Resolution-PC 96-72~ `~
RESOLUTION NO. PC96-72
A RESOLUTION OF THE ANAHEIM ClTY PLANNING COMMISSION
M1IENDING CERTAIN CONDITIONS OF APPr10VAL OF
RESOLUTION NO. PC77-157 ADOPTED IN CONNECTION Y11TH
CONDITIONAL USE °ERMIT PlO. 1731
WHEREAS, on July 18;1977, the Planning Commission adopted Resolutio~ Mo. PC77-157 graMing
Condftional Use Permft No. 1731 to permit on-sale beer and wine {n an existtng restaurant;
WHEREAS, subject property, located at 408 South Brookhurst ~treet, is developed with an
approximately 6,500 sq.ft. restaurant, La langosta Mexican Restaurarrt (previously Marie Calendar's
RestauraM), arw ts zoned GL'Corrtmer~fal, llmited';
WHEREAS, on May 29, 1996, the Plannfng Commissien directed that%`subject condftianal use
permit be set for public hearing to consider the revocation or modffication thereof,pursuant to the provisions
of Sect(ons 18.Uz.099 (procedure for termination/modfflcation) anc':`' 18.03.092 (grour~ds for
termination/mod~ication) of the Anaheim Municipal Code;
WHEREAS, the Ciry Planntng Commission did hdd a public hearing at the Civic Center in the
Cfty of Anaheim on July 22, 1996, at 1:30 p.m., nntlce of said public hearing having been duly gNen as
required by la~ and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hsar and conslder avidence for and against said proposed amendment and to investigate and make
flndings and recommendattons In connection therewfth; and
WHEREAS, said Commission, after due inspection, investfgation ar-d study made by ftself and
in its behalf, and after due consideration o~ all evidence and reports offered at said hearing, does find and
determine the fdlowing facts:
t. That the Staff Report to ihe Planning Commission, dated July 22, 1956, discusses the
reasons for considering modNicatton or modiflcation ef this conditionai use psrmit, including citizens'
compiairrts, reported criminal activities (n the area, and the high concentration of businesses selifng
alcoholic beverages !n the Immediate vialnfty;
2. That City Business LJcense records irxJicate La Langosta Mexican Restaurant ope~ed on May
1, 1996 ar~d Aicohdic Beverage Contrd (ABC) records indicate an appllcation for a new Type 41 licensa,
dated December 8, 1995, is pending investigation;
3. That the use for which subject condiilonal use permft was originally granied ceased to exist
or has been suspended for one year or more because subJect use permii has not been exercised since
December 3'I, 199t when the prevtous business li.^.ense (Marie Calendar's Restaurarrt) expired; and,
further, that ABC records indicate the Typo 41 license (On-Sale Beer and Wine - Eating Place) issued for
subJect location In 1978 was surrendered in 1991;
4. That the condftionai use permit, including ti~e imposRion of add(tional condit(ons thereto; is
necessary to pennit reasonable operation under the conditional use pem-it as 9ranted; and
5. That 2 people ind~ated their presence at said public hearing in opposftion; and that no
corcespondence was received in opposftion to the subject petftion.
-1- PC96-72
CR2705DM.wp
i h ~
~Y
CAUFORNIA ENVlRONMENTAL ~UALITY ACT FINOING: The Planning Dtrector's authoiized
repres~ntatfve has determined that the proposed Project falls wKhin the deflnftion of Catego~ical
Exemptions, Class 21, as defined in the State EIR Guidelines and is, therefore, categorically exempt from
the r~quirement to prepare an EIR.
NOW THEREFORE BE IT RESOLVED that the Anaheim Plann(ng Commission does hereby amend
Resolutton No. PC77-157 to add the fdlowi~g condftions:
5~ ~~N}~ ~ tion end~ pMproved by the City Enqinee~and then recorded in~he Office of heOrange
County Hecorder.
6. That after the two existing ~ots are combined and the Lot llne AdjustmeM Plat is recorded, a parki~9
p~an shall be submitted to the Trafflc and Transportation Manager for revlew arxi approval.
7. That CondtUonal Use Permit ~Vo. 1731 shall automatically terminate one (1} year from the date of this
resdution ff a valid Alcohdic Beverage Contrd [Type 41, OnSale Beer and Wine - Eati:~g Place]
License has not been obtatned for the subJect properq!.
g. That the hours of operat~on sha!I be Ilmfted to no later than 10 p.m. Sundays through Thursdays and
11 p.m. on Fridays a~sd Saturdays.
9. That the IigMing in the parking area of the premises shall be directed, posftioned and shielded in such
a manner so as not to unreasonabiy illuminate the window area of nearby resider~ces.
10. That the estabiishment shall be operated as a'Bona Flde Public Eating Place' as deflned by Section
23038 of the Califomia Business and Rrofessions Code.
11. That there shall be no bar or lot+nge maintained on the property un~ess Iicensed by Alcohdic
Beverage Contrd and approved by the Ciry of Anaheim.
12. That the present bar area shall be modNied in such a way as to conceai its original design arxi
p~rpose. Plans showing such mod~ication shall be submitted to the Zoning Division of the P~a:ming
Department for review and approval by the Planning Commisslon as a'Reports ~nd
Recommendations" ftem.
13. That there shall ba no pooi tables or other games permitted upon the premises at any time.
14. That the gross sales of alcohdic beverages shall not exceed forty percent (4096) of the gross sales
of all retafi seles during any three (3) month period. The ap~licant shall maintain records on a
quarterly basis indicating the separate arr~ounts of sales of alcohdic beverages and other items.
These records sF-all be made avaAabie to inspection by any Ciry of Anaheim officials when requested.
15. That there shall be no INe ente-tainment, amplified musfc or dancing permitted on tho premises at
any time wfthout issuance of proper permits as required by the Ansheim Municipal Code.
16. That the sale of atcohd~ beverages for consumption off the premises shall be prohibfted.
17. Thet subJect use pem-~, as amended, shall exp~re one (t) year from the date of the issurince of the
Alcoholic Beverage Contrd Iicense.
18. That priar to commencement of the actNity herein approved or within a period of one (1) year from
the date~ of this resolution, wh~hever occurs flrst, Condition Nos. 5, 6, 9 and 12, above-mentioned
shall be complied wrfth.
-2- PC96-72
~-
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 22, 1996• ~J
~fi ~~
CHAIRMAN, ANAHEIM C PLANnWG COMNIISSION
ATTEST: /~
~ ~~~w
SECRETARY, EIM CITY PLANNING COMP~AISSION
STATE OF CAIJFORNIA j
COUNTY OF ORANGE ) ss•
CITIf OF ANAHEIM )
I, Margarita Sdorio, Secretary of tha Anaheim Clty Planning Commission, do heroby certify
that the forego(ng resolution was passed and adopted at a meeting of the Anaheim Cfty Plar.ning
Commission held on JWv."', 1996, by the fdiowing vots o# tha members thereof:
AYES: COMMISSIOIa..rcS: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERA7J1
NOES: COMMISSIONERS: NONE
ABSENT: ~'AMMISSIONERS: MAYER
!N WITNESS WHEREOF, I have hereunto set my hand this l~~' day of V[~~
U
1996. , ~~
SECRETARY, AHEIM CITY PIANNING COMMISSION
~- PC96-72