Resolution-PC 2001-171~I
RESOLUTION NO. PC2001-171
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC92-102 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3532
WHEREAS, on August 24, 1992, Resolution No. PC92-102 was adopted by the Anaheim
City Planning Commission to grant Conditional Use Permit 3532 and permit the on-premises sale and
consumption of beer and wine in conjunction with a semi-enclosed restaurant at 5570-5572 East Santa
Ana Canyon Road, with waiver of the minimum number of parking spaces; and
WHEREAS, this property is developed with a 116,801 sq.ft. shopping center with 21 tenant
spaces, including subject semi-enclosed restaurant (Rudy's Pizza); that the zoning is CL(SC)
(Commercial Limited - Scenic Corridor Overlay); and that the Land Use Element of the Anaheim General
Plan designates the property for General Commercial land uses; and
WHEREAS, the petitioner requests an amendment to the Conditional Use Permit No.
3532 under authority of Code Sections 18.44.050.010 and 18.44.050.025 to expand the indoor dining
area of the previously-approved semi-enclosed restaurant with beer and wine sales for on-premises
consumption and an amusement arcade; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 3, 2001, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance witFi-the-provisions of the Anaheirn Munieipal 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 the use, as proposed to be expanded, is properly one for which a conditional use
permit is authorized by the Zoning Code; and that the proposal, as conditioned herein, will not adversely
affect the adjacent residential land uses or the growth and development of the area in which the use is
located.
2. That the size and shape of the site for the use, as proposed to be expanded, 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 generai welfare.
3. That the traffic generated by the use, as proposed to be expanded, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
4. 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.
5. That the property provides adequate ingress/egress from public streets, adequate on-site
vehicular circulation, and adequate parking for customers and employees patronizing the combined uses
on the property.
Tracking No. CUP2001-04472
CR5256PK.doc -1- PC2001-171
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6. That the use, as proposed to be expanded, will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim; and that a site inspection by staff
showed that the property was in good condition in terms of landscaping and maintenance.
7. 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: 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. 3532 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 fead 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 amend Resolution No. PC92-102, adopted in connection with Conditional Use Permit No. 3532, to
permit expansion of the indoor dining area of a previously-approved semi-enclosed restaurant with beer
and wine safes for on-premises consumption and an amusement arcade at 5570-5572 East Santa Ana
Canyon Road, with waiver of the minimum number of parking spaces; and
BE IT FURTHER RESOLVED, that the Planning Commission does also amend the
conditions of approval in their entirety, which conditions are hereby found to be a necessary prerequisite
to the proposed use of the subjeet property in Qrder to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
Th~,t s~~~;PCt r~sta~arant ~hall con#inuously adhere to the following conditions, as required by the
Police Department:
a. 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.
b. That at ai1 times when the premises are open for business, the premises shail be maintained as
a bona fide restaurant; and that the menu provided to customers shall contain an assortment
of foods normally offered in such restaurants.
c. That there shall be no bar or lounge maintained on the premises for the purpose of sales,
service or consumption of alcoholic beverages directly to patrons for consumption.
d. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
e. That there shall be no pool tables maintained upon the premises at any time.
That quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records which reflect separately
the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said
records shall be kept no less frequently than on a quarterly basis and shall be made available
to the Police Department on demand.
g. That there shall be no live entertainment, amplified music or dancing permitted on the premises
at any time.
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h. Proposed Condition No. 1.h was deleted at the Planning Commission public hearing.
That the arnusement machines or video game devices maintained upon the premises shall be
approved by the appropriate City departments.
That no "happy hour" type of reduced price alcoholic beverage promotion shall be allowed.
k. 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 alcohol beverages. Interior
displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute
a violation of this condition.
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 to the Police Department, Community Services Division,
for review and approval.
m. That the outdoor dining area shall be completely enclosed by fencing or other such permanent
structure as approved by the City, at least forty (40) inches in height, into which entry is only
possible from the interior of the business. Emergency exits required by the Uniform Fire Code
shall be maintained, but shall not be utilized by patrons/employees other than in an emergency.
Said information shall be specifically shown on plans submitted to the Police Department,
Comm~rni~y SeFViees Division; for review and approval.
2. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department,
S#r~~t~ and Sanitation Division; to comply with approved plans on file with said Department. Said
information shall be specifically shown on plans submitted for review and approval by the Streets
and Sanitation Division.
3. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on plans submitted for review and approval
by the Police Department, Community Services Division.
4. 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 occurrence.
That the proposal shall comply with all signing requirements of the CL(SC) (Commercial, Limited -
Scenic Corridor Overlay) Zone unless a variance allowing sign waivers is approved by the Planning
Commission and/or City Council.
6. That no new roof-mounted equipment shall be permitted unless a conditional use permit is applied
for and approved in compliance with Anaheim Municipal Code Section 18.84.062.032 pertaining to
the "SC" Scenic Corridor Zone Overlay.
7. That prior to commencing operation of this business, a valid business license shall be obtained from
the Business License Division of the City of Anaheim Finance Department.
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 and 2, and as conditioned herein.
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That prior to commencement of the activity authorized by this resolution, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 1.1, 1.m, 2, 3 and 7, 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.
10. That prior to the commencement of the activity authorized by this resolution, or prior to final building
and zoning inspections, whichever occurs first, Condition No. 8, above-mentioned, shall be complied
with.
11. Proposed Condition No. 11 was deleted at the Planning Commission public hearing.
12. Proposed Condition No. 12 was deleted at the Planning Commission public hearing.
13. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal 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
December 3, 2001.
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CHAIRPER N, ANAHEI ITY PLANNING COMMISSION
ATf EST:
SECRETARY, ANAH M CITY PLANNING COMMISSION
STATE OF CALIFORfVIA )
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 December 3, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
2 C' e vr1 e-'', 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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