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2003-026RESOLUTION NO. 2003R-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002-04618. 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 and retain a public dance hall with a cover charge and on-premises sales 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: THOSE PORTIONS OF LOT 34 OF TRACT NO. 4757, AS SHOWN ON A MAP RECORDED IN BOOK 184, PAGES 47 AND 48 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL A: PARCEL I AS SHOWN ON A MAP RECORDED IN BOOK 47, PAGE 13 OF PARCEL MAPS, RECORDS OF SAID ORANGE 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. PC2002-167 denying Conditional Use Permit No. 2002- 04618; 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 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. 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. 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. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2002-04618 be, and the same is hereby, granted to permit and retain a public dance hall with a cover charge and on-premises sales and consumption of alcoholic beverages in conjunction with an existing restaurant, on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: -2- Sections 18.06.050.020.021.0211 18.06.050.020.021.0212 18.06.050.020.023.023 l 18.06.050.022 and 18.06.050.020.023.0231 18.06.080 and 18.44.066.050 -Minimum number of parking spaces. (528 spaces required for subject restaurant and the adjacent and nearby commercial uses; 520 spaces proposed and concurred with by the City Traffic Transportation Manager) subject to the following conditions: 1. That the permit for the public dance hall shall expire one (1) year from the date of this resolution. 2. That the hours of operation for the dance hall and the restaurant shall be limited to 9:30 a.m. to 1:30 a.m., daily. 3. That the landscape planters shall be permanently maintained with live and healthy plant materials. 4. 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. 5. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 6. 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. 7. 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. 8. 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. 9. That food service with a full meal shall be available from opening time until closing time, on each day of operation. 10. That there shall be no more than two (2) pool tables or four (4) arcade devices maintained upon the premises at any time. 11. 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. -3- 12. 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 alcohol and other items. These records shall be made available for inspection by any City of Anaheim official during reasonable business hours. 13. 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. 14. That the sales of alcohol for off-premises consumption shall be prohibited. 15. 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. 16. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 17. 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 Services Division approval. 18. 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. 19. That there shall be no public telephones on the premises located outside the building. 20. 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. 21. That no outdoor dining or seating shall be permitted. 22. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, immediate removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 23. That four (4) foot high address numbers shall be displayed on the fiat 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. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 24. 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 -4- Department. Said information shall be specifically shown on plans submitted for Public Works Department, Street and Sanitation Division approval. 25. That the existing structure 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. 26. 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. 27. That within sixty (60) days from the date of this resolution, Condition Nos. 6, 7, 10, 17, 19, 23, 24, 25 and 26, above-mentioned, shall be complied with. 28. 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. 29. That within thirty (30) days of approval of this resolution, a seating plan shall be submitted to the Fire Department for review and approval. Once approved, said plan shall be implemented within a period of time determined by the Fire Department and shall thereafter be maintained in conformance with said plan. 30. 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. 31. 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). 32. That when entertainment or dancing is provided after 10.00 p.m., guests admitted to the public dance hall at that time shall be at least 21 years of age. 33. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the alcoholic beverage licensee. 34. That the use of all pyrotechnical material, special effects, and fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. 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 -5- 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 25th day of February, 2~ ~ ~-~ T~~OF ANAHEIM ATTEST: '?CITY Ct~ERK 'OF THE CITY OF ANAHEIM 48536.1 -6- 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-26 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of February, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Hernandez, McCracken, Pringle, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Chavez C~I'I:Y CLEI~ OF YHE CITY OF ANAHEIM (SEAL)