Resolution-PC 2003-129• •
RESOLUTION NO. PC2003-129
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2090, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002-114,
ADOPTED THEREWITH
WHEREAS, on June 2, 1980, the Anaheim City Planning Commission did, by its Resolution
No. PC80-92, approve Conditional Use Permit No. 2090 to permit a public dancing facility in conjunction
with a restaurant at 1160 North Kraemer Boulevard in the ML (Limited Industrial) Zone; that Condition
No. 5 of said resolution specified that the use was granted for one year subject to reviews for possible
extensions of time; and that extensions of time were subsequently granted by motion and by resolution;
and
WHEREAS, on July 24, 1995, the Planning Commission did, by its Resolution No. PC95-
87, amend certain conditions of approval adopted in connection with Conditional Use Permit No. 2090,
including granting a retroactive extension of time and amending Condition No. 5 to permit the use until
August 26, 1997; and
WHEREAS, on September 12, 1995, the Anaheim City Council adopted an ordinance
reclassifying a large area including subject property from the ML Zone to Development Area 3(La Palma
Core Area) of the Northeast Area Specific Plan No. 94-1 (SP94-1); and that the Zoning and Development
standards were also adopted for the Development Areas in Specific Plan No. 94-1; and
WHEREAS, on September 30, 1996, the Planning Commission did, by its Resolution No.
PC96-101, amend the conditions of approved adopted in connection with Conditional Use Permit No.
2090, including Condition No. 10 which specified that the use would expire on August 27, 1997; and
WHEREAS, the Planning Commission subsequently adopted six resolutions (Nos. PC98-
118, PC99-141, PC2000-12, PC2001-30, PC2001-126 and PC2002-114) to reinstate the accessory
public entertainment (a public dance hall) for additional periods of time in connection with an existing
restaurant with sale of alcoholic beverages for on-premises consumption; and that the most recent
resolution (PC2002-114) includes the following conditions of approval:
That the accessory public entertainment shall expire on August 27, 2003.
2. That the outdoor patio area may be used by patrons for seating and smoking
purposes only; and that no other outdoor activities, including but not limited to
dining, drinking, entertainment, dancing, etc., shall be permitted on this property.
21. That there shall be no direct pedestrian access to the outdoor patio area from
outside the building. All access to the patio area shall be solely through the
restaurant. Further, that a sign shall be posted at the entrance to the patio stating
that this area shall be used for seating and smoking purposes only, and that no
dining, drinking or dancing shall be permitted in the outdoor patio.
WHEREAS, the property is developed with a restaurant/public dance hall (Xalos
Restaurant); that the underlying zoning is Development Area 3(La Palma Core Area) of the No~theast
Area Specific Plan (SP94-1); that the Anaheim General Plan designates the property for General
Industriaf land uses; and that the property is located in the Project Alpha Northeast Redevelopment
Project Area; and
W HEREAS, under authority of Code Sections 18.03.091 and 18.03.093, the petitioner has
requested a 5-year reinstatement to retain the accessory public entertainment in conjunction with the
restaurant with sales of alcoholic beverages for on-premises consumption (to match the lease agreement)
Tracking No. CUP2003-04740
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or deletion Condition No. 1(which specifies that the accessory public entertainment shall expire on
August 27, 2003) to eliminate any time limitation; and that the petitioner has also requested modification
to Condition Nos. 2 and 21 pertaining to consumption of food and alcoholic beverages on the existing
'smoking patio ; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 8, 2003, 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 the use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the use, as proposed to be amended, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as proposed to be amended, 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.
4. That the traffic generated by the use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the 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 City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations previously approved by the Planning Commission.
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;
that the accessory public entertainment is primarily conducted in the evenings when most of the
surrounding industrial businesses are closed; and that recent inspection by Code Enforcement Division
staff indicates that the property is currently demonstrating compliance with all the conditions of approval.
