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2003-020RESOLUTION NO. 2003R-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002- 04590, IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a public dance hall with a cover charge and on-premises sale and consumption of alcoholic beverages in conjunction with an existing restaurant upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE SOUTHERLY 185 FEET OF THE NORTHERLY 251 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, R3YNGE 10 WEST, IN THE RANCHO LOS COYOTES, AS THE NORTH HALF OF THE NORTH HALF OF SAID SECTIONS 17, SHOWN ON A MAP OF TRACT NO. 2299, RECORDED IN BOOK 70, PAGES 44 TO 49, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; 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. PC2002-170 granting Conditional Use Permit No. 2002-04590, in part; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and 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, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use, under the limitations approved and the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare under the limitations approved and conditions imposed. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area under the limitations approved and conditions imposed. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. - 2 - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2002-04590 be, and the same is hereby, granted, in part, to permit live entertainment and dancing with on- premises sale and consumption of alcoholic beverage in conjunction with an existing restaurant but not permitting a dance hall with a cover charge on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.020.023.0232 18.06.080 and 18.44.066.050 Minimum number of parking spaces. (100 spaces required; 43 spaces proposed and concurred with by the City Traffic and Transportation Manager) subject to the following conditions: 1. Deleted. 2. That the landscape planters shall be permanently maintained with live and healthy plants. 3. That any tree planted on?site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 4. That the on-site landscaping and irrigation system shall be maintained in compliance with City of Anaheim standards. 5. 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. 6. That all existing and proposed roof-mounted equipment shall be completely screened from view in all directions by properly designed and maintained design elements of the building. Said information shall be specifically shown on plans submitted for Zoning Division approval. 7. That this establishment shall be operated as a 'bona fide public eating place' as defined by Section 23038 of the California Business and Professions Code. 8. That food service with a full meal shall be available from opening time until closing time on each day of operation. 9. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at any time. 10. That the alcoholic beverage license shall not be exchanged for a 'public premises' (bar) type license nor shall the establishment - 3 - be operated as a 'public premises' as defined in Section 23039 of the California Business and Professions Code. 11. That the gross sales of alcoholic beverages shall not exceed forty percent (40%) 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 alcohol and other items. These records shall be made available for inspection by any City of Anaheim official during reasonable business hours. 12. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without the prior issuance of proper permits as required by the Anaheim Municipal Code; provided, however, that the proposed public dance hall use with a cover charge is denied. 13. That the sale of alcoholic beverages for off-premises consumption shall be prohibited. 14. 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. 15. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Structural modifications to the existing building, where possible, such as double-paned windows and increased insulation shall be provided and shall comply with all applicable standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 16. 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. Said information shall be specifically shown on plans submitted for Police Department, Community ~rviee~ Division, review and approval. 17. That the business operator shall comply with Section 24200.5 of the California 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. 18. That there shall be no public telephones on the premises located outside the building. 19. That signage shall be limited to existing and approved signs; and that temporary signs and other advertising devices shall not be permitted except in connection with an approved Special Event Permit issued by the Planning Department. 20. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment including umbrellas, by illustration, by text or by any other means of visual communication. 21. That 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 time of occurrence. 22. That four (4) foot high street address numbers shall be displayed on the flat area of the roof of the building in a contrasting color to the roof material, provided that the numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, review and approval. 23. That the trash storage area(s) 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 the legal owner of the subject property shall submit a letter requesting termination of Conditional Use Permit No. 650 (to permit the on-premises sales and consumption of beer and wine) and Variance No. 819 (to erect and operate a motel) to the Zoning Division. 25. That the hours of operation shall be limited to the following: Thursday through Monday: 8:30 a.m. to 1:30 a.m. Tuesday and Wednesday: 8:30 a.m. to 11:00 p.m. 26. That the existing structure shall comply with all applicable standards of the City of i~naheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 27. That within a period of sixty (60) days from the date of this resolution, a complete set of building plans prepared by a licensed architect or engineer for all the unpermitted structural alterations shall be submitted for review and approval by the Building Division. Once said plans have been approved, building permits shall be obtained for all unpermitted structures. Modifications to comply with applicable requirements shall be properly performed and thereafter inspected to assure compliance with approved plans. 28. That two (2) additional parking spaces shall be provided for a total of forty three (43) on-site parking spaces. Said information shall be specifically shown on plans submitted to the City Traffic and Transportation Manager for review and approval. 29. That at all times when 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. 30. That 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). 31. That there shall be no admission fee or cover charge required for patrons of the restaurant. 32. That a striped fire lane allowing for unobstructed access to the multiple family residential complex to the south shall be provided and maintained to the satisfaction of the Public Works Department, Traffic Engineering Division. Said fire lane shall be specifically shown on plans submitted for Traffic Engineering Division approval and shall be striped within sixty (60) days of the adoption of this resolution. 33. That the block wall located on the south property line shall be increased to a minimum height of 8 feet and curb stops or poles shall be installed adjacent to said wall and shall be specifically shown on plans submitted for Traffic Engineering Division approval and shall be installed within sixty (60) days of the adoption of this resolution. 34. That the property owner shall pay the costs of any Code Enforcement inspections from the date of this resolution, and as often as necessary thereafter until the subject property is brought into compliance, or as deemed necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State and local statutes, ordinances, laws or regulations. 35. That six (6) months from the date of this resolution, this request shall be reviewed by the Planning Commission as an advertised "Report and Recommendation" item to determine compliance with conditions of approval. 36. 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, and as conditioned herein. 37. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 5, 6, 15, 16, 22, 23, 24, 26, 27, 28, 29, 30, 32 and 33, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 38. 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. 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 .An~ llth~ay of February, 2003 . THE CITY OF ANAHEIM ATTEST: CiTY CL~RK ffF THE CITY OF ANAHEIM 48395 . 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. 2003R-20 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of February, 2003, by the following vote of the members thereof: AYES: NOES: ABSTAINED: ABSENT: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None dl~¢' CLEI:~K OF ~'HE CITY OF ANAHEIM (SEAL)