Resolution-PC 94-45RESOLUTION NO. PC9~3•4~
/1 RESOLUTION OF TFIE ANAI-IEIM CITY PLANNING COMMISSION
THAT PETII'ION FOR CONDITIONAL USE PERMIT N0. 3670 BE GRANTED
WHEREAS, the Anaheirn City Planning Commission did receivo a verified Petition for
Conditional Use Permit for certain real preporty situAted In the City of Anahelm, County of Orange, State
of Calitornia, desr.ribec as:
THA7 POR71pN OF THE SOUT'HWEST OUART~R OF SECTION 12, TOWNSHIP
4 SOUTH, RANGE 11 WEST, IN 7HE RANCHQ LOS COYOTES, IN THE CITY OF
ANAI~iEIM, COUNTY OF ORANGE, STATE OF CALIFC~RNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS
OF QRANGE COUN'fY, CALIFORNIA, f~ESCRIBED AS FOLLQWS:
PARCEL B, A~; SHOWN ON A MAP FILED IN BOQK 42, PAGE 29 OF PARCEL,
b1APS IN 7HE OFFICE QF 7HE COUNTY RECORDER C~F ORANGE COUNTY,
CALI FORNIA.
WHEREAS, the Cfty Planning Commission did ho!d a pubiic hoaring at the Civic Center
in the City nf Anaheim on April A, 199~3 at 1:30 p.m., natico of said public hearinp having boen duly given
as requir~d by law and in accordance with tFie provisions of the Anahelm Municipal Code, Chapter 16.03,
to hear and conc>Idor evid~r~c~ for and against said proposed conditfonal use pormit and to investfgate and
make findinc~s and recommendations in connection therewith; and
WHEREAS, safd Commfssion, after duo inspoction, investigation and study made by ~tself
and in its behalf, and aftQr due cansideration of ail evldance and reports oHerod at safd hearing, does find
and determfne the foliowing facts:
1. That the proposed use Is prop~rly one f~r which a conditional use permit is ~uthorized by
Anatioim Munic(pal Code 5ectiun t8.44.050.01G to permit the on-premisec sale and consumptlon of
alcoholic beveragos fn conjunction with an exist(ng restaurant/billiard center with musical entertainment;
2. That tr~e proposed usa Is consistent with tho Anaheirri General Pian and with the
surrounding commerciaf lancl uses;
3. That the use is horeby approved for a period of one year to provide the opportunity for
City review of the proposed onoration to determine whether the facility has any datrlmontal effects on the
surroundfng area and that, at the end ~f thfs period the petitfoner may request that this time Ilmitation be
deleted In canJunctlon with a publfc hearing;
4. That the pruposed use will not adversely at'ect the adjoin(ng lancl uses and the growth and
devetopment of the area fn which it is proposed to be located and that tho existing far,ility has beer
operatiny at this location for one year without apparent de2riment tu the surrourding area;
5. 71iat the sfze and shape of the sito for the proposed use is adequate to allow the futt
development of the proposed use (n a manner not detrirriental to tha part(cular area nor to the peace,
hoalth, sa(ety, and general welfare;
6. That the tratfic generated by the pr~pased uso will nut impose an undue burden upon the
streets and hlc~hways designed and improved to carry the traffic in the area;
CR2063MS.WP -t - PC94-45
7. That the granting ot the conditional use permit under the condltlons Imposed wfll not be
detrlmental to the poace, hoalth, saf~ty and general welfare o' tha citizons of the City of Anahelm; and
8. That no one Indicat~d thoir presence at said public hearfng in opposition; and that no
correspor~dence ~aas recefved In ~pE~osition to the subJnct petitlun.
CALIFORNIA ENVIRQNMFNTAL ~UALITY ACT FINDIN~a: That the Anahelm City Planning
Commissi~n has reviewed the proposal to permit tho on-premises sa(a and consumntlon of alcoholic
beverac~es in conJuncticn with an oxisting rastaurant/billiard center with musical entertainment on a
reclanc~ularly-shaped parcol of land consisting af approximately 0.67 acre, having a frontage of
approximately 90 feet on the east side of eeach Boulevard, havlnc~ a maxfmum depth nf approximately 301
feet, be(ng located approximately 1050 feet north ~f the centerline of Lincoln Avenue and further described
as 314 North Beach Boulevard; and does hereby approva the Nec~ative Declaretion upon findfn~ that the
declaration roflects the indepsndent ~udgement of the lead agency and that it has considered the Negative
Declaration togotlier with any comments received dur(ng the publlc re~diew process and further finding on
the basis of the initial study and any comments received that thero is no substantial evidance tFiat the
projoct w(II have a signiticant e(fQCt on the environment.
NOW, THEREFORE, BE IT FiESOWED that the Anahefm City Planning Comrnlsslon d~es
horoby c~rant subjact Petition for Conditional Use Permit, upon the following aonditions which are horaby
found to bo a necessary prerequisite to the proposed :~se of the subJect property in order to preservo the
saFety and c~c~neral welfare of the Citizens of the City of Anaheim:
1. That this conditional use pormit shall exp(ro one (1) year from the date ot this resolut(on; prcvided,
hawever, that th(s condition may be amended or deleted upon reques4 b)~ the petitioner in
conJunction with a future publ(c hoaring.
