Resolution-PC 2006-45i i~
RESOLUTION NO. PC2006-45
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05060 BE APPROVED `
(3242 WESTLINCOLN AVENUE) :
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as
LOT 1 OF TRACT NO. 3886; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 151, PAGES
8, 9 AND 10 OF MISCELLANEOUS MAPS, RECORDS OR ORANGE' COUNTY,`
CALIFORNIA.
EXCEPT THEREFROM THE WESTERLY 130.00 FEET ON THE NORTHERLY 120.00 '
FEET, SAID 130 FEET AND 120.00 FEET BEING MEASURED FROM THE TANGENT '
PORTIONS OF THE WESTERLY AND NORTHERLY LINES, RESPECTfVELY, OF °
SAID LOT 1.'
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May.31, 2006, 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 conditional use permit and to '
investigate and make findings and recommendations in connection therewith; and that said hearing was
continued from the February 6, March 20, April 17, May1, and May 15, 2006, Planning Commission :
meetings; 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 Section No. 18.08.030.040 for the division of a commercial unit into two (2) units
and to permit the on-premises sale and consumption of beer and wine in a proposed restaurant, and to
establish conformity for an existing commercial retail center with the following waiver:
(a) SECTION NO. 18.42.040.010 Minimum number of qarkinq spaces
114 required; 102 existing and
recommended by staffl
2. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributable to the proposal under the normal and reasonably foreseeable operation of such use
since 75% of the existing tenants in the commercial center are closed after 7 P.M. while the proposed
restaurant and existing billiard halPs peak hours of operation are expected to be in the evening hours
between 7 P.M. through 10 P.M.
3. That the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon the public streets in the immediate vicinity of the proposal since 50% of the existing
. parking lot remains underutilized after 7 P.M.
4. That the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon adjacent private property in the immediate vicinity of the proposat since the
anticipated parking demand can 6e accommodated by the parking provided on the property.
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5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-streef parking. areas or lots provided for the proposal since the exisfing parking lof has adequate access
and parking and it is anticipated that all of the traffic for the uses in this center would be contained on-site.
6. That the waiver; under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposal since the existing
parking lot provides ingress and egress along Lincoln Avenue and Westchester Drive.
7. That the proposed beer and wine sales for on-premises consumption within a bona fide
restaurant would not be detrimental to adjoining land uses as conditioned because the operation would be
properly monitored and controlled.
8.: That the additional unit within the existing commercial center will not adversely affect the
adjoining land uses and the growth and development of the area in which they are located.
9. ' That the size and shape of the site for the combined uses within the'commercial retail center
is adequate to allow full development in a manner not detrimental to the particular area nor to the health and
safety of the citizens of the City of Anaheim.
10. That the modified billiard facility is a legal'non-conforming facility that is not being intensified
and can therefore remain as proposed in exhibits filed with this request.
11. That a person spoke with concerns and questions aboutthe subject request; and'that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUAL{TY ACT RNDING: That the Anaheim Planning
Commission has reviewed the proposal to permit the division of a commercial unit into two (2) units and to
permit the on-premises sale and consumption of beer and wine in a proposed restaurant and to;establish "
land use conformity for an existing commercial retail center; and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it
has considered the 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, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the request to permit the division of a commercial unit into two (2) units and to permit the on-
premises sale and consumption of beer and wine in a proposed restaurant and to establish land use
conformity for an existing commercial retail center, upon the following conditions which are hereby found to
be a necessary .prerequisite to the use as approved, of the subject property in order to preserve the health
and safetyof the City of the City of Anaheim:
Restaurant with beer and wine sales:
1. No admission fee, cover charge, advance prepayment for meals, or similarfee shall be imposed
upon patrons as a condition of entry to the premises.
2. 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.
3. 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.
4. 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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5. That there shalf be no live entertainment, amplified music or dancing permitted on the premises at
Y p`; q. eim Municipal Code
an time without issuance of proper ermits as re uired by the Anah
6. That there shall'be no video, electronic, or other amusemenfdevices or games maintained within
subject establishment without issuance of proper permits as required by#he Anaheim Municipal
Code.
7. That there shafl be no pool tables in conjunction'with the full-service restaurant maintained upon the
premises at any time.
8. That subject alcoholicbeverage license shall not be exchanged for public premises (bar)#ype license
nor shall the establishment be operated as a public premise as defined in Section 23039 of the '
California Business and Professions Code.
9. That the sales of beer and wine shall not exceed 40%0 of the gross sales of all retail sales during a
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; subject to audit and, when xequested inspection by any City of Anaheim official during
' reasonable business hours.
10. That the sales'of beer and wine far consumption off the premises shall be prohibited.
11. 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 alcohol beverages. _
12. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties. '
13. 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.
14. That the portion of this permit regarding the sales of alcohol shall expire one year from the date of
approval unless a valid license has been issued by the California Department of Alcoholic Beverage
Control.
15. That window signs shall be prohibited and existing tinting shall be removed from the windows to
allow natural surveillance into the restaurant.
Commercial Retail Center:
16. 7hat the number of tenant spaces sha11 be limited to 14 as indicated on #he site plan exhibit
submitted by the applicant.
17. That there shall be no more than six (6) pool tables maintained within the existing non-conforming
billiard facility proper permits as required by the Anaheim Municipal Code shall be maintained for
said pool tables. Said information shall be specifically shown on plans submitted for building
permits.
18. That a plan shall be submitted to the Planning Services Division showing the refurbishment of on-site
parking lot landscaping with the addition of trees and shrubs. Once approved, said plan shall be and'
maintained in compliance with City standards.
19. 7hat the landscape planters shall be permanently maintained with live and Healthy plant materials.
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20. That any tree planted on-site shall be replaced in a timely manner in the eVent that it is removed, '
damaged, diseased andior dead.
21. That within sixty (60) days from the date of this resolution, all window signs on the property'stiall not
exceed ten percent (10%) of the window area in compliance with code.
22. That there shall be no public telephones on the premises located outside the building.
23. That no outdoor vending machines that are visible to the public right-of-way shall be permitted on the
property. :
24. That there shall be no outdoor storage permitted on the premises.
25. That trash bins or barrels shall be stored outside of public view.
26. Thafall trash generated from the facility shall be properly contained in trash bins contained within -
' approved trash enclosures.
27: That aplan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
: Public Works Department, Streets and Sanitation Division for review and approvaL
28. That all debris in the parking areas and around the building shall be removed immediately and the
property sha11 be maintained free of litter at all times. '
29. That a plan shall be submitted to the Planning Services Division for review and approval for the re-
paving and re-striping of the parking area. Said information shall be specified on plans submitted for
building permits.
30. 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 window areas of adjacent properties, and that said lighting information
shall be specified on plans submitted for building permits.
31. That the owner of subject property shall be responsible for the removat of any on-site graffiti within
finrenty-four (24) hours of its application.
32. That the activities occurring in conjunction with the operation of this establishment shalt not cause -
noise disturbance to surrounding properties.
33. That all doors serving subject establishment shall comply with the requirements of the Uniform Fire
Code and shall be kept closed and unfocked at all times during hours of operation except for
ingress/egress, deliveries, and in cases of emergency.
34. 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 No. 4.16.070 Anaheim Municipal Code).
35. That a burglary/robbery alarm permit application, Form APD 516, be completed and returned to the
Anaheim Police Departmenf prior to initial alarm activation. This form is available at the Police :
Department front counter.
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36. That a File Emergency Listing Card, Form APD-281; be completed and returned to the Anaheim `
Police Department. This form is available at the Police Department. :
37. That rear entrance doors shall be numbered with the same address number and shall be illuminated
during hours of darkness. Said information sha11 be specifically shown on plans submitted for
building permits.
38. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color
to the rooftop material and shall not be visible from' ground level. Said information shall be
specifically shown on plans for building permits.
39. That afl exterior doors and the rear of the unit abutting the alley sha11 have their own light`source,
' which shall adequately illuminate door areas at all hours to make clearly visible the presence of any
person on or about the premises and provide adequate illumination for persons exiting the building.
Said information shall be specifically shown on plans submitted for building permits.
40. That rear entrance doors shall remain closed and monitored during business hours to reduce the
potential of noise disturbance to surroundingproperties.
41. That the wall sign on the north elevation shall be removed and any new sign shall comply with the'
requirements of the Sign Code with a maximum letter height of24-inches and an area not to exceed
10% of the total elevation area. Any decision made by staff may be appealed to the Planning
Commission as a"Reports and Recommendations" item.
42. That the property owner shall submit a letter requesting termination of Conditional Use Permit Na
4050 (to permit and retain an existing commercial center, 2,200 square foot convenience market,
and to permit the sale of beer and wine for on-premises consumption within an existing 5,005 square
foot billiard hall) and Condition Use Permit No. 2138 (to permit a public dance hall (without food -
service) with a waiver of minimum number of parking spaces) to the Planning Services.
43. 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 No. 1 and as conditioned herein.
44. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 18, 27, 29, 30, 37, 38, 39, 41 and 42, above-
mentioned, shall be complied with.
45. That prior to final building and zoning inspections, Condition Nos. 35, 36, and 43, above-mentioned,
shall be complied with.
46. 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. Approvat does not include any action or findings as to compliance or approval
of this request regarding any other applicable ordinance, regulation, or requirement.
BE IT FURTHER RESOLVED that the Anaheim 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
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: 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 requir`ed permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 31; 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to ap eal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
"rm ~ ::a! -y~..
~ t CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
r
i~(/~`riYyicD.-ti-
SENIOR SECRE7ARY, 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 certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 31, 2006, by the following vote of the members thereof: '
AYES: 'COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI; ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~lr ~~ day of
~ , 2006.
i
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION