, this property is developed as a 8,327 sq.ft. restauranf (Hop City Blues and
Brew Restaurant) in the ML (Limited Industrial) zone; and that the Anaheim General Plan designates this
property for Business Office/ Servicellndustrial land uses; and •
WHEREAS, the petitioner has requested, pursuant to Code Section 18.03.093.040 of the
Anaheim Municipal Code, that the live entertainment be reinstated and the Condition No. 13 be amer,~ed
to permit the use until January 5, 2002; and
WHEREAS, the City Planning Commission did hold a public hearing at the Ci~~ic Center in
the City of Anaheim on January 4, 1999 at 1:30 p.m., notice of said public hearing having been duiy given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter i 8.03,
to hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith.
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the use is properly one for ~vhich a conditional use permit is authorized by the
Anaheim Municipal and that the proposal to reinstate and retain public entertainment in conjunction with a
previously-aoproved restaurant with sales of alcoholic beverages for on-premises consumption is
authorized by Section 18.03.093 of the Anaheim Municipal Code.
2. Th~at this restaurant with public entertainment will operate under the same conditions and
stipulations as originally approved.
3. That the accessory publfc entertainment use will not significantly affect this property
because the property is large enough to support continuation of this business and the public
entertainment use.
4. That, as conditioned, continuation of the accessory public entertainment use will not be a
detriment to the peace, health, safety and general welfare of the cilizens of the City of Anaheim.
5. 7hat no one indicated their presence at the public hearinc~ in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING; That the Anaheim City
Planning Comm(ssion has reviewed the proposal and does hereby find that the Negative Oeclaration
CR3523PK.DOC = i - PC99-7
previously approved in connection with this conditional use permit is adequate to serve as the required
e~vironmental documentation in connection with ttiis request upor, Finding that the declaration reFlects the
independent j~~9gment of the lead agency and that it has considered the previously approved Negative
Declaration iogether with any comments received during the public review process and further finding on
the basi~ of the initial study and any comments received that there is no substantial evidence that the
projec; wili have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby reinstate live entertainrnent in conjunction wilh a restaurant with on-premises sale and
consumption of alcohoiic beverages; and
BE IT FURTHER RESOLVED that the Pl2nning Commission does hereby amend
Condition No. 13 of Resolution No. PC96-93, adopted in connection with ~onditional Use Permit No. 3873
and amended by Resolution No. PC98-3, to read as follows:
13. That the accessory public entertainment portion flf this restaurant shall expire on
January 5, 2002.
BE IT FURTHER RESOLVED that the Anaheim Cit}r Planning Commission does he;eby
find and determine that adoption of this Resoiution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set fo~th. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the firial judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall te deemed nu~l and void.
THE FOREGOING RESOLUTIO s dopted a he~ lanning Commission meeting of
January 4, 1999. ~
'- -, ~~f
CHAIRPER N, EfM CIN PLP.NNING COMMISSION
ATTEST:
SECRETARY, NAHEIM CITY PLANNING COMPdISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
lhat the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 4, 1999, by the following vote of the members thereof:
AYES: CO~~AMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES,
NOES: COMMISSIONERS: NONE
ABSEN7: COMMISSIONERS: ESPING, WILLIAMS
IN WITNESS WHEREOF, I have hereunto set my hand this ~j~~ day of
1999.
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SECR TAR ANAHEIM CITY PLANNING COMMISSION
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