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Resolution-PC 96-107~ ~ RES L ION NO PC9C~10? A RESOLUTION OF THE ANAHEiM CITY PIANN~NG COMMISSION AMENDING CERTAIN CONDITIONS OF A?PROVAL OF ORDINANCE NO. ~~C N~ ;~~ NECTtGN W~TH WHEREAS. on Apru 10~ 1945, tha Ctry Councp adopced Ordinance No. 684 apProving `~ ariance No. 1945~3 to construct a restaurant; WHEREAS, Paragraph 2(c) ot said wd~nance contains the fdlowing flve condftlons: •t. That at no time shall any alcohdlc be~+erages be sdd, kept for sale or dispensed on said ie~ prop4rty 2. TF~t at no time sha~l any dancing be done. perfcxmed a~~~ °~~ °~ ~~ r~ ~~~~• 3. Ttiat si no time shall any errtertainmaM be prav~ded, ca~ied °~~ d0~ °r perfo~~ on ~~ r~ p~o~~, ~~~d, however that for the purposes of this ordi"ance, the word 'eMertainmeM' shall not be deemed to indude the selling, dispensinfl ar~:/c+r consumption af food and/or sdt drinks. 4. That the display of eMe~or ur~~ signs shall not exceed four (4) signs with a maximum aggre~a:e area h!s condltion !s paraphrased herein.) of 140-square feet (r 5, That the owners of said real proPenY enter into an agreement wfth the Ciry~ ~~~hereln. ~ure legal p~~~~~9g ursder the ~igM of eminent domain• (Thls conditlon is peraF WHEREAS, subject property~ zoned CG 'COmmercial, General; is develoPed ~^'ith an approxirrvately 6,2~12 sq.ft.~ two-staY, s~~c~ ~me buflding which was orlflinally constn~ct~~ ~s ~~ storage facUiry and corne-'ted ~n the Iate t940's to a restaurerrt use~ and that a buUding pe _ on Octaber 9~ 1950~or a d« I~ ~ j~ ~urarrt (ceust~nomer Farlc~r~9 P~~ Y°~urs across an ailey in a orrto, or on-sfce pa ~-9~ public parking Iot), and 1M1'HEREAS, s~blect buS~^ess~ a restaurant/banquet facUity wfth on-premises sa~e of bee~ and wine, is cuRently ope~ating under a Clty business Iicense for a restaurant wfth bee~ a-~d wine (to exp(re on November 1~ a996. 41 On~~ B~~ a~i~n ~ting Placen license~that allows the sa~e of beer and wine renewed), a YP8 in a restaurant. WHEREAS, on May 19, 19?2, the Zoning Code was amended in connectfon with Orclfnance No. 5306 to delete restaurants wnh, or wnhouc, co~~p founges in the CG Zo~e as a pri~ry Pe~m~ ~ and that a condftional use PemdS is no~u required 4or the same use• WHEREAS, the City Planning Commiss~on did hdd a public h~ring at the CNic Ce-Ker in the Ciry of Anaheim on July ~~ ~~ wfth te prrn+islons d t e Anahelm MunicipalaCode C~P ~ make as required by law e~d~~ ~ e~ against said ProPosed amendment and to Irnestigate a to hear and cons~d was continued to the flndings and recommendatio~ in ~~bn therewith: ar~d that sab pu~~ ~~ng August 19, Sepcember 30, and October 14, 1996 Pianning Commisslon ~r-eetings; and WHERFJ-S~ safd Commiss~on~ aRer due inspection~ Irnestigatio~ and study made by liaeif and in fts behalf~ and after due co~s~deratfon of all evkience and repoRs offered at satd haar~n9~ does find arxl determ'.ne the fdlowing facts: P(~;-107 -1- CR2759DM ~ ~ ~. That on May 29, 1996, the Planning Corr-mission set subjec4 var~ance fo~ puWic rsuaM to the prc~risions of SectRcation) ~~~p A~e m hearingto consider revocaUon ~ 18.03~092 9rounds for tertnination/mod for termination/modiflcatio~l Municipai Code: ~~~y ~, q~~t t9 and 2. 'ha: subJect puWk hearing was rroMinued from to wcuk with stafi to darify t~e mission mQieU~9and for the reepres~ e csf the Pr~KY' °~'`~ to be September 30, 1996 Pia~',n~• q Com cuRent and proP~~ u~ ~~ •.he subJect PraPe~Y ~ preseM; ubl~ haaring. induding staK reports 3. That based on the testfrt-cnY submrited at the P varianc~ for which a-~P~a ~ In ~ated July 22, Au9ust 19. SePtember 30 and October 14, to thet tertns a condftions d such aPP~ graMed is being, or recerrtfy has been. oxer~ised contrary uiadon: violation of Ordi~ance No. 684, or fn violatbn d any statuce, ordinancc~. Saw or ~9 the staff 4 ~~~ ~~ t~~ny submmed at the Pudtc hearing, Induding ust 19~ SePtember 30 and Odober 14~ 1996, the uso varf2ince tor wh~kh reports dated July 22~ ~9 ~ exercfsed as to be detrimental to the publlc heatt,h or safetY~ or so as QpP~~ ~ grar~ted has been to constftuce a nutsanco~ ~ d additio~al conditLans. is reasonaWY 5. That modiFlcaUon. Induding the imposl~ to iem~R reasonaao necessan/ to protec.t tha publlc peace, health, safery or general wetfare~ or necessary 4 R or vatlance as 9raMed~ operation u;~der the condftlor-al use F-ertn rerr-ises sale and 6. TF~t Vartance No. 194,5~~3 should be modi~ed to alla~r on-P wkh a rest~;irant wfth new coc~ditions, because the original a;;~x°"~ consumptio~ d alc~ In C°^^~~ cuRent standarcis; and under OrcJinance No. 6B4 c~ains conditions wh~h are recommended by That no one indlcated their presence at said puW~ hearing in opposftb~; and that 7' itbn to the subJect petitlon. no conespo~den~:e was receNed in opp~ ~~ r^v~~~lA ENVIRO M°M'A~ QUAUN ~~N~INU: Tha Planning Director's ~horiz,3d represontatlve has~detertn~~-e~ ~t the {xo~~ PfOI~ ~ls wfthin !he definftion d~ ~eg ~ Exemptbns, q~ 21, as de8ned in the Scate EIR Guidolines end is. thereforo, categork~i Y a tho requirement to PrePare an EIR. '` NC3y11 7HEREFORE BE IT RESOLVED chet the ~'~~m ~ P~n~~~ ~m~~un doa: No. 684~ adopted In connealon wich Varfance No. t945~, to amend the hereby amend ~ ~ ~~ ~r~, ~ tdlows: condRions d appr ted as a'Bo~a Flde Publ~ Eatinfl Ptace" as d~ defin ~o o~~ 1. That the establishmeM shall be ~~ Professior-s Code and as fuRher deflned by 23.'~38 d the CallEomfa Business •Restaurarri' in Sectio~ 18.01.090 of the ,~aheim Mun~ipa~ C~e. malntained on the ProPeRY unloss Iicensed by Alccahdl: 2. That th~e shal~ be no ber a lou ~ ~~~ Bevecage Contrd and apPro+~ed by ~Y with a fuU meal shall be avaqable irom ope~~r~y tlme urrii ~ither 10:00 P.m. tx 3. That faod sen+ice rs flrst, on each day d~~t~' closin9 time~ whichever oc~u 1~ premises et eny 4. That there sha-~ be no Pod tables or cofn~oPereted 4a~^e5 ^'~fntained uP~ - time. a}~ omises (bar) ty~~e 5. That subject alcohdlC tsevera9e Iir,ense sF~~ not be exchanged tor a pu Pr I the estaW~rrx~rrt be operated as a pubtic premises as ctetined In Sec~an 23039 I~enae rwr she~ Professfons Cade. d the Califomia Business ard p~t07 -2- ,~ ~ ,~cern (aa~) ot ~,e g, That the quarterly gross sales of alca~~ ~ e~~~ PP~~ shall maintai~ records on a gross sales af food and meals du~e amounts of sales of alcoholtc beverages as comPared to the y~yaneriy basis indkatin9 tt~ ~~t~ ~e~ These rec~ds shal~ be made avaAable for inspecdon sales of food arxi non-a~cohd by any CitY d~~Im ofHcial when req~~• unless a Sex Oriented Bus!ness" rated as a s~c-oriented business ifled music or 7. That the business shall not be ope o rtnits as re4uired by PertnR is flrst obtained: and, further~ that ~ew 'J~ ~~ ~~~~ ~ gm danc6ng permltied on the (xemisss at anY ~ Alcohd~ Beverage Contrd (AB%)• zhe qrahefm Munktpal Ccade a~d the DepartmeM tlo~ Off the Premises sh311 be ENOhiblted. ic bevera9es for consumP 8. That the sale of alaohd induding advenising directed tOtion 9. ' That there sha~l be rw e~e ~~ ~ Irxi~icatnigng the avail biltry~ ~h~~c ~e~g~' ~h the exc~p exterior ftom within~ Promot 9~ps' of one (1) sign indicating'cc~c 10. That the actNfties occurr~n~ in canjundion wfth ths operatlon of thfs es~~ishmer-t shall not cause noise disturbance to surtuunding P~~~• itted o~lY be~v~-ee,~ the 11. That salas~ se-~k:e and cons~mPtio~ ~ alcohdic beverages shali be P~ hours of 10 am. and mldnight, SundaY through ThursdaY and b~twes+i the hours a 10 e rd Board , a.m. on Friday arxJ SaturdaY~ or in complete cnmpliance with the Alcohd Beverage Cont Ikense• 12. That the ProP~~Y ~r shaU submft ~a ~ettec~ itxlica i~ byo~~' t~ T~afflc~r dbTr~a^s ~t~ ton ness~ for" review and app spaces for the subject busi tion Manager 'shall have the discretio~ef.