Resolution-PC 97-16~ ~
RESOLUTION NO. PC97-16
A RESGLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CER7AIN CONDITIONS OF APPROVAL OF
RESOLUTIO ON ITIONAL USE PERM T NON 594TI0N WiTH
WHEREAS, on January 5, 1976, Resolution No. PC76-5 was adopted by the Planning
Commission 9 f alcohol at 500 North BPookhu st St eet; andermit a restaurant vafth on-premises sale and
consumption o the Pianning
WHEREAS, on June 17, 1991, Resoludon No. PC91-89 was adopted by
Commission granting Conditiona~ Use Permit N°• anditha isaid~ resolution included a co d~on (No.i 6) that
number of parking spaces on subject property;
limited the O~mission a d C'!_ry Councii the last onetaf expi e on [4u{;~ t 22.~~'y'~Quandyf!.irther,~w en the
Planning C
last time extension was approved, the Ciry Council added new Cona'.eicn ho~ ~`? through 28 pertain(ng to
the specific use and operatiun of subject business. ; ;
WHEREAS, on Novemb~~ It onai~use PePmit be scheduled' for putiiicrheaeng tohconsider
Department, directed that subject cond rocr,'dure for termination or
revocation or modificatlon pursuant to the provisions of Sections 18.03.091 (p
modification of the Ai ahe m MunieiPal Code;~03.092 (c~rounds for termination or mod'rfication of conditional
use permits) of
WHEREAS, the Ciry N~~na 9 30 p.m. Snotice of ~said pubUo hear2ing having beien duly given
the City of Anaheim on January 6,
as required bc ~n ,de~ ev de cerf~~ and aga ns tsaid ProP~sedea nendmentuand( oi nv~e~stigate atnd,m ke
to hear and
findings and recommendation;i~~ Planning Commission meetingsiaand Iic hearing was continued to t e
January 22 and February 19,
WHEREAS, said Cummission, s~er due inspection, investigation and study made by itself
and in its behalf, an~ after aue considerati~n of all evidence and reports offered at said hearing, does find
and determine the toilowing facts:
1. That Conditional Use~Pai or n~v'o a oin of a y statuie,nol d nancee aw urrreg aConir~ry t~
the terms or conditions of its app
2. 1"hat the use far ~yhich the approval was granted has been so exercised as to be detrimental
to the public health or safety, or so as to constitute a nuisance;
3. '~hat any modifisaeaso a~ly e~oessary to pro ct he p bl c peace, ealth,isaPetytlor~gene al
additional conditions thereto,
weltare, or necessary to permit reasonable operation under the condftional use permit as granted; an
4. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
PC97-16
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CR2831 DM.WP
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CALIFORNIA ENVIRONMENTAL QUAL{TY ACT FINDIlJG: That the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the Negatiroe Declaration previously
approved in connection wfth Conditional Use Permit No. 1594 is adequate to serve as the required
environmental documentation in connection with th(s request upon find(ng that the declar3tion reflects the
independent judgement of the lead agency and that it has considered the previously approved Negattve
Declaration together wfth any comments receNed during the public review process and further finding on
the basis of the initial study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
N~w, therefore, be it resalved that the Anaheim City Planning Commission does heraddinm the
Resolution No. PC76-5, adopted (n connection with Conditio~al Use Permit No. 1594, by 9
foliowing conditions:
16. That food service with avail3ble meals shall be available from opening time until 10:00 p.m. or ciosing
tims, whichever occurs Brst, on each day of operation.
17. That the premises shall be maintained as a bona fide restaurant and shall provide a menu containing
an assortment of foods normally offered in such restaurants.
18. That the Type 47 (On-Sale General - Eating Place) alcoholic beverage license shall not be exchanged
for a"public premises" type Iicense nor shall the presmises be operated as a"public premises."
19. That the quarterly gross saies of alcoholic beverages shall not exceed the gross sales e.° food or
other commod'~ ~5 during the same period. The owner shail, at ali times, maintain records which
reflect, separa ' ~, the gross sales of food and the gross sales of alcoholic beverages of the licensed
business. Qua~:arly records for the previous two (2) year period shall be kept by the owner, wfth
appropriate back-up documentation for wholesale purchase of food and alcohol for the premises, and
made availabie for inspection by City of Anaheim Code Enforcement and Police Department personnei
during regular restaurant business hours.
20. That subject use permit is hereby granied for a period af six (6) months to expire on August 19,
1g97; and that a progress report, concerning compliance with condi:ions of approval and al~
applicable rules and regulations, shall be submitted to the Planning Commission as a Reporis and
Recommendations item four (4) months from the date of this resolution. The Planning Commission
may, at that time, readvertise the subject conditional use permit for revocation or modification.
15. That the quarteriy gross sales of alcoholic beverages shali not exceed the gross saies of food or
other commodities during the same period. The owner shall, at all times, maintain r2cords which
reflect, separately, the gross sales of food and the gros ea leeo~laoe ol~~c~bekept by he ownerna d
business. ~uarterly records for the previous two (2) Y P
appropriate back-up documentation for whole-sale purchase of food and alcohol, on the premises,
and made >-~a~lable for inspecti:m by Ciry of Anaheim Code Enforcement and Pollce ~epartment
personnel during regular restaurant business hours.
18. That, at any time the premises is providing entertainment and/or dancing, the business owner shall
provide uniformed security guard(s) licensa.d by the Bureau of Consumer Affairs, to maintain order
Inside the business and in the parking lot, and to prevent any activity which would interfere with the
quiet enJoyment of the property of nearby fUV~~ bS~thehA ~heim Police Departmenir of guards, and
the days and hours of patrol shall be app Y
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THE FOREGOING RESOLUTION was adopted at the P!anning Commission meeting of
February 19, 1997• ~
CHAIRPERSON, ANAHE CETY PIANNING COMMISSION
ATTEST:
SECR AR., A~M CITY P NNING CGMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHElb1 )
I, E~ ~f ~ L Harris, Secr~tary of the Anahelm City Planning C~mmis~ion, do hereby certify that
the foregoing resofution was passe~J and 2dopt2d at a rneoting of the Anaheim Ciry Planning Commission
held on February 19, ?y97, bY the followiny vote of the members thQreof:
AYES: COMMISSIONER.u: BOST1rVIC•.{, BnYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: Nt)NE
ABSENT: COMMISSIONERS: Mf~YER
IP: WITNESS WHEHEnE=, I havs hereunto set my hand this ,y~ ,- day ot ~
199Y. _ Q ~~ .
~ 0-~`N`~~ ~~~--,
SECRETARY~ ANAHEIM CITY PLANNING COMMlSSION
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