Resolution-PC 94-52RESQLUTION N0. PC94;~
A RESOLUTION OF TFIE ANAHF.IM CITY PLANNING COMMISSIOh
7HAT PETITIUN FOR CONDITIONAL USE PERMIT NA. 3672 BE GRANTEb
WHER~AS, the Anaheim City Planning Commission did recoive a verHied Petitlon tor
Conditional Use Permit for certain real property sftuated (n the Cfty af Anah~lm, County of Orange, State
of California, ~iescribed as:
PARCEL 1: THAT PORTI013 OF lOT 3 OF TME DOMINGUEZ ESTATE, IN THE
CITY OF ANAHEIM, CQUNTY QF ORANGE, STATE OF CAUFORNIA, AS PER
MAP HECARD[D IN BOOK 2, PAGF 15, RECORD OF SURVEYS, IV 7HE OFFICE
OF TWE COUNTY RECORDER OF SAID ~OIJNTY, DESCRIBED AS FOLLOWS:
COMPVIENCING AT A POINT IM THE CENTFRLINE OF PLACENTIA-YURBA HOAD,
AS SHOWN ON PIANS ENTI7LED'PLAN ANO PRnFILE OF PLACEN7IA-YORBA
ROAD', ON FILE IN 7HE OFFICE OF THE COUNTY SURVEYQFi OF SAID
COUNTY, DIS7AM' THEREON NORTH 0 DEG. 28' 36' cAS7, 384.41 FEET FROM
ITS IIVTERSECTION WITH THE CEN7ERlINE OF SANTA ANA CANYON ROAD,
60.J0 FEET WIDE, AS SHOWN ON A!NA° FILED IN SAID OFFiCE OF THE
COUNTY SURVEYGR, THENCE SOIITH 83 DEG. 48' ST EAST, 230.G8 FEET TO
THE WEST IINE UF TFIAT CERTAIN PARCEL OF 1.11ND DESCRIBED IN DEED
TO THE STATE OF CAUFORNIA RECORDEI~ JANUARY ~3, 1953, IN BOOK 244t,
PAGE 94, OF OFFICIAL RECORDS IN .~iAID OFFICE; THENCE NORTH 65 DEC,.
02' 06' EAST 202.77 FEEi' TO THE 7RUE POINT OF BEGINNING; THEfVCE
NORTH 86 DEG. 25' 25" CAST, 160.31 FEET; THENCE NORTH 71 DEG. 12' 00'
EAST, 116.09 FEE7 TO THE SOUT~1EFiLY COt~NER OF THAT CERTAIN PARCEL
OF LANQ O~SCRIBED IN DEED (STATE PARCEL C2577) RECORDED FEBRUARY
27, 1969 IN BOOK 88ti5, PAGE 577 OF OFFICIAI. RCCURD$, IN SAID OFFIC~;
THENCE ALONG THE EASTFRLY LINF OF SAID LOT 3, SOUTH 0 DEG. 32' 18'
WEST, 609.26 FEET TO A POINT IN THE NORTHERLY LINE OF THE SANTA ANA
VALLEY IRFilGATION COMPANY CANAL RICHT•OF-WAY, YME CENTERLINE OF
WHICH IS SHOWN ON MA.P FILED IN BOOK 4, PAGES 44 TO 50, INCLU8IVE,
OF RECORD OF SURVEYS, IN SAID OFFI~E, SAID POINT HEING ON A CURVE
CONCAVE NORTNERIY AND HAVING A RADIUS OF 810.20 FEET; THENCE
FROM A TANGENT BEARING 50UThl B4 DEG. 2~' 31' WEST, WESTEHLY ALONG
SRID CURVE THROUGH .4N ANGLE OF 22 DEG. 40' 42', AN ARC DISTANCE OF
323.85 FEET TO THE SOU7HERLY TEHMINUS OF THE EASTERLY LINE SHOWN
AS 'SOUTH t D~G. 50' 03" WEST, 257,80 FEET IN PARCEL 2 OF THAT
PARTION OF IMP[RfAL HIGHWAY RELINCUISHED TO THE CITY OF ANAHEIM
(Fl~L-820) BY RE.^~OLUTION QF THE CALtFORNIA HICiHWAY COMMISSION A
CERTiFIED COPY OF WHICH RESOLUTION IS HECORQFD IN BOOK t0~b'9,
PAG~ 47 OF ~AfD C?FFICIAL RECOFiDS AND AS SHOWN ON A MAP
RECOADEO M/lY 23, tA73 I~i BOOK 9, PAC3E 9, OF STATE HIC3HWAY MA~S, IN
SAID OFFICE; THENCE AIONG SaID CASI'FRLY UNE OF IMPERIAL HIGHWAY
NORTH i DECi. 50' 03' EAST, 257.80 FEE7; THENC~ NORTH 9 DEC,. 58' 32'
EAST, 278.48 FEET 70 THE TRUE POINT OF BEGINNING.