2. That the owner of subject property shall submit a lottor requosting tormination of Conditional Use
Permit Nos. 3593 (permitting on-premise~ salo and consumption of alcohalic beverages in conJunctinn
wltf~ a restaurnnt and bllliard center) and 464 (permitting constructlon of a directional si~n i~cing
Beach Boulevardl to the Zoning Divfsfon.
3. 7hat !he oporator shall not charge an admittance fee pri~t to 9:00 p.m.
~i, That food service shall be provided durinc~ all hours of operation.
5. Tl~at a minfmum of twa (2) uniformsd and Iicensed security officers, performing security duties
exclusively, shall be present to monitor activities both inside the restaurant ~nd in thA parl<fng lot
during all Iive performances.
6. That subJect property shall be developed substantlally in accnrdanc~ with plans and specifications
submitted to the City of Anaheim by the petitioner and whicfi plans are on tlle with tho Planning
Depa~tment marked Exhfbit Nos. t and 2.
7. That prior to commencement of the activity autliorfzod by this resolution or within a perlocl of one
(t} year irom the date of this resolution, whichover occurs first, Condit(on Nos. 2 and 13, hereln, shall
be compii~~d with. Extenslons for further time to com~lete seid conditions may be granted fn
accordance with Section 18.03.090 of the Anaheim Municipal Code.
8, That food ~ervico including meals shall be available until closing t{me on every day of operation.
_2_ PC94-45
9. That the alcoholic beverape Iicense Issued by the State Alcoholic 6~verage Control shall not bo
exchaiiged for a publlc prernises type liconse nor shal~ the premises be operated as a publlc
premises.
10. That the sale of alcoholic beverages for consumption off the prPmises shall bQ prohibited.
it. That the quartorly gross sales of alcoholic beverages shali not exceed the gross sales of food or
othor commoditles dur!np the same por~od.
12. That there shall be no exterior advertising of any kind or type, including advertis'ng dlrected to the
exterior from Inside the building, promoting or Indicatinc~ the avail~bility of alcohullc bevorages,
13. That the parking lot of the promises shall be oquipped with lightinc~ of sufficlent power to illumin~te
~nd make easily d(scernible tho appe~rance ~ntl conduct of all persons on or about the parking lot.
14. That there shall be no bar or lounge area upontl~e Iicensed promises mafntafned for the purpose of
sale, service or consumption of alcohol~c beverages d(rer,tly to patrons (or consumption.
15. That no alcohoifc beverages shall be corfsumad on any property adjacent to the premi~es under the
r,ontrol of the appl(cant.
16. That there shall be no coin oporated c~ames located upon the prem(ses at dny time.
17. That the hours of operatiun shall be Ilmited to the following:
Sunday through Thursday: 11:00 a.m, to I:00 a.m.
Friday and Saturday: 11:00 a.m. to 2;00 a.m.
18. That the applicant shall pay the cost of Code Enforcement ~Ivision fnspectlons for a max(mum of
once a wesk during the (irst sixty (60) days ol operatfon and once a rtionth thereaftor,
19. That app~oval of th(s applicatlon constitutes approval of tho proposod request only to the extent that
it complies with the Anahc~im Municipal Zoning Code and any other applicable City, State and Federal
regu~at(ons. Approval does noc include any acllon or ffndings as to compilance or approvnl of the
request regarding any other applicable ordinance, rec~ulation or requirement.
BE IT FURTHER RESOWED thai theAnaheim City Planning Commfssion does hereby ffnd
and datermine that adoptfon of this HASOlution is ezpressly predicated upon ~pplfcant's compll~nce w{th
each and all of the conditions hereinabuve set forth, Should any such conditfo~, or any part thereof, ba
declared fnval(d or unenforceable by the iinal judgment of any court of cAmpetent jurisdiction, then thfs
Resolution, and any approvals herein contained, shall be deemed null ancl vofd.
THE FOREGOING RESOLU'fION was adopted at the Plannfng C~mmission meeting of
April 4, 1994.
_~ )~~~~~j J ~' ~~-~4
CHAIR!~1AN ANAHEfM CITYyFIANPJING COMMISSIVN
ATiEST:
~~~ J ~~
// SJ~c:h'CTANY, ANAH CITY PLANNING COMMISSION
~..~.~
.3. F'C94-4S
STATE OF CAI.IFORNIA )
COJNTY OF 4RANGE } ss.
CITY OF ANAHEIM )
I, Janet L. Jensen, Secretary of ttie Anaheim City F'lanniny Commis~ion, do hereby certlfy
that the toregofng rosolution was p~ssc3d and adopted et ~ meoting of the Anaheim City Plaiininq
Commfsslon held on April 4, 1994, by tlie follov~ing vote of the mc~mbers thereoi:
A'(ES: COMMISS~ONERS: CALDW~LL, HENNINGER, MESSE, PER,AZA, TAIT
NOES: COMMISSIONEl~S: MAYER
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this f~~~ dey ot
t 994.
_L~y~E~~ ~
SE ~TARY, ANAHEI ITY PLANN~Nf3 COMMISSION
,,j, PC9~t-45