97-006RESOLUTION NO. 97R-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING THE FINDINGS OF FACT AND
RECOMMENDATIONS OF HEARING OFFICER ADDING NEW
CONDITIONS OF APPROVAL OF CONDITIONAL USE
PERMIT NO. 104 AND CONDITIONAL USE PERMIT NO.
1765.
WHEREAS, on March 16, 1961, Conditional Use Permit No.
104 was granted under Resolution No. 193 by the Anaheim City
Planning Commission to permit the sale of beer in conjunction
with a 1,298 square -foot restaurant at 1652 West Lincoln Avenue;
and
WHEREAS, on November 11, 1977, Conditional Use Permit
No. 1765 was granted under Resolution No. PC 77 -250 by the
Anaheim City Planning Commission to permit a 1,298 square -foot
beer bar at 1652 West Lincoln Avenue.; and
WHEREAS, on July 8, 1996, the Anaheim City Planning
Commission held a public hearing at the Civic Center in the City
of Anaheim, notice of the public hearing having been duly given
as required by law and in accordance with the provisions of the
Anaheim Municipal Code, Chapter 18.03, to consider a City
initiated request to revoke or modify Conditional Use Permit No.
104 (for the sale of beer in conjunction with a restaurant) and
Conditional Use Permit No. 1765 (to permit a 1,298 square foot
beer bar) at 1652 West Lincoln Avenue; and
WHEREAS, on August 19, 1996, by its Resolution No. PC-
96-98, the Planning Commission revoked Conditional Use Permit No.
104 (for the sale of beer in conjunction with a restaurant), and
by its Resolution No. PC- 96 -99, the Planning Commission revoked
Conditional Use Permit No. 1765 (to permit a 1,298 square foot
beer bar); and
WHEREAS, on October 17, 1996, Rick A. Blake, Esq., Rick
Blake Associates, on behalf of the owner of El Ojo De Agua,
filed a timely appeal of the Planning Commission's decision to
terminate Conditional Use Permit No. 104 and Conditional Use
Permit No. 1765 on August 19, 1996; and
WHEREAS, on October 22, 1996, by motion, the City
Council appointed a Hearing Officer to conduct a hearing on the
matter and make recommendations to the City council pursuant to
A.M.C. §1.12.110; and
WHEREAS, a Notice of the Public Hearing before a Hearing
Officer regarding the appeal of the Planning Commission's
decision was duly given by the City; and
WHEREAS, on December 4, 1996, the Hearing Officer opened
the public hearing relating to modification or termination of
Conditional Use Permit No. 104 and Conditional Use Permit No.
1765 and received oral and written testimony; and
WHEREAS, the City of Anaheim appeared and was
represented by Bruce Freeman, Code Enforcement Supervisor and
Mark S. Gordon, Deputy City Attorney. Appellant Juan Carbajal,
owner of El Ojo De Agua, appeared and was represented by Rick A.
Blake, Esq., Rick Blake Associates; and
WHEREAS, both sides were provided the opportunity to
present evidence. Seventeen exhibits offered by the City of
Anaheim were received into evidence. At the conclusion of the
hearing on December 4, 1996, the Hearing Officer closed the
evidentiary portion of the hearing and continued the public
hearing until such time as the transcript could be completed by
the certified shorthand reporter and requested each side to
submit proposed findings of fact and recommendations. The
Hearing Officer indicated that there would be no further
testimony at the continued public hearing; and
WHEREAS, the parties stipulated to these recitals,
findings and recommendations to the City Council; and
WHEREAS, the Hearing Officer has, in accordance with
Section 1.12.110 of the Anaheim Municipal Code, prepared, or
caused to be prepared, the administrative record of the hearing;
and
WHEREAS, the Hearing Officer, having considered the
exhibits received at the hearing, arguments and proposed findings
of fact and recommendations of counsel, has prepared Findings of
Fact and Recommendations of Hearing Officer to Anaheim City
Council pursuant to Anaheim Municipal Code Section 1.12.110 (the
"Findings of Fact and
WHEREAS, on January 7, 1997, the City received the
administrative record and the proposed Findings of Fact submitted
by the Hearing Officer; and
WHEREAS, on January 14, 1997, the City Council did
consider the administrative record and the written
recommendations of the Hearing Officer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the City Council hereby adopts those
certain findings of fact and recommendations of the hearing
officer attached hereto, marked Exhibit A, and incorporated
herein by this reference as if set forth in full.
