Resolution-PC 2004-109~ ~
RESOLUTION NO. PC2004-109
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0. 2090, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2003-129,
ADOPTED THEREWITH
(1160 NORTH KRAEMER BOULEVARD)
WHEREAS, on June 2, 1980, the Anaheim City Planning Commission did, by its Resolution
No. PC80-92, approve Conditional Use Permit No. 2090 topermif a public dancing facility in conjunction
with a restaurant at 1160 North Kraemer Boulevard in the ML (Limited lndustrial) Zone; that Condition Na
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 Na 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 fhe 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, PC2002-114 and PC2003-129) to reinstate the
accessory public entertainment 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 (PC2003-
129) includes the following conditions of approval:
"1. That the accessory public entertainment shall expire on August 27, 2004.
31. That subject property shall be developed 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 No 1, and as conditioned
herein:'
WHEREAS, the property is developed with a restauranUpublic dance hall (Xalos
Restaurant); that the underlying zoning is Development Area 3(La Palma Core Area) of the Northeast
Area Specific Plan (SP94-1); that the Anaheim General Plan designates the property for Industrial land
uses; and that the property is located in the Alpha Northeast Redevelopment Project constituent sub-area
of the Anaheim Redevelopment Area; and is situated in the City of Anaheim, County of Orange, State of
California, described as:
PORTION OF LOT 15, BLOCK K, KRAEMER TRACT, CITY OF FULLERTON, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK
12 PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUtVTY,
CAUFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE
WESTERLY LINE OF LOT 15, WHICH IS DISTANT NORTHERLY 242.10 FEET FROM
ThE NORTHWESTERLY CORNER OF THE SOUTHERLY HAIF OF THE SOUTHERLY
HALF OF SAID LOT 15; THENCE EASTERLY ALONG LINE PARALLEL WITH AND
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DISTANT NORTHERLY 242.10 FEET MEASURED AT RIGNT ANGLES FROM THE
NORTHERLY LINE OF SAID SOUTHERLY HALF OF THE SOUTHERLY HALF, A
DISTANCE OF 269:00 FEET; THENCE NORTHERLY AND PARALLEL WITH
WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 175.00 FEE7; SOUTHERLY HALF
OF THE SOUTHERLY HALF, A DISTANCE OF 269.00 FEET TO 7HE WESTERLY LINE
OF SAID LOT 15; THENCE SOUTHERLY ALONG SAID WESTERLY LINE A DISTANCE
OF 175.00'FEET TO THE POINT-0F BEGINNING.
WHEREAS, under authority of Code Sections 98.60.180 and 18.60:190, 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)
or deletion Condition No. 1(which specifies that the accessory public entertainment shall expire on
August 27, 2004) to eliminate any time limitation; and that the petitioner has also requested modification
to Condition Na 31 to amend the previously approved exhibits; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 20, 2004, at 1:30 p.m., notice of said public hearing having been duly
given as required by faw and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60, 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 health and safety of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and in
substantial 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 health and safety; that the accessory public
entertainment is primarily conducted in the evenings when most of the surrounding industrial businesses
are closed; and that recent inspections by Code Enforcement Division staff indicate that the property is
currently demonstrating compliance with all the conditions of approval except for the requested
modifications to the floor plan. ~
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 alcoholicbeverages for on-premises consumption, and to amend
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or delete certain conditions adopted therewith 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 deciaration
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 comments received that there is no'substantial evidence
that the project will have a significant effect on the environment.
NOW, 7HEREFORE, 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 to amend the previously approved exhibits; and
BE IT FURTHER RESOVED that the conditions of approval in Resolution No. PC2003-129,
adopted in connection with Conditional Use Permit No. 2090 as previously amended, are hereby
amended in their entirety to read as follows
1. That the accessory public entertainment shall expire on August 27, 2005.
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. The unpermitted modifications to the patio wall shallbe
removed and the wall returned to iYs original condition.
3. That the number of persons attending any event at this property shall not exceed the maximum
occupancy laad as determined by the Anaheim Fire Department. Signs indicating the maximum
occupancy shall be prominently displayed within the premises.
4. That the property owner shall provide any new business operator/owner with the conditions of
approval contained in this resolution.
5. That the safes of any type of alcoholic beverages for consumption off the premises shall be
prohibited.
6. 7hat there shafl 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. 7hat 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 sufficient 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 gamesmaintained within subject
establishment without issuance of proper permits as required by the Anaheim Municipal Code.
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12. That the business operator shall comply with Section 24200.5 of the Business and Professions Code
so as not to empioy 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.
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#here shall be nobar 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 sha11 the estabfishment 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. 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.
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 patia
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 proposal 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 all existing mature {andscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
29. 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.
30. That within sixty (60) days plans shall be submitted to the Building Division and permits obtained for
the unpermitted modification'to the interior of the restaurant:
31. 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:
32. That Condition Nos. 2 and 31, above-mentioned, shaH be completed within a period of sixty (60)
days from the date of this resolution.
33. 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.
34. That no happy hour-type or reduced price promotion shall be permitted at any time.
35. That one security officer shall be posted in the patio area at all times.
36. That the petitioner shall not share any profits or pay any percentage or commission to a promoter or
any other person based upon the monies collected as a door charge, cover charge or any other
charge, including the sale of drinks.
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
September 20, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may
be replaced by a City Council Resolution in the evef+t o~h appeaL~~
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
A
SENIOR`SEL~ETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
l, 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 20, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
VELASQUEZ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this ~,~~~ay of
, 2004.
SENIOR S ETARY, ANAHEIM CITY PLANNING COMMISSION
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