Resolution-PC 2003-139. ~
RESOLUTION NO. PC2003-139
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTlON NO. PC85-84, AS AMENDED BY RESOLUTION NO. 2002R-221,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT 2670
WHEREAS, on April 1, 1985, the Anaheim City Planning Commission did, by its Resolution
No. PC85-84, grant Conditional Use Permit No. 2670 to permit on-sale alcoholic beverages in a semi-
enclosed restaurant at 1750 West La Palma Avenue; and that Condition No. 6 of said resolution specifies
that the hours of operation shall be limited to 11:00 a.m. to 11 p.m., seven days a week; and
WHEREAS, on October 15, 2002, the Anaheim City Council did, by its Resolution No. 2002R-
221, amend certain conditions of approval of said Resolution No. PC85-84, including Condition No. 1 to read
as follows:
"1. That the hours of operation shall be limited to 11:00 a.m. to midnight, Sunday, Monday,
Tuesday and Thursday; and 11:00 a.m. to 1:30 a.m. on Wednesday, Friday and
Saturday; provided, however, that effective October 15, 2003, said hours of operation
shall be and remain thereafter as follows: 11:00 a.m. to 11:00 p.m., seven days a
week."
WHEREAS, the property is developed with a restaurant (EI Patio Restaurant); that the zoning
is G~ EGo~~eFSia~-~i~F~e~?; aFld-~hat the Anaheirn Genera4 Pla~-la~d-~se desigr~ation is General --
Commercial; and
WHEREAS, under authority of Section 18.03.091 of the Anaheim Municipal Code, the
petitioner has requested an amendment to Condition No. 1 of Conditional Use Permit No. 2670 pertaining to
the permitted hours of operation for the previously approved semi-enclosed restaurant with on-premises sale
and consumption of alcoholic beverages, to expand the hours of operation to 11:00 a.m. to 2 a.m.
Wednesday through Sunday and 11:00 a.m. to midnight on Monday and Tuesday for the next five years;
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 20, 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
deterrnine the following facts:
1. That the hours of operation for this semi-enclosed restaurant with on-premises sale and
consumption of alcoholic beverages are hereby expanded for the next two years until October 14, 2005, as
follows: 11:00 a.m. to midnight on Sunday, Monday, Tuesday and Thursday, and 11:00 a.m. to 1:30 a.m. on
~lednesday, Fr~day and Saturday; and that on October 15, 2005, the hours of operation shall revert to 11:00
a.m. to 11:00 p.m., seven days a week.
2. That the use, as amended, will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located; and that although the underlying reporting district and the
surrounding districts have crime rates above the citywide average, calls for service to this business were
reduced to almost half from February 2001 through March 2002 (as discussed in paragraphs (8) and (9) of
the Staff Report to the Planning Commission dated October 20, 2003) compared to the number of calls for
Tracking No. CUP2003-04770
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the previous year; and that because the business is currently operating in compliance with all terms and
conditions of approval and the number of calls for service has been reduced and the use has not been
operated so as to constitute a nuisance, extending the hours of operation will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
3. That the size and shape of the site for the use, as amended, 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.
4. That the traffic generated by the use, as amended, will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That the expanded hours of operation for the semi-enclosed restaurant with on-sale alcoholic
beverages are necessary to permit reasonable operation under Conditional Use Permit No. 2670 as
originally granted; and that rriodifying the conditions of approval, including limiting the term of the additional
hours of operation to two years, is necessary in order to protect the public peace, health, safety and general
welfare due to this site's proximity to single family residential land uses to the south and west.
6. That no one indicated their presence at the public hearing in opposition to the proposal; that a
petition with 15 signatures was submitted in support of the request; and that no correspondence was
received in opposition to the request.
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(Existing Facilities), as defined _in the State of. Calif.ornia. Env.ir.onm.en#al_lmpact Repo~t ..._
("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 amend the conditions of approval of Resolution No.PC85-84, as amended by Resolution No. 2002R-
221, and adopted in connection with Conditional Use Permit No. 2670, to read as follows:
That through October 14, 2005 (for a period of two years), the hours of operation shall be limited to the
following:
Sunday, Monday, Tuesday and Thursday: 11:00 a.m. to midnight, and
Wednesday, Friday and Saturday: 11:00 a.m. to 1:30 a.m.; and
That effective October 15, 2005, the hours of operation shall be, and shall remain thereafter, as follows:
Daily (seven days a week):
11:00 a.m. to 11:00 p.m.
2. 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.
3. That the on-site landscaping and irrigation system shall be maintained in compliance with City of Anaheim
standards.
4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be kepf
closed at all times during operation of the premises except for ingress/egress, deliveries and
emergencies.
5. That all existing and proposed roof-mounted equipment (including the existing satellite dish) shall be
completely screened from view in all directions by properly maintained design elements of the building.
6. 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.
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7. That food service with full meals shall be available from opening time until closing time on each day of
operation.
8. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at
any time.
9. 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.
10. 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 beer and wine and other items. These records shall be made
available for inspection by any City of Anaheim official during reasonable business hours.
11. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any
time without the proper permits having first been issued, as required by the Anaheim Municipal Code.
12. That the sales of alcoholic beverages for off-premises consumption shall be prohibited.
13. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior
of the building from inside, promoting or indicating the availability of alcoholic beverages.
44. That 4he aetivi~ies oceurring-i~reQ~rjune~ion with the o~eration of this estabfishment shall not cause nQise
disturbance to surrounding properties.
15. 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.
16. 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.
17. That there shall be no public telephones on the premises, which telephones are located outside the
building.
18. That signage shall be limited to the existing and approved signs; and that temporary signs and other
advertising devices shall not be permitted except in connection with a Special Event Permit approved and
issued by the Planning Department.
19. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment,
incfuding umbrellas, by illustration, text or any other means of visual communication.
20. That the property shal! bs permanently mair~taired ;n an orderly fashior~ through the provisior. of rpgular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours
from time of occurrence.
21. That four (4) foot high address numbers shall be displayed on the flat area of the building roof in a
contrasting color to the roof material, provided that the numbers shall not be visible from adjacent streets
or properties.
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22. 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, 2 and 3, as conditioned herein.
23. That trash storage areas shall be maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division, and in compliance with approved plans on file with said Department.
24. That a minimum of four (4) licensed uniformed security guards, approved by the Anaheim Police
Department, shall be provided on the premises specifically to provide security and to discourage
vandalism, trespass and/or loitering upon or adjacent to the subject property. Said security guards shall
remain on-duty as determined to be appropriate by the Police Department.
25. That the landscape planters shall be permanently maintained with live and healthy plants.
26. That approval of this proposal 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.
27. That no admission fee, cover charge, advance pre-payment for meals or similar fees shall be imposed
on patrons as a condition of entry to the premises.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 20, 2003. /
RPERSON, ANAHEIM CITY P
ATTEST: ~~
/~r?'~i1~.o
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
NING COMMISSION
I, Eleanor Morris, 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 October 20, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBlLT
NOES: COMMISSION~RS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANCY: COMMISSIONERS: ONE SEAT
IN WlTNESS ~1VNFREOF, ! have hereunto se# my hand this l~oT~ day of
~ Q C¢ rn• ~Dtf` 2003.
R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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