Resolution-PC 96-98~ ~
RESaLUTION NO. PC96-98
A RESOLrJTION OF TNE fWAHEIM CITY PLANNING COMMISSION
ri~1/OIQNG RESOLUTION NO. 193 AND TERMINATING ALL
PROCEEDINGS IN CONNECTION ViIITH
- CONDITIONAL USE PERMIT NO. 104
_ `` YVF~~RFAS, on March 6, 1961, Conditional Use Permft No. 104 was granted urxier Resolution
hlo. i'"- ir; ihe Maheim C~fi,~ "!~nn(ng Commission to pe~mft the sale of besr in cQnJunction wfth a 1,z98
- - s,.'f :;;;::::,;xar,i on ~arapE:r;i~ ~~.;~,;,,fsting of a~proxirr~tely 1.3 acres, having~ a frontage of approximately 220
far~t o~ 7he ~:: ~~~: ~k:e t~r.: ~~~venue, having a maximum depth of approx(mately 261 feet, being located
api-~s:•:::~;<~°:~rF~; -?"•r ?:~~: e~ast of the csnterl(ne of Eudkl Street and further desc~ibed as 1652 West Lincc>In
A.,~;. ,,.*;
WFIEFiEF~S, ,xwrsuant to Sectfon 18.03.091 oE the Anahefm Mtu~(clpai Code, on July 8, 1~6,
the Planning Commission directed that subject conditional use permft, for the sata of beer in conJunction
with a restaurant, be scheduled for public hearing to consider the revocation or modff(cation thereof,
pursuant to the prov(elons of Sections 18.03.091 and 18.03.092 af the Anahsim FAunicipal Code; and
WHEREAS, the City Planning Commission did hold a puW~ hearing at the Civk Center in
the City of Anahelm on August 19, 1956, at 1:30 p.m., notice of sa(d public hea~ing havfng been ~uly given
as required by law and in accordance with the prcvisions of the Anaheim Mun(cipal Code, ~h~av#+~~r 18.03,
to hear and consider evidertce for and against said proposed revocation or modffication and t~ irnr~stigate
and make ftndings and recommendations in connection therewith; and that said hearing wap c-^.ntinued
to :he Planning Commission meeting of September 30, 1996, fn order for the business owner +o inRiate
staff recommendations to resolve issues pertaining to the operation of the subject business;
WHEREAS, said Commi.ssion, after due (nspe~.^tion, investigat(on and ~udy made by itseif
and in its behalf, and after due consideration oF all evkience and reports offered at said hearing, does ftnd
and determine the following facts:
1. That subjort property is developed with a commarcial retail center containing two thrfft stores
and the subJect business (EI Ojo de Agua) in the CL 'Commercial, Limfted' Zor~e;
2. That subjact use permit, as granted, is being, or recently has been, exerc(sed contrary to
the terms or conditions of such approval, or in vidation af certain statutes, ordinances, laws or regulations
(Section 18.03.092[d]);
3. That the business owner has cvntinued to violat~ the terms of the gra~ting of subject
conditional use permk;
4. That the use for which Condftional Use PermR No. 104 was granted has ceased to exisc or
has beon suspended for one year or more (Section 18.03.092[c]);
5. That the use for which the approv~al was granted has been so exercised as to be detrimental
to the public health or safety, or so as to constituia a r~uisance (18.0..092[e]);
6. That tha current Alcohd(c Beverage Contrd (ABC) Ilcense requires that sales of alcohdic
beve~ag~s shail be made only in conjunct(on with the sale ar~d servfce af food, and that AIdC requiras the
premises to be maintained as a bona n"de restaurant and that a menu be provided containing an
assartment of foods nom~ally offered at restaurants;
CR2747DM.WP -1- PC96-98
~ ~
rrnits the sale of beer in conJunction wfth a
7. That Corxiitional Use Permft No. 104 pe
restaurant, but that the cuRent A[3C license for the subject locatk~n i~s a~ ~~ f~ 0j "~~G~g ~~~tSna
Place (fuil alcohd) license; and that any change tn the type
and hf htthe Pdice epartmennt ould eco~ mmend be~d neled as clocume ted by t~he evldence~pr~sented
a4 the pubiic hearing;
8. That the Anaheim Pdice DePanmeM has observed Person(s) solic!iing or encouraging others
to t.uy them d~inks in this Ifcensed premises, for purposes of obta~ning a cr~+nmission, per~nta9e, sa~arY
or profit sharing by consp(racy;
g. That the evidence p-esented at the pubiic hearing condudes that the sesvln9 of ineals is not,
or has not been, the primary use a~ source of revenue for the businc~ss, arxl~ or that the serving of ineals
is, or has been, incidentai to th~ sa~e i~f alcoholic beverages; ar~i
ip, That no one indicated their presence at said public hearing in opposftion; anc! that no
correspondence was receNed in o~posft~on to the subject praposa~•
~AIJFORNIA ENVIRONMENTALQUAIJTY A~ ~F~N~ISNW~TinBtP~~n~in~9n~~~~ s~i 9 ~
representatNe has detertnined that~ ine FNOPosed P~ 1
Exemptions, qass 21, as dE,fined ~n tha State EIR Guidelines and is, therefore, categorically exempt ftom
4he requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Cfry Planning Commission does
hereby revoke Resolution No. 193, adopted' in connection wfth Conrfftional Use ?ermit No. 104•
THE FOREGOING RESOLUTION was adopted t e Plan Commission meeting of
September 30, 1996• ~~
CHAIRM , /WAHEIM CITY LANNING COMMISSION
ATTEST: /~
o I
SECRETAR , A AHEIM CITY PLANNING COMMISSION
STATE OF CAIJFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Margarita Solorio~ Se~retary of the Anaheim City Planni9g Commisslon, do herebP anni~
that the foregoing resolution was Pas..sed a~-d ~OPt~ evote of the members thereof: C~ g
Commission held on September 3U~ 1996~ by the fdlowing
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUPI, BRISTQL, H~NNINGER, MAYER, MESSE, PFRA7A
NOES: COMMISSIONEAS: NONE
ABSENT: COMMISSIONERS: NONE ~
IN WITNESS WHEREOF, I have hereunto set mY ha~d this ~ day of ,,~~I~.
1996. ' ~~,,~/pf1A~
SECREf Y, HEIM CITY PLANNING COMMISSION
PC96-98
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