Resolution-PC 2007-57~ ~
- RESOLUTION NO. PC2007-57
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL
IN CONDITIONAL USE PERMITNO: 2003-04667 AND AMENDING
RESOLUTION NO. PC2003-50
(TRACKING NO. CUP2007-05206)
(3010 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a ver+fied Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as
THAT EAST HALF OF THE NORTH 5.00 ACRES OF THE EAST HALF OF
THE NORTHEAST QUARTER OF THAT NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS
SHOWN ON A MAPS RECORDED IN BOOK 51, PAGE 121 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY OF CALIFORNIA.
EXCEPTING THEREFROM, THAT PORTION LYING EASTERLY OF'THE WESTERLY
LINE OF PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA FILED AUGUST 27,
1951 AS DOCUMENT NO. 23960, CERTIFICATE OF TITLE NO. 14610, ON FILE IN
THE OFFICE OF THEREGISTRAR OF LAND TITLES OF SAID COUNTY AND THE
NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM, THE LAND DESCRIED AS PARCELS 1 AND 3 OF
SAID DEED TO THE STATE OF CALIFORNIA.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS
100008-01 AND PARCEL 100008-3 IN DEED TO THE STATE OF CALIFORNIA :
RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO. 19970531752 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY.
WHEREAS, on March 24, 2003, the Anaheim City Planning Commission, by Resolution Na
PC2003-50, granted Conditional Use Permit No. 2003-04667 to permit the retail sales of beer and wine for
on-premises consumption and an amusement arcade with up to sixteen (16) amusement devices within an
existing 4,800 square foot restaurant at 3010 West Lincoln Avenue; and
WHEREAS, this property is currently developed with an commercial retail center and is
zoned GG (General Commercial); and the Anaheim General Plan designates this property for General :
Commercial land uses; and
WHEREAS, the applicant has requested an amendment to Conditional Use Permit Na
2003-04667 to permit and retain private karaoke/banquet booths pursuant to 18.60.190.030; 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 as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, 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
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:
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1. That the proposed request to amend Conditional Use Permit No. 2003-04667 to allow
private karaoke/banquet booths in an existing restaurant is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section Nos. 18.60:190.030 (Amendment of PermitApproval) and
18.08.030.040.0402 (Alcoholic Beverage Sales-On-Sale):
2. That the existing and continued use will not adversely affect the adjoining land usesbr the
growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site is adequate to allow the full development of the proposed
use in a manner not detrimental to: the particular area or the health and safety in that there is no new square _
footage` proposed with this request.
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 #he area since the restaurant is existing and the use
has not generated a significant increase in traffic.
5 That the granting of the conditional use permit 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 an e-mail
was received from the West Anaheim Neighborhood Development Council (WAND) with some concerns '
pertaining to the request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Staff has determined that the
proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing
Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to
prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated does hereby grant the amendment to Conditional Use Permit No. 2003-
04667 to allow private karaoke/banquet booths in addition to the retail sales of beer and wine for on-
premises consumption within an existing 4,800 square foot restaurant.
BE IT FURTHER RESOLVED that Anaheim City Planning Commission does hereby amend
the conditions of approval of Resolution No. PC.2003-50 pertaining to Conditional Use Permit No. 2003-
04667, in their entirety, as follows:
Prior to issuance of a buildinp permit or within a period of one (11 vear from the date of this
resolution whichever occurs first the followina conditions shall be complied with:
1. 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. Said information shall be specifically shown on
the plans submitted for Planning Department and Public Works Department, Streets and Sanitation
Division, approvaL
2. That the subject karaoke rooms are to be constructed of a completely glass wall to the inside of the
restaurant, so as to have complete visibility into the rooms. They shall not be covered with any type of
privacy material, drape or tint. They must be completely open to view at all times. Said condition must
be shown on plans submitted for Building Permits.
3: Doors into these karaoke rooms must not have a locking device and they shall be free swinging glass
doors. Said condition must be shown on plans submitted for Building Permits.
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4. That #he 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 the time of discovery.
Prior to final buildinq and zoninq inspections the followinq conditions shaU be complied with:
5. That subject properfy shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit No. 1(Revision No. 1) and Exhibit No. 2(Revision No. 1), and as
conditioned herein.
General Conditions:
6. That the hours of operation shall be limited to the following:
Sunday through Thursday: 11 a.m. to 90 p.m.'
Friday and Saturday: 11 a.m. to midnight
7. That the sale of beer and wine fpr consumption off the premises shall be prohibited.
8. 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; and that a menu shall be provided containing
an assortment of foods normally offered in such a restaurant.
9. That there shall be no bar or lounge area upon the licensed premises maintained for the purpose of
sale, service, or consumption of alcoholic beverages directly to patrons for consumption.
10. That there shall be no pool tables or amusement devices maintained upon the premises at any time
unless the proper permits have been obtained from the City of Anaheim.
11. That the gross sale 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 alcoholic beverages and other items. These records shall
be made available for inspection by any City of Anaheim officia! when requested.
12. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any
time unless the proper permits have been obtained from the City of Anaheim.
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 aicoholic beverages.
14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
15. That subject beer and wine license shall not be exchanged for a"public premises" (bar) type license nor
shall the establishment be operafed as a"public premises" as defined in Section 23039 of the California
Business and Professions Code.
16. There shall be no admission fee, cover charge, nor minimum purchase required.
17. 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
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illuminate the windows of nearby residences. Said information shall be specifically shown on plans
submitted for Police Department, Community Services Division, approval.
18. That the business operator shall comply with Section 24200.5 of the California 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.
19. That at all times when entertainment or dancing is permitted, security measures shall be provided to the
satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or
patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to
prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the
premises. Said entertainment shall not be permitted unless the appropriate permits have been obtained
from the City ofAnaheim.
20. 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 operation of the premises except for ingress/egress, to
permit deliveries and in cases of emergency. ,
21. That there shall be no pu6lic telephones on the property that are located outside the building and within
the control of the applicant. :
22. 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 4.16.070 Anaheim Municipal Code)
23. That the proposal shall comply with all signing requirements of the GG (General Commercial) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
24. That any Karaoke activity shall be limited to the area specified on the approved floor plan labeled
Exhibit No. 2(Revision No. 1).
25. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard
Detail No. 610, and maintained to the satisfaction of the Public Works Department, Streets and
Sanitation Division.
26. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
- the Public Works Department, Streets and Sanitation Division, for review and approval.
27. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii)
the applicant has demonstrated significant progress toward establishment of the use or approved
development.
28. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
29. 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, except as amended herein, Resolution No. PC2003-50
shall remain in full force and effect.
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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 forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to ap procedures and may be replaced
by a City Council Resolution in the event of an appeaL
CHAIRMA , ANAH IM PLANNJNG COMMISSION
ATTEST:
~~'.e.--.".,~,•'`'_ ~~~L°~'`'`'°
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 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
(N WfTNESS WHEREOF, I have hereunto set my hand this ~ZT~' day of
v,n2. , 2007.
/G~ /~~Ls~`~o
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION