Resolution-PC 98-3RESOLUTION NO. PC98-3
A RESOLUTION OF THE .ANAHEIM CITY PLANNING COMMISSiON
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC96-93 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3873
WHEREAS, on September 16, 1996, the Pl3nning Commission adopted Resolution No.
PC96-93 to approve Conditionai Use Permit No. 3873, in part, and permit a restaurant with a micro-
brewery within a previously-approved 8,327 sq. ft. banquet facilily; and
WHEREAS, subject property is developed with a 281,572 sq. ft. industrial complex
including two restaurants (6,300 sq. ft, and at 8,327 sq. ft.); and that the property is zoned ML (Limited
lndustrial). .
WHEREAS, the petitioner proposes amending Conditional Use Permit No. 3873 under
authority of Code Section 18.61.050.390 to permit public entertainment in conjunction with the
previously-approved restaurant with sale of alcoholic beverages for on-premises consumption;
WHEREAS, the petitioner requests public entertainment in the 8,327 sq, ft. restaurant
(Hop City Blues and Br2w) in order to charge a"show fee" for diners; and that the fee is to defray the
cost of the entertainment in order to keep the price of the menu at its current range ($9.00 to $12.00);
WHEREAS, the petitioner indicates the restaurant will not bre~v its own beer on-site as
previously-approved in order to provide more selections to the diners and, therefore, the original floor
plan has been altered by removal of the brewery tanks and inclusion of a dance floor and stage; and that
the petitioner states that tfle primary use of this facility is a restaurant, and that the "show fee" will be an
occasionai added cost for the dining customers;
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 5, 1998, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of tt?e Anaheim tiiunicipai Code, Chapter
18.03, to hear and consider evidence for and ac~ainsl s2id proposed amendment and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideraCion of all evidence and reports offered at said hearing, d~es
tind and determine the following facts:
1. That ihe proposed use, as amended, is properly one for which a conditional use
permit is authorized Uy ,'ie "Loning Code;
2. That the use, as amended, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be Iocated;
3. That the size and shape of the site for the proposed use is adequate to allow the
full development of the use, as amEnded, in a manner not detrimental to the particular area nflr to the
peace, health, safety, and general welfare because the property is large enough to support ti~e }~roposed
use and that there is sufficient parking for the existing restaurant and the proposed public entertainment
component;
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4. That the traffic generated by the proposed use wili not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
property abuts State Coilege Boulevard (an aRerial highway); and that the modifications to the floor plan
and addition of public entertainment do not generate an increased parking demand;
S. That the granting of the conditional use permit, as amended and under the
conditions irriposed, will not be detrimental to the ^4ace, health, safety and general welfare of the
citizens of the City of Anaheim;
6. 'fhat the modifications, including the imposition of additional conditions, is
reasonably necessary to protect ihe public peace, health, safety or general welfare, and necessary to
permit reasonable ooeration under ttie conditional use permit, as originally granied;
7. That no one indicated their presence at said public hearing in opposition; and
that no corresponc~°nce was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; That the Anaheim City
Planning Commission has reviewed the proposal to permit public entertainment in conjunction with a
previously-approved restaurant (Hop City Blues and [irew) wiih sale of aicoholic beverages for on-
premises consumption on propeRy located at 1939 South State College Boulevard; and does hereby find
that the Negative Declaration previously approved in connection with Conditional Use Permit Na. 3873 is
adequate to serve as the required environmental documentation in cor,nection with this request upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the previously approved Negative Declaration together with any comments received during
the pubiic 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 affect on the environment.
NOW THEREFORE BE IT RESOLVED that the Anaheirn City Planning Commission does
hereby amend Resotution No. PC96-93, adopted in connection wiih Conditionai Use Permit No. 3678, as
follows:
(i) That Condition Nos. 1.a, 1.b and 2 are amended to read:
1.a. That food service, including meals, shall be available until closing time on every day of
operation.
1.d. That the quarlerly gross sales of alcoholic bevE;rages shall not excwed forty percent
(40°~) of the gross saies of food and/or other commodities (excluding cover charge or
admission fees) during the same period.
2. ; hat the property shall be rJeveloped substantiaily in accordance with plans and
specifications submitted to the City of Anaheim b~~ the petitioner and which plans are on
file with the Planni~g Depar!ment marked Exhibit IVo. 1, Revision No. 1 of Exl~ibit No. 2,
and Exhibit Nos. 3 and 4.
(ii) That the following new conditions are added:
10. Tliat the collection of a cover charfle shall be limited to no more than ihree (3) nights a
week.
11. That the micro-brewery component of this restaurant is hereby deleted, as stipulaled to
by the petitioner.
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13. That the accessory F~ublic enleRainment portion of this restauranf shali expire on
Janua:y 5, 1999.
14. That prior to provision of entertainment in conJur.ction with this restaurant, the appiirznt
shall obtain the appropriate parmit(s) from the Business License Division of the City of
Anaheim Finance Department.
THE FOREGOING RESOLUTION was sdopted at the Planning Commission meeting of
January 5, 1998.
17~1=~~~z~~fr--~~
CHAIRPERSON, ANAHEIM CI7Y PLANNING COMMISSION
ATTEST:
~..~ ~~~
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFG~rtNIA )
COUNTY OF ORANGE ) ss.
C;TY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 5, 1998, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMfJIISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand ihis ~O ~ day of
, 1998. /~„ ~Jt7Cduu0'
( fL
SECRETr:RY, NAHEIM CITY PL4NNING COMMISSION
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