Resolution-PC 2007-53• •
RESOLUTION NO. PC2007-53
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING CONqITIONAL USE PERMIT N0: 4174 AND SUPERCEEDWG
ZONING ADMINISTRATOR DECISION NO. 2002-02
(116-124 SOUTH FAIRMONT BOULEVAF2D) '
WHEREAS, on December 30, 1999, the Anaheim Zoning Administrator did, by its Decision Na
2000-02, grant Conditional UsePermit Na 4174 in part, to permit expansion of the existing restaurant with
on-premises sale and consumption of beer and wine into an adjacent unit and to permit an outdoor dining
area; but that the proposed on-premises sale and consumption of beer and wine in the outdoor dining area
was denied; and
WHEREAS, Decision Na 2000-02 includes the following condition:
"22. That prior to commencing any outdoor sale and/or consumption of beer and wine in the
' outdoor dining area, the petitioner shall apply for an obtain approval of another conditional
use permit specifically for the sale and consumption of beer and wine in the outdoor dining
area, which outdoor dining area is detached from the building portion of this restaurant.
The reason for another public hearing is to specifically advise interested persons and
property owners of the proposed sale and consumption of beer and wine out-of-doors in
an outdoor dining area that is not contiguous #o or. attached to the building portion of;this
restaurant. The petitioner shall submit plans in connection with said petition to specifically
identify all details describing the outdoor dining area, including but not necessarily limited
to, the information listed under Condition No. 21, above."
WHEREAS, the property is developed with a commercial retail center and is within the General
Commercial (C-G), Scenic Corridor Overiay (SC) Zone. The General Plan designates this property far
General Commercial land uses; and is situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL A:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 207, PAGES 41 AND 42
OF PARCEL MAPS, IN THE OFFICE QF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN
INGRESS, EGRESS AND ACCESS PURPOSES ON, OVER AND ACROSS
THOSE PORTIONS OF PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK
207, PAGES 41 AND 42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, AS MORE PARTICuLARLY
SET FORTH IN ARTICLE 2, SECTION 3 OF THAT CERTAIN DECLARATION OF
RESTRlCTIONS, RECORDED FEBRUARY 21, 1986 AS INSTRUMENT NO. 86-
071660 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL C:
A NON -EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, VEHICULAR
PARKING AND A RETAINING WALL AND APPURTENANCES OVER THAT
PQRTION OF THE LAND ALLOTTED TO PAULA PERALTA DE DOMINGUEZ
, AS DESCRIBED IN THE FINAL DEGREE OF PARTITION OF THE RANCHO
SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 JN
BOOK «8,~~ PAGE 410 OF
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JUDGMENT OF THE DISTRICT COURT OF THE 17T" JUDICIAL DISTRICT, IN
AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF: PARCEL 1, AS SHOWN
ON A MAP FILED IN BOOK 207, PAGES 41 AND 42 OF PARCEL MAPS, JN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, ,
SAID CORNER BEING IN THE SOUTHEASTERLY LINE OF EASTBOUND
SANTAAND CANYON ROAD, AS SHOWN ON SAID.PARCEL MAP, SAID
SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY
HAVINGA RADIUS OF-2110.00 FEET, A RADIAL LINE TO SAID CORNER
BEARS SOUTH 39°35'13" EAST; THENCE ALONG THE NORTHEASTERLY
LINE OF SAID PARCEL 1 SOUTH 42°39'42" EAST 165.44 FEET AND SOUTH
62°39'42" EAST 56.00 FEET; THENCE SOUTH 42°39'42" EAST 165.44 FEET
AND $OUTH 62°29'42" WEST217.18 FEET T0 A POINT W THE
NORTM~ASTERLY EXTENSION OF SAID SOUTHEASTERLY LINE OF
WESTBOUND SANTA ANA CANYON ROAD, ALSO BEING A POINT IN THE
NORTHEASTERLY EXTENSION OF SAID CURVE,A RADIAL LINE TO SAID
PINT BEARS SOUTM 40°06'13" EAST; THENCE SOUTHWESTERLY LINE
THROUGH A VENTRAL ANGLE OF 0°31'00" AN ARC LENGTH OF 19.02 FEET
TO POINT OF BEGINNING.
