Resolution-PC 2002-156~
RESOLUTION NO. PC2002-156
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING THE CONDITIONS OF APPROVAL OF
RESOLUTION NO. 2001-178 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2001-04466
WHEREAS, on December 17, 2001, the Anaheim City Planning Commission did, by its
Resolution No. PC2001-178, grant Conditional Use Permit No. 2001-04466 to establish land use conformity
with existing Zoning Code land use requirements for a commercial retail center, and to permit the sale of
beer and wine for on-premises consumption in conjunction with an existing restaurant in that retail center;
and
WHEREAS, said Resolution No. PC2001-178 includes the following conditions of approval
(Nos. 1-a through 1-p) which are specific to the 'restaurant with on-sale beer and wine'; and that the
remaining Condition Nos. 2 through 18 pertain specifically to the `commercial retail center':
Restaurant with on-sale beer and wine
That subject restaurant shall continuously 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 there shall be no bar or lounge maintained on the property unless licensed by
Alcoholic Beverage Control ("ABC") and approved by the City of Anaheim.
c. 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.
d. That there shall be no pool tables maintained upon the premises at any time.
e. That the sale 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, subject to audit and, when requested, for
inspection by any City of Anaheim official during reasonable business hours.
f. 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.
g. That the sale of beer and wine for consumption off the premises shatl be prohibited.
h. 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 alcoholic beverages.
That the activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
j. That sales, service and consumption of beer and wine shall be permitted only during the
following hours:
Sunday through Thursday: 11 a.m. to 10 p.m.
Friday and Saturday: 11 a.m. to 12 midnight
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k. 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.
That the business operator shal! 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.
m. That no vending machines shall be visible to any public right-of-way.
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.
o. That there shall be no public telephones on the property which are located outside the
building and within the control of the applicant.
p. That the portion of this conditional use permit regarding the sale of beer and wine shall
expire one (1) year from the date of this resolution unless a valid license has been issued
by the California Department of Alcoholic Beverage Control ("ABC").
WHEREAS, this 0.4-acre property is developed with a commercial retail center having four
tenants, including subject restaurant at 1751 West La Palma Avenue (EI Ray Del Marisco); that this center is
part of a larger strip of commercial businesses located on the north side of La Palma Avenue between
Onondaga Avenue and Euclid Street; that the property is zoned CL (Commercial, Limited); and that the
Land Use Element of the Anaheim General Plan designates the property for General Commercial land uses;
and
WHEREAS, under authority of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal
Code, the petitioner has requested that Condition No. 1-j (pertaining to the hours of operation for the
restaurant with sale of beer and wine for on-premises consumption) be amended to extend the hours to 2
a.m. (instead of until 10 p.m. on Sundays through Thursdays and 12 midnight on Fridays and Saturdays;
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
Ciry of Anaheim on October 7, 2002, 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 consideration of all evidence and reports offered at said hearing, does find and
determine the following facts:
1. That Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code provide for the
modification of a conditional use permit for several reasons, including that modification (with the imposition of
additional conditions thereto) is reasonably necessary to protect the public peace, health, safety or general
welfare, or necessary to permit reasonable operation of the approved use under the conditional use permit
as originally granted; and that the proposal is to extend the hours of operation for the restaurant with the
sale of beer and wine for on-premises consumption.
2. That Planning staff have inspected the premises and determined that the restaurant is operating
in conformance with the existing conditions of approval; and that there were no calls for service or police
reports taken at this restaurant during the last year.
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3. That the Planning Commission recently took action to extend the hours of operation for a nearby
restaurant at 1750 West La Palma Avenue (EI Patio) to 11 p.m. on Sunday through Wednesday and to
midnight on Thursday through Saturday; and that said action was based on the approved operating hours
being appropriate for a restaurant which abuts a residential neighborhood rather than later closing hours
which would resemble a nightclub or public dance hall.
4. That the request is hereby approved in part (in order to protect the abutting residential
neighborhoods and to be consistent with the operating hours recently approved for the EI Patio restaurant,
as discussed in Finding No. 3, above, and which petition is still on appeal to City Council) to extend the hours
during which beer and wine can be sold, served and consumed at the subject restaurant to 10 a.m. to 10
p.m. on Sunday through Thursday, and to 10 a.m. to 1 a.m. on Friday and Saturday.
5. That Condition No. 1-c is also amended to require that food service with a full meal be available
from opening time until closing time on each day of the restaurant's operation; and that new Condition No. 1-
q is added to specify that the hours during which beer and wine can be sold, served and consumed as
specified in amended Condition No. 1-j, shall expire in one year at which time the hours shall return to those
originally approved.
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 or his
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, THEf2EFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend the conditions of approval contained in Resolution No. PC2001-178, adopted in connection
with Conditional Use Permit No. 2001-04466, in their entirety to read as follows:
Restaurant with on-sale beer and wine
That subject restaurant shall continuously 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 there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
c. That food service with a full meal shall be available from opening time until closing time on each
day of operation.
d. That there shall be no pool tables maintained upon the premises at any time.
e. That the 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, subject to audit and, when requested, inspection by any City of Anaheim official
during reasonable business hours.
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.
g. That the sale of beer and wine for consumption off the premises shaU be prohibited.
h. 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.
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That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
That sales, service and consumption of beer and wine shall be permitted only between the hours
of:
Sunday through Thursday 10 a.m. to 10 p.m.
Friday and Saturday. 10 a.m. to 1 a.m.
k. 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.
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.
m. That no vending machines shall be visible from any public right-of-way.
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.
o. `~hat there shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
p. That the portion of this permit regarding the sales of alcohol shall expire one (1) year from the date
of approval unless a valid license has been issued by the California Department of Alcoholic
Beverage Control.
That Condition No. 1-j, above-mentioned, shall expire one (1) year from the date of this resolution,
on October 7, 2003, after which the hours of operation shall return to those originally approved, as
follows:
Sunday through Thursday: 11 a.m. to 10 p.m.
Friday and Saturday: 11 a.m. to 12 midnight
Commercial Retail Center
2. That a landscape plan shall be submitted to the Zoning Division for review and approval for
refurbishment of landscaped areas. Said installation and refurbishment shall be completed within two
(2) months of approval of said plans.
3. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted.
4. That roof-mounted balloons or other inflated devices shall not be permitted.
5. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject
property.
6. That no vending machines shall be permitted on the property which are visible from the public right-of-
way.
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7. That four (4) foot high street address numbers shail be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the street or adjacent
prope~ties. Said information shall be specifically shown on plans submitted for review and approval by
the Police Department, Community Services Division.
8. That any existing or proposed roof-mounted equipment shall be subject to the screening requirements
of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
10. 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.
11. That the premises shall be maintainrf free of litter at all times.
12. That the number of tenant spaces shall be limited to five (5) units as reflected on the approved site plan
(Exhibit No. 1).
13. That signage for subject facility shall be limited to all legal existing signage as of the date of this
resolution. Any additional signs shall be subject to approval by the Planning Commission as a"Reports
and Recommendations" item.
14. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernable 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 __
ilfuminate the windows of nearby residences.
15. That the 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, 2 and 3, as conditioned herein.
16. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 7, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 October 7, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~- ~ d-day of
~C~a~~r , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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