Resolution-PC 2005-150~' ~
RESOLU~'IbN NO: PC2005"=150 '
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONALUSE PERMIT N0. 2090, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2004-109,
ADOPTED THEREWITH
WHEREAS, on September 20, 2004, the Anaheim Planning Commission, by Resolution
No. PC2004=109 approved Conditional Use Permit No- 2090 to retain public entertainment in conjunction with a
previously approved restaurant with sales of alcoholic beverages for on-premises consumption at 1160 Nor~h
Kraemer Boulevard (Xalos Restaurant); and
WHEREAS, said Resolution No. PC2004=109 includes the following condition of approvaL•
"1. That the accessory public entertainment shall expire on August 27, 2005."
WHEREAS, this property is currently developed with a restauranf'with public entertainment , the
underlying zoning is SP94-1 (DA 3) (Northeast Area Specific Plan,'La Palma Core Area); theAnaheim General
Plan designates this property for Industrial land uses, and this property is located within the Merged Anaheim
Redevelopment Area; and
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 COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLYLINE OF LOT 15,
WHICH lS DlSTANT NORTMERLY 242.10 FEET FROM THE NORTHWESTERLY CORNER OF
THE SOUTHERLY HALF OF THE SOUTHERLY HALF OF SAID LOT 15; THENCE EASTERLY
ALONG LINE PARALLEL WITH AND DISTANT NORTHERLY 242.10 FEET MEASURED AT
RIGHT 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 FEET; SOUTHERLY HALF
OF THE SOUTHERLY HALF, A DISTANCE OF 269.00 FEET TO THE WESTERLY LINE OF
SAID'LOT 15; THENCE SOUTHERLY ALONG SAID WESTERLY LINE A DISTANCE OF
175.00 FEET TO THE POINT OF BEGINNING
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain
public entertainment in conjunction with a previously-approved restaurant with sales of alcoholic beverages for
on-premises consumption pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
WHER~AS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on October 3, 2005, at 2:30 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 18:60 "Procedures", to hear
and consider evidence for and against said proposed amendment and to investigate and make findings and
recommendations in connection therewith; and that said public hearing was continued to the Octobe~ 31, 2005
Planning Commission meeting; 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 the
Zoning Code.
Cr1PC2005-150 -1- PC2005-150
Tracking No. CUP2005-05027
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2. That the proposal, as amended, will not adve~sely affect the adjoining land uses and the growth
and development of the area in which it is located since the business is in compliance with all of the conditions
of approval and is being well maintained.
3. That the size and shape of the site 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 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 since no serious crimes have occurred at this location .
over'the past year,
6. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved 6y the Planning Commission.
7. That this conditional use permit is being`exercised in a manner not detrimental to the particufar
: ' area'and surrounding land uses, nor to the public health and safety. :
8. That a person at the October 3, 2005, Planning Commission meeting' 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 Planning
' Commission has reviewed the proposal to retain public entertainment in conjunction with apreviously approved
restaurant with sales of alcoholic beverages for on-premises consumption; 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
declaration reflects the independent judgment of the lead agency and that it has considered the previously
~ approved Negative Dectaration 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 Planning Commission does hereby
approve reinstatement of Conditional Use Permit No. 2090 to allow public entertainment in conjunction with a
previously-approved restaurant with sales of alcoholic beverages for on-premises consumption by incorporating
the conditions of approval contained in Resolution Na PC2004-109 into a new resolution to read as follows:
1. That the accessory public entertainment shall expire on August 27, 2008.
2. That the outdoor patio area may be used by patrons for seating and smoking purposes only. Thatno other '
outdoor activities, including but not limited to dining, drinking, entertainment, dancing, etc., shall be
permitted in the patio area.
3. That the number of persons attending any event at this property shall not exceed the maximum occupancy
load 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 sales of any type of alcoholic beverages for consumption off the premises shall be prohibited.
6. That there shall 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.
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7. That the activities occurring in conjunction with the oper'ation 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 bekept closed and unlocked at a11 times during hours of operation except for ingress/egress,
deliveries and in cases of emergency.
9. That at all times when entertainment or dancing is permitted, uniformed security guards shall be provided
'to #he satisfaction of the Anaheim Police Department to deter unlawful conduct on #he part of employees or
patrons, and promote the safe and orderty 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 aU persons on or about the parking lot.
11. That there shall be no pool tables, amusement devices or games maintained within subject establishment
without issuance of proper permits as required by the Anaheim Municipal Code.
12. 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, direc#ly or indirectly, to buy them drinks
in theJicensed 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 esfablishment shall be operated as a"Bona fide Public Eating Place" as defined by Section
23038 of the California Business and Professions Code.
' 15. That there shall be no bar 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.
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17. 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.
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 Community Preservation Division
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 buifding. 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 patio.
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.
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23. That the proposal shall compty 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 far 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 reminde~ 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 orproperties.
27. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
28. That all'existing mature landscaping shall be maintained and immediately replaced in the event that it '
becomes diseased or dies.
29. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department,
Streets and Sanitation Division, and in accordance with approved planson file with said Department. Said
storage area(s) shaU 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 beprotected 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 subjecf 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.
31. 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.
' 32. That no happy hour-type or reduced price promotion sha11 be permitted at any time.
33. That one security officer shall be posted in the patio area at all times.
34. 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
35. That a security officer shall monitor the parking lots on adjacent properties on Friday and Saturday nights
from 9 p.m. to 2 a.m. to ensure that patrons are notparking off-site.
36. That the business owner shall provide signage and driveway blockades in compliance with City Code to
ensure that patrons do not park on any neighboring properties.
BE IT RESOLVED that the Anaheim 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.
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BE' IT FURTHER RESOLVED that the appiicant i5 responsible for paying all charges related to
the processing of#his discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 31, 2005. 'Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
theAnaheim Municipal.Code pertaining to appeal procedures and ma be placed by a City Council Resolution
in the event of an appeaL
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- IRMA , ANAHEIM PLANNING COMMISSION
ATTEST:
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' SENIOR'SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA ) ~
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby ce~tify that
the foregoing resolution was passed and adopted at a meeting of the AnaheimPlanning Commission held on
October 31, 2005, by'#he following vote of the members thereof: -
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO
NOES: COMMISSIONERS: NONE :
ABSENT: COMMISSIONERS: VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this / S T-~ day of /~d I/2 m,~ e,/'
2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
, -5- _ , PC2005-150