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BE IT FURTHER RESOLVED, based on the foregoing Findings
and evidence, that the City Council reverse the decision of the
Anaheim City Planning Commission to terminate Conditional Use
Permit No. 104 (for the sale of beer in conjunction with a
restaurant), and to terminate Conditional Use Permit No. 1765 (to
permit a 1,298 square foot beer bar), by the addition of the
following new conditions thereto.
BE IT FURTHER RESOLVED that Conditional Use Permit No.
104, as approved by Resolution 193, and Conditional Use Permit
No. 1765, as approved by Resolution PC 77 -250, are hereby
amended, to read as follows:
1. That the sale of alcoholic beverages for
consumption off the premises shall be prohibited.
2. That there shall be no live entertainment,
amplified music, or dancing permitted on the premises at any
time, with the exception that a juke box may be utilized.
3. That the activities occurring in conjunction with
the operation of the establishment shall not cause noise
disturbance to surrounding properties.
4. That the interior entry doors serving the
establishment shall be kept closed and unlocked at all times
during hours of operation, except for ingress and egress,
deliveries, and in the event of an emergency.
5. That uniformed and licensed (by the State Bureau
of Consumer Affairs) security guard or guards shall be provided
to the satisfaction of the Anaheim Police Department to deter
unlawful conduct on the part of employees or patrons, and to
promote the safe and orderly assembly and movement of persons and
vehicles, and to prevent disturbance to the surrounding
neighborhoods from excessive noise created by persons entering or
leaving the premises.
6. That the parking lot serving the premises shall be
equipped with lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons on
or about the parking lot.
7. That there shall be no pool tables or coin
operated games maintained within the subject establishment
without issuance of proper permits as required by the Anaheim
Municipal Code.
8. That the business operator shall comply with
Section 24200.5 of the Business and Professions and shall not
employ or permit any person to solicit or encourage others,
directly or indirectly, to buy them drinks in the licensed
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premises under any commission, percentage, salary, or other
profit- sharing plan or scheme, or conspiracy.
9. That there shall be no coin operated telephones
located inside the business premises and under the control of the
business owner.
10. That there shall be no coin operated telephones
located outside the business premises and under the control of
the business owner.
11. That the floor area of the subject premises shall
not exceed approximately 1,298 square -feet in area as indicated
in the diagram marked as Exhibit No. 17 and received into
evidence at the Public Hearing held on December 4, 1996,
concerning C.U.P. 104 and C.U.P. 1765.
12. That the premises shall be operated as a beer bar.
13. That the operator of the subject business shall
pay for the cost of any Code Enforcement Inspection in which a
violation is determined to exist.
14. That Conditional Use Permit No. 104 and
Conditional Use Permit No. 1765, under the conditions stated
above, shall expire six (6) months from the date of approval by
the Anaheim City Council.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of
Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is
governed by the provisions of Section 1094.6 of the Code of Civil
Procedure and Anaheim City Council Resolution No. 79R -524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 14th day of January,
1997.
ATTES
MAYOR OF THE CITY
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ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 97R -6 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 14th day of January, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -6 on the 14th day of January, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 14th day of January, 1997.
(SEAL)
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CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -6 was duly passed and adopted by the City Council of the
City of Anaheim on January 14th, 1997.
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CITY CLERK OF THE CITY OF ANAHEIM