Resolution-PC 2005-77! ~
RESOLUTION NO. PC2005-77
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2005-04974 BE GRANTED
(420-504 SOUTH BROOKHURST STREET) :
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit#or certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THE SOUTH 125 FEET OF THE NORTH 205 FEET OF LOT 5 IN BLOCK B OF 7RACT NO.
13,-IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY:
LOT 4 IN BLOCK B OF TRACT 13, AS SHOWN ON A MAP RECORDED IN BOOK 9 PAGE
12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGECOUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 2, 2005, at 2:00 p.m., notice of said 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 conditional use permit; 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 restaurant/banquet facility with on-premises sale and consumption of
alcoholic beverages is proper{y one for which a conditional use permit is authorized by Anaheim Municipal
Code Section No. 18.08.030.040.0403
2. . That the use operating as a banquet and restaurant facility would 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 is adequate to allow ful! 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 existing banquet facility and proposed restaurant would not
impose an undue burden upon the streets and highways designed and improved to carry the traffic in the
area. :
5. That granting of 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.
6. That this new conditional use permit will be exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission for the
banquet facility and also includes new conditions.
7. That no one indicated their presence at said public hearing in opposition; and that **"
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Thatthe Anaheim Planning
Commission has reviewed the proposal to permit the on-premises sale and consumption of alcoholic _
beverages in a restaurant/banquet facility and has determined that the project is within the definition of
Categorical Exemptions, Class 1, Section 15301, (Existing Facilities), as defined in the CEQA Guidelines `
and is, therefore, exempt from the requirement to prepare additional environmental documentation.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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. Thatthe on-premises sales and consumption of alcoholic beverages portion of this conditional use
permit shall expire on May 2, 2007.
2. That no admission fee or any other type of public entrance fee shall be permitted for this facility.
' 3. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
4. That there shall be no pool tables or coin-operated amusement devices maintained upon the premises
at any time.
5. That the hours of operation shall be limited to: Sunday through Friday 9 a.m. to 90 p.m.
- Saturday 9 a.m. to 11 p.m.
6. That a managershall be on-site at all times while the banquet facility is in operation.
7. That at all times when the#acility is being utilized as a banquet facility, uniformed security shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of
patrons, and to promote the safe and orderly assembly and movemenf of persons and vehicles, and to
prevent disturbance to the neighborhood by excessive noise generated by patrons entering or leaving
the premises.
8. 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 the operation of the premises except for ingress/egress,
permit deliveries and in cases of emergency. That the door located on the east wall of thebuilding ,
shall be kept closed and inaccessible from the exterior of the building to prevent noise impacts to the
adjacent residential properties, except in cases of emergency
9. That at all times when the premises is open for business, the premises shall be maintained as a bona
fide restaurant as defined in the Anaheim Municipal Code as an establishment that is engaged
primarily in the business of preparing and serving meals for immediate consumption. The term
"primarily' shall mean that food and nonalcoholic beverages sales comprise a minimum of sixty
percent (60%) of the gross income from the establishmenYs business operation. Service of alcoholic
beverages is, and shall at all times be, accessory to the primary restaurant use.
10. That there shall be no bar or lounge area upon the licensed premise maintained for the purposes of
sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
11. That the gross sales of alcoholic beverages shall not exceed 40 percent 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.
12. That the sale of alcoholic beverages for consumption off the premise 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 alcoholic beverages.
14. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license :
nor shall the establishment be operated as a public premise as defined in Section 23039 of the
Business and Professions Code.
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15. 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 aA 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.
16. That the business operator shall comply with Section 24200.5 of the 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. :
17. That there shall be no public telephones on the property that are located outside of 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.
19. That any tree planted on-site shall be replaced in a timely manner in the event'that it is removed,
damaged or diseased, and/or dies. _
20. 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 plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable to adjacent streets or highways. The walls of the storage areas:shall be protected from
graffiti opportunities by the use ofplant materials such as minimum one (1) gallon sized clinging vines
planted on maximum three (3) foot centers, or tall shrubbery.
21. That the existing parking lot shall be maintained in good condition free of trash and debris.
22. 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.
23. That valet service shall be provided to patrons of the banquet facility to minimize impacts to the
adjacent residents. The valet service shall utilize the parking spaces along the east property line as the
"last load" area.
24. That this facility shall operate as a bona fide restaurant and banquet hall and shall not operate as a
nightclub, bar or cocktail lounge.
25. That this use shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels". :
26. 7hat no outdoor uses and/or assembly shall occur on subject property.
27. That the owner of the subject property shall submit a letter requesting termination of Conditional Use
Permit No. 2000-04277 (to permit a banquet hall with service but no sales of alcoholic beverages for
on-premises consumption) to the Planning Department.
28. That all existing roof-mounted equipment shall be completely screened from view and all associated
roof screening shall be refurbished/repainted to ensure adequate screening of all existing roof mounted
equipment.
29. That all existing landscaped areas shall be refurbished and landscaping installed in a manner
consistent with the provisions of the Code.
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30. 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. '
31. That within ninety (90) days from the date of this resolution, Condition Nos. 27, 29 and 30 above
mentioned shall be complied with.` Extensions for further time to complete said conditions shall be
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
32. 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
requestregarding any other applicable ordinance, regulation or requirement.
BE 1T FURTHER 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, #hen this Resolution,
and any approvals herein contained, shall be deemed null and void.
AND BE 17 FURTHER RESOLVED that the property owner/developer is responsible for ,
paying all charges related to the processing of this discretionary case application within 7 days:of the
issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this
project, whichever occurs first. Fai{ure 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
May 2,2005: Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures e rep ce a City Council
Resolution in the event of an appeaL . --
CHAI , ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 2, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS; NONE '
VACANT: COMMISSIONERS: ONE VACANCY
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IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~ , 2005
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION