Resolution-PC 2003-145•
RESOLUTION NO. PC2003-145
•
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04777 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain reat property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE NORTH 253.00 FEET OF THE NORTH ONE-HALF OF THE NORTHEAST
ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 24, IN
TOWNSHfP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES,.
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID
SECTION IS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE
11, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
EXCEPT THE WEST 14 ACRES OF SAID NORTH ONE-HALF;
ALSO EXCEPTING THE EAST 195 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 3, 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 cons.ider 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 the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.010 and 18.44.050.135 to wit: to establish land use
conformiry with existing Zoning Code land use requirements for a legal nonconforming commercial retail
center and to expand an existing legal-nonconforming bar with waiver of the following:
Sections 18.06.050.020.022
18.06.050. 020.023.0231
18.06.05Q.020.023.0233
18.06.050. 020. 02340234
18.06.050. 020.023.0235
and 18.44.066.050
Minimum number of parkinq spaces.
(115 spaces required;
67 spaces proposed, and concurred with by the Traffic and
Transportation Manager)
2. That the waiver, based on the parking study submitted by the applicant and under the
conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use
than the number of such spaces necessary to accommodate all vehicles attributable to such use under
the normal and reasonably foreseeable conditions of operation of the use.
3. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate viciniry of the proposed use.
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Anaheim Municipal Code).
cr\PC2003-145.doc -1- PC2003-145
• ~
5. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the proposed use.
6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
7. That the size and shape of the site for the proposed uses is adequate to allow full
development of said uses in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
8. That the traffic generated by the proposed uses will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
9. That the proposed uses, as conditioned herein, will not adversely affect the adjoining land
uses and the growih and development of the area in which they are located.
10. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety, and generaf welfare of the citizens of the City of Anaheim.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Ciry
Planning Commission has reviewed the proposal to establish land use conformity with existing Zoning
Code land use_r_equirements for a legal nonconforming_com .m. ercial retail ceniec a^d io_expand_an exisiing
legal nonconforming bar with waiver of minimum number of parking spaces on a rectangularly-shaped
0.94-acre property having a frontage of 210 feet on the south side of Ball Road and a maximum depth of
196 feet, being located 210 feet west of the centerline of Dale Avenue, and further described as 2820-
2822 West Ball Road (Lemon Twist); and does hereby approve the Negative Declaration upon finding
that the declaration reflects the independent judgment of the lead agency and that it has considered the
Negative 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 grant subject Petition for Conditional Use Permit, 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:
Bar
That the hours of operation shall be limited to 11 a.m. to 2 a.m., daily.
2. That the sale of alcoholic beverages for consurnption off the premises shall be prohibited.
3. 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 obtained as required by the Anaheim Municipal
Code.
4. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
5. 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 when in operation.
-2- PC2003-145
• •
6. That all employees shall be clothed in such a way so as to not expose "specified anatomical areas" as
described in Section 7.16.060 (Public Nudity - Prohibited) of the Anaheim Municipal Code.
7. That at all times when entertainment or dancing is permitted, security measures shall be provided to the
satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or
patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to
prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the
premises.
8. 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 as not to unreasonably illuminate the
windows of nearby residences.
9. That there shall be no amusement machines, video game devices, or pool tables maintained upon the
premises without the proper permits having first been obtained as required by the Anaheim Municipal
Code.
10. That the business operator shall comply with Section 24200.5 of the Alcoholic Beverage Control Act 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.
11. That no admission fee, cover charge, or minimum purchase shall be required.
12. That any and all security officers provided shall comply with all State and Local ordinances regulating
their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and
Professions Code.
Commercial Retail Center
13. That the total number of tenant spaces shall be limited to eight (8) units.
14. That roof-mounted balloons or other inflated devices shall not be permitted on the property.
15. That no outdoor vending machines which are visible to the public right-of-way shall be permitted on
the property.
16. That all existing and proposed public telephones shall be located inside the building.
17. That there shall be no outdoor storage permitted on the premises.
18. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or
rrierchandise storage or display.
19. That four (4) foot high street address numbers shall be displayed on the roof of the building in a color
contrasting 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 for Police Department,
Community Services Division, approval.
20. 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. Said information shall be specifically shown on plans submitted to the Zoning
Division and Building Division for review and approval.
-3- PC2003-145
• ~
21. That the property shall be permanently maintained in an orderly fashion by 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 all sign cabinets for wall signs and the freestanding signs shall be fitted with copy panels.
23. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 360 (permitting a hofbrau) and Conditional Use Permit No. 980
(permitting sale of alcoholic beverages for on-premises consumption and expansion of a restaurant).
24. That the properry owner shall install landscape triangles within the row of parking spaces adjacent to
Bal~ Road in order to plant a least ten (10) trees as required by the Zoning Code. Said information
shall be specifically shown on plans submitted to the Zoning Division for review and approval. Any
decision by the Zoning Division may be appealed to the Planning Commission as a'Reports and
Recommendations' item.
25. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
26. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division.
27. T-~iat-~ub}~ct--pKOperty-shaA be deueloped. substanti~lly in-accord~nce witb-plaas 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.
28. That prior to commencement of the activity authorized by this resolution, or 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 Nos. 19, 20, 23, 24 and 25, 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.
29. That prior to commencement of the activity authorized by this resolution or prior to final building and
zoning inspections, whichever occurs first, Condition Nos. 22 and 27, above-mentioned, shall be
complied with.
30. 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly 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.
BE IT FURTHER RESOLVED that unless conditions to the contrary are expressly
imposed upon the granting of the parking waiver by the Planning Commission pursuant to Section
18.06.080 (Variances From Provisions of Chapter), the granting of this waiver shall be deemed contingent
upon operation of the approved uses in conformance with the assumptions relating to the operation and
intensity of the uses as contained in the parking demand study that formed the basis for approval of the
waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as
contained in the parking demand study shall be deemed a violation of the express conditions imposed
-4- PC2003-145
. ~
upon this waiver which shall subject the waiver to termination or modification pursuant to the provisions of
Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 3, 2003. ~
RPERSON, ANAHEIM CITY PLANNING COMMISSION
A
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 November 3, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT _ _ _
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WfTNESS WHEREOF, I have hereunto set my hand this ~J~Jday of
, 2003.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2003-145