CR2081 MS.WP -1 • P(:~J~4•52
pARCEL 2: ALI. 7HIAT CERTAIN REAL PROPERTY iN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATF OF CALIFQRNIA, BEING THAT PORTIQN OF TH~
SANi'A ANA VALLEY IRHIGATION COMPANY CANAL CONVEYED TO 1'HE SANTA
ANA VA4LEY IRRIGATIQN COMPANY DY DEED RECnRDFD JULY 18, 1934 iN
BOOK 68.5 PAGE 255 OF UFFICIAL RECORDS, RECORDS OF SAID COUNTY,
LYING WITHIN THE LIMITS OF THE SOU7HERLY PROLONGATION OF TI-IE SIDE
LINES OF LOT 3 OF "DOMINGUEZ ESTAI'F", AS 3HOWN ON A MAP FILEI) IN
BOOK 2, PA3E 15 OF RECORDS OF SURVEYS IN THE OFrICE OF THE
COUNTY RECORD~~i OF SAID COUNTY.
EXCEPTING THEREFh~'rA THA7 PUR710N I.YING WESTERLY OF THE EASTERLY
LINE AND THE SOUTIIERLY PROLONGATIQN QF SAID EASTERLY I.INE OF
THE LAND DESGRIBED IN THE D~ED TO TH[ STATE OF CALIFORNIA
RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL
AECORUS, 9ECORDS OF SAID COUNTY.
WHEFIEAS, tho Cft~/ Plnnning Commission did hold a puWic hearfng at the Cf~ic Center
in the City of Anahefm on May 2, 199~1 at t:30 p.m., notice oi said pubiic hearing havfng been duly given
as raqufred by law and in acr.ordance with the provisions of the Anaheim Munir,ipal Code, Chapter 18.03,
to tiear and consider evidence for and against said proposed conditional use permit and to Investlgate and
~riake findings and recommendations In connectfon therewith; and
WHEAEAS, sald Commission, after duc~ inspaction, investigation and study made by ftsolf
ancl in its behalf, and aRer due consideratfon ot all evldence and report~ oftered at sa(d hearing, doos tind
and determl~e the following facts:
t. That tho proposod use is proporiy one for which a conditional use pormit is authortzed by
Anat~eim Mun(vlpal Code Sectl~n 18.Q3.030.010 to permft a pubt~c dance hall In conjunr.tiqn with an
existing full-servtce restaurant having on•pr~mise sales And consumption ~f alcoholic beverages.
~ hat the proposed use Is not Itsted in tho Zoning Cadcs as being a pennYded uso;
3. That the proposod use wlll ncit adversely ofler,t the odJnfning land uses and thg growth a~~d
development of the area in whlch It is proposad to be located becausR subJect r~staurant has been
operatfng as a"d(nner dance' faciliry prrn+id(ng dancing and entertainment without an admissfon foe since
January, 1993 without detriment to tha surrounding area;
4. Th~t the sito and sht+pe of the site tor the proposed use {payment of an Admittance toa
tor dancing/entonatnment purposes in an existing rostnurant/cocktali loungR) Is adequaie to allow the full
dovelopment oi the pr~~.~oser! use In a manr~er not detrlmental to the partlcular erea nor to tho pezce,
health, s~~fety gnd general weltaro;
5. That the traNic generatecl by tho proposod use wlll not Impose an unduo burden upon the
s;reets and highways dos(gned ond imprnved to carry tho 1rnH(c in the nroa;
6. That the Uranting of the conciftlonal use permh under the condltlons imposod will not be
detrimernal to the peaco, h~alth, satety end general wuH~re of Ihe citizons of the ~iry of Anahefm; and
7. 'fhat r+Q one fnd(cated thelr presence at sakl public hearing In opposftlon; arxf that no
correspondan~o was receivod in opposklon to thv subject petitfon.
.2. PC94•52
~,~IFORNIA ENVIRONMEN7Al. QUALITY ACT FINDING: That the Anaheim City Planning
Commission has r~vfowed the proposAl to permft a publlc danca h~ll in conJunction with an existinq full•
servico resteurAnt having on-premise sales and consumption of alcoholic beveragoa on an irregulc~rly-
sF~aped parcel of I~nd consfsting of ~pproximately 8.06 acres IocatExi at the northaast corner of Santa Ana
Canyon Road and Imperial Higfiway, h~ving approximate 4rontages of 320 feot on tho north skie of S~srt~
Ana Canyon Road and 570 teot on the oest side of Imper(al Highway, and further described as 571'1 East
Santa Ane Canyon Fioad (The Fox~(re Restaurant); And does horeby approve the Negative Declta~ation upon
fir~ding that tho declaratlon reflects the indepondont Judgement of the le~d agency and that it has
cons~dered the Negative Declt~rati~n together with any commonts received during the public raview
process and further flnding on the basis of tho inftial study and any comments recefved that thero la no
substantial ovidonce th~t the proJect will have a signiffcant eHect on the environment.
NOW, THF_REFORF, BE IT ;4ESOLVED that the Anahelm City Planning Cammission does
horoby grant sub~ect F~etitlon for Conditlonal llse Permit, upon the tollowing conditlans which Are hereby
tound to be a~ioc~sseiry prerequisite to the proposed use of the subJer,t property In order to praserve the
satety and general weitare of the Citizens of the City of Anaheim:
t. Tha[ subJect petition is hereby granted for a period oi ono (1) year frorn the date ut th(s reso;ution
to expire May 2, 1395. This time Iimitation may be amended or deleted at the requast of the
petitioner fn connection with a future publlc hoaring.
2. That subJect business ahall continuously adi~ere to the foilowing r,ond(tions, as required by th~ Police
Dopartment:
A. Food service with an available meals stiall be available untfl closing t(rne on every day of
operat(on.
B. Tho sub~ect elcohet(c beverage "^onss shall not be exchanged tor a avblic premisos type
Iicanse nor shall the premises bs operatecJ as a publlc premise.
C. The quartorty gross salos of alcoholic beverages shall not exceed the gross aaies of taod or
other commodities during tl~e sarne period.
D. The saie of alcohol for consumptfon oH tfie prem(ses shall be prahibiteci.
E. Entertalnmant provided on the premises shell not be audiblo beyond tha nres undor tho control
of sub~ect business.
F. Thore shall be no exterior advertising nf any kind or type, includ(ng advertising dfrPcted to tho
outside af the building from ina(de, promoting or indf^atlnp the availability of alcohotlc beverages.
G. No alc~holic boverages shall be consumed on any property ad(acent tu the Ifcensed premises
undc~r the control of the Ifcensoe.
H. 7he parking lot oi the premises shall be equipped with Ilghting oi sufficlant pawer to illuminate
and make easiiy dfscemibie tl~e appearance and conduct of all persons an or about t~o parking
lot.
At all times during which dancin4 i~ beinp pormttted, unHorrned security of a suHicient number
,hall be present to control the pedestrian and vehlcutar traffic and prevent unla:vful condur.t by
omployees or pa:rons !n the bulldiny and outsidQ areas atfected by the publlc's ariFndance.
Security oHfcers shall comply with atl State nnd local ordinances regulating thoir sarvices.
.~_ PC94-52
J. The number of porsons attending any events sha11 not exceod the maximum occupanay load,
as datermined by the Anahefm Firo D~partmant. Si~ns specifying tho maximum occupancy shali
bo prornlnently displayed wfthin the premises.
K. At all times ih~t dancing is permitteci, do~rs shall remain closed except ~s otherwise requirc~d
by law.
L. All ontortainers and employees shall be clottied in such a way as to not exposa "specffied
anatomical araas" es described In the Anaheim Municlpal Code.
M, The business shall not emuloy nor pormit any persons to solicit nor encourage others, dlrectly
or indlr~ctly, to buy thern dr(nks in the Ilcensed premises under any commicsion, ~orcentage,
salary, or o4her pro(it-shAring plan, schemo or consp(racy.
3. That subJect property shall be daveloped substantially fn accordance wilh plens and specificatlons
submitted to the Clty oE Anaheim by ttio petitloner and whfch plans are on file wfth the Planning
Llepartmont marE;ed Extdbit Nos. 1 and 2.
A. Ttiat the applicant shall pay ttie cost of any tuture Code Entorcement inspocttons which may be
naecfed to address and rosolve vialations.
5. That prior to commencement uf the activlry authorizc~ci by this resolut(on or within a porlal ot one
(1) year trom the date of this resolution, whichover occurs ilrst, Conditlon Nu. 3, abova•mgntloned,
sh,;ll be complled with. Extensions for furthor time to cumpleto sa~d conditlons may be granted fn
accordance with Section 18.03.090 of tho Anaheim Municipal Code.
5. 7hat approval of this applicatfon conctitutes approval of the proposed request only to the extent that
ft cornplies wilh the Anaheim Municipal Zoning Code and any other applicable City, State ~nd Federal
regulations, Approval does not fnclude any ac:tion or findings as to campilance or approvat of the
request redArdfng any othor applfcable ordinanco, regulation or requirement.
BE IT FURTHER RESO~VED that tha Anahaim City Planning Commisslon does lidreby find
and dotermine that aduptfon of this Rosolutfon is exprossly predicated upon applicant's complianco wlth
each and all of the conditfons heroinabove set forth. Shoutd any such condition, or any part thereof, be
declared invalid or unenforceable by tt~e i(nsai judgmant of any court ot ~~mpetent Jurisdictlon, then this
Rosol~dion, and any approvals horein contained, shell be deemed null and void,
1'HE FOREGOING RESOLUTION was adopted at tho Planning Commissfon meeting of
May 2, 1994.
. I
(,F~AIRNiAN A AHEI CITY P NI G COM~AIS~IOW
ATTEST:
~_3~~~
SECRETARY, A! EIM CITY PIANNING COMMISSION
.4. PC94-52
STATE QF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CI1Y OF AIVAHEIM )
I, Mi~rgarlta Solorlo, Secretary of the Anaheim City Planning Commisslon, do horeby certKy
tliat tho forefloing resolution was pASSed and adopted at a meetinfl ol the Anaheim City Planning ;
Commisslon held on May 2, 199h, by the following vote of th9 members thereof: ry
AYES; COMMISSIONERS: BOYDSTUN, CALDWELL, MENNI~iGER, RA~SSE, PERATJI, TAI7 1'
NOES; GOMMISSIONERS: N~JNE
ABSENT: COMMISSIONERS; MAYE:~
IN WITNESS WHEREOF, I have herounto set my hand thls ,~~ day uf ;
,~a. ~ ~t,c.~.. ~~~olu.~ i
SECRErARY, AN EIM CITY PLANN~NG COMMIS510N
-5. PC94-,ri2