96-049 RESOLUTION NO. 96R-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING THE FINDINGS OF FACT AND
RECOMMENDATIONS OF HEARING OFFICER REVOKING
CONDITIONAL USE PERMIT NO. 1082 AND MODIFYING
CONDITIONAL USE PERMIT NO. 3422.
WHEREAS, on January 3, 1966 the Planning Commission
adopted Resolution No. 1893, Series 1965-66, approving
Conditional Use Permit No. 797 (to establish a restaurant with
waiver of minimum building and landscaped setback on property
located at 1339 North East Street, on the west side of East
Street, north of Kenwood Avenue); and
WHEREAS, subject property was then developed with a
restaurant known as the Pancake Carousel; and
WHEREAS, on December 30, 1968 the Planning Commission
adopted Resolution No. PC68-373 approving Conditional Use Permit
No. 1082 (to permit on-sale beer and wine in conjunction with the
serving of meals in an existing restaurant); and
WHEREAS, two exhibits were submitted by the applicant
depicting the site plan and floor plan of the existing
restaurant, and the approval of Conditional Use Permit No. 1082
was based, in part, on the finding: "That due to the fact that
the petitioner had indicated the serving of beer and wine would
be an incidental use in the serving of food and no bar was
proposed, the use would not be detrimental to the adjoining land
uses;" and
WHEREAS, in 1983 the restaurant changed ownership and
was remodeled with a western theme and continued to operate as a
full service restaurant with on-premises sale and consumption of
beer and wine as Joey's Barbecue Restaurant; and
WHEREAS, on June 20, 1991 the Zoning Administrator
adopted Decision No. ZA91-26 approving Conditional Use Permit No.
3422 (to permit on-sale alcoholic beverages in an existing
restaurant [Joey's Barbecue Restaurant] in connection with the
serving of meals and with waiver of minimum number of parking
spaces); and
WHEREAS, two exhibits that were submitted by the
applicant, and the approval of Conditional Use Permit No. 3422
was based, in part, on the finding: "That the proposed use,
consisting of on-sale alcoholic beverages in connection with the
serving of meals, is properly one for which a conditional use
permit is authorized by the Zoning Code;" and
WHEREAS, subject property has been zoned ML "Limited
Industrial" since December 1962 and is currently developed with
an approximately 3,640 square foot restaurant; and
WHEREAS, on August 21, 1995, the Planning Commission
directed staff to set subject Conditional Use Permit Nos. 1082
and 3422 for public hearing to consider the revocation or
modification of said use permits;
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on November
13, 1995, at 1:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear
and consider evidence for and against said proposed modification
or termination and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, On November 13, 1995, by its Resolution No. PC-
95-147, the Planning Commission terminated Conditional Use Permit
Nos. 1082 and 3422 (Sweetwater Saloon); and
WHEREAS, on December 5, 1995, John H. Weston, of Weston,
Sarno, Garrou & DeWitt, on behalf of the business owner
Montebello Hospitality Services, Inc. (Sweetwater Saloon), filed
a timely appeal of the Planning Commission's decision to
terminate the conditional use permit; and
WHEREAS, a Notice of the Public Hearing before a Hearing
officer regarding the appeal of the Planning Commission's
decision was duly given by the City, and the matter was duly
continued to February 26, 1996; and
WHEREAS, on February 26, 1996, the Hearing Officer
opened the public hearing relating to modification or termination
of Conditional Use Permit Nos. 1082 and 3422 and received oral
and written testimony.
WHEREAS, the City of Anaheim appeared and was
represented by John W. Poole, Code Enforcement Manager, and Selma
J. Mann, Deputy city Attorney; Appellant Dennis Sciotto, owner of
the subject property appeared on his own behalf; and Appellant
business owner Montebello Hospital Services, Inc. (Sweetwater
Saloon) had withdrawn from the proceeding; and
WHEREAS, witnesses were presented by both sides;
evidence, both oral and in writing, was received; and testimony
was received from interested members of the public; and
WHEREAS, the parties stipulated to the recitals,
findings and recommendations to the City Council; and
WHEREAS, on February 26, 1996, the public hearing was
continued to March 5, 1996, the date the transcript of the
proceeding was received by the Hearing Officer; and
WHEREAS, the Hearing Officer has, in accordance with
Section 1.12.110 of the Anaheim Municipal Code, prepared, or
caused to be prepared, the administrative record of the hearing;
and
WHEREAS, the Hearing Officer, having considered the
testimony of witnesses at the hearing, exhibits received at the
hearing, arguments and proposed findings of fact and
recommendations of counsel, has prepared Findings of Fact and
Recommendations of Hearing Officer to Anaheim City Council
pursuant to Anaheim Municipal Code Section 1.12.110 (the
"Findings of Fact"); and
WHEREAS, on March 25, 1996, the City received the
administrative record and the proposed Findings of Fact submitted
by the Hearing Officer; and
WHEREAS, on April 9, 1996, the City Council did consider
the administrative record and the written recommendations of the
Hearing Officer.
NOW, THREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the City Council hereby adopts those certain
findings as set forth in Article II (Findings for Termination or
Modification of C.U.P.) and Article III (Stipulated Facts),
Paragraphs A through J, inclusive, of the Findings of Fact
attached hereto, marked Exhibit A, and incorporated herein by
this reference as if set forth in full.
BE IT FURTHER RESOLVED, based on the foregoing Findings
and evidence, that the City Council:
A. Denies the appeal as to Conditional Use Permit No. 1082,
revokes Conditional Use Permit 1082 and resolves that
Planning Commission Resolution No. PC68-372 be, and the
same is hereby, declared null and void.
B. Grants the appeal as to Conditional Use Permit No. 3422
and modifies Conditional Use Permit No. 3422, subject to
the following conditions of approval:
1. That subject approval is exclusively for a bona fide
restaurant serving meals with on-premise sale and
3
consumption of alcoholic beverages incidental to, and in
conjunction with the serving of meals only. A "bona
fide restaurant" means a place which is regularly, and
in a bona fide manner, engaged primarily and kept open
for the serving of meals to guests for compensation and
which has suitable kitchen facilities connected
therewith as required by the Anaheim Municipal Code,
containing conveniences for cooking an assortment of
foods which may be required for ordinary meals, the
kitchen of which must be kept in a sanitary condition
with the proper amount of refrigeration for keeping food
on said premises and must comply with all the
regulations of the local department of health. "Meals"
means the usual assortment of foods commonly ordered at
various hours of the day; the service of such food and
victuals only as sandwiches or salads shall not be
deemed in compliance with this requirement. "Guests"
shall mean persons who, during the hours when meals are
regularly served therein, come to a bona fide restaurant
for the purpose of obtaining, and actually order and
obtain at such time, in good faith, a meal therein. No
approval is granted for a nightclub or public premises
establishment, as defined in the California Business and
Professions Code Section 12038, or for a "sexually-
oriented business" as defined under Section 18.89.020 of
the Anaheim Municipal Code.
2. That meals shall be offered and available from opening
time until either 10:00 P.M. or closing time, whichever
occurs first, on each day of operation.
3. That the subject alcoholic beverage license shall not be
exchanged for a public premise (bar) type license nor
shall the establishment be operated as a public premise
~- as defined in Section 23039 of the California Business
and Professions Code.
4. That the sale of alcoholic beverages for consumption off
the premises shall be prohibited.
5. That the gross sales of alcoholic beverages shall not
exceed fifty percent (50%) of the gross sales of all
retail sales during any three (3) month period. The
business owner/manager shall maintain records on a
quarterly basis indicating the separate amounts of sales
of alcoholic beverages and other items. These records
shall be made available for inspection by any City of
Anaheim Police Department, Budget and Audit, or Code
Enforcement official upon request.
