Resolution-PC 2002-171~ ~
RESOLUTION NO. PC2002-171
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMiT NO. 1731
FOR 5 YEARS UNTIL NOVEMBER 18, 2007, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 77R-157, AS AMENDED,
ADOPTED THEREWITH
WHEREAS, on July 18, 1977, the Anaheim City Planning Commission did, by its
Resolution No. PC77-157, grant Conditional Use Permit No. 1731 to permit on-sale beer and wine in an
existing restaurant at 408 South Brookhurst Street; and that Condition No. 3 of said resolution specifics
that the property shall be developed substantially in accordance with plans and specifications on file with
the City of Anaheim marked Exhibit Nos. 1 through 3; and
WHEREAS, on July 22, 1996, the Planning Commission did, by its Resolution No. PC96-
72, amend the aforementioned Resolution No. PC77-157 by adding certain conditions of approval (Nos. 5
through 18) including that the hours of operation shall be limited to no later than 10 p.m. on Sundays
through Thursdays, and 11 pm on Fridays and Saturdays (Condition No. 8) and that the use permit would
expire one year from the date of the issuance of the Alcoholic Beverage Control license (Condition No.
17); and
WHEREAS, on September 23, 1997, the Anaheim City Council did, by its Resolution No.
97R-181, amend certain conditions of approval (Nos. 5, 6 and 17) of the aforementioned Resolution No.
PC77-157, as amended by Resolutio^ No. PC96-72, including that the use per_mit would expir~ five-yeaFs
from the date of said resolution on September 23, 2002 (Condition No. 17); and
WHEREAS, this property is currently developed with a freestanding restaurant (La
Langosta Mexican Restaurant); that the zoning is CL(BCC) (Commercial, Limited - Brookhurst
Commercial Corridor Overlay); that the Anaheim General Plan designates the property for General
Commercial land uses; and that the property is located within the Brookhurst Commercial Corridor
Redevelopment Project Area; and
WHEREAS, pursuant to Sections 18.03.092 and 18.03.093 of the Anaheim Municipal Code
the petitioner has requested the following to:
(a) Reinstate this conditional use permit by modifying or deleting Condition No. 17 pertaining to a time
limitation by which this use permit expired on September 23, 2002, to retain the previously approved
sale of beer and wine in an existing restaurant for on-premises consumption;
(b) Amend the approved exhibits (Condition No. 3) to expand the existing restaurant by adding 32 sq.ft.
at the firont entrance of fhe restaurant; and
(c) Extend the hours of operation (Condition No. 8) to midnight, seven days a week.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim 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 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 said public hearing was continued
to the November 4 and 18, 2002 Planning Commission meetings; and
Tracking No. CUP2002 04600
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WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reporfs offered at said hearing, does find
and determine the following facts:
1. That the use, as amended, is properly one for which a conditionaf use permit is
authorized by the Zoning Code.
2. That the proposal, as reinstated and amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located; and that this use permit has
been operated in substantially the same manner as originally approved by the Planning Commission and
City Council.
3. That the size and shape of the site for the proposal is adequate to atlow full development
of the use 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 use will not impose an undue burden upon the streets
and highways designed and improved to carry traffic in the area.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the Ciry of Anaheim; and that the
petitioner has complied with the previous conditions of approval, as evidenced by information provided by
the Code Enforcement Division.
6, That this conditional use..permit_is being exercised_in subs.tantiall~ the same manner-and
in conformance with all conditions and stipulations previously approved by the Planning Commission and
City Council.
7. 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, safety and general welfare;
and that the proposed expansion to the front entry (west elevation) of the restaurant and the amended
hours of operation, as conditioned herein, will not be detrimental to the surrounding land uses.
8. 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 retain the sale of beer and wine in a previously
approved restaurant with on-premises consumption, to amend the exhibits on fife to expand the existing
restaurant and to extend the hours of operation on property consisting of 0.3-acre having a frontage of 83
feet on the east side of Brookhurst Street, a maximum depth of 180 feet and being located 516 feet south
of the centerfine ofi Broadway, and further described as 408 South Brookhurst Street (La Langosta
Mexican Restaurant); and does hereby find that the Negative Declaration previously approved in
connection with Conditional Use Permit No. 1731 is adequate to serve as the required environmental
documentation in connection with this request upon finding that the declaration reflects the independent
judgment o~ the fead agency and that it has considered the previousiy approved IVegative 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. PC77-157, adopted in connection with Conditional Use Permit No. 1731
and amended by Resolution Nos. PC96-72 and 97R-181, to reinstate this conditional use permit and to
amend the conditions of approval, in their entirety, to read as follows:
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1. That the on-premises sale and consumption of beer and wine at an existing restaurant and the
amended hours of operation (Condition No. 2 herein) shall expire five (5) years from the date of this
resolution on November 18, 2007.
2. That the hours of operation shall be limited to no later than 11 p.m. on Sundays through Thursdays,
and midnight on Fridays and Saturdays.
3. That the lighting in the parking area of the premises shall be directed, positioned and shielded in such
a manner so as not to unreasonably illuminate the window areas of nearby residences.
4. 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.
5. 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.
6. That there shall be no pool tables or other games permitted upon the premises at any time, except as
specifically permitted herein.
7. That the gross 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 for inspection by any Ciry of Anaheim official when requested.
8. That a jukebox shall be permitted on the premises subject to obtaining the appropriate permit(s) from
the Business License Division of the City of Anaheim Finance Department.
9. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
10. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
11. That the on-site landscaping and irrigation system shall be maintained in compliance with city
standards.
12. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be
kept closed at all times during operation of the premises except for ingress/egress, deliveries and
emergencies.
13. Ttiat foc~d ~ervice rvith a fu~i rneai shaii be avaiiabie frorn opening time unfii ciosing time on each aay oi
operation.
14. That the 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
Califomia Business and Professions Code.
15. 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.
16. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
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17. 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.
18. That there shall be no public telephones on the premises located outside the building.
19. That signage shalf be limited to existing and approved signs; and that temporary signs and other
advertising devices shall not be permitted except in connection with an approved Special Event Permit
issued by the Planning Department.
20. That no advertising or identification of any type shall be permitted on any outdoor fumiture or
equipment including umbrellas, by illustration, by text or by any other means of visual communication.
21. 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.
22. That four (4) foot high street address numbers shall be permanently maintained on the flat area of the
roof in a contrasting color to the roof material, provided that the numbers shall not be visible to the
street or adjacent properties. Said information shall be specifically shown on the plans submitted for
building permits.
23. That trash storage. ar.ea(s) sha.ll be refurb.ished to the satisfaction-of tbe-P.ublic Works Depa~tFnent,
Streets and Sanitation Division, to comply with approved plans on file with said Department. Said
information shall be specifically shown on plans submitted for building permits.
24. 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 No. 1, and Exhibit Nos. 2 and 3, and as conditioned
herein.
25. That 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 No. 23, 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.
26. That prior to final building and zoning inspections, Condition Nos. 3, 22 and 24, above-mentioned, shall
be complied with.
27. 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 o~dinance, regulation or requirement.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 18, 2002.
ATTEST:
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CHAIRPERSON, A A EIM CITY PLANNING COMMISSION
i'ylu~..ro
-~-_•---~-~-~_
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 November 18, 2002, by the following vote of the members thereof:
AYES: COMMISSlONERS: BOSTWICK, BRISTOL, EASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~ecc.~be.- , Zoo2.
~~Z~~~..~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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