RES-2007-248RESOLUTION NO. 2007 -248
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 2007 05248.
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permit upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described as:
PARCEL 1:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA
PARCEL 2:
PARCEL 2, IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, said application seeks approval of a conditional use permit to permit a
full service restaurant with on- premise sale and consumption of alcoholic beverages; and
WHEREAS, on December 10, 2007, the Anaheim City Planning Commission did
hold a public hearing pertaining to Conditional Use Permit No. 2007- 05248, notice of said hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said conditional use
permit and to investigate and make findings and recommendations in connection therewith; 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. PC2007 -154 granting Conditional Use Permit No. 2007 05248,
and did recommend that said conditional use permit be adopted by the City Council; and
WHEREAS, the City Council did fix the 18th day of December, 2007, as the time,
and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed
Conditional Use Permit No. 2007 -05248 and did give notice thereof in the manner and as provided
by law; and
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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 finds and determines as follows:
1. That the request to permit a full service restaurant with on- premise sale and consumption
of alcoholic beverages is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section No. 18.20.030.
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the proposed project is
compatible with existing and surrounding land uses.
3. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area.
4. That granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land
use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Conditional Use Permit No. 2007 -05248 be, and the same is hereby, granted.
BE IT FURTHER RESOLVED that said conditional use permit be granted subject to
the following conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the Citizens of the City
of Anaheim:
COA
COA 1
COA 2
Conditions of Approval
Plans submitted for building permits shall contain a note that there
shall be no public telephones on the property that are located outside
the building.
Plans submitted for building permits shall indicate that all doors
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Responsible
for Monitoring
Police /Buildin
g
Police /Buildin
COA
Conditions of Approval
Responsible
for Monitoring
serving subject restaurant shall conform to the requirements of the
Uniform Fire Code and shall be kept closed at all times during the
operation of the premises except for ingress /egress, permit deliveries
and in cases of emergency.
g
COA 3
Plans submitted for building permits shall show lighting to be
directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
Police /Buildin
g
COA 4
That plans submitted for building permits shall show that the parking
structure serving 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.
Police /Buildin
g
COA 5
COA 6
That the property owner /developer shall submit a letter to the
Planning Department, Planning Services Division requesting the
termination of Conditional Use Permit No. 847.
Any and all security officers provided shall comply with all State and
Local ordinances regulating their services, including, without
limitation, Chapter 11.5 of Division 3 of the California Business and
Profession Code. (Section 4.16.070 Anaheim Municipal Code)
Planning
Police /Code
Enforcement
COA 7
At all times that entertainment or dancing is permitted, security
measures shall be provided to the satisfaction of the Anaheim Police
Department to deter unlawful conduct on the part of employees or
patrons, and promote the safe and orderly assembly and movement of
persons and vehicles, and to prevent disturbance to the neighborhood
by excessive noise created by patrons entering or leaving the
premises.
Police /Code
Enforcement
COA 8
That the business operator shall comply with Section 24200.5 of the
Business and Profession Code so as not to employ or permit any
Police /Code
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COA
Conditions of Approval'
Responsible
for Monitoring
persons 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
conspiracy.
Enforcement
COA 9
That there shall be no admission fee, cover charge, nor minimum
purchase required.
Police /Code
Enforcement
COA
10
That subject alcoholic beverage license shall not be exchanged for a
public premise (bar) type license nor shall the establishment be
operated as a public premise as defined in Section 23039 of the
Business and Professions Code.
Police /Code
Enforcement
COA
11
The activities occurring in conjunction with the operation of this
establishment shall not cause noise disturbance to surrounding
properties.
Police /Code
Enforcement
COA
12
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.
Police /Code
Enforcement
COA
13
The sale of alcoholic beverages for consumption off the premise
shall be prohibited.
Police /Code
Enforcement
COA
14
The gross sales of alcoholic beverages shall not exceed 40 percent of
the gross sales of all retail sales during any three (3) month period.
The applicant shall maintain records on a quarterly basis indicating
the separate amounts of sales of alcoholic beverages and other items.
These records shall be made available for inspection by any City of
Anaheim official when requested.
Police /Code
Enforcement
COA
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There shall be no pool tables or amusement devices maintained upon
the premises at any time unless the proper permits have been
obtained from the City of Anaheim.
Police /Code
Enforcement
COA
Petitioner shall not share any profits, or pay any percentage or
Police /Code
COA
Conditions of Approval
Responsible
for Monitoring
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commission to a promoter or any other person, based upon monies
collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders, or the sale of
drinks.
Enforcement
COA
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At all times when the premise is open for business, valet parking
service shall be provided.
Code
Enforcement
COA
18
At all times when the premise is open for business, the premise shall
be maintained as a bona fide restaurant and shall provide a menu
containing an assortment of foods normally offered in such
restaurant.
Police /Code
Enforcement
COA
19
That timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause
provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition(s), (ii) the modification complies
with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or
approved development.
Planning
COA
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That on -going during project operation, the property shall be
permanently maintained in an orderly fashion through the provision
of regular landscaping maintenance, removal of trash or debris, and
removal of graffiti within twenty -four (24) hours from the time of
discovery.
Planning
COA
21
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.
Planning
COA
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That extensions for further time to complete conditions of approval
may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
Planning
COA
That this Conditional Use Permit is granted expressly conditioned
upon approval of Development Agreement No. 2007 -00002 and
Planning
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COA
Conditions of Approval
Responsible
for Monitoring
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Tentative Tract Map No. 17186.
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 1 8th day of December 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY CLERK OF THE OF ANAHEIM
67441.vl /It9Gordon
CITY OF AN/ IEIM
By:
MAYOR OF THE CITY A HEIM