Loading...
95-158 RESOLUTION NO. 95R-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 3421 AND AMENDING RESOLUTION NO. PC91-89 AS HERETOFORE AMENDED BY RESOLUTION NO. PC92-75. WHEREAS, the City Council of the City of Anaheim heretofore adopted Resolution No. PC91-89 approving Conditional Use Permit No. 3421, subject to certain conditions specified therein; and WHEREAS, the conditions of approval of said Conditional Use Permit were heretofore amended by the Planning Commission, following a duly noticed public hearing by the adoption of Resolution No. PC92-75; and WHEREAS, the permittee has now requested a further amendment to certain of said conditions of approval; and WHEREAS, the City Council held a duly noticed public hearing on August 22, 1995, 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 in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said Conditional Use Permit. 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. 3421 be, and the same are hereby, amended by the amendment of Condition No. 6 thereof to read as follows: "6. That the subject use permit shall expire on August 22, 1998." BE IT FURTHER RESOLVED that the conditions of approval of said Conditional Use Permit be, and the same are hereby, amended by the addition of additional Conditions No. 11 through 28, inclusive, to read as follows: "11. That food service with an available meals shall be available from opening time until 10:00 p.m. or closing time, whichever occurs first, on each day of operation. 12. That the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants. 13. That subject alcoholic beverage license shall not be exchanged for a "public premises" type license nor operated as a public premises. 14. That the door(s) shall be kept closed at all times during the operation of the premises, except in cases of emergency and to permit deliveries. 15. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities during the same period. 16. That entertainment provided in the premises shall not be audible beyond the area under the control of the licensee. 17. That the sale of alcoholic beverages for consumption off the premises is prohibited. 18. That, at any time the premises is providing entertainment and/or dancing, the petitioner(s) shall provide a uniformed and licensed security guard in the parking lot and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property of nearby residents. 19. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from the inside of the building, promoting or indicating the availability of alcoholic beverages. 20. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and under the control of the licensee. 21. That 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. 22. That the lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. 23. That the petitioner(s) shall be responsible for maintaining a litter free area adjacent to the premises over which he has control. 24. That there shall be no pool tables or coin-operated games maintained upon the premises at any time. 25. That the petitioner(s) shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises - 2 - under any commission, percentage, salary or other profit- sharing plan, scheme or conspiracy. 26. That the number of persons on the premises shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs specifying the maximum occupancy shall be prominently displayed inside the premises. 27. That all entertainers and employees shall be clothed in such a way so as to not expose "specified anatomical areas" as described in Anaheim Municipal Code Section 7.16.060. 28. That the parking lot shall be chained, locked and emptied by 2:10 a.m. on each day of operation." BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC91-89, as amended by Resolution No. PC92- 75, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of August, 1995. ATTEST:/ .. CITY CLERK OF THE CITY OF ANAHEIM 13433.1\JWHITE\August 23, 1~5 -- 3 - 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. 95R-158 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22nd day of August, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-158 on the 22nd day of August, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of August, 1995. 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. 95R-158 was duly passed and adopted by the City Council of the City of Anaheim on August 22rid, 1995. CITY CLERK OF THE CITY OF ANAHEIM