Resolution-PC 2000-140. •
RESOLUTION N0. PC2000-140
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3541,
INCLUDING DELETING THE TIME LIMITATION
(CUP Tracking No. 2000-04287)
WHEREAS, on September 9, 1992, Resolution No. PC92-104 was adopted by the
Planning Commission to grant Conditional Use Permit No. 3541 and permit a 600 square foot outdoor
dining area for a period of finro years in conjunction with a previously-approved 7,500 square foot
restaurant with on-premises sale and consumption of alcoholic beverages at 195 Center Street
Promenade; and
WHEREAS, on August 21, 1995, Resolution No. PC95-98 was adopted by the Planning
Commission to amend Condition No. 4 of Resolution No. PC92-104 and extend the time period for the
outdoor dining area for an additional period of time until September 9, 2000; and
WHEREAS, this property is developed with a commercial retail/office center and parking
structure in the Koll Anaheim Center located within the Downtown Project Alpha Redevelopment Area;
that the zoning is CL (Commercial, Limited); and that the Land Use Element of the Anaheim General
Plan designates this property for General Commercial land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit (which
expired September 9, 2000) and modification or deletion of the condition of approval pertaining to the
time limitation for the previously-approved outdoor dining area in conjunction with a full-service restaurant
with on-premise sale and consumption of alcoholic beverages; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 18, 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 consideratio'n of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the use, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located
3. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
4. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
5. That amending this 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.
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6. That this conditional use permit has been exercised in substantially the same manner
and in conformance with all conditions and stipulations originally approved by the approval body.
7. That this conditional use permit has been exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare;
and that there are no outstanding Code violations or complaints regarding this property.
8. That deletion of the time limitation, under the conditions imposed, is necessary to permit
reasonable operation under the permit as granted.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMEf~TAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3541 is adequate to serve 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 RESOLVED that the Anaheim City Planning Commission
does hereby reinstate and approve Conditional Use Permit No. 3541 to permit a 600 square foot outdoor
dining area in conjunction with a previously-approved 7,500 square foot restaurant with on-premises sale
and consumption of alcoholic beverages; and
BE IT FURTHER RESOLViED that the Anaheim City Planning Commission does hereby
amend Resolution No. PC92-104, adopted in connection with Conditional Use Permit No. 3541 and
amended by Resolution No. PC95-98, to annend the conditions of approval in their entirety to read as
follows:
That there shall be no direct pedestrian access to the outdoor dining area from the public sidewalk. All
access to the outdoor dining area shall be solely through the restaurant.
2. 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.
That there shall not be any off-street or walk-in sale of alcoholic beverages; and that alcoholic
beverages shall only be served in conjunction with the restaurant.
4. 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.
5. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
6. 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 indicating "cocktails."
7. That there shall be no pool tables or coin-operated games maintained upon the premises at any
time.
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8. That all doors senring subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed and unlocke~ at all times during hours of operation except for ingress and
egress, deliveries, and in cases of emergency.
9. That a valid City of Anaheim business license shall be obtained from the Business License Division
of the Finance Department.
10. That subject property shall be developed and maintained 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, 3 and 4, and as conditioned herein.
11. That any future signage shall be submitted to the Zoning Division for review and approval by the
Planning Commission as a"Reports and Recommendation" item.
12. That no vending machines or arcade devices shall be permitted on the subject property.
13. That there shall be no public telephones on the premises located outside the building and within the
control of the applicant.
14. 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 require
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 18, 2000. ~ ~ /)
CHAIRPERSON,
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 December 18, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2001.
, ~'~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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