Resolution-PC 2001-141•
RESOLUTION NO. PC2001-141
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04439 BE GRANTED
FOR A PERIOD OF ONE YEAR TO EXPIRE ON SEPTEMBER 24, 2002
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF
WAY LINE OF A 60 FOOT STATE HIGHWAY, AS DESCRIBED IN A DEED
RECORDED JULY 10, 1914 IN BOOK 258, PAGE 66 OF DEEDS, WITH THE
NORTHERLY RIGHT OF WAY LINE OF CERRITOS AVENUE 40.00 FEET IN
WIDTH, SAID POINT BEING ON A CURVE IN SAID NORTHEASTERLY RIGHT
OF WAY LINE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 630.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 82 DEG. 54' 41"
-- EA~fi; THEIttCE NORTI~-FERLY A~ONG SAID-CURV€ THRO.U.GH_A CEL~ITRAL
ANGLE OF 4 DEG. 37' 14", A DISTANCE OF 50.81 FEET; THENCE NORTH 6
DEG. 55' 00" WEST ALONG THE EASTERLY LINE OF LAND DESCRIBED IN A
DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 13, 1929 IN BOOK
257, PAGE 462 OF OFFICIAL RECORDS, TO THE SOUTHWEST CORNER OF
TRACT 3313, AS SHOWN ON A MAP RECORDED IN BOOK 107, PAGES 34
TO 37 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA; THENCE NORTH 89 DEG. 56' 31" EAST 1161.91 FEET
ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3313, TO THE
WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY,
AS DESCRIBED IN A DEED RECORDED AUGUST 18, 1899 IN BOOK 44, PAGE
226 OF DEEDS; THENCE SOUTH 15 DEG. 25' 43" EAST 78.85 FEET ALONG
SAID WESTERLY LINE TO THE EASTERLY LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE
SOUTH 0 DEG. 10' 18" EAST 640.48 FEET ALONG SAID EASTERLY L1NE TO
THE SOUTHERLY LINE OF THE NORTHWEST QUARTER TO SAID SECTION
23; THENCE WEST ALONG SAID SOUTHERLY LINE TO THE
NORTHEASTERLY RIGHT OF WAY LINE OF SAID 60.00 FOOT STATE
HIGHWAY; THENCE NORTHERLY ALONG SAID NORTHEASTERLY LINE TO
THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 24, 2001 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 conditional use permit 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:
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1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.010 to permit on-premise sale and consumption of beer and
wine in an existing restaurant.
2. That the proposed use, as approved, 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. That the size and shape of the site for the proposed use 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.
4. That 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. That granting of 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.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That the on-premises sale and consumption of beer and wine portion at this restaurant shall expire
one (1) year from the date of this resolution, on September 24, 2002.
2. That the hours of operation for the restaurant and the on-premises sales and consumption of beer
and wine shall be permitted only between the hours of 10 a.m. to 7 p.m., Wednesday through
Monday.
3. That the restaurant operator shall install and maintain signs in the restaurant seating area, in both
English and Spanish, informing the patrons that beer and wine shall not be removed from said
seating area.
4. That the sale and consumption of beer and wine shall be confined to the food service area, which
area shall be maintained with permanently installed barriers surrounding said area to clearly define
the limits of the area allowing sales, service and consumption of beer and wine.
5. That the entrance/exit to the food service area shall be adjacent to the service counter of subject
Alcoholic Beverage Control ("ABC") licensed business so that persons entering and leaving the food
service area ("confined area") will be clearly visible to employees of the licensed business.
6. That no sale, consumption or possession of beer and wine by customers, sellers or employees shall
be allowed outside the confined area licensed by ABC.
7. That the sale and consumption of beer and wine shall be in conjunction with food sales only.
That the sale of beer and wine for off-premise consumption shall be prohibited.
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9. 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.
10. That all beer and wine shall be sold in distinctive containers available at the ABC licensed premises
only. These containers shall not be taken out of the licensed area.
11. That beer and wine shall be sold in containers no Iarger than sixteen (16) fluid ounces.
12. That not more than one (1) serving of beer or wine shall be sold to a customer at any time.
13. Proposed Condifion No. 13 was deleted at the September 24, 2001 public hearing.
14. That there shall be no pool tables maintained upon the premises at any time.
15. 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 premises" as defined in Section 23039
of the California Business and Professions Code.
16. That no "Happy Hour" type of reduced price alcoholic beverage promotion shall be allowed.
17. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
18. That food service with a full meal shall be available from opening time until either 7:00 p.m. or
- closing time, whichever oeeurs frrst, oFl each day o# opera~ion. -
19. That there shall be no pool tables, vending machines or arcade devices maintained upon the
premises at any time.
20. That the gross sales of beer and wine shall not exceed forty percent (40%) of the 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 beer and wine and other items. These records
shall be made available for inspection by any City of Anaheim official during reasonable business
hours.
21. That there shall be no live entertainment of any type including, but not limited to, live music, disc
jockey, karoake, dancing, topless entertainment, male or female performers or fashion shows.
22. That there shall be no amplified music or dancing permitted on the premises at any time.
23. 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 beer and wine.
24. That no person under the age of twenty (21) years shall sell or deliver alcoholic beverages.
25. That no pay telephones shall be maintained within the leased space of this business.
26. That loitering shall be prohibited on or around these premises or the area under control of the ABC
licensee(s).
27. That the petitioner(s) shall not require an admission charge or a cover charge, nor shall there be a
requirement to purchase a minimum number of drinks.
28. That no obstructions shall be attached, fastened or connected to either the partitions or the ceiling to
separate the booths/dining areas within the interior space of the licensed premises.
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29. That the licensee(s) shall not maintain or construct any type of enclosed room intended for use by
patrons or customers for any purpose.
30. That the petitioner shall make no changes to the premises' interior without prior written approval
from the Department of Alcohol Beverage Control.
31. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
32. 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.
33. That the applicant shall be responsible for maintaining the premises free of litter at all times.
34. That subject property shatl be devefoped 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 and 2, and as conditioned herein.
35. That prior to commencement of the activity authorized by this resolution or within one (1) year of the
date of this resolution whichever occurs first, Condition No. 3, 4, 5 and 34, 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.
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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 24, 2001. ~
IRPERSON, ANAHEIM CITY PCANNING COMMISSION
ATTEST:
~~ 1:.~.Y~ ~~ii-~.- s7 ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 24, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEF
~'Voven~ be~, zoo~.
ARNOLD, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NONE
BOSTWICK
EASTMAN
%~
;EOF, I have hereunto set my hand this ~~ day of
~ .~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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