Resolution-PC 2003-50~
RESOLUTION NO. PC2003-50
•
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04667 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:
THAT EAST HALF OF THE ORTH 5.00 ACRES OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THAT NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA.
EXCEPTING THEREFROM, THAT PORTION LYING EASTERLY OF THE WESTERLY
LINE OF PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA FILED AUGUST 27,
1951 AS DOCUMENT NO. 23960, CERTIFICATE OF TITLE NO. 14610, ON FILE IN
THE OFFICE OF THE REGISTRAR OF LAND TITLES OF SAID COUNTY AND THE
NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM, THE LAND DESCRIBED AS PARCELS 1 AND 3
OF SAID DEED TO THE STATE OF CALIFORNIA.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBEDS AS PARCELS
100008-1 AND PARCEL 100008-3 IN DEED TO THE STATE OF CALIFORNIA
RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO. 19970531752 OF
OFFICIAL RECORDS OF SAID (~RANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 24, 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 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 18.44.050.025 to wit: to permit and retain the retail
sale of beer and wine for on-premises consumption and an amusement arcade with up to sixteen (16)
amusement devices within an existing restaurant.
2. 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 the full
development of the proposed use 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; and
cr\PC2003-050.doc -1- PC2003-50
. •
6. That the granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That the continued sales of beer and wine for on-premises consumption in conjunction
with a restaurant and amusement arcade is permitted in the CL Zone subject to the approval of a
conditional use permit.
8. That although the crime rate is elevated within this reporting district, it is not directly
attributed to this property as evidenced by the calls for police service.
9. That the granting of this conditional use permit, under the conditions imposed, would not
be a detriment to the peace, health, safety and general welfare of the citizens of Anaheim.
10. That this property is mainly surrounded by commercial uses and the continued use of the
amusement arcade when operated as an accessory use to a restaurant, and as conditioned herein, would
not adversely affect the adjoining land uses, nor hinder the growth and development of the area.
11. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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, 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 the maximum number of amusement devices allowed shall be limited to sixteen (16); and that
the amusement devices are permitted only as accessory to, and in conjunction with, the primary
restaurant use.
2. That the hours of operation shall be limited to the following, as stipulated by the petitioner:
Sunday through Thursday: 11 a.m. to 10 p.m.
Friday and Saturday: 11 a.m. to midnight
3. That the sale of beer and wine for consumption off the premises shall be prohibited.
4. 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; and that a menu shall be provided
containing an assortment of foods normafly offered in such a restaurant.
5. That there shall be no bar or lounge area upon the licensed premises maintained for the purpose of
sale, service, or consumption of alcoholic beverages directly to patrons for consumption.
That there shall be no pool tables or amusement devices maintained upon the premises at any time
unless the proper permits have been obtained from the City of Anaheim.
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 alcoholic beverages and other items. These
records shall be made available for inspection by any City of Anaheim official when requested.
8. Thaf there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time unless the proper permits have been obtained from the City of Anaheim.
-2- PC2003-50
•
~
9. 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 alcoholic beverages.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
11. That subject beer and wine 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.
12. That there shall be no admission fee or cover charge required.
13. 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. Said information shall be specifically
shown on plans submitted for Police Department, Community Services Division, approval.
14. That the business operator shall comply with Section 24200.5 of the California Business and
Profession 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.
15. 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
~~tering ar leavirrg the prerrrises. Said entertainment shall not be .permitted unless the appropriate _
permits have been obtained from the City of Anaheim.
16. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed at all times during operation of the premises except for ingress/egress, to
permit deliveries and in cases of emergency.
17. That there shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
18. 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 Profession Code. (Section 4.16.070 Anaheim Municipal Code)
19. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
20. That any Karaoke activity shall be limited to the area specified on the approved floor plan labeled
Exhibit No. 2.
21. 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, approval.
22. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610, and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division.
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.
-3- PC2003-50
~
~
24. 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.
25. That within sixty (60) days from the date of this resolution or prior to commencement of the activity
authorized by this resolution, whichever occurs first, Condition Nos. 13, 17, 21, 22, 23 and 24,
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.
26. 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 applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 24, 2003.
CH-A ~RSON, ANAkiE.IM 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 24, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~_~ day of
~f'~- , 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2003-50