Resolution-PC 96-25w
RESOLUTION NO. PC96-25
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSIC!~l
THAT PEi'ITION TO AMEND RESOLUTION NO. PC94-160, ADOPT~D IN CONNECTION WITH
CONOITIONAL USE PERMIT NO. 3739, BE D~NIED
WHEREAS, on November 30,1994 the Planning Commission adopted Resolut(on Ne. PC94-
160 approving Conditional Use Pertnit No. 3731 (to retain the on-premises sale and consumption of alcoholic
beverages in an existing restaur.nt at 1652 West Lincoln Avenue); and that no further action was taken by
the City Council;
WHEREAS, Conditlon No. 24 of Resolution No. F'C94-160 specifies that:
"That subject use perm.t is hereby granted for a period of one (1) year and shalt expire on November 30,
1995."
WHEREAS, Juan B. CarbaJal, owner of EI Ojo de Agua, nas submitted a letter requesting
amendment to Condftion No. 24 to parmlt the c ndftional use for another year or more;
;"JHEREAS, subJect property is developed with a commercial retail center in the CL
(Commercial, Limfted) Zone: and
WHEREAS, the Ct:y Planning Commission did hold a public hearing at the Civ(c Center in
the City of Anaheim on January 8, 1496 at 1:30 ~.m., notice of sald public ?~earing having been duly given
as requfred by law and In accorclance wfth the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider e~ridence for and against said ~roposed amendment and to irnestigate end make
findinAs and recomm~ndations (n connection therewRh; and that said public hearing was continued to the
February 21 and March 4, 1996 Planning Commisslon me a',in~s;
WHEREAS, saki Commission, after due inspectfon, invest(gation and study made by ftself
and fn its behaif, and after due conslderation of all evidence and reports offered at said hearing, does find
and determine the followfng facts:
1, That amendiny Condftion No. 24to permh continuing the on•premises sale and consumption
of atcohoiic beverages at a restaurant (s _nQ; necessary to permit reasonable operation of said restaurant;
2. That subJect use permit is being exercised in a manner detnmental to the particutar area
and surrounding land uses, and to the public peace, health, safeN and general welfare because testimony
received during the public hearing (ndicates that subJect business appears to be operating as a bar wfth
minimai food service rather than as a restaurant wfth full meal serv~ce including alcah~lic beverages and that
the quarterly gross sales report submitted by the petitioner does~ provlde sufficient evidence that subject
busfness fs beln~ operated as a restaurant, In contradiction of subJecc use permit;
3. That am~nd(rg or deleting Condition No. 2~i, pertaining to the time Ifmitation, fs not
necessary to ~ermit the reasonable operation of the existing rest2urant;
4, That permitting the conditiorvll use to continue wiil adversely aHec: the adjofning land uses
and the growth and development of ;he area in which the restaurant Is lo~.ated; and
5. That no one ir.dicated their pres2nce at safd pubiic heariny in oppositfon; and that no
corespondence was receivec: in opposition to the subject petition.
CFi~6130M.WP -~• PC~~''`
CALIFORNIA ENVlRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
(;omrnission has reviewed the proposal to delete or modify Condition No. 24 pertaining to a time iimitation
to re,,ain the on-premises sale and consumptlon of alcoholic beverages in a restaurant and does hereby find
that the Negative Declaration previously appro•<~ed In connection with Conditional Use Permit Na. 3731 is
adeqt;ate fo serve as the required environmental documentation in connection wfth this request ~pon fin~ing
that the declaration reflects the independent judgement of the lead agdncy and that it has considered che .,
Negative Declaration together with any comments received during the public review process and further'
finding on the basis of the initfal study and any comments receNed that there is no substantial evidence that
the project will have a significant ~ffsct on the jenvironrr~en't.
NOW, THER~FORE, BE IT RES~OLVED that the Anaheim Ciry Planning Commissfon does
hereby cleny~ ihe raquest to delete or modify Co~ition No. 24 of Resolution No. PC94-160, adopted in
connection'vbfth Conditlonal Use Permit No, 3731.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 4, 1996. - ~
,
~ ~ ~ ~~ ,~L 'f ~
C IRWOMAN, ANAHEIM C~1'ffiY PLANNING COMMISSION
ATTEST: J
~~~~~~~ ~~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNIY OF OFiANGE ) ss.
CITY OF ANAhIEIM )
I, Margarfta Solorio, Secretary of the Anaheim City Nlanning Commission, do hereby certify
that the foregoing resolut(on was passed and adopted at a meeting of the Anaheim Ciry Pianning
Commission held on March 4, 1996, by the foltowing vote of tt~e members therecf:
AYES: CGMMISSIONERS: BOSTWICK, BOYDS7UN, BRIST(~L, HENNINGER, MAYER, MESSE, PERAZA,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS ~VHEREOF, I have hereunto set my hand this ~~ day of _~/7,c./C~_~
1996.
SECRETA Y, AHEIM CITY PLANNING COMMISSION
_Z. PC9fr25