92-024 RESOLUTION NO. 92R-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM MODIFYING VAHIAHCE NO. 1323, AND
REVERSING PLANNING COMMISSION RESOLUTION NO.
PC91-195.
WHEREAS, the Planning Commission of the city of Anaheim
heretofore approved Variance No. 1323 on January 16, 1961, by its
Resolution No. 150, Series 1960-61, to permit the sale of
alcoholic beverages in conjunction with a restaurant, subject to
certain conditions set forth in said Resolution; and
WHEREAS, on December 16, 1991, the Planning Commission
held a duly noticed public hearing pursuant to the provisions of
Section 18.03.091 of the Anaheim Municipal Code to consider the
possible revocation or modification of said Variance No. 1323;
and
WHEREAS, on December 16, 1991, after the receipt of all
testimony, evidence and reports, written and oral, at said public
hearing, the Planning Commission did adopt its Resolution No.
PC91-195 revoking and terminating Variance No. 1323 for the
reasons set forth in said Resolution No. PC91-195; and
WHEREAS, within the time provided by law, said decision
was appealed to the City Council of the City of Anaheim; and
WHEREAS, on February 4, 1992, the City Council did
conduct a duly noticed public hearing pursuant to the provisions
of Section 18.03.091 of the Anaheim Municipal Code to determine
if the grounds existed under the provisions of Section 18.03.092
of the Anaheim Municipal Code to revoke or modify Variance No.
1323; and
WHEREAS, after considering all of the evidence and
testimony offered at said hearing, the city Council does hereby
find that Variance No. 1323 is being exercised (i) contrary to
the terms of its approval and (ii) in a manner detrimental to the
public health or safety, or so as to constitute a nuisance, for
the reasons set forth in Paragraphs 13 and 14 on pages 4 and 5 of
the Staff Report dated December 16, 1991, which Staff Report
constitutes a portion of the record of said hearing before the
City Council; and
WHEREAS, the City Council did determine that, for the
reasons hereinabove set forth, said Variance No. 1323 should be
modified in the manner hereinafter described; and
WHEREAS, said modifications were further agreed to by
the permittee at the public hearing on February 4, 1992.
NOW, THEREFORE, BE IT RESOLVED by the city Council of
the City of Anaheim that, for the reasons hereinabove set forth,
VAR #1323
Resolution No. PC91-195 be, and the same is hereby, reversed, and
that Variance No. 1323 as approved by Resolution No. 150, Series
1960-61 be, and the same is hereby, modified by the addition
thereto of the following new conditions of approval:
"3. The term 'restaurant' as used in this Variance
shall mean that substantial food items (e.g. sandwiches,
pizza) shall be available for consumption on the premises;
provided nothing contained herein shall be deemed to require
food service to an extent which would violate any applicable
law, or administrative rule or order, of the Department
of Alcoholic Beverage Control.
"4. The business owner shall provide a uniformed
security guard on the exterior of the premises (beginning
not later than February 12, 1992) every business day from
6:00 p.m. to one-half hour after closing.
"5. The business owner shall incorporate measures to
reduce noise levels emanating from the subject establishment
to comply with all applicable Anaheim Municipal Code
requirements.
"6. This variance and the entitlements granted
hereunder shall expire on August 5, 1992; provided, such
Variance shall be subject to possible further extensions in
accordance with the provisions of Section 18.03.093 of the
Anaheim Municipal Code. The City Council shall be deemed
the body which granted final approval of said Variance for
purposes of considering further extensions thereof."
BE IT FURTHER RESOLVED that, except to the extent
expressly modified by this Resolution, Variance No. 1323 shall
remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
city Council of the City of Anaheim this 4th day of February,
1992.
ATTEST: /
CITY CLERK OF TEE C~TY OF ANAHEIM
JLW:jw
VAR #1323
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. 92R-24 was introduced and adopted at a regular
meeting provided by law, of the Ana~heim City Council held on the 4th day of
February, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: Daly
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 92R-24 on the 5th day of February, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of February, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
~SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 92R-24 duly passed and adopted
by the City Council of the City of Anaheim on February 4, 1992.
CITY CLERK OF THE CITY OF ANAHEIM