96-058 RESOLUTION NO. 96R-58
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING AN
AMENDMENT TO CERTAIN CONDITIONS OF
APPROVAL IN CONDITIONAL USE PERMIT
NO. 3731 AS APPROVED BY RESOLUTION
NO. PC94-160
WHEREAS, the Planning Commission of the City of Anaheim
heretofore adopted Resolution No. PC94-160 approving Conditional
Use Permit No. 3731, to permit alcoholic beverage sales in
conjunction with a restaurant, for in period of one year only, on
certain real property situated in the City of Anaheim generally
located at 1652 W. Lincoln Avenue, and legally described as:
THAT PORTION OF LOT 4 OF HELEN AND LYNCH'S ADDITION
TO ANAHEIM, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 442, PAGE 158 OF DEEDS, IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA,
LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SECTION
16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN
BOOK 51, PAGE 10, MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, EAST 330.08
FEET FROM THE NORTHWEST CORNER OF SAID SECTION;
THENCE SOUTHERLY 663.55 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION, EAST 330.50 FEET FROM THE WEST LINE OF
SAID SECTION.
EXCEPT THE SOUTH 352.97 FEET THEREOF.
ALSO EXCEPT THE WEST 110.00 FEET THEREOF.
ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN
THE FOLLOWING DESCRIBED LINES: BEGINNING AT A
POINT ON THE NORTH LINE OF SAID SECTION 16, NORTH
89 DEG. 08' 42" EAST 330.08 FEET FROM THE
NORTHWEST CORNER OF SAID SECTION; THENCE NORTH 89
DEG. 08' 42" EAST 330.07 FEET ALONG SAID NORTH
LINE; THENCE SOUTH 0 DEG. 25' 50" EAST 48.03 FEET;
THENCE SOUTH 87 DEG. 35' 00" WEST 339.25 FEET;
THENCE NORTH 0 DEG. 26' 15" WEST 57.03 FEET TO THE
POINT OF BEGINNING.
WHEREAS, the permittee has now requested an amendment
to said conditions of approval; and
WHEREAS, the City Planning Commission held a duly
noticed public hearing upon said application and denied the
petitioners request; and
WHEREAS, the petitioner thereafter appealed said
decision to the City Council; and
WHEREAS, the City Council held a duly noticed public
hearing on April 23, 1996, at which hearing the City Council did
receive and consider evidence, both oral and documentary,
relating to said request; and
WHEREAS, the City Council hereby finds and determines
that the amendment of said conditions of approval is not
reasonably necessary to protect the public peace, health, safety
or general welfare, nor necessary to permit reasonable operation
under said Conditional Use Permit NO. 3731 based upon the
following findings:
1. Conditional Use Permit No. 104 was approved by the City
Planning Commission on March 6, 1961 permitting the sale of beer
in conjunction within a restaurant located upon a portion of the
premises.
2. Conditional Use Permit No. 1765 was approved by the
City Planning Commission on November 11, 1977 permitting a beer
bar upon a portion of the premises.
3. The premises are now, and have since 1960 been, located
in the Commercial Limited ("CL") Zone of the City.
4. The Department of Alcoholic Beverage Control of the
State of California ("ABC") issued to a predecessor owner of the
premises a Type 47 (On-Sale General-Eating Place) license on
January 4, 1985 since which date a series of license transfers
have occurred with, most recently, a new Type 47 license being
issued by ABC on June 19, 1995, to the current owner of the
business located on the premises (the "ABC License").
5. The ABC License, inter alia, requires that:
(a) sales of alcoholic beverages shall be made only in
conjunction with the sale and service of food;
(b) the premises shall be maintained as a bona fide
restaurant, and shall provide a menu containing an assortment of
foods normally offered at restaurants; and
(c) the licensee shall not employ or permit any
person(s) to solicit or 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
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conspiracy.
6. Conditional Use Permit No. 3731 was approved by the
City Planning Commission on November 30, 1995 to permit the sale
of alcoholic beverages in conjunction with a restaurant for a
period of one year only.
7. Condition No. 24 of Conditional Use Permit No. 3731
provided that said conditional use permit was granted for a
period of one year and would expire on November 30, 1995.
8. Petitioner has filed an application to amend or delete
said Condition No. 24 of Conditional Use Permit No. 3731 pursuant
to the provisions of Section 18.03.093.040 of the Anaheim
Municipal Code to authorize the current business to remain on the
subject premises for an additional period of time.
9. The business currently being operated on the premises
is an on-sale public premises (or bar) and is not being operated
as a restaurant with sale of alcoholic beverages.
10. Only minimal food service, if any, is usually available
on the premises; food that is available does not constitute the
type of menu normally and reasonably found in restaurants; and
the quarterly gross sales reports submitted by the petitioner are
inadequate to establish that the dollar volume of food sales
exceeds the dollar volume of alcoholic beverage sales in light of
the testimony from the Sergeant Steve Walker of the Anaheim
Police Department, Vice Detail, and statements by the petitioner
himself that the gross sales reports are not accurate.
11. Alcoholic beverages are being sold on the premises
without the sale of food in violation of the terms of the ABC
License.
12. Petitioner permits or employs persons to solicit
patrons to purchase drinks in the licensed premises under a
commission, salary, percentage or profit-sharing plan in
violation of the ABC License.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the conditions of approval heretofore
imposed in Conditional Use Permit No. 3731 as approved by
Resolution No. 88R-254 be, and the same are hereby, affirmed and
that said petition to amend said conditions of approval of
Conditional Use Permit No. 3731 be, and the same is hereby,
denied.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 23rd day of April, 1996.
T!~~OF ANAHEIM
MAY~OF
ATTEST~~
CITY CLERK OF THE CI OF~~ANAHEIq~
0018794.01
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STATE Of CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby cedify that the foregoing
Resolution No. 96R-58 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 23rd day of April, 1996, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL: Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: Feldhaus
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-58
on the 23rd day of April, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of April, 1996.
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. 96R-58 was duly passed and adopted by the City Council of the City of
Anaheim on this April 23rd, 1996.
CITY CLERK OF THE CITY OF ANAHEIM