~uiring a Marsa9er. The CRy Trafflc and TransPa'~ led by the propei'h~ reciprocal Park~"9 a9reement based on the Ir~fom~ation suppl rator st~a!I complY wi~h Sectbn 24200.5 oi the Business and Pr~e ~o~s~C~o 13. That the business ope ~~y ~g to solicit or encourage others, direcUY so as not to emWoY ~' P~ ~~ under any commission~ Perc~98~ sala~'Y~ or other Proflt- ~uy tlYvn drin{cs in the ~k%ensed~~~ = sharing plan, scheme the State rmitted, uniformed and I~ensed (bY 14. That at all Umes when entertainment or dancing is pe or trons. and P uards sha~l be provided to the satisfactEon of t rorrwte t e DopartmeM of Cons~mer Affairs) se~~MY 9 ~~ employ6es Pa ` pulice Departmsr-t to deter unlawtu~ cond~~ on 4h~ a~ vehldes~ and PreveM disturbance t° ~e > safe and ordedy assemb~Y and movement of pe ~e premises• 8~~ ~~~ted by patrc~ns entcring or leavin9 neighborhood by excessfv > That all doors. sen+lnfl subJed restaurarrt shal~ nlocked at a~ll Umes dur~n9~ours of operation 15. ~I ~ kept dos~d a Unifortn Flre Code and in cases d emer9en~Y• except for fng~s/e9ress, delNe~les and , - 'ioc~ted outslde the buqding and wit,hin the bl~ telepiwnes °^ the P~~Y ~ due to a Ixeach d contrect 16: That there sheil be no pu qRnot be reri-av ~ contrd of the ap~k~M. If the exi.5tin9 telephone calls sttial~ oc~~. or cannot be maved inslde the buYding, no incomin9 30 da d the date 17. 7hat bupding parmi~s ~I ~~~ ~ utr~~ ~~~ ~in thirty ( 1, Y$ of this resdution~ for all unpe~m t an admitiance fee shall not be ~harged unlASS aPP~~"ed by the separate aPp~i~Uon for and 18. Tha n~y Use Pertnn permlttin9 a Public Dance Hall or other entertainme~ as aPprwa~ of a Cond pertnitted by Code. p(~6-107 ~ _ ~ ~ 19. That the owner of the subject business shall pay for the cost of periodic Code Enforesment inspections, as deemed necessary bY ~~e Enforcement staff, to address Code violations, not to 1 such inspection per month. exceed one ( ) e shal! be limited to apy existing pertnftted signs, unlert ar~d RecommEndatio s' ftem. 2p, That signa9 ~oved by the . lanning Commission as a"Repo is revlewed and aPP subsequent of this resalution and all the conditions of approval herein, or anyo ees of the 21. That a copy resoiutiQns, shall be posted ~~ the ir.terior of the restaurant, in plain view of the em y buslness; and, further, that this resolution sha~~ be made available upon the request of any Code =- ~ Eniorcement officer or any peace offlcer. 22. That Condition Nos. 1 te of his ' e d~io~~i.ve-mentioned, shall be completed within a period o"r thirty \ ~ (30) days from the da icatien constitutes approval of the proposed request only to the extent that ~~--. Iicabie Cfty~ State and . 23; ~':That approval of this appl roval K compiies with the Anaheim Municipal Za~j~9 C0 ~jon or findings as o compliance or app Federa~ regulations. Approval does not lnclude any of the sequest regarding any other app~i~~e o~~~nce, regulation or requirement. That the properryl owner shall notify the Anaheim Arts CouncA ninery (9~) days prior to any 9 p of such 24. ~~ ,~, ~anticipated change or remuval of the existtn wall mural and snall rovide proo or cop notice to the Zoning Division. THE FOREGOING RESOLUTION was adopted a the Planning Commission meeting af October 14, 1996. `• CHAIRMAN, ANAHEIM CITY IANNING COMMISSION ATTEST: , , ~ ~ a~.ti~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNiA ) COUNTY OF ORANGE S ~• , CITY OF ANP~FiEIM ) 1, Edith L Harris, Secretarll of the Anaheim Ciry Planning Commissfon, Plannf 9 Commiss on the foregoing resoluUon was passed and adopted at a meeting of the Anaheim Ciry held on October 14, 1996, by the following vote of the members thereof: AYES: COMMISSIONERS: B ONE ICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA NOES: COMMISSIONERS. N ABSENT: CAMMISSIONERS: NONE ,~j'~. day pf IN WITNESS WHEREOF, I have hereunto set my hand this , - 1996. SECRET Y; ANAHEIM CI PIANNiNG COMMISSION PCg6-107 -4-