Resolution-PC 97-172~ ~
RESOLUTION NO. PC97-172
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROI~AL OF
RESOLUTIO C NDITIONAL USE PERMIT NO. 68ECTION WITH
WHEREAS, on May 31, 1985, the Anaheim City Planning Gommission adopted
Resolution No. PC85-124 to approve Conditional Use Permit No. 2681 and permit a semi-enclosed
restaurani with on-premises sale and consumption of alcoholic beverages, and with waiver of minimum
number of park9ng spaces at 480 North Glassell Street; and that on January 24, 1994, the Planning
Commission adopte~ Resolution No. PC94-9 to amend said conditional use permit and permit four
billiard tables as an accessury use to the existing restaurant; and
WHEREAS, Condition Nos. 27.d, 27.m. and 27.0. of said Resolution No. PC94-9 specify
th~ follnwing:
27. That subject business shall continuously adhere to the following conditions, as
required by 1he Police Department:
d. The quarterly gross sales of alcohalic beverages shall not exceed the gross
~ales of food or other commodities during the same period.
m. There shall be no Iive entertainment, amplified music or dancing permitted on
the premises at any time.
a, There shall be no coin operated games maintained upon the premises a4 sny
time.
WHEREAS, the undeilying property is deveioped with a 5,500 sq. ft. freestanding semi-
enclosed restaurant (Press Box Sports Bar and Grili) in Development Area 1(Industrial Area) of the
Northeast Area Specific Pian (SP94-1).
WHEREAS, the petitioner has requested amendmer~t or deletion of Condition No. 27.m.
under the authority of Code Section 18.03.092.060, to add live entertainment (a live band) with dinner
dancing for ~'estaurant patrons; and that the petitioner has stated there will be no admission charge for
the dinner dancing, tY~e music selection will be folk-type music, one of the four billiard tables will be
removed from a portion of the restaurant where the entertainment is proposed to take place, and the
1,500 sq. ft. dining area will remain intact as the primary use.
WHEREAS,1hE City Planning Commission did hold a public hearing at 1he Civic Center in
the City of Anaheim on December 8, 1997, at 1:30 p.m., notice of said public hearing having been duly
given as required by iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed am~ndment ar.d to investigate and
make findings and recommendation~ in connection therewith; and
-1- PC97-172
CR3127PL.DOC
~ ~
WHEREAS, said Cc~mmission, after due inspe~~tion, investigation and study made by its~lf
and in its behalf, and after due consideration of ail evidence and reports offered a: sai~1 hearing, does
find and determine the following fac4s:
1. That th~: proposed modification, including imposition of 2dditional conditions
thereto, is~ reasonabiy necessa~y lo protect the public peace, health, safety or general welfare, and
necessary to permit reasonable operation under the conditional use permit as granted;
2. That the proposed live e~tertainment and dinner dancing shail be accessory to
the permitted primary restaurant use;
3. That there are no current Code violations pertaining to this property;
4. That no one indicated 1hPir presence at said putrlic hearing in opposition; and
that no correspondence was received in opposition to the su~ject petition.
CALIFORNIA EPJVIRONMENTAL QUALITY ACT FINDING: Thai the Anaheim City
Pianning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditionai Use Permit No. 2681 is adequate to serve as the
required environmental documentation in connection with this request upon finding that ihe declaration
reflects the independent judgment of the lead ~gency ar:d that it has considered the previously approved
Negative Declaration togeiher with any comments received during the public review process and furlher
finding on the nasis of the initial study and any comments received that there is no substantial evidence
that the project wili have a signifcant effect on ihe em~ironment.
NOW, Th1EREFORE, Br IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC85-124, adopted in connection with Conditional Use Permit No.
2681 and amended by Resolution No. PC 94-9, as foliows:
~i~ Delete existing Cunditior No. 27. m., in its entirety.
(ii) Amend existing Condition Nos. 27.d. and 27.0. to read:
27. d. The quarter~y gross sales of alcoholic beverages shail not exceed forty perc~ent
(40%) of the total gross sales.
27.0. That there shall be no ~nore than four (4) coin or currency operated amusement
games upon the premises at any time.
(iii) Add the following conditions of approval:
31. That there shail be no admission fee charged at any time.
32. That ihe live entertainment shali be accessory to the restaurant business.
33. That the accessory live entertainment and dinrer dance shall expire in eighteen
(18) months from the date of this resolution, on June 8, 1999.
34. That a maximum of three (3) billiarcJ lables shall be permitted in the restaurant.
-2- PC97-172
~ ~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 8, 1997. ~_~_. ~
~Gu-(~ < ~~~%'~'~- ~.~, r /.
CHAIRPERSON, ANAHEIM CITY PLAPJNING COMMISSION
,q'rT~ST: ~~ll~~
Tl
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Ar~heim City Planning Commission, do hereb~
certi~y that the foregoing resolution was passed and adopted at a meeting of the Araheim City P!anning
Commission held on December 8, 1997, by the following vote of ih~ members thereof:
AYES: COMMISSION~RS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAc'A
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER 3_,Q ,
r~~-
IN WITNESS WHEREOF, I have hereunto set my hand this day of
~~.~1~~~ 1997. ~ . /~ „i _ . '_ ~
SECRETARY, NAHEIM CITY PLANNING COMMIB~ION
-3- PC97-172