8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain accessory public entertainment in connection
with an existing restaurant with sale of alcoholic beverages for on-premises consumption, and to amend
or delete certain conditions adopted therewith, on a 0.9-acre property having a frontage of 175 feet on the
east side of Kraemer Boulevard and a maximum depth of 216 feet, being located 242 feet south of the
centerline of Coronado Street, and further described as 1160 North Kraemer Boulevard (Xalos
Restaurant); and does hereby find that the Negative Declaration previously approved in connection with
Conditional Use Permit No. 2090 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 comrnents received that there is no substantial evidence that the project will have a significant
effect on the environment.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
reinstate and approve Conditional Use Permit No. 2090, to retain the accessory public entertainment in
connection with an existing restaurant with the sale of alcoholic beverages for on-premises consumption;
and
BE IT FURTHER RESOVED that the requested modifications to the conditions of approval
pertaining to consumption of food and alcoholic beverages on the existing 'smoking patio' are denied;
and
BE IT FURTHER RESOVED that the conditions of approval in Resolution No. PC2002-114,
adopted in connection with Conditional Use Permit No. 2090 as previously amended, are hereby
amended in their entirety to read as follows:
That the accessory public entertainment shall expire on August 27, 2004.
2. That the outdoor patio area may be used by patrons for seating and smoking purposes only. That
no other outdoor activities, including but not limited to dining, drinking, entertainment, dancing, etc.,
shall be permitted in the patio area.
That the number of persons attending any event at this property shall not exceed the maximum
occupancy load as determined by the Anaheim Fire Department. Signs indicating the maximum
occupancy shall be prominently displayed within the premises.
4. ~hat the property owner sha44 provide any new business. operator/owner with the conditions of
approval contained in this resolution.
5. That the sales of any type of alcoholic beverages for consumption off the premises shall be
prohibited.
6. 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.
7. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties and shall conform to the City of Anaheim Noise
Ordinance.
8. That all doors serving subject establishment shall comply with 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, deliveries and in cases of emergency.
9. That at all times when entertainment or dancing is permitted, uniformed security guards shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part
of employees or patrons, and promote the safe and orderly assembly and movement of persons and
vehicles, and prevent disturbance to the neighborhood by excessive noise created by patrons
entering or leaving the premises.
10. That the parking lot serving the premises shall be equipped with lighting of su~cient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot.
11. That there shall be no pool tables, amusement devices or games maintained within subject
establishment without issuance of proper permits as required by the Anaheim Municipal Code.
12. 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
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them drinks in the licensed premises under any commission, percentage, salary, or other profit-
sharing pian, scheme or conspiracy.
13. That there shall be no public telephones on the premises located outside the building.
14. 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.
15. 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.
16. 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.
17. 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.
18. That the sales of any type 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 any type of alcoholic beverages 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.
19. T-hat-th~re-shalF be no e~tereoF adver~isir~g-of any kind or type,__including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages.
20. That the operator of subject facility shall pay for the cost of any Code Enforcement inspections which
may be required to address Code violations or violations of these conditions of approval.
21. That there shall be no direct pedestrian access to the outdoor patio area from outside the building.
All access to this area shall be solely through the restaurant. Further, that a sign shall be posted at
the entrance to the patio stating that this area shall be used for seating and smoking purposes only
and that no dining, drinking or dancing shall be permitted in the patio.
22. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
23. That the proposa! shall comply with all signing requirements of Development Area 3(La Palma Core
Area) of the Northeast Area Specific Plan (SP94-1) unless a variance allowing sign waivers is
approved by the Planning Commission or City Council.
24. That a valid business license shall be maintained for this business from the City of Anaheim
Business License Division of the Finance Department.
25. That this resolution shall be permanently posted in an obvious location within the employee work
area to serve as a reminder of the conditions of approval contained herein.
26. That three (3) foot high address numbers shall be maintained and displayed on the building roof in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent street or
properties.
27. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
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28. 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.
29. That all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
30. 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 graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery.
31. That subject property shall be developed substantially in accordance with plans and speci~cations
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1, and as conditioned herein.
32. 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.
33. That within a period of sixty (60) days from the date of this resolution, the following shall be satisfied,
as stipulated by the petitioner:
(1) Removal of the coin-operated telephone from the patio;
(2) Obtain the required permits for the sink;
(3) Construct an enclosure around the water heater, including obtaining the appropriate permits;
(4) Remove the un-permitted wood sign in the landscaped setback along Kraemer Boulevard;
(5) Refurbish the trash enclosure gates;
(6) Clean up area to the rear of the restaurant and install slats in the chain link enclosure; and
(7) Refurbish the landscaping in parking lot.
THE FOREGOING RESOLUTION was adopted at the P,lanning Commission meeting of
September 8, 2003. ~
RPERSON, ANAHEIM CITY PLANNING COMMISSION
A'
ENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Pat Chandler, Senior 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 8, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
_, 2003.
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SECFiETARY, ANAHEIM CITY PLANNING COMMISSION
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