Loading...
Resolution-PC 96-99~ ~ RESOLUTiON NO. PC96-99 A RESOLUTION OF THE AtJAHEINI CITY PLANNING COMMlSSION REVOKING RESOLUTION NO. PC77-250 AND TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1765 WHEREAS, on November 1 i,1977, the Plan~ing Commission adopted Resolution No. PC77- 250, approving Conditiona~ Use Fermft No. 1765 to permit a1,298 sq.ft. beer bar at 1652 West Linco~n Aven~e; WH~REAS, subject property is developed with a commercial retail center containing two thrfft stores and the subject business in the CL `Commercial, Umited' Zone; WHEREAS, pursuant to Section 18.03.091 of the Anaheim Municipal Code, on July 8, 1996, the Planning Commisslon direc~ed that subject conditional use permic, be scheduled for public hearing to conskier the revocation or modification thereoi, pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Cade; and WHEREAS, the Gity Planning Commission did h~ld a public hearing at the Civ~c Cei~ter in ~n~ ~':in',o# +~~ahefm on August 19, 1996, at 1:30 p.m., notice of said public hea~ing having been duly give~ - ?s ren.,a~r@r:: b~ law and in accordanae with the provisior.s of the Anaheim Muricipal Code, Chapter 18.03, :; hea: ar~1 c~nsider evldence for and against said proposed revocatfon a modiflcatton ar~d tfl investigate ~` a,~rJ rn~ke~ f~.;acl(ngs arxl recommendations in cormection therewith; and that said hearing was continued t~ t; ~~ P(ai ~Ing Comm(ssion meetirg of September 30, 1996, in order for the businoss owner to inftiate staft recommendations to resolve issues pertaining to the operation of the subJect business; WHEREAS, saki Commission, afte~r due inspection, Invest~gatDon and study made by ftself and in fts behalf, and after due conskJeration of all eviderx:e and reports offered at said hearing, does flrxi and determine the fdlowing facts: 1. That the use permft ~s being, or recer~ly has been, exercisad contrary to the terms or conditlons of such approval, or in violation of a statute, ordinance, law or regulation (Section 18.03.092 [d]) ~ 2. That Condft~ona~ Use Permft No. 1765 should be terminated beca~se the business ~wner has continuad to vidate the terms of the granting of the subject conditional use permft; 3. That the use for which approval was granted has ceased to exist or has been suspended for one year or more (Section 18.03.092[c]); 4. That Condft(onal Use Permit No. 1765 permRs a beer bar, but that the current ABC Iicense for the subJect location is a Type "47,' On-Sale Genera! - Eating Place (fuA alcohd) Iicense; and that any change in the type of Ucanse for this location requires a Determination of Public Convenfence or Necessiry, which the Police Department has indicated they would recommend b~ donied as documented by the evidence presented at this publtc hearing; 5. That the use for whkh the approval was granted has been so exercised as to be detrimenta~ to the pubiic health or safery, or so as to conscituce a nuisance (18.03.092[e]); 6. That C,onditionaJ Use Permft No. 104, previously approved a: sub~eci location, permits the sale of beer in conJunction wfth a restaurant, but that the current Alcoholtc Beverage Contrd (ABC) Iicense is a Type '47,' On-Sale General - Eating Place (full alcohd) Ifcense; CR2750DM.W? -i- PC:96-99 ~ ~ 7. That the cuRent ABC Ikense requires that sales of aicohdlc beverages sha~~ be made only in conjunction wfth the sale and service of food; and that ABC requfres the premisas to be maintafned as a bona flde restauraRt and that a menu be provkled contalning an assortmerd of foods normally offered at restaurar-ts; 8. That the Pdice DepartmeM has observed person(s) solicftfng or encouraging others to biry them drinks, in this licensed premises, for purposes of obtaining a commissfon, percentage, salary or profit sharing by conspiracy; 9. That the evkJence presented a~r-dudes that the serving of ineais is not, or has not been, ihe primary use or source of revenue for the busic~ess, a~xl/or that the serving of ineals is, or has been, inc;dental to the sale of alcohdic beverages; and 10. That no on~ ind~ated their presence at safd publk hearing in oppositiors; and that no correspondence was receNed in opposh~on to the subJect proposal. G~~cnen~~e GnnnanntnnENTAL QUALITY AC7 FINDING: The ~'lanning Director's authM'ized representative has determined that the proposed project falls wfthin the deflnition ~,:~ Caiegor~al Exemptions, Gass 21, as defined In thg 5tate EIR Guidelines and is, therefore, categorical{y exempt firom the requirement to prepare an EIR. NOW THEREFORE BE IT RESOLVED, that the Anaheim Ciry Planning Commisslon ciaes hereby revoke Condftional Use Pemnft No. 1765• THE FOREGOING RESOLUTION was adopted at the Plan ing Commission meetin~ of September 30, 1996. ~~~~~` 1 i CHAIRMAN, ANAHEIM CI PLANNING COMMISSION ATTEST: IU~( _ SECRETARY, AHEIM CITY PLANNING COMMISSION - STATE OF CALJFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) , I, Margarita Sdo~io, Secretary of the Maheim Ctty Planning Commission, do hereby certHy that the foregoing resdution was passed and adopted at a mcaeting of the Anaheim Cfry Planning Commission held on September 30, 1996, by the fdlow(ng vo:e of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA NOES: COMMISSIONERS: NONE P.BSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have her~unto ..et my hand this 2S~ day of ~~ ~ 1996. /~~~~~~~ ~' 0>O~GtI-1A.~ SECRETARY, AHEIM CITY PLANNING COMMISSION -2- PC96-99