Resolution-PC 97-17~ ~
RESOLUTION NO. PC97-17
A RESOLUTION OF THE ANAHEIM CITY PIl~NNING CO~AMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RE50LUTION NO. 95R-158 ADOPTED !N CONNECTIOiV WITH
CONDITIONAL I~SE PERMIT N0. 3421
WHEREAS, on June 17, ?991._ Resolution No. PC91-89 was adopted by the Planning
Cor~missfon granting Conditional Use Ferr~iit P:~. 3421 to permft a public dance hall wfth waiver of minimum
number of parking spaces AT 500 North Brookhurst Street; and that said rssolution included a condftion
(No. 6) that limited the use to a pericd of one year; and that three tims extensions were subsequently
approved by the Planning Commissfon and City Council, the last one to expire on August 22, 1998; and,
further, when the last time extension was approved, the Ciry Council added new Condition Nos.11 through
28 pertaining to the spec~ic use and operation of subject business.
`NHEREAS, on November 13, 1996, the Plan~ing Commission, at the request of the Police
Depa~tment, directed that subject conditional use permit be scheduled for public hearing to consider
revacation or modification pursuant to the provisfons of Sections 18.03.091 (pracedure for termination or
modification of condftional use permfts) and 18.03.092 (grounds for termination or modiflcation of conditional
use permits) of the Anaheim Munic(pal Code;
WHEREAS, the C'ity Planning Commission did hold a public hearing at the CNic Center in
the C(ty of Anaheim on January 6, 1997, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance wfth the provisions of the Anahelm Municipal Code, Chapter 18.03,
to hear and consider evidence far and against said proposed amendment and tA investigate and make
findings and recommendations in connection therewith; and that said public hearEng was continued to the
January 22 and February 19, 1997 Planning Commission meetings; and
WHEREAS, safd Commission, after due inspACtion, InvestigatEnn and study made by itself
and in its behalf, and after due consideration of ail evidence and reports offerE~i at said hearing, does find
and determine the foliowing facts:
1. That CondKional Use Permft No. 3421 is being, or recently has b~en exerclsed contrary to
the terms or condftions of hs approval, or in vioiation of any statute, ordinaRCe, law or regulation;
2. That the use for which the approval was granted has been so exercised as to be detrimental
to the public heaith or safery, or so as to constftute a nulsance;
3. That any modffication to Condftional Use Permft No. 3421, including the imposition of any
additional conditions thereto, is reasonably necessary to protoct the public peace, health, safery, or general
welfare, or necessary to permft reasona~le operati~n under the condftional use permft as granted;
4. That, based on testimony received at the pubUc hear(ng, it was determined that following
are contrary to the conditions (mposed on subject use permft:
(i) That food se~rvice with available meals has nat been available from opening time until 10:00 p.m. or
closing time on the days of operation;
(ii) That the pr~amises have not besn maintained as a bona flde restaurant and a menu containing an
assortment of foods nonnally offered in such restaurants has not been provided;
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(ifi) Tha: the door(s) have remained open during the hours of operation of the premises;
(iv) That the quarterly gross sales of alcoholic beverages has exceeded the gross sales of food or other
commodfties du~ing the same period;
(v) That entertainment provided in the premises is audible beyond the area undEs the control of the
Iicensee; and
5. That no one indicated their presence at said pub8c hearing in opposition; and that no
correspundence was received in opposftion to the subJect petitior+.
CALIFORNIA ENVIR~IMENTAL QUAUTY ACT FINDItvG: That the Anaheim Ciry Planning
Commission has reviewed the proposal and does hereby find thai the Negative Declaration previously
approved in connection wfth Condftionai Use Permit No. 3421 and is adequate tu serve as the required
environmental documentation in connection with this request upon finding tl~at the declaration reflects Ehe
independent judgement of the Iead agency and that it has considered the previously approved Negative
Declaration together with any comments receNed during the public review process and further 8nding on
tl~e 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- ~v, therefnre, be it ~esolved that the Anaheim C'rty Planning Commiss{on dces hereby amend
Resolution No. PC91-89, adopted in connection wfth Condftional Use Permft No. 3421 and as amended
by Resolution Nos. PC91-89, PC91-130, PC92-75 and 95R-158, as follows:
That Condftion Nos. 15 and 18 be amended to read:
15. That the quarterly gross sal~,a of alcohdic beverages shali not exceed the gross sates of food
or other commodities during the same period. The owner shall, at all times, mafntain records
which reflect, separately, the gross sales of food and the gross sales of alcoholic bever~ges of
the I(censed business. Quarterly records for the prevlous two (2) year pe~iod are to be kept by
the o~: mer and appropriate back-up documentation f~r ~rfhale-sale purchase of food and alcohol,
on the premises, and made avaUable for (nspection by Cfty' of Anaheim Code Enforcement and
Police Department personnel during regular restaurant business hours.
18. That at any time the premises is providing entertainment and/or dancing, the business owrier
shall provide unfformed security guard(s) licensed by the Bureau of Ccrnsumer Affafrs, to maintain
order inslde the business and in the parking lot arxi to prevont any activ'dy wh(ch would interfere
witli the quiet enjoyment of the property of nearby reskienis. The securiry comp~any, number of
guards, and the days and hours of patrd shall be approved by the Anaheim Pdice Department.
And, further, that the fo{lowing and new condfttons shall be addecl:
29. That the sales and service of alcohdic beverages shall cease at 12 a.m. or closing time,
whichever occurs first.
30. That persons under the age of twenry one (21) shall be prohibfted fn thg bar/publ(c dance hall
area of the business.
31, That subject use permft (s hereby granted for a period of six (6) months, to expire on August 19,
1997 and that a progress report shall be gtven to the Plann(ng Commissiorr: ~s a Heport and
Recommendations ftem, pertainfng to complfance with conditions of approval and ail applicable
rules and regulations, four (4) months frnm the date of th(s resul~dion. The Plan~sing Commission
may, at that time, readvertise the subject condflional use pennk for sevocatlon or mcxiiflcation.
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THE FOREGOlNG RESOLUTION was adopted at the Planning Commission meeting of
February 19, 1997• ~ „ „ n
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CFWRPERSON, ANAHEI CIN PLANNING COMMISSIO~J
ATTEST: /? _ ., /
SECR HY, ANAHEIM CIT~PLANNING COt~AMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Ed(th L Harcis, Secretary of the Anahefm City Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Cfty Planning Commission
held on February 19, 1997, by the foliowing vote of the memtrers thereof:
AYES: CONiMISSIONERS: BOSTWICK, BOI~'DSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
AE3SENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~7 G6 day of Y/11~~ ,
1997. ~'~
PL~ ~ ~I~~/L1.~h
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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