Resolution-PC 2002-58•
RESOLUTION NO. PC2002-58
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04529 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL A: PARCELS 5 THRU 10 INCLUSIVE IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED N BOOK 18, PAGE
30 OF PARCEL MAPS,
PARCEL B: LOTS 1, 2, 3 AND 4, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON LOT LINE ADJUSTMENT NO. 344,
RECORDED NOVEMBER 1, 1995 AS INSTRUMENT NO. 95-0486035, OFFICIAL
RECORDS.
PARCEL C: PARCELS 1 AND 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 46 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL D: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 18.,. TOWNSHIP 4 SOUTH, RANGE 10 WES_T, IN THE RANCHO
LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING
SOUTHERLY OF A LINE PARALLEL WITH AND 50.00 FEET NORTHERLY FROM THE
NORTH LINE OF THE SOUTH 25 ACRES OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 18.
EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EAST LINE OF LOT 1
OR TRACT NO. 2701, AS PER MAP RECORDED IN BOOK 115, PAGES 5 AND 6 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN SAID SOUTH 25
ACRES.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 22, 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 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 this conditional use permit was advertised as a request to (1) establish land use
conformity with existing Zoning Code land use requirements for an existing commercial retail center and
(2) permit on-premises sale and consumption of beer and wine in an existing restaurant, but that following
public notification it was determined that the first part (to establish land use conformity with existing
Zoning Code land use requirements for the existing commercial retail center) was not necessary.
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2. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.05.010 to permit on-premises sale and consumption of beer and
wine in an existing restaurant.
3. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
4. That the size and shape of the site for the proposed use 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 general welfare.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That granting 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.
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: 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 grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That subject restaurant shall continuously adhere to the following conditions, as required by the
Police Department:
a. At all times when the premises are open for business, the premises shall be maintained as a
bona fide restaurant and shall provide a menu containing an assortment of foods normally offered
at such restaurants.
b. No amplified music shall be allowed on the premises at any time.
c. 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
sales 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.
d. No dancing shall be allowed on the premises.
e. No amusement machines or video game devices shall be maintained upon the premises at any
time.
f. No live entertainment of any type, including but not limited to live music, disc jockey, karaoke,
topless entertainment, male or female perFormers or fashion shows shall be permitted at any
time.
g. No bar or lounge shall be maintained on the premises for the purpose of sales, service or
consumption of alcoholic beverages directly to patrons for consumption.
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h. No pool tables shall be maintained upon the premises at any time.
i. (Infenfionally de/eted because proposed condition 1.i was the same as 1.g, above.)
No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed.
k. No exterior advertising of any kind or type, including advertising directed to the exterior from
within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic
beverages or signs which are clearly visible to the exterior shall constitute a violation of this
condition.
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.
m. Any graffiti applied upon the premises or any adjacent area under the control of the licensee shall
be removed or painted over within twenty four (24) hours of being applied.
2. That the hours of operation shall be limited to 10:00 a.m. to 10:00 p.m., Monday through Sunday.
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 to the Police Department
for review and approval.
4. 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.
5. That any additional signage shall be submitted to the Zoning Division for review and approval. Any
decision by Zoning Division staff may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
6. That any exterior pay telephones under the control of the applicant shall be removed.
7. That no window signage shall be permitted.
8. That prior to the commencement of the activity authorized by this resolution or wi#hin a period of one
(1) year from the date of this resolution, whichever occurs first, Condition Nos. 1.1., 3, 4 and 6,
above-mentioned, shall be complied with.
9. 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. Approvai does not include any action or findings as to cornpliance 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 expressfy predicated upon applicant's 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 22, 2002.
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CHAIRPERS , ANAHEIM CITY NNING COMMISSION
ATTEST:
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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 Ciry Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on April 22, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
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IN WITNESS WHEREOF, I have hereunto set my hand this (n day of
__, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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