2002-221RESOLUTION NO. 2002R-221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE
PERMIT NO. 2670 AND AMENDING RESOLUTION NO. PC-
85-84.
WHEREAS, on April 1, 1985, the Anaheim City Planning
Commission, by Resolution No. PC85-84, granted Conditional Use
Permit No. 2670 to permit on-sale alcoholic beverages in a
semi-enclosed restaurant at 1750 West La Palma Avenue; and that
Condition No. 6 of said resolution specifies that the hours of
operation shall be limited to 11:00 a.m. to 11:00 p.m., seven days
a week; and
WHEREAS, the property, located at the southeast corner of
La Palma Avenue and Mohican Avenue, is developed with a restaurant
(El Patio Restaurant); that the zoning is CL (Commercial,
Limited); and that the Anaheim General Plan Land Use Element
designates the property for General Commercial land uses; and
WHEREAS, Aurora Angel, representing the business owner,
has submitted a letter requesting an amendment to the
above-mentioned Condition No. 6 to increase the daily hours of
operation and permit the use from 11 a.m. to 2 a.m. (instead of
from 11 a.m. to 11 p.m.), and to permit a public dance hall as an
accessory use to the existing semi-enclosed restaurant with on-sale
alcoholic beverages; and that "public dance hall" is defined in
subsection .010 of Section 4.16.010 (Definitions) of Chapter 4.16
(Amusement and Entertainment Premises - Dances) of Title 4
(Business Regulation) of the Anaheim Municipal Code as "a place
open to the public upon the payment of an admittance fee, wherein
music is provided for patrons to dance, which is so open at regular
intervals or on regular days of the week"; and
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on March 25,
2002 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of
the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said requested amendment and to
investigate and make findings and recommendations in connection
therewith; and that the hearing was continued to the May 20 and
June 17, 2002 Planning Commission meetings; and
WHEREAS, on June 17, 2002, the City Planning Commission
did adopt its Resolution No. PC2002-96 approving, in part, certain
requested amendments to the conditions of approval of Conditional
Use Permit No. 2670 as previously approved by City Planning
Commission Resolution No. PC85-84, but extending the permitted
hours of operation of said semi-enclosed restaurant but denying the
request to permit a public dance hall as an accessory use of the
premises; and
WHEREAS, thereafter, within the time permitted by law,
the petitioner appealed the decision of the Planning Commission
relating to the hours of operation of the restaurant but
withdrawing its request for approval of a public dance hall on the
premises; and
WHEREAS, the City Council held a duly noticed public
hearing on October 15, 2002, 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 as
follows:
1. That the request to amend Condition No. 6 of Resolution
No. PC85-84 to increase the daily hours of operation to permit the
on-premises sale and consumption of alcoholic beverages in a
semi-enclosed restaurant is authorized by Anaheim Municipal Code
Section 18.03.091.
2. That the proposed use is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code
Section 18.44.050.0285 to wit: to permit a public dance hall as an
accessory use to the existing semi-enclosed restaurant with
on-premises sale and consumption of alcoholic beverages in the CL
"Commercial, Limited" Zone.
3. That the proposed amendments to this conditional use
permit, to permit a public dance hall as an accessory use is hereby
denied on the basis of a significant above-average crime rate for
the Reporting District in which this property is located (245%
above the city average); and that since February 2001, the Police
Department has received 29 calls for service at this property,
including 10 party/music disturbances.
WHEREAS, the increase to the hours of operation of the
semi-enclosed restaurant as hereinafter approved is necessary to
permit reasonable operation under Conditional Use Permit No. 2670
provided an additional condition is added to said Conditional Use
Permit limiting the length of said additional hours of operation to
one year in order to protect the public peace, health, safety and
general welfare.
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. 2670, as set forth in City Planning
Commission Resolution No. PC85-84 be, and the same are hereby,
amended in their entirety, to read as follows:
"1. That the hours of operation shall be limited to 11 a.m.
to midnight, Sunday, Monday, Tuesday and Thursday; and 11:00 a.m.
to 1:30 a.m. on Wednesday, Friday and Saturday; provided, however,
that effective October 15, 2003, said hours of operation shall be
and remain thereafter as follows: 11:00 a.m. to 11:00 p.m., seven
days a week.
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2. That any tree planted on-site shall be replaced in a
timely manner in the event that it is removed, damaged, diseased
and/or dead.
3. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
4. That all doors serving the restaurant shall conform to
Uniform Fire Code requirements and shall be kept closed at all
times during operation of the premises except for ingress/egress,
deliveries and emergencies.
5. That all existing and proposed roof-mounted equipment
(including the existing satellite dish) shall be completely
screened from view in all directions by properly maintained design
elements of the building.
6. That the establishment shall be operated as a "Bona Fide
Public Eating Place" as defined by Section 23038 of the California
Business and Professions Code.
7. That food service with a full meal shall be available
from opening time until closing time, on each day of operation.
8. That there shall be no pool tables, vending machines or
arcade devices maintained upon the premises at any time.
9. That subject alcoholic beverage license shall not be
exchanged for a public premises (bar) type license nor shall the
establishment be operated as a public premise as defined in Section
23039 of the California Business and Professions Code.
10. That the gross sales of alcoholic beverages shall not
exceed 40 percent of 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 beer
and wine and other items. These records shall be made available
for inspection by any City of Anaheim official during reasonable
business hours.
11. That there shall be no live entertainment, amplified
music or dancing permitted on the premises at any time without
issuance of proper permits as required by the Anaheim Municipal
Code.
12. That the sales of alcohol for off-premises consumption
shall be prohibited.
13. That 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.
14. That the activities occurring in conjunction with the
operation of this establishment shall not cause noise disturbance
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to surrounding properties.
15. That the parking lot 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. Said lighting shall be directed, positioned
and shielded in such a manner so as not to unreasonably illuminate
the windows of nearby residences.
16. That the business operator shall comply with Section
24200.5 of the Business and Professions Code so as not to employ or
permit any 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.
17. That there shall be no public telephones on the premises
located outside the building.
18. That signage shall be limited to existing and approved
signs. That temporary signs and other advertising devices shall
not be permitted except when in connection with an approved Special
Event Permit.
19. That no advertising or identification of any type shall
be permitted on any outdoor furniture or equipment including
umbrellas, by illustration, text or any other means of visual
communication.
20. That the property shall be permanently maintained in an
orderly fashion by providing regular landscape maintenance, removal
of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
21. That four (4) foot high address numbers shall be
displayed on the flat area of the roof in a contrasting color to
the roof material, provided the numbers shall not be visible from
the street or adjacent properties.
22. 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, 2 and 3 as conditioned
herein.
23. That trash storage areas shall be refurbished to the
satisfaction of the Public Works Department, Streets and Sanitation
Division to comply with approved plans on file with said
Department.
24. That a minimum of four (4) licensed uniformed security
guards, approved by the Anaheim Police Department, shall be
provided on the premises specifically to provide security, and to
discourage vandalism, trespass and/or loitering upon or adjacent to
the subject property. Said security guards shall remain on-duty as
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determined to be appropriate by the Anaheim Police Department.
25. That the landscape planters shall be permanently
maintained with live and healthy plant materials.
26. That within 60 days from the date of this resolution,
Condition Nos. 5, 15, 17, 21, 22 and 23, above-mentioned, shall be
complied with.
27. 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.
28. That within ten (10) days of approval of this resolution,
a revised seating plan shall be submitted to the Fire Department
for review or approval. Once approved, said plan shall be
implemented within a period of time determined by the Fire
Department."
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Resolution No. PC-95-84 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 da_,v of October, 2002.
ATTEST:
CI2~f CLER~ OF '~HE CITY OF ANAHEIM
46936.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-22! was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 15th day of October, 2002, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, McCracken
NOES:
MAYOR/COUNCIL MEMBERS: Kring and Daly
ABSENT:
MAYOR/COUNCIL MEMBERS: None
(~ITY CLERI~'OF T -CITY OF ANAHEIM
(SEAL)