4
6. That the activities occurring in conjunction with the
operation of this restaurant establishment shall not
cause noise or other disturbances to surrounding
properties.
7. That all doors serving subject restaurant shall conform
to the requirements of the Uniform Fire Code and shall
be kept closed and unlocked at all times during hours of
operation except for ingress/egress, delivers and in
cases of emergency.
8. That at all times when entertainment or dancing is
permitted, up to three uniformed security guards shall
be provided to the satisfaction of, and as required by
the Anaheim Police Department, the number to be
determined upon meaningful consultation by and between
the permittee, holder or lessee of the subject property
and the Anaheim Police Department, to deter unlawful
conduct on the part of employees or patrons, promote the
safe and orderly assembly and movement of patrons and
vehicles, and prevent disturbances to the neighborhood
by excessive noise created by patrons entering or
leaving the premises.
9. That there shall be no exterior advertising of any kind
or type, including advertising directed to the exterior
from within the building, promoting or indicating the
availability of alcoholic beverages with the exception
of one (1) sign indicating "cocktails", and one (1) sign
promoting accessory entertainment.
10. That the outdoor areas, including the parking lot and
any landscape areas serving the premises shall be
illuminated with lighting of sufficient power to make
easily discernible the appearance and conduct of all
persons on or about said areas. Said lighting shall be
directed, positioned and shielded in such a manner so as
not to illuminate into the windows of nearby residences.
11. That the interior of the facility shall be illuminated
with lighting of sufficient power to make easily
discernible the appearance and conduct of all persons
within the facility.
12. That there shall be no live entertainment, amplified
music or dancing permitted on the premise at any time
without issuance of proper permits as required by the
Anaheim Municipal Code.
13. That the business operator shall comply with Section
24200.5 of the California Business and Professions Code
so as not to employ or permit any persons to solicit or
encourage others, directly or indirectly, to buy them
drinks in the licensed premise under any commission,
percentage, salary, or other profit-sharing plan, scheme
or conspiracy.
14. That there shall be no coin-operated telephones on the
premises that are located outside of the building unless
such telephones are affixed to the building wall and
located within fifteen (15) feet of the main entrance to
the building.
15. That no flyers, handbills or other advertising displays
shall be posted on public property (such as utility
poles or utility boxes) advertising subject
establishment or any activities therein.
16. That there shall be no cover charge or admittance fee
required to gain access to the restaurant establishment.
17. That the raised stage area shall be removed and the
dining area converted back to its original condition as
indicated on the previously-approved plans and
specifications submitted by the applicant and on file in
the Planning Department marked Exhibit Nos. 1 and 2.
18. That Code Enforcement Staff shall be permitted to
inspect subject use bi-monthly for a period of one year
from the date of this City Council Resolution and on a
complaint basis thereafter. The petitioner shall be
responsible for paying the cost of each inspection in
accordance with fees in effect at the time the
inspections are made.
19. That subject property shall be developed substantially
in accordance with plans and specifications submitted to
the City Anaheim by the petitioner and which plans are
on file with the Planning Department marked Exhibit Nos.
1 and 2, with the exception that the bar area that has
been replaced with the waitress station may be permitted
to remain.
20. That Condition Nos. 2, 8 and 12, above-mentioned, shall
be complied with immediately upon adoption of this City
Council Resolution.
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21. That Condition Nos. 5, 7, 9, 10, 11, and 17, above-
mentioned, shall be completed within a period of ninety
(90) days from the date of this City Council Resolution.
22. That modification of the conditions of approval of this
conditional use permit does not constitute any action or
findings as to compliance regarding any applicable
ordinances, regulations or requirements.
23. That this conditional use permit shall expire two (2)
years from the date of this City Council Resolution.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of
Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is
governed by the provisions of Section 1094.6 of the Code of Civil
Procedure and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 9th day of April, 1996.
ATTEST:
18484. l\SMANN\032796 7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 96R-49 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 9th day of April, 1996, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None '~'
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-49
on the 9th day of April, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 9th day of April, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Resolution No. 96R-49 was duly passed and adopted by the City Council of the City of
Anaheim on Apdl 9th, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
IN RE: REVOCATION OR
MODIFICATION OF CONDITIONAL
USE PERMIT NOS. 1082 AND 3422
UNDER WHICH SWEETWATER SALOON
SERVES ALCOHOLIC BEVEPJtGES~ )
FINDINGS OF FACT AND RECOMMENDATIONS OF
HEARING OFFICER TO ANAHEIM CITY COUNCIL
PURSUANT TO A.M.C. § 1.12.110
This matter came on for hearing on February 26, 1996, on the
appeal of Montebello Hospitality Services, Inc. dba Sweetwater
Saloon from a decision of the Anaheim Planning Commission to
revoke Conditional Use Permit Nos. 1082 and 3422 under which the
Sweetwater Saloon serves alcoholic beverages. Dennis Sciotto, the
property owner and lessor, behalf of Appellant and Selma J. Mann,
Deputy City Attorney, appeared on behalf of the City of Anaheim.
The Hearing Officer, Victor J. Kaleta, having considered the
testimony of witnesses at the hearing, exhibits received at the
hearing, and arguments and stipulations of the parties finds as
follows:
FINDINGS
1. Proposed Recitals, Findings and Recommendations (City
Exhibit 2) were submitted on behalf of the City of Anaheim by
Selma Jo Mann, Deputy City Attorney, and were agreed to by Dennis
Sciotto, property owner an current Appellant. (Transcript Page
13, lines 252 -253)
2. The Condition K. 18. of Proposed Recitals, Findings and
Recommendations was modified at the hearing and was agreed to by
Appellant. (Transcript Page 21 , lines 419 - 438) The modified
condition reads:
"18. That Code Enforcement Staff shall be permitted to
inspect subject use bi-monthly for a period of one year
c~mplaiht basis thereafter. The petitioner shall be
responsible for paying the cost of each inspection in
accordance with fees in effect at the time the
inspections are made."
~diIBIT A
3. Conditions K. 18., K. 20., K. 21. and K. 24 should be
further modified to delete the words "Hearing Officer Decision"
and replace them with "City Council Decision" as the Hearing
Officer's authority is limited by Section 1.12.100 of the Anaheim
Municipal Code to making recommendations to the City Council.
4. There is evidentiary support for the Stipulated Facts listed
in the Proposed Recitals, Findings and Recommendations in the
City Exhibits and the Transcript of this Hearing.
5. The Proposed Recitals, Findings and Recommendations as
modified by 2. and 3. above read:
RECITALS: THE HISTORY OF THIS PROCEEDING
WHEREAS, on January 3, 1966 the Planning Commission
adopted Resolution No. 1893, Series 1965-66, approving
Conditional Use Permit No. 797 (to establish a restaurant
with waiver of minimum building and landscaped setback on
property located at 1339 North East Street, on the west side
of East Street, north of Kenwood Avenue); and
WHEREAS, subject property was then developed with a
restaurant known as the Pancake Carousel;
WHEREAS, on December 30, 1968 the Planning Commission
adopted Resolution No. PC68-373 approving Conditional Use
Permit No. 1082 (to permit on-sale beer and wine in
conjunction with the serving of meals in the existing
restaurant); and
WHEREAS, two exhibits were submitted by the applicant
depicting the site plan and floor plan of the existing
restaurant, and the approval of Conditional Use Permit No.
1082 was based, in part, on the finding: That due to the
fact that the petitioner had indicated the serving of beer
and wine would be an incidental use in the serving of food
and no bar was proposed, the use would not be detrimental to
the adjoining land uses; and
WHEREAS, in 1983 the restaurant changed ownership and
was remodeled with a western theme and continued to operate
as a full service restaurant with on-premises sale and
consumption of beer and wine as Joey's Barbecue Restaurant;
and
WHEREAS, on June 20, 1991 the Zoning Administrator
adopted Decision No. ZA91-26 approving Conditional Use Permit
No. 3422 (to permit on-sale alcoholic beverages in an
existing restaurant [Joey's Barbecue Restaurant] in
connection with the serving of meals and with waiver of
minimum number of parking spaces); and
2
WHEREAS, two exhibits that were submitted by the -
applicant, and the approval of Conditional Use Permit No.
3422 was based, in part, on the finding: That the proposed
use, consisting of on-sale alcoholic beverages in connection
with the serving of meals, is properly one for which a
conditional use permit is authorized by the Zoning Code; and
WHEREAS, subject property, has been zoned ML "Limited
Industrial" since December 1962 and is currently developed
with an approximately 3,640 square foot restaurant; and
WHEREAS, on August 21, 1995, the Planning Commission
directed staff to set subject Conditional Use Permit Nos.
1082 and 3422 for public hearing to consider the revocation
or modification of said use permits;
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on
November 13, 1995, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.03, to hear and consider evidence for and
against said proposed modification or termination and to
investigate and make findings and recommendations in
connection therewith; and
WHEREAS, On November 13, 1995, by its Resolution No.
PC-95-147, the Planning Commission terminated Conditional
Use Permit Nos. 1082 and 3422 (Sweetwater Saloon).
WHEREAS, on December 5, 1995, John H. Weston, of
Weston, Sarno, Garrou & DeWitt, on behalf of the business
owner Montebello Hospitality Services, Inc. (Sweetwater
Saloon), filed a timely appeal of the Planning Commission's
decision to terminate the conditional use permit.
WHEREAS, a Notice of the Public Hearing before a
Hearing Officer regarding the appeal of the Planning
Commission's decision was duly given by the City, and the
matter was duly continued to February 26, 1996; and
WHEREAS, on February 26, 1996, the Hearing Officer
opened the public hearing relating to modification or
termination of Conditional Use Permit Nos. 1082 and 3422 and
received oral and written testimony.
WHEREAS, the City of Anaheim appeared and was
represented by John W. Poole, Code Enforcement Manager Selma
J. Mann, Deputy City Attorney; Appellant Dennis Sciotto,
owner of the property appeared on his own behalf; and
Appellant business owner Montebello Hospital Services, Inc.
(Sweetwater Saloon) had withdrawn from the proceeding; and
3
WHEREAS, witnesses were presented by both sides;
evidence, both oral and in writing, was received; and
testimony was received from interested members of the
public; and
WHEREAS, the parties stipulated to these recitals,
findings and recommendations to the City Council.
?
II. FII~DINGS FOR TERi~INATION OR MODIFICATION OF C.U.P.
Section 18.03.092 of the Anaheim Municipal Code
provides for the modification or termination of conditional use
permits and variances on one or more of the following grounds:
.010 That the approval was obtained by fraud;
.020 That the use or variance for which such approval
is granted is not being exercised within the time
specified in such permit;
.030 That the use or variance for which such approval
was granted has ceased to exist or has been
suspended for one year or more;
.040 That the permit or variance granted is being, or
recently has been exercised contrary to the terms
or conditions of such approval, or in violation
of any statute, ordinance, law or regulation;
.050 That the use or variance for which the approval
was granted has been so exercised as to be
detrimental to the public health or safety, or so
as to constitute a nuisance;
.055 That the use or variance for which the approval
was granted has not been exercised, and that
based upon additional information or due to
changed circumstances, the facts necessary to
support one or more of the required showings for
the issuance of such entitlement as set forth in
this chapter no longer exists.
.060 That any such modification, including the
imposition of any additional conditions thereto,
is reasonably necessary to protect the public
peace, health, safety or general welfare, or
necessary to permit reasonable operation under
the conditional use permit or variance as
granted.
4
III. STIPULATED FACTS:
A. In March, 1995 the restaurant at the subject
premises changed ownership and is began operating as "Sweetwater
Saloon" and the application for business license indicates that
the type of business is a "restaurant with full cocktails.',
B. On October 24, 1995 the property owner of record
and the holder, user and/o? permittee of the subject property
were notified in writing, via certified mail, of the date, place
and time of the public hearing to consider the revocation or
modification of Conditional Use Permits No. 1082 and 3422.
C. City Code Enforcement records indicates that the
interior of the restaurant has been substantially altered from
the floor .plans previously approved under Conditional Use Permit
No. 1082 and Conditional Use Permit No. 3422: specifically, the
"cook station/waitress area" has been converted to a full-
service bar and a substantial number of tables or booths in the
~ customer seating area have been removed to accommodate a raised
stage and bar set-up around the stage area.
D. The primary business activity of the Sweetwater
Saloon was the sale of alcoholic beverages for on-site
consumption and providing live sexually-oriented entertainment
performed by female employees as opposed to the serving of meals
with incidental alcoholic beverage sales and providing "go go
style" dance performances.
E. The property owner has represented that the business
owner of the Sweetwater Saloon has been evicted, and that the
stage has been dismantled and removed from the premises.
F. The use for which approval was originally granted
under Conditional Use Permit No. 1082 (permitting on-sale beer
and wine in conjunction with the serving of meals) has ceased
to exist or has been suspended for one year or more, justifying
termination of said permit pursuant to Anaheim Municipal Code
Section 18.03.091.030, based on the following:
1. Conditional Use Permit No. 3422, permitting the on-
premises sale and consumption of alcoholic beverages in
conjunction with an existing restaurant, was approved
by the City Zoning Administrator in June 1991, and the
premises have subsequently been operating under a "Type
47" (On-Sale General Eating Place) permit from the
State of California Department of Alcoholic Beverage
Control authorizing the on-premises sale and
consumption of general liquor since 1991; and,
therefore, Conditional Use Permit No. 1082, permitting
on-sale beer and wine under a different type of ABC
permit, is no longer applicable or necessary.
5
2. Termination of Conditional Use Permit No. 1082 will
eliminate a duplication of similar entitlement upon the
premises.
G. Conditional Use Permit No. 3422 is being, or
recently has been, exercised contrary to the terms or conditions
of such approval, or in violation of any statute, ordinance, law
or regulation, justifying modification or termination of said
permit pursuant to Anaheim. Municipal Code subsection
18.03 092.040, based on the following:
Conditional Use Permit No. 3422 permits on-premises
sale and consumption of alcoholic beverages in
conjunction with an existing restaurant with waiver of
minimum number of parking spaces, and use of the
facility as a restaurant is an implicit term of the
granting of the permit. The business recently has not
been operating as a restaurant, because the floor plan
has recently been modified to include a "bar" thereby
replacing a cook station/waitress area and reducing the
minimum required food preparation area of the enclosed
restaurant from 25% of the gross floor area, as
required and set forth in Section 18.01.190 of the
Anaheim Municipal Code, to approximately 20%.
Furthermore, a substantial amount of customer seating
area has been removed and replaced by a raised stage
for the performing of live entertainment. Moreover,
the serving of meals has not been, the primary use or
source of revenue for the business, and the serving of
meals has been incidental to the sale of alcoholic
beverages and the viewing of live, sexually-oriented
entertainment.
2 Conditional Use Permit No. 3422 is being, or recently
has been exercised in violation of a statute,
ordinance, law or regulation. This finding is based
upon the following evidence:
3 Sexually-oriented entertainment has recently been
provided, conducted or performed upon the premises
without a valid permit from the City of Anaheim as
required by Section 18.89.030.010 of the Anaheim
Municipal Code, and in violation of the City's Sex
Oriented Business Ordinance (Chapter 18.89 of the
Anaheim Municipal Code);
Alterations made to the interior of the structure are
contrary to the findings and/or conditions of approval
granting such use, and that such interior alterations
or modifications are no longer in conformance to the
approved plan and specifications on file in the
Planning Department marked Exhibit No. 2 of Conditional
6
Use Permi5 No. 3422; and
5. Live entertainment is being, or has been, conducted or
performed on the premises involving the display of
Specified Anatomical Parts, or which constitutes
Specified Sexual Activities as defined in Section
18.89.020 of the Anaheim Municipal Code, and in
violation of the terms and conditions of the
Entertainment Permit issued by the City of Anaheim on
June 27, 1995.
