Resolution-PC 2018-013established that satisfies the original intent and purpose of the condition, (ii) the modification
complies with the Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED that any amendment, modification or revocation of this
permit maybe processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval)
and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that this Planning Commission 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 condition, 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.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 5, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING'COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-3 - PC2018-013
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on March 5, 2018, by the following vote of the members
thereof.
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 5' day of March, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2018-013
APN: 267-062-03
EXHIBIT "A"
DEV NO. 2018-00006
i B�RTQ s
i
rA
E KENWOOD AVE
0 0 50 00
v
Feet
F- E RQMNEYA DR
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a
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z
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
- 5 - PC2018-013
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2018-05953
(DEV2018-00006)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
1
There shall be no admission fee, cover charge, nor minimum purchase of
Police Department
alcoholic beverages required.
2
There shall be no exterior advertising of any kind or type, including
Police Department
advertising directed to the exterior from within, promoting or indicating
the availability of alcoholic beverages.
3
The subject alcoholic beverage license shall not be exchanged for a public
Police Department
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.
4
At all times when the premise is open for business, the premise shall be
Police Department
maintained as a bona fide restaurant and shall provide a menu containing
an assortment of foods normally offered in such restaurant.
5
Parking lots, driveways, circulation areas, aisles, passageways, recesses
Police Department
and grounds contiguous to buildings, shall be provided with enough
lighting to illuminate and make clearly visible the presence of any person
on or about the premises during the hours of darkness and provide a safe,
secure environment for all persons, property, and vehicles onsite.
6
There shall be no entertainment, amplified music or dancing permitted on
Police Department
the premise at any time unless the proper permits have been obtained from
the City of Anaheim.
7
The business shall not employ or permit any persons to solicit or encourage
Police Department
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. (Section 24200.5 Alcoholic Beverage Control Act)
8
Managers / Owners need to call the Department of Alcoholic Beverage
Police Department
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
Program) Training for themselves and service employees. The number is
714-558-4101.
- 6 - PC2018-013
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
Any Graffiti painted or marked upon the premises or on any adjacent area
Planning Department,
under the control of the licensee shall be removed or painted over within
Code Enforcement
24 hours of being applied.
10
The petitioner(s) shall be responsible for maintaining free of litter the area
Police Department
adjacent to the premises over which they have control.
11
The number of persons shall not exceed the maximum occupancy load as
Police Department
determined by the Anaheim Fire Department. Signs indicating the
occupant load shall be posted in a conspicuous place on an approved sign
near the main exit from the room. (Section 25.114(a) Uniform Fire Code)
12
The door(s) shall be kept closed at all times during the operation of the
Police Department
premises except in cases of emergency. Said door(s) not to consist solely
of a screen or ventilated security door.
13
The Petitioner(s) shall post and maintain a professional quality sign facing
Police Department
the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block lettering.
The sign shall be in English and Spanish.
14
Sales of alcoholic beverages for consumption off the premises shall be
Police Department
prohibited.
15
Petitioner(s) shall police the area under their control in an effort to prevent
Police Department
the loitering of persons about the premises.
16
The owner shall be responsible for maintaining the property in an orderly
Planning and
fashion through the provision of regular maintenance and removal of trash
Building Department,
or debris. Any graffiti painted or marked upon the buildings making up
the subject Property shall be removed or painted over within 24 hours of
Code Enforcement
being applied.
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- 7 - PC2018-013
GENERAL CONDITIONS OF APPROVAL
17
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning and
officials, officers, employees and agents (collectively referred to
Building Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review, set
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aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnitees and costs of suit,
claim or litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in connection with
such proceeding.
18
The applicant is responsible for paying all charges related to the processing
Planning and
of this discretionary case application within 30 days of the issuance of the
Building Department,
final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in
Planning Services
the issuance of required permits or may result in the revocation of the
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approval of this application.
19
The subject Property shall be developed, used and maintained
Planning and
substantially in accordance with plans and specifications submitted to the
Building Department,
City of Anaheim by the petitioner and which plans are on file with the
Planning Services
Planning Department, and as conditioned herein.
Division
- 8 - PC2018-013