Resolution-PC 2000-112•
RESOLUTION NO. PC2000-112
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3935 FOR ONE YEAR,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC97-92, AS AMENDED, ADOPTED THEREWITH
(CUP Tracking No. 2000-04255)
WHEREAS, on July 21, 1997, Resolution No. PC97-92 was adopted by the Planning
Commission to grant Conditional Use Permit No. 3935 and permit a 2,875 square foot restaurant and
5,760 square foot banquet facility for one year on property located at 1125 North Magnolia Avenue with
on-premises sale and consumption of alcoholic beverages and waiver of minimum number of parking
spaces; and
WHEREAS, said Resolution No. PC97-92 was subsequently amended by Resolution Nos.
PC98-137 and PC99-146 to approve retroactive time extensions to comply with certain conditions of
approval and reinstate the use permit for additional periods of time, the last reinstatement having expired
on July 21, 2000; and that the land use entitlement granted under subject use permit has not yet been
exercised; and
WHEREAS, this property is developed with a 28,640 square foot commercial office building
with a 1,886 square foot auxiliary storage building in the CL (Commercial, Limited) zone; that the
property is located within the West Anaheim Commercial Corridors Redevelopment Project Area; and
that the Land Use Elernent of the Anaheim ~General Plan designates the property for General Commercial
land uses; and
WHEREAS, the applicant has requested reinstatement of this use permit under authority of
Code Section 18.03.093 to provide additional time, to commence operation of the previously-approved
restaurant and banquet facility; that the restaurant has not begun operation although building permits
have been issued and all conditions of ap,proval have been complied with; and that the applicant has
indicated that no changes are proposed to the originally approved operation or physical development of
the facility; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 25, 2000, 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 proposed amendment and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That no changes have occurred in the surrounding land uses or in the tenants of the
subject building that would render this use incompatible with adjacent properties or nearby businesses.
2. That the proposed restaurant and banquet facility are consistent with the General
Commercial land use designation for this property.
3. That there have been no Code amendments since this conditional use permit was
originally granted, which amendments would impact this property, nor has the project been modified to
include additional Code waivers. '
4. That there are no outstanding complaints or Code violations regarding this property.
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5. That the use, as reinstated and amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located.
6. That the size and shape of the site for the use, as reinstated and amended, is adequate
to allow full development of the proposal in a manner not detrimental to the particular area nor to the
peace, health, safety and general welfare.
7. That the traffic generated by the use, as reinstated and amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
8. That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
9. That one concerned person spoke at the public hearing; that no one indicated their
presence in opposition; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reinstate this conditional use permit under the
authority of Code Section 18.03.093 to permit a previously-approved 2,876 square foot restaurant and
5,760 square foot banquet facility with on-premises sale and consumption of alcoholic beverages and
waiver of minimum number of parking spaces on a rectangularly-shaped 1.5-acre property having a
frontage of 280 feet on the west side of Magnolia Avenue and a maximum depth of 250 feet, being
located 280 feet north of the centerline of La Palma Avenue, and further described as 1125 North
Magnolia Avenue (Magnolia Plaza Office Building); and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3935 is adequate to senre as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT ~tESOLVED that the Anaheim City Planning Commission does
hereby reinstate Conditional Use Permit No. 3935 for one year from the date of issuance of a Certificate
of Occupancy; and that Resolution No. PC97-92, as amended by Resolution Nos. PC98-137 and PC99-
146 and adopted in connection with Conditional Use Permit No. 3935, is hereby amended in its entirety to
read as follows:
That this conditional use permit shall expire one (1) year after the Building Division issues the Certificate
of Occupancy. ,
2. 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.
3. That the trash storage area(s) shall be maintained in location(s) acceptable to the Streets and
Sanitation Division and in accordance with approved plans on file with the Public Works
Department. Said storage area(s) shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or hi~,ghways. Clinging vines, planted on maximum three (3) foot
centers, or tall shrubbery shall be planted and maintained adjacent to the trash enclosure(s).
4. 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.
5: That there shall not be any off-street or walk-in sale of alcoholic beverages; and that alcoholic
beverages shall only be served at banquets in the banquet facility and not in the restaurant.
6. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type
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license nor shall this establishment be operated as a"public premises" as defined in Section 23039
of the California Business and Professions Code.
7. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
8. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from inside the building, promoting or indicating the availability of alcohol beverages, with the
exception of one (1) sign reading "cocktails."
9. That the activities taking place in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
10. That there shall be no pool tables or coin-operated games maintained upon the premises at any
time.
11. That the parking lot serving the premises shall be maintained 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 businesses.
12. That the business hours of operation for this proposal shall be limited to the following, as stated by
the petitioner:
Restaurant: 11 a.m. to 11 p.m., seven (7) days per week
Banquet facility: 6 a.m. to 11 p.m. on weekdays
11 a.m. to 11 p.m. on weekends
13. That the maximum capacity for the banquet facility shall be limited to the following, as specified by the
City Traffic and Transportation Manager: ~
8 a.m. to 5 p.m.: Sixty (60) persons
After 5 p.m.: Two h~undred thirty (230) persons
14. That at all times when entertainment or dancing is permitted, security shall be provided to the
satisfaction of the Anaheim Police De:partment to deter unlawful conduct on the part of employees
or patrons, and to 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.
15. That all doors serving the restaurant shall conform to the requirements of the Uniform Fire Code and
shall be kept closed and unlocked at all times during hours of operation except for ingress/egress,
deliveries, and in cases of emergency.
16. That no public telephones on the property and within the control of the applicant shall be located
outside the building.
17. That granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions relating to the operation and intensity of use as contained in the parking demand study
that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions, as contained in the parking demand study, shall be
deemed a violation of the expressed conditions imposed upon said waiver which shall subject this
conditional use permit to termination or modifieation pursuant to the provisions of Sections
18.03.091 and 18.03.092 of the Anaheim Municipal Code.
18. That a valid city business license shall be obtained from the Business License Division of the
Anaheim Finance Department.
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19. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission. Any additional signs shall be subject to
review and approval by the Commission as a':Reports and Recommendations" item and shall
comply with all signing requirements of the CL (Commercial Limited) Zone unless a variance
allowing sign waivers is approved by the Planning Commission or City Council.
20. That three (3) foot high street address numbers shall be maintained on the roof of the building in a
color contrasting to the roofing material; and that said numbers shall not be visible to the ground
level.
21. That window signs shall not be permit~ed.
22. That the applicant shall be responsible for maintaining the premises free of litter at all times.
23. (a) That no banners, pennants or balloons shall be permitted unless a Special Event Permit is
first obtained from the Zoning Division.
(b) That roof-mounted balloons shall not be permitted at any time.
24. That vending machines shall not be visible to any public right-of-way.
25. 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.
26. 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 occurren~e.
27. 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, 2a, 2b, 3 and 4, and as conditioned herein.
28. That prior to final building and zoning inspections, Condition Nos. 2, 3, 18, 20 and 27, above-
mentioned, shall be complied with.
29. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 25, 2000.
CHAIRPERSO , ANAH IM CITY PLANNING COMMISSION
ATTEST:
~ILUKJ dW"~I~W'
SEC TARY NAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 25, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this v" day of
, 2000.
.
SE RETA , ANAHEIM CITY PLANNING COMMISSION
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