93-217 RESOLUTION NO. 93R-217
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3630
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a public dance hall with on-premise sales and consumption
of alcoholic beverages in an existing 15,744 sq.ft restaurant upon
certain real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
PARCEL 1 AS SHOWN ON A MAP RECORDED IN BOOK 47,
PAGE 13 OF PARCEL MAPS, RECORDS OF SAID ORANGE
COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the city of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC93-101 granting
Conditional Use Permit No. 3630; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the city Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it is
proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved
to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all of
the conditions set forth in Section 18.06.080 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance(s) under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3630 be, and the same is hereby, granted
permitting a public dance hall with on-premise sales and
consumption of alcoholic beverages in an existing 15,744 sq.ft
restaurant on the hereinabove described real property with a waiver
of the following provisions of the Anaheim Municipal Code:
Sections 18.06.050.0231 - Minimum number of parkinq spaces.
18.06.080 (126 on-site spaces required by Code;
and 18.44.066.050 476 spaces proposed [111 on-site and
365 off-site])
subject to the following conditions:
1. That subject conditional use permit is hereby granted for a
period of one (1) year until November 2, 1994. This condition
may be amended or deleted upon request by the petitioner in
conjunction with a public hearing.
2. That food service including meals shall be available until
closing time on each day of operation.
3. That the alcoholic beverage license shall not be exchanged for
a Public Premises type license nor shall the business be
operated as a public premises.
4. That the sale of alcoholic beverages for consumption off the
premises is prohibited.
4583.1\JUHITE\November 3, 1993 2
5. That the quarterly gross sales of alcoholic beverages shall
not exceed the gross sales of food or other commodities during
the same period.
6. That entertainment provided shall not be audible beyond the
area under the control of the business at any time.
7. That the exterior doors shall be kept closed at all times
during the operation of the premises except in cases of
emergency and to permit deliveries.
8. That at any time entertainment and/or dancing is provided on
the premises, the applicant shall provide four (4) uniformed
security guards (licensed and bonded) in the parking lot to
maintain order therein and to prevent any activities which
would interfere with the quiet enjoyment by nearby residents
of their property.
9. That there shall be no exterior advertising of any kind or
type, including advertising directed to the exterior from
within, promoting or indicating the availability of alcoholic
beverages.
10. That trash storage areas shall be refurbished to the
satisfaction of the Department of Maintenance to comply with
approved plans on file with said Department.
11. That a plan sheet for solid waste storage and collection, and
a plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
12. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revisions of Engineering Standard
Plan Nos. 436 and 602 pertaining to parking standards and
driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans. In
addition, those areas of the parking lot which are cracked
and/or inadequately striped, shall be resurfaced and restriped
to the satisfaction of the Traffic and Transportation Manager.
13. That the driveways on State College Boulevard shall be
reconstructed to accommodate ten (10) foot radius curb returns
in conformance with Engineering Department Standards.
14. That prior to commencement of the public dance hall
activities, the portion of the block wall located along the
north property line which is deteriorated, broken and/or
missing masonry blocks shall be repaired.
15. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 4.
4583.1\JWH~TE\November 3, 1993 -- 3 --
16. That within a period of one (1) year from the date of this
resolution, additional landscaping consisting of minimum
fifteen (15) gallon trees planted on maximum twenty (20) foot
centers shall be installed in the parkway on State College
Boulevard, following review and approval by the Parks,
Recreation and Community Services Department.
17. That prior to commencement of the activity authorized by this
resolution or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition Nos. 10,
11, 14 and 15, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be
granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
18. That within a period of one (1) year from the date of this
resolution, Condition Nos. 12, 13 and 16, above-mentioned,
shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
19. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 2nd day of November, 1993.
MAYOR OF THE CITY O~ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIm'
JLW:tm
4583.1\JUH[TE\November 3, 1993 -- 4 --
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. 93R-217 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 2nd day of November, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson
NOES: COUNCIL MEMBERS: Pickler, Daly
ABSENT: COUNCIL MEMBERS: None -~.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-217 on
the 3rd day of November, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 3rd day of November, 1993.
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, 93R-217 was duly passed and adopted by the City Council of the City of Anaheim on
November 2, 1993.
CITY CLERK OF THE CITY OF ANAHEIM