Resolution-PC 2003-43~ .
RESOLUTION NO. PC2003-43
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC73-103,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1397
WHEREAS, on May 14, 1973, the Anaheim City Planning Commission did, by its Resolution No.
PC73-103, grant Conditional Use Permit No. 1397 to establish on-sale beer and wine in a proposed restaurant
at 2954 West Ball Road; and that said Resolution No. PC73-103 includes only the following two condition of
approval:
1. That subject property be developed substantially in accordance with plans and specifications on
file with the City of Anaheim marked Exhibit Nos. 1 and 2.
2. That the serving of beer and wine shall be only incidental in conjunction with the serving of food
and shall be served only at tables (no bar to be constructed) as stipulated by the petitioner.
WHEREAS, subjecf property is developed with a commercial retail center at the southeast corner
of Ball Road and Beach Boulevard, including subject restaurant at 2954 West Ball Road; that the zoning is CL
(Commercial, Limited) and CH (Commercial, Heavy); that the Land Use Element of the Anaheim General Plan
designates the property for General Commercial uses; and that the property is located within the West Anaheim
Commercial Corridors Redevelopment Project Area; and
WHEREAS, under authority of Sections 18.03.092 and 18.44.050.300 of the Anaheim Municipal
Code, the petitioner has submitted revised exhibits and requested amendment to the approved the conditions of
approval fo allow pubfic enter~~inment in conjunction with a-restaurant at whieh the sale of beer and wine for on.-
premises consumption was previously approved; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on March 10, 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 and as described in paragraph (10) of the Staff Report
to the Planning Commission dated March 10, 2003 (Item No. 6), is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the use, as amended and conditioned herein, 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 amended and conditioned herein, 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 and conditioned herein, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That amending 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; and that, as discussed in
paragraphs (11) and (12) of the Staff Report, the Anaheim Police Department does not oppose the request
Tracking No. CUP2003-04664
cr\PC2003-043.doc -1- PC2003-43
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based on a moderate crime rate (80 percent above the City average) for the Reporting District in which the
subject property is located and with the imposition of the recommended conditions of approval.
6. That the use permit, as originally granted, has not been exercised contrary to the terms or
conditions of the original approval, or in violation of any statute, ordinance, law or regulation.
7. That the use permit, as originally granted, has not been exercised so as to be detrimental to the
public health or safety, or so as to constitute a nuisance.
8. That the proposed amendment of the use, including the imposition of additional conditions of
approval, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to
permit reasonable operation under the conditional use permit as granted.
9. That one person, representing the West Anaheim Neighborhood Development Council ("WAND")
spoke at the public hearing with concerns regarding the request.
10. That no one indicated their presence at the public hearing in opposition to the proposal; and that
no correspondence in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
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 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 amend Reso(ution Nc~. PC73-103, adopted in connectiorr wi~h Conditional Use Permit No. 4397~ to allow
public entertainment in conjunction with a restaurant at which the sale of beer and wine for on-premises
consumption was previously approved; and that the conditions of approval be amended in their entirety to read
as follows:
That the landscaping planters shall be permanently maintained with live and healthy plants.
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 standards.
4. 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 and egress, deliveries, and
emergencies.
5. That all existing and proposed roof-mounted equipment shall be completely screened from view in all
directions by properly maintained design elements of the building. Said information shall be specifically
shown on plans submitted to the Zoning Division for review and approval.
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.
7. That food service with full meals shall be available from opening time until closing time, on each day of
operation.
That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at any
time.
9. That subject A.B.C. license (sale of beer and wine for on-premises consumption) shall not be exchanged for a
`public premises' (bar) type license nor shall the establishment be operated as a`public premises' as defined
iby Section 23039 of the California Business and Professions Code.
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10. That the gross sale of alcoholic beverages (beer and wine) shail not exceed forty percent (40%) of 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 issuance of the proper permits as required by the Anaheim Municipal Code.
12. That the sales of beer and wine 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
from within, promoting or indicating the availability of beer and wine.
14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
15. That the parking lot serving the premises shall be equipped with decorative 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 residential uses. Said information shall be specifically shown on plans submitted for
Police Department, Community Services Division, approval.
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 located outside the building.
18. That signage shall be limited to existing and approved signs; and that temporary signs and other advertising
devices shall not be permitted except when approved in connection with a Special Event Permit.
19. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas by illustration, text or any other means of visual communication.
20. 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.
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 to the the street or adjacent
properties. Said information shall be specifically shown on plans submitted for Police Department, Community
Services Division, review and approval.
22. 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. Said information shall be specifically shown on the plans submitted for
Planning Department and Public Works Department, Streets and Sanitation Division, review and approval.
23. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division, for review and approval.
24. That the daily hours of operation shall be limited to 11 a.m. to midnight.
25. That the use of all pyrotechnical material, special effects and/or fireworks shall be permitted and approved by
the Anaheim Fire Department prior to their use.
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26. 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(floor plan and elevation) and Exhibit No. 2(site plan), and as conditioned
herein.
27. That prior to commencement of the activity authorized by this resolutior~ (`public entertainment' at an existing
restaurant at which the sale of beer and wine for on-premises consumption was previously approved) or within
a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 15, 17, 21,
22, 23 and 26, 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.
28. 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.
29. That within ninety (90) days after commencing operation of public entertainment at this restaurant with the
sale of beer and wine for on-premises consumption, the Code Enforcement Division will conduct noise
measurements at the facility while the entertainment is being provided to determine if the noise created by
said entertainment is creating disturbance to the adjacent residential mobile home park to the south.
Zoning Division staff will report back to the Planning Commission regarding the findings of the noise
measurement as an agendized `Reports and Recommendations' item.
30. That there shall be no cover charge at this establishment.
10, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 March 10, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this 3r d~ day of -r , L
2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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