94-127 RESOLUTION NO. 94R-127
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3672.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit to permit a public dance hall in conjunction with an
existing full-service restaurant having on-premise sales and
consumption of alcoholic beverages upon certain real property
located within the city of Anaheim, County of Orange, State of
California, legally described as:
PARCEL 1: THAT PORTION OF LOT 3 OF THE
DOMINGUEZ ESTATE, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 2, PAGE 15, RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTERLINE OF
PLACENTIA-YORBA ROAD, AS SHOWN ON PLANS
ENTITLED "PLAN AND PROFILE OF PLACENTIA-YORBA
ROAD", ON FILE IN THE OFFICE OF THE COUNTY
SURVEYOR OF SAID COUNTY, DISTANT THEREON NORTH
0 DEG. 28' 36" EAST, 384.41 FEET FROM ITS
INTERSECTION WITH THE CENTERLINE OF SANTA ANA
CANYON ROAD, 60.00 FEET WIDE, AS SHOWN ON A
MAP FILED IN SAID OFFICE OF THE COUNTY
SURVEYOR, THENCE SOUTH 83 DEG. 46' 57" EAST,
230.68 FEET TO THE WEST LINE OF THAT CERTAIN
PARCEL OF LAND DESCRIBED IN DEED TO THE STATE
OF CALIFORNIA RECORDED JANUARY 23, 1953, IN
BOOK 2441, PAGE 84, OF OFFICIAL RECORDS IN
SAID OFFICE; THENCE NORTH 65 DEG. 02' 06" EAST
202.77 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 86 DEG. 25' 25" EAST, 160.31
FEET; THENCE NORTH 71 DEG. 12' 00" EAST,
116.09 FEET TO THE SOUTHERLY CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN DEED
(STATE PARCEL C2577) RECORDED FEBRUARY 27,
1969 IN BOOK 8885, PAGE 577 OF OFFICIAL
RECORDS, IN SAID OFFICE; THENCE ALONG THE
EASTERLY LINE OF SAID LOT 3, SOUTH 0 DEG. 32'
18" WEST, 609.26 FEET TO A POINT IN THE
NORTHERLY LINE OF THE SANTA ANA VALLEY
IRRIGATION COMPANY CANAL RIGHT-OF-WAY, THE
CENTERLINE OF WHICH IS SHOWN ON MAP FILED IN
BOOK 4, PAGES 44 TO 50, INCLUSIVE, OF RECORD
OF SURVEYS, IN SAID OFFICE, SAID POINT BEING
ON A CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 818.20 FEET; THENCE FROM A TANGENT
BEARING SOUTH 84 DEG. 20' 31" WEST, WESTERLY
ALONG SAID CURVE THROUGH AN ANGLE OF 22 DEG.
40' 42", AN ARC DISTANCE OF 323.85 FEET TO THE
SOUTHERLY TERMINUS OF THE EASTERLY LINE SHOWN
AS "SOUTH 1 DEG. 50' 03" WEST, 257.80 FEET" IN
PARCEL 2 OF THAT PORTION OF IMPERIAL HIGHWAY
RELINQUISHED TO THE CITY OF ANAHEIM (REL-820)
BY RESOLUTION OF THE CALIFORNIA HIGHWAY
COMMISSION A CERTIFIED COPY OF WHICH
RESOLUTION IS RECORDED IN BOOK 10969, PAGE 47
OF SAID OFFICIAL RECORDS AND AS SHOWN ON A MAP
RECORDED MAY 23, 1973 IN BOOK 9, PAGE 9, OF
STATE HIGHWAY MAPS, IN SAID OFFICE; THENCE
ALONG SAID EASTERLY LINE OF IMPERIAL HIGHWAY
NORTH 1 DEG. 50' 03" EAST, 257.80 FEET; THENCE
NORTH 9 DEG. 56' 32" EAST, 276.46 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 2: ALL THAT CERTAIN REAL PROPERTY IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, BEING THAT PORTION OF THE SANTA
ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED
TO THE SANTA ANA VALLEY IRRIGATION COMPANY BY
DEED RECORDED JULY 18, 1934 IN BOOK 685 PAGE
255 OF OFFICIAL RECORDS, RECORDS OF SAID
COUNTY, LYING WITHIN THE LIMITS OF THE
SOUTHERLY PROLONGATION OF THE SIDE LINES OF
LOT 3 OF "DOMINGUEZ ESTATE", AS SHOWN ON A MAP
FILED IN BOOK 2, PAGE 15 OF RECORDS OF SURVEYS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING
WESTERLY OF THE EASTERLY LINE AND THE
SOUTHERLY PROLONGATION OF SAID EASTERLY LINE
OF THE LAND DESCRIBED IN THE DEED TO THE STATE
OF CALIFORNIA RECORDED JANUARY 23, 1953 IN
BOOK 2441, PAGE 84 OF OFFICIAL RECORDS,
RECORDS OF SAID 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. PC94-52 granting Conditional
Use Permit No. 3672; 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
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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 consi-
deration 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.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
city of Anaheim that, for the reasons hereinabove stated, the
Conditional Use Permit No. 3672 be, and the same is hereby, granted
permitting on the hereinabove described real property, subject to
the following conditions:
1. That subject petition is hereby granted for a period of
one (1) year from the date of this resolution to expire May 2,
1995.
2. That subject business shall continuously adhere to the
following conditions, as required by the Police Department:
A. Food service with available meals shall be available
from opening of the establishment until at least 10:00 o'clock p.m.
on every day of operation.
B. The subject alcoholic beverage license shall not be
exchanged for a public premises type license nor shall the premises
be operated as a public premise.
C. The quarterly gross sales of alcoholic beverages
shall not exceed the gross sales of food or other commodities
during the same period.
D. The sale of alcohol for consumption off the premises
shall be prohibited.
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E. Entertainment provided on the premises shall not be
audible beyond the area under the control of subject business.
F. There shall be no exterior advertising of any kind
or type, including advertising directed to the outside of the
building from inside, promoting or indicating the availability of
alcoholic beverages; provided, however, that the existing sign
facing Imperial highway and reading: "FOXFIRE DINING AND COCKTAILS"
may be retained.
G. No alcoholic beverages shall be consumed on any
property adjacent to the licensed premises under the control of the
licensee.
H. The parking lot of 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.
I. At all times during which dancing is being
permitted, uniformed security of a sufficient number shall be
present to control the pedestrian and vehicular traffic and prevent
unlawful conduct by employees or patrons in the building and
outside areas affected by the public's attendance. Security
officers shall comply with all State and local ordinances
regulating their services.
J. The number of persons attending any events shall not
exceed the maximum occupancy lead, as determined by the Anaheim
Fire Department. Signs specifying the maximum occupancy shall be
prominently displayed within the premises.
K. At all times that dancing is permitted, doors shall
remain closed except as otherwise required by law.
L. All entertainers and employees shall be clothed in
such a way as to not expose "specified anatomical areas" as
described in the Anaheim Municipal Code.
M. The business shall not employ nor permit any persons
to solicit nor encourage others, directly or indirectly, to buy
them drinks in the licensed premises under any commission,
percentage, salary, or other profit-sharing plan, scheme or
conspiracy.
3. 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 and 2.
4. That the applicant shall pay the cost of any future Code
Enforcement inspections which may be needed to address and resolve
violations.
7633.1\J%;HITE\Ju[¥ 28, 1994 -- 4 --
5. 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 No. 3,
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.
6. 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 21st day of June, 1994.
~YOR OF THE CI~OF~
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW: lm
7633.1\JWHITE~August 8, 1994 -- 5 --
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. 94R-127 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 21st day of June, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-127 on
the 22nd day of June, 1994.
IN WITNESS WHEREOF, I have hereunto se'~: my hand and affixed the official seal of the City of Anaheim
this 22nd day of June, 1994.
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. 94R-127 was duly passed and adopted by the City Council of the City of Anaheim on
June 21, 1994.
CITY CLERK OF THE CITY OF ANAHEIM