Resolution-PC 2002-143~ ~
RESOLUTION NO. PC2002-143
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND GRANTING CONDITIONAL USE PERMIT NO. 2001-04439,
AND AMENDING THE CONDITIONS OF APPROVAL THEREOF
WHEREAS, on September 24, 2001, the Anaheim City Planning Commission did, by
Resolution No. PC2001-141, grant Conditional Use Permit No. 2001-04439 to permit on premises-sale
and consumption of beer and wine in an existing restaurant for a period of one year; and that Condition
No. 1 of said resolution specifies that said use shall expire one year from the date of the resolution on
September 24, 2002; and
WHEREAS, subject property is developed with an indoor swap meet (Anaheim Indoor
Marketplace) including accessory outdoor uses; that the zoning is CL(SABC) (Commercial, Limited -
South Anaheim Boulevard Corridor Overlay); that the property is located within the Commercial/Industrial
Redevelopment Project (South Anaheim Boulevard Area); and that the Land Use Element of the
Anaheim General Plan designates the property for General Commercial land uses; and
WHEREAS, the petitioner has requested reinstatement of this use permit by the
modification or deletion of Condition No. 1 pertaining to a one-year time limitation in order to retain the on-
premises sale and consumption of beer and wine in conjunction with an existing restaurant; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
irt the City o~AnahgiKra on_September 23, 2002 at 1:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance witf~ fF~e p~ovisions of the A~taheim .Mu~icipal 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:
1. That reinstatement of and amendment to Conditional Use Permit No. 2001-04439 to
permit the continued on-premises-sale and consumption of beer and wine in an existing restaurant at the
Anaheim Indoor Swap Meet is authorized by Anaheim Municipal Code Section 18.03.093.
2. That the facts necessary to support each and every required showing for the issuance of
the requested entitlement as set forth in Chapter 18.03 of the Anaheim Municipal Code exist.
3. That this conditional use permit is being exercised substantially in the same manner and
in conformance with all conditions and stipulations originally approved by the approvaf body.
4. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health and safety and general welfare.
5. That amending the conditions of approval, including Condition No. 1 pertaining to the
one-year time limitation for on-premises-sale and consumption of beer and wine in an existing restaurant,
is necessary to permit reasonable operation of the use under this use permit as originally granted.
6. That the use, as reinstated, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
7. That the size and shape of the site for the use, as reinstated, 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.
Tracking No. CUP 2002-04597
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8. That the traffic generated by the use, as reinstated, will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
9. That reinstating 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.
10. That no one indicated their presence at said public hearing in opposition to the proposal;
and that no correspondence was received in opposition to the subject petition.
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 reinstate and grant Conditional Use Permit No. 2001-04439 for a period of eight (8) years to
expire on August 29, 2010; and
BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. PC2001-
141, adopted in connection with Conditionat Use Permit No. 2001-04439, be amended in their entirety to
read as fol6ows:
That the on-premises sale and consumption of beer and wine portion of this conditional use permit
shal{ expire in (8) years, on August 29, 2010, concurrently with the expiration of Conditional Use
Permif IVo. 3400 w~iicF~ granted the inctQOr swapmeet at '~440-South Anaheim Boulevard (Anaheim
Indoor Marketplace).
2. That the hours of operation for the restaurant and the on-premises sale and consumption of beer
and wine shall be permitted only between the hours of 10 a.m. to 7 p.m. Wednesday through
Monday.
That the restaurant operator shall 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 it so as to 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 (the "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.
8. That the sale of beer and wine for off-premise consumption shall be prohibited.
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 larger than sixteen (16) fluid ounces.
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12. That not more than one (1) serving of beer or wine shail be sold to a customer at any time.
13. That there shall be no sale or consumption of "non-alcoholic beer" at the subject premises.
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 occurs first, on each day of operation.
19. That there shall be no pool tables, vending machines or arcade devices maintained upon the
premises at any time.
20. That the gross sale of beer and wine shall not exceed forty percent (40%) of the gross sale 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
fiour~.
21. That there shall be no live entertainment of any type, including but not limited to live music, disc
jockey, karaoke, 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 within, promoting or indicating the availability of beer and wine.
24. That no person under the age of twenty one (21) years shall sell or deliver alcoholic beverages.
25. That no pay telephone 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
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 ceiling to
separate the booths/dining areas within the interior space of the licensed premises.
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 in 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.
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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 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, as conditioned herein.
35. 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 23, 2002. / ~ ,~ .
, ANAHEIM-CITY P-LANN-!N~ COMM.ISSION
ATTEST: ~J
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 23, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISS~ONERS: NONE
ABSTAIN: COMMISSIONER: BOSTWICK
ABSENT: COMMISSIONER: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this a~ da of
- v.d , 2002. y
~~,tJvt~ot~-~'~
SECRETARY, ANAHEI CITY PLANNING COMMISSION
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