PARCEL D:
A NON -EXCLUSIVE EASEMENT FOR LANDSCAPING AND
APPURTENANCES OVER THAT. PORTION OF THE LAND ALLOTTED TO
PAULA PERALTA DE DOMINGUEZ AS DESCRIBED IN THE FINAL DECREE
QF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA. WHICH
EASEMENT ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF
JUDGMENTS OF THE DISTRICT COURT OF THE 17T" JUDICIAL DISTRICT IN
AND FOR LOS ANGELES COUNTY; CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1: AS SHOWN
ON A MAP FILED IN BOOK 207, PAGES 41 AND 42 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
SAID CORNER BEING IN THE SOUTH~ASTERLY LINE OF EASTBOUND
SANTA ANA CANYON ROAD. AS SHOWN ON SAID PARCEL MAP, SAID
SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 2110.00 FEET, A RAQIAL LINE TO SAID CORNER
BEARS SOUTH 39°35'13" EAST; THENCE ALONG THE NORTHEASTERLY
LINE OF SAID PARCEL 1 SOUTH 42°39'42" EAST 165.44 FEET AND SOUTH
62°29'42" EAST 56.00 FEET 70 THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID NORTHEASTERLY LINE NORTH 42°39'42" WEST 217.18 FEET
TO A POINT IN THE NORTHEASTERLY EXTENSION OF SAID
SOUTHEASTERLY LINE OF EASTBOUND SANTA ANA CANYON ROAD, ALSO
BEING A POINT I THE NORTHEASTERLY EXTENSION OF SAID CURVE. A
RADIAL LINE TO SAID POINT BEARS SOUTH 40°06'13" EAST; THENCE
NORTMEASTERLY ALONG SAID NORTHEASTERLY EXTENSION OF SAID
CURVE AND SAID SOUTHEASTERLY LINE THROUGM A CENTRAL ANGLE
OF 0°37'25" AN ARC LENGTH OF 22.97 FEET; THENCE LEAVING SAID
NORTHEASTERLY EXTENSION SOUTH 40°43'38" EAST 28.00 FEET' THENCE
SOUTH 47°20'18" W EST 10.00 FEET; THENCE SOUTH 42°39'42" EAST 215.00
FEET' THENCE SOUTH 47°29'18" WEST 2.38 FEET TO SAID
NORTHEASTERLY LINE OF PARCEL 1; THENCE ALONG SAID
NORTHEASTERLY LINE NORTH 62°29'42" WEST 28.38 FEET TO THE TRUE
POINT OF BEGINNING; and
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' WHEREAS; the applicant has requested an amendment to Conditional Use Permit No. 4174,
as previously-approved by,Decision No.ZA 2000-02, to permit the on-premises sale and consumption of beer
and wine in the outdoor dining area in addition to the "on-premises sale and cons4mption of beer and wine
within an existing restaurant located in a commercial retail center; and :
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on May 30, 2007, at 2:30 p.m., notice of said public hearing having been duly given asrequired
by law and in accordance with the provisions of the Anaheim Municipal Code; Chapter 18.60, to hear and
consider evidence for and against the proposed amendment to Conditional Use Permit Na 4174 and to
investigate and make findings and recommendations in connectiontherewith; 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 request to permit on-premises sale and cansumption of beer and wine in the outdoor
dining area is properly one for which a conditional use permit is authorized by Section 18.08.030.0040.0402
(Alcoholic Beverage Sales - On Sale) of the Zoning Code;
2. That the request to permit on-premises sale and consumption of beer and wine in the outdoor.
dining area will not adversely affect the adjoining land Uses or the growth and development of the area in '
which it isproposed to be located;
3. That the size and shape of the site for the use is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area or to the health and safety;
4. That the traffic generated by the modified use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
5. That the granting of the modifications under the conditions imposed will not be detrimental to
the health and safety of the citizens of the City of Anaheim.
6. 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: That the Anaheim Planning
Commission has reviewed the proposal to permit on-premises sale and consumption of beer and wine in the
outdoor dining area and does hereby find that the Negative Declaration previously-approved in connection
with Conditional Use Permit No. 4174 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 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 City Planning Commission for the
reasons hereinabove stated does hereby approve the request to permit on-premises sale and consumption
of beer and wine in the outdoor dining area in addition to the on-premises sale and consumption of beer and
wine within an existing restaurant located in a commercial retail center.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby grant
the amendment to Conditional Use Permit No. 4174 subject to all of the following conditions:
1. That alcohol service on the patio shall stop one hour prior to store closing to ensure
that observation of the patio area wiU be continuous and not be disrupted with closing
operations of the retail store.
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2. ' That all alcohol consumed on the patio shall be served by employees. Said employees
must be 18 years of age. Customers may'not carry their own alcoholic beverages to the
patio area.
3. That since the patio at this location is detached, it will be monitored under video
surveillance.
4. TMat this restaurant shall be operated as a"bona fide public eating place" as defined by .
Section 23038 of the'California Business and Professions Code. -
5. That there shall be no bar or lounge maintained on the property unless iicensed by Alcohofic
' Beverage Control and approved by the City of Anaheim.
6. That subject alcoholic beverage license shall not be exchanged for a public premises (bar)
type license nor shall the establishment 6e operated as a public premise as defined in Section
23039 of the California Business and Professions Code.
7. That food service with a full meal shall be available from opening time until either 11:00 p.m, or
closing time, whichever occurs first, on each day of operation. '
8. That there shall be no pool tables maintained upon the premises at any time.
9. That the sale of beer and wine shall not exceed forty percent (40%) of the gross sales of all
food and beverage sales during any 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 availa6le, subject to audit and, when requested, to
inspection by any City of Anaheim official during reasonable business hours. '
10. 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.
11. That the sale of beer and wine for consumption off the premises shall be prohibited.
12. That there shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from inside the building, promoting or indicating the availability of alcoholic
beverages.
13. That the activities taking place in conjunction with the operation of this restaurant shall not
cause noise disturbance to surrounding properties.
14. 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.
15. 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.
16. That all doors serving this restaurant shall conform to the requirements of the Uniform Fire
Code, and shall be kept closed and unlocked at all times during hours of operation except for
ingress and egress, to permit deliveries, and in cases of emergency.
17. That there shall be no public telephones on the premises located outside the building.
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18. That the property shall be permanently mainfained 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 discovery.
19. That no outdoor storage shall be permitted.
20. That the hours of operation shall be limited to the following:
Monday: 7 a.m. to 9p.m.
Tuesday through Thursday: 7 a:m. to 10 p.m. -
, Friday: 7 a.m. to 19 p.m.
` Saturday: : 8 a.m. to 11 p.m.
Sunday: 8 a.m. to 9 p.m.
21. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner an.d which plans are on file
with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein.
22. 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 approval of this Resolution amending Conditional Use
Permit No. 4174, subject to the conditions stated above, supersedes Decision No. ZA 200Q-02 in its entirety.,
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
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
May 30, 2007. Said resolution is subject to the appeal provisions set fo in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and e replaced by a City Council
Resolution in the event of an appeal. ,
CHAIRMAN, A AHEIM 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 30,`2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: _ COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE ' -
IN WITNESS WHEREOF, I have hereunto set my hand this ~ Z~' day of
, 2007.
~/~'°"-- /~~°~'~-Q
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION