Resolution-PC 94-68RESOLUTION ~!O PC~34~8
A RESOLUTION OF THE ANAHEIM CITY PLANNING CONIMISSION
DENYING THE REQUES7 TO AMEND CERTAIN CONDiI'IANS OF APPROVAL OF
CONDITIONAL USE PERMIT N0. 3554
WHEREAS, on October 22,199?. the Zoning AdmiNstrator approved Conditlonal Use PermP No.
3554 under Dec(sion No. ZA 92-51 to permit on-~remfse salos and consumption of alcoholic beverafles •~ a
r~staurant for a Iimited period of time to expire on Merch 1, 1~J9~t, SubJect property is Iocated at the northeast
carner of Cerritos Avonub and Aneheim Boulevard end iurther described ~s 1490 South Anaheim Boulevard;
and
WHEREAS, sald Decision No. ZA 92-51 includes the toliowing condltlan of approval:
"23. 'fhat this use permit shall ox~(re on March 1, 1994, unless the petitloner has
recauasteci ard obtainod, in connection with a publfc hearing, ofthor a time extenslon
or deletion of this condftion A tfine extension or deletlon of this conditlon ma,y be
approved ff It is deterrnined that this use has not had an adverse eHect on the
surrounding lan~l usos.'
WHEHEAS, the petitioner has requested amendment to said condition of approval pert~ining
to ttie timo Iimitat(on for the on-premisa sales and consumptlon of alcaholic beverafles in an axisting
restaurant.
WHEREAS, the City Pl~nning Commission did hold a publlc hearing at tha Civic Center In the
City of Anahelm on ,lune t, 1994, at 1:30 p,m., not(ce of said publlc hearing having been duly given ~s
requlred by law ancl in accordance wkh the provisions of the Anahelm Municipal Coda, Chapter 18.03, to
hear and consider evid~nce ipr and egatnst said propos~d amendmdnt and to Investigate and make Ilndings
and recommendatfons in connection therewith; and
WHEREAS, said Commisslon, aRer due i~spectfon, Investigation and study made by Itself and
in its behalf, and after due consideration oi all evidence and roports otfered at said hearing, does iind and
determ(ne the tollowing 4acts;
1. That, In accordance with Sectian 18.12.090 "F~eferral to the Plarning Commiss(on," th~ Zoning
Administrator determinod tFiat the general public Interest warranted e refarral of this request to the Planning
Commfssfon.
2. That, based on testim~ny received by the Plann(ng Commission, subJect conditionAl use permlt
is being exercised fn a rnanner contrary to the 4erms and condhluns under whfch the use was grantod, and
in violation ut the Anahoim Municipsl Code becauso (a) the sAles, serv(ce and consumptfon oi alcoholic
beverogos is takinfl place efter 12:00 am o~ weok nfghts, in ~lol~tion of Condition Na. 6 of Decislcn No.
7~192-51, and (b) the sales and consumptfon af alcohoiic beverages is being conducted wi~hg~ providing
the requlred focxl cervic~ during hours of oQeratlon, In violption ot Conditton Nos. 7 and 8.
3. 7hat this conditional use h~s caused an unduo burden on, and required ~dclitional expenditures
of local resaurce~ related to crime prevention and/or fnvestigatfon in conjunction wftn, or as a direct rosult
of, actNitios associated with the use t.~causQ durfng tt~e porlod of September 26, 1993 to April 9, 199~1,
twenty ttiree Potice caiis/responses tu subject prertiises involved on-site fights or assaults with Nvo uf tho
incfdents fnvolving ahots fired.
CR2103MS.W{' '1' PG~~
4. That this conditionel use permit has been exercised In s~~ch a rrsanner as to be a nuisance,
detrimantal to Rhe particular area and surrounding land uses, aiid to the peace, health, safety and welfare
nf the surrounding community.
5. That one (1) person Indict~ted his presence at said public hoaring in opposition; and that no
carrespondence was recoived in opposftlon to the subjact petftlon.
IF RN 9 ENVIRONMENTAL (~UALITY AST FINDING: That the Anaheim Clry Planning
Coirmilssfon has revlewed the proposal to modify or delete Condition No. 23 of Decision No. ZA 92-51 and
does hereby fir.d that 1he Ne~Ative Declaration prevfously approvetl in connoctlon wfth Conditlonal Use
Permit No. 3554 is adequate to sorva as tho required environmental documentation In connectlon with this
request upon findinp that the declarafion reflects the independont Judgement af the load agency and th~t
!t has considered the NegAtive Declaration toc~othsr with any comments receNed during the public review
process and further finding on the basts of the initial study and any commonts recolved that the-'e Is no
substantfai ovidence th~at the prajoct wlll have a signlilcant effect on the environmo~it.
NOW, THEREFORE, BE 17 RESOWED that the AnAhaim Ciry Plarniing Commission does
hereby determine that CondiHon No. 23 of Declsion No. 7A 92-51 rern~ins in effect; that Conditional Use
Permft No. 3554 oxpired on March 1, 1994; and that subJect request is therefore doniod.
TH[ FORFGOING RESOLUTION was adopted at the Plttnning Commission meet(ng of
June 1, 1994. >
,,
.,
HAIRMAN, ANAH~IM CI . NING COMb11SSI0N
ATTEST:
' ~ ;. , _" , ~ ~~, . ~ ~ ,<<= .
S CRETARY, AN ; EIM CITY PLANNING COMMISSION
,
~ /' :~'
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ,'~NAHEIM )
I, Janet L. Jenson, Secretary ~f the Anahelm City Planning Commission, do hereby certffy
that the toregoinp rosnlutian was passed and adopted at a meoting of the Anaheim Cfty Pianntng
C~mm!ssion held on June t, 1994, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, CALC~WELL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS:7AIT
ABSENT: COMMISSIONERS: MAYER
IN WITNFSS WHEREOF, i havo hereunto sei my hand thf3/~'~ day of j%'ii ,~ •_-~ __•
199~1. : /
. /~ ~' ~ =~[~G.~~ ~ l ~ y' ~/
S-CRETARY, ANAH IM CITY PI.ANNING COMMISSION
,2_ PC94-68