Resolution-PC 2001-36'~ ~
RESOLUTION NO. PC2001-36
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2681
FOR ONE (1) YEAR TO EXPIRE MARCH 26, 2002
(Tracking No. CUP2001-04336)
WHEREAS, on May 13, 1985, the Planning Commission adopted Resolution No. PC85-124
to approve Conditional Use Permit No. 2681 and permit an enclosed freestanding restaurant with on-
premises sale and consumption of alcoholic beverages and waiver of minimum number of parking spaces
at 480 North Glassell Street; and
WHEREAS, on January 24, 1994, the Planning Commission adopted Resolution No. PC94-
9 to amend the above-mentioned Resolution No. PC85-124 and permit four billiard tables in the existing
restaurant with on-premises sale and consumption of alcoholic beverages for five years until January 24,
1999; and
WHEREAS, on December 8, 1997, the Planning Commission adopted Resolution No.
PC97-172 to amend the above-mentioned resolutions and permit live entertainment in the existing
restaurant for 18 months until December 20, 1997; and
WHEREAS, on March 29, 1999, the Planning Commission adopted Resolution No. PC99-
59 to amend the above-mentioned resolutions and reinstate the live entertainment with dinner dancing
and the three billiard tables in the restaurant until March 29, 2001; and
WHEREAS, this property is developed with a 5,500 sq.ft. restaurant (Press Box Sports Bar
and Grill) in Development Area 1(Industrial Area) of the Northeast Area Specific Plan No. SP94-1; that
the Anaheim General Plan designates this property for General Industrial land uses; and that the
property is located in the Redevelopment Alpha Project Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which
under Condition No. 33 expires on March 29, 2001, to retain the previously-approved restaurant with sale
of alcoholic beverages for on-premises consumption and with three billiard tables, and to add public
entertainment (i.e., cover charge); and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 26, 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 amendment and to investigate and make
findings and recommendations in connection therewith; and that the hearing was continued from the
meeting of March 12, 2001; 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 all physical aspects of the property and premises remain the same as when this use
permit was originally approved and subsequently amended; and that surrounding land uses in the
immediate vicinity have not changed.
2. That this use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved, as required by Subsection
18.03.093.040 of the Zoning Code.
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3. That field inspection by Code Enforcement Division staff indicates that the property is in
compliance with all the conditions of approval.
4. That although there has been a recent increase in criminal incidents at this location, on
balance this use permit is being exercised in a manner which is not detrimental to the surrounding areas
or land uses, nor to the public peace, health, safety and general welfare; and that the public
entertainment is primarily conducted in the evenings when most of the surrounding industrial businesses
are closed.
5. That reinstating this use permit, under the conditions imposed, will not adversely affect
adjoining land uses and the growth and development of the area in which it is located.
6. That amendment of the time limitation is necessary to permit reasonable operation of this
business under the use permit as previously granted.
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 to reinstate this conditional use permit to retain the
restaurant at 480 North Glassell Street (Press Box Sports Bar and Grill) with sale of alcoholic beverages
for on-premises consumption and with three billiard tables, and to add public entertainment (i.e., cover
charge); and does hereby find that the Negative Declaration previously approved in connection with
Conditional Use Permit No. 2681 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 Conditional Use Permit No. 2681 for one (1) year to expire on March 26, 2002, to retain
the restaurant with sale of alcoholic beverages for on premises consumption and with three billiard tables,
and does also add public entertainment (i.e., cover charge);
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
amend, in their entirety, the conditions of approval of Resolution No. PC85-124, as adopted in connection
with Conditional Use Permit No. 2687 and as amended, to read as follows:
That the three (3) billiard tables and public entertainment, including the cover charge, at this
restaurant shall expire in one (1) year from the date of this resolution, on March 26, 2002.
That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from gra~ti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers or tall shrubbery.
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3. That if a parcel map to subdivide subject property is proposed, an unsubordinated restricted covenant
providing reciprocal access and parking, approved by the City Traffic and Transportation Manager
and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the O~ce of
the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning
Division. Provisions shall be made in the covenant to guarantee that the entire complex shall be
managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation,
signage, maintenance, land usage and architectural control; and that the covenant shall be
referenced in all deeds transferring all or any part of the interest in the property.
4. That all air conditioning facilities and other roof and ground mounted equipment shall be shielded
from view in compliance with Zoning Code requirements.
5. That the proposal shall comply with all signing requirements of the Development Area 1(Industrial
Area) of the Northeast Area Specific Plan No. SP 94-1 zone unless a variance alfowing sign waivers
is approved by the Planning Commission or City Council.
6. 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.
7. 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.
8. That food service including a full meal shall be available from opening time until closing time on each
day of operation.
9. That there shall be no more than three (3) pool tables maintained upon the premises at any time.
10. 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.
11. That the sale of alcoholic beverages 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 alcoholic beverages and other items. These
records shall be made available, subject to audit and, when requested, for inspection by any City of
Anaheim official during reasonable business hours.
12. 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.
13. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
14. That there shall be no exterior advertising of any kind or type, including adve~tising directed to the
exterior from within, promoting or indicating the availability of alcohol beverages, with the exception of
one (1) sign indicating "cocktails:'
15. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
16. That at all times when entertainment and/or dancing is permitted, and/or when a cover charge is paid,
a minimum of two (2) uniformed security officers shall be provided to the satisfaction of the Anaheim
Police Department 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.
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17. 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 residences.
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-
sf~aring plan, scheme or conspiracy.
19. That all doors serving subject 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, to permit deliveries, and in cases of emergency.
20. That there shall be no public telephones on the premises, which are located outside the building.
21. That at lease thirty (30) days in advance of any entertainment event at this tocation furnished by an
outsids promo#er, the b~sirsss o~rmer sha!! notify the Anaheim Police Depa~tmsnt, Vice Qstail. This
notice shall include the name, address and phone number of the promoter and detailed information
on the type of event including dates, hours, anticipated attendance and nature of event.
22. That public entertainment at this restaurant shall be limited to Wednesday, Friday and Saturday
nights from 8:00 p.m. until closing. Any change to this schedule shall be reviewed and approved by
the Planning Commission as a"Reports and Recommendations" item.
23. 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 Revision No. 1 of Exhibit Nos. 1 through 4, and as conditioned herein.
24. 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 Federat
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.
25. That within a period of within thirty (30) days from the date of this resolution, the pennants/flags
located on the roof of the restaurant shall be removed.
THE FOREGOING RESOLUTION was adog~d ~the~anping Commission meeting of
March 26, 2001. ~ ~ ~~ ~ ~ //
CHAIRPER~~N,~i4NAH~fM CITY PLANNING COMMISSION
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ATf EST:
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SECRETARY, ANAHEIM CITY 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 March 26, 2001, 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
C~.,~~, , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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