H. The property owner has stipulated to termination
of Conditional Use Permit No. 1082, permitting on-sale beer and
wine in conjunction with the serving of meals.
I. The property owner wishes to retain Conditional
Use Permit No. 3422, subject to conditions which will ensure
operation as a resEaurant, in order to market the property for
a future tenant, and staff concurs that this is an appropriate
use for the property.
J. The property owner and staff concur that such
modification of Conditional Use Permit No. 3422, including the
imposition of the following additional conditions stipulated to
by the property owner, is reasonably necessary to protect the
public peace, health, safety and general welfare, or necessary
to permit reasonable operation under the conditional use permit
as granted, based upon the evidence set forth herein.
K. ADDITIONAL CONDITIONS OF APPROVAL-C.U.P. N0.3422
The following conditions are submitted by various City
departments acting as an interdepartmental committed and are
provided (as of February 20, 1996) if the Hearing Officer elects
to recommend that Conditional Use Permit No. 3422 be modified.
1. That subject approval is exclusively for a bona fide
restaurant serving meals with on-premise sale and
consumption of alcoholic beverages incidental to, and
in conjunction with the serving of meals only. A
"bona fide restaurant" means a place which is
regularly, and in a bona fide manner, engaged primarily
and kept open for the serving of meals to guests for
compensation and which has suitable kitchen facilities
connected therewith as required by the Anaheim
Municipal Code, containing conveniences for cooking an
assortment of foods which may be required for ordinary
meals, the kitchen of which must be kept in a sanitary
condition with the proper amount of refrigeration for
keeping food on said premises and must comply with all
the regulations of the local department of health.
"Meals" means the usual assortment of foods commonly
7
ordered at various hours of the day; the service of
such food and victuals only as sandwiches or salads
shall not be deemed in compliance with this
requirement. "Guests" shall mean persons who, during
the hours when meals are regularly served therein, come
to a bona fide restaurant for the purpose of obtaining,
and actually order and obtain at such time, in good
faith, a meal therein. No approval is granted for a
nightclub or public premises establishment, as defined
in the California Business and Professions Code Section
12038, or for a "sexually-oriented business" as defined
under Section 18.89.020 of the Anaheim Municipal Code.
2. That meals shall be offered and available from opening
time until either 10:00 P.M. or closing time, whichever
occurs first, on each day of operation.
3. That the subject alcoholic beverage license shall not
be exchanged for a public premise (bar) type license
~ nor shall the establishment be operated as a public
premise as defined in Section 23039 of the California
Business and Professions Code.
That the sale of alcoholic beverages for consumption
off the premises shall be prohibited.
5. That the gross sales of alcoholic beverages shall not
exceed fifty percent (50%) of the gross sales of all
retail sales during any three (3) month period. The
business owner/manager shall maintain records on a
quarterly basis indicating the separate amounts of
sales of alcoholic beverages and other items. These
records shall be made available for inspection by any
City of Anaheim Police Department, Budget and Audit, or
Code Enforcement official upon request.
6. That the activities occurring in conjunction with the
~' operation of this restaurant establishment shall not
cause noise or other disturbances to surrounding
properties.
7. That all doors serving subject restaurant shall conform
to the requirements of the Uniform Fire Code and shall
be kept closed and unlocked at all times during hours
of operation except for ingress/egress, delivers and in
cases of emergency.
8. That at all times when entertainment or dancing is
permitted, up to three uniformed security guards shall
be provided to the satisfaction of, and as required by
the Anaheim Police Department, the number to be
determined upon meaningful consultation by and between
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the permittee, holder or lessee of the subject property
and the Anaheim Police Department, to deter unlawful
conduct on the part of employees or patrons, promote
the safe and orderly assembly and movement of patrons
and vehicles, and prevent disturbances to the
neighborhood by excessive noise created by patrons
entering or leaving the premises.
9. That there shall be no exterior advertising of any kind
or type, including advertising directed to the exterior
from within the building, promoting or indicating the
availability of alcoholic beverages with the exception
of one (1) sign indicating "cocktails", and one
sign promoting accessory entertainment.
10. That the outdoor areas, including the parking lot and
any landscape areas serving the premises shall be
illuminated with lighting of sufficient power to make
easily discernible the appearance and conduct of all
persons on or about said areas. Said lighting shall be
directed, positioned and shielded in such a manner so
as not to illuminate into the windows of nearby
residences~
11. That the interior of the facility shall be illuminated
with lighting of sufficient power to make easily
discernible the appearance and conduct of all persons
within the facility.
12. That there shall be no live entertainment, amplified
music or dancing permitted on the premise at any time
without issuance of proper permits as required by the
Anaheim Municipal Code.
13. That the business operator shall comply with Section
24200.5 of the California Business and Professions Code
so as not to employ or permit any persons to solicit or
encourage others, directly or indirectly, to buy them
drinks in the licensed premise under any commission,
percentage, salary, or other profit-sharing plan,
scheme or conspiracy.
14. That there shall be no coin-operated telephones on the
premises that are located outside of the building
unless such telephones are affixed to the building wall
and located within fifteen (15) feet of the main
entrance to the building.
15. That no flyers, handbills or other advertising displays
shall be posted on public property (such as utility
poles or utility boxes) advertising subject
establishment or any activities therein.
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16. That there shall be no cover charge or admittance fee
required to gain access to the restaurant
establishment.
17. That the raised stage area shall be removed and the
dining area converted back to its original condition as
indicated on the previously-approved plans and
specifications submitted by the applicant and on file
in the Planning Department marked Exhibit Nos. 1 and 2.
18. That Code Enforcement Staff shall be permitted to
inspect subject use bi-monthly for a period of one year
from the date of commencement of business operation
authorized by this City Council Decision and on a
complaint basis thereafter. The petitioner shall be
responsible for paying the cost of each inspection in
accordance with fees in effect at the time'the
inspections are made.
19. That subject property shall be developed substantially
in accordance with plans and specifications submitted
to the City Anaheim by the petitioner and which plans
are on file with the Planning Department marked Exhibit
Nos. 1 and 2, with the exception that the bar area that
has been replaced with the waitress station may be
permitted to remain.
20. That Condition Nos. 2, 8 and 12, above-mentioned, shall
be complied with immediately upon adoption of this City
Council Decision.
21. That Condition Nos. 5, 7, 9, 10, 11, and 17, above-
mentioned, shall be completed within a period of ninety
(90) days from the date of this City Council Decision.
That modification of the conditions of approval of this
conditional use permit does not constitute any action
or findings as to compliance regarding any applicable
ordinances, regulations or requirements.
That this conditional use permit shall expire two (2)
years from the date of this City Council Decision."
RECOMMENDATION
Based on the foregoing Findings and evidence, the
Hearing Officer recommends that the City Council:
1. Deny the appeal as to Conditional Use Permit No. 1082
and revoke Conditional Use Permit No. 1082.
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2. Grant the appeal as to Conditional Use Permit No. 3422
and modify rather than revoke Conditional Use Permit
No. 3422. Conditional Use Permit No. 3422 should be
modified to incorporate the 23 conditions listed in
Finding 5, Section III, Paragraph K.
Respectfully submitted this 24th day of March 1996,
Victor J. K~leta
Hearing Officer
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