95-151 RESOLUTION NO. 95R-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE
PERMIT NO. 2685 AND AMENDING RESOLUTION NO.
PC85-125 ACCORDINGLY.
WHEREAS, the City Council of the City of Anaheim
heretofore adopted Resolution No. PC85-125 approving Conditional
Use Permit No. 2685, subject to certain conditions specified
therein; and
WHEREAS, the Planning Commission heretofore initiated
proceedings, and did conduct a duly noticed public hearing on June
26, 1995, pursuant to Section 18.03.091 of the Anaheim Municipal
Code to determine whether said conditional use permit should be
modified or revoked on one or more of the grounds set forth in
Section 18.03.092 of said Code; and
WHEREAS, following a duly noticed public hearing, the
Planning Commission adopted its Resolution No. PC95-71 modifying
Conditional Use Permit No. 2685 in the manner set forth therein;
and
WHEREAS, within the time permitted by law, said Planning
Commission decision was appealed to the City Council; and
WHEREAS, the City Council held a duly noticed public
hearing on August 15, 1995, at which hearing the City Council did
receive and consider evidence, both oral and documentary, relating
to said appeal; and
WHEREAS, the City Council hereby finds and determines
that (1) Conditional Use Permit No. 2685 is being, or recently has
been, exercised contrary to the terms or conditions of approval
thereof in that the conditionally permitted use is a restaurant
with an accessory cocktail lounge and that the present operation
indicates that the premises have recently not been operating as a
restaurant, and (2) 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
by Resolution No. PC85-125 in Conditional Use Permit No. 2685 be,
and the same are hereby, amended by the addition of new Conditions
Nos. 14 through 19 thereto, to read as follows:
"14. That subject approval is exclusively for a restaurant
with an accessory cocktail lounge. No approval is granted for the
sale of alcoholic beverages other than as an accessory to a bona
fide restaurant servinq meals, nor for a nightclub, nor for a
"sexually-oriented business" as defined under Section 18.89.020 of
the Anaheim Municipal Code. (A "bona fide restaurant" means a
place which is regularly, and in a bona fide manner, engaged
primarily and kept open for the serving of meals to guests for
compensation and which has suitable kitchen facilities connected
therewith as required by the Anaheim Municipal Code, containing
conveniences for cooking an assortment of foods which may be
required for ordinary meals, the kitchen of which must be kept in a
sanitary condition with the proper amount of refrigeration for
keeping of food on said premises and must comply with all the
regulations of the local department of health. "Meals" means the
usual assortment of foods commonly ordered at various hours of the
day; the service of such food and victuals only as sandwiches or
salads shall not be deemed a compliance with this requirement.
"Guests" shall mean persons who, during the hours when meals are
regularly served therein, come to a bona fide restaurant for the
purpose of obtaining, and actually order and obtain at such time,
in good faith, a meal therein.)
15. That the quarterly gross sales of alcoholic beverages
shall not exceed the gross sales of food and meals during the same
time period. The owner shall at all times maintain records which
separately reflect the gross sales of food and the gross sales of
alcoholic beverages of subject restaurant. Said records shall be
kept and summarized no less frequently than on a quarterly basis
and shall be made available to the Code Enforcement Division or
Police Department on demand.
16. That the subject alcoholic beverage license shall not be
exchanged for a public premise type (Type 48) license nor shall the
restaurant be operated as a public premises.
17. 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.
18. That there shall be no pool tables or coin-operated games
maintained upon the premises at any time.
19. That food service with an available meal shall be
available from opening time until 10:00 p.m. or closing time,
whichever occurs first on each day of operation."
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Resolution No. PC85-125 shall remain in full force and
effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 15th day of August, 1995.
MAYOR OF THE IM
CITY CLERK OF THE CITY OF ANAHEIM
13334.1\JWHITE\August 16, 1995 - 2 -
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-151 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 15th day of August, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: Lopez
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-151 on
the 15th day of August, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 15th 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-151 was duly passed and adopted by the City Council of the City of Anaheim on
August 15th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM