Resolution-PC 2007-64• _
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- RESOLUTION NO. PC2007-64
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO: 2001-04451
_ (TRACKING NO. CUP2007-05218), AND AMENDING CONDITIONS -
OF APPROVAL OF RESOLUTIONNO. PC2002-174 ADOPTED THEREWITH
;(1084 AND 1086 NORTH STATE COLLEGE BOULEVARD - J.C. FANDANGO)
WHEREAS, on November 5, 2001, the Anaheim Planning Commission, by its Resolution Na
PC2001-155 approved Conditional Use Permit No, 2001-04451 to permit a restaurant at 1084 and 1086
North State College Boulevard with' public entertainment and on-premises sale and consumption of
" < alcoholic beverages with waiver of minimum number of parking spaces (537 spaces required; 518 spaces
approved); for one year, to expire on November 5, 2002; and
_ WHEREAS, on December 2, 2002, the Anaheim Planning Commission, by its Resolution No.
PC2002-174, did Yeinstate antl approve Conditional Use Permit No. 2001-04451 and did amend the
conditions of approval of Resolution No. PC2002-174 adopted in connection therewith; and
: WHEREAS; said Resolution No. PC2002-174, as previously amended, includes the following
condition of approvaL•
"1. That this conditional use permit shall expire on November 5, 2006."
WHEREAS, this property is currently developed with an 86,446 square foot commercial retail
center with 30 tenant spaces; including the subject restaurant (J.C. Fandango); that the restaurant is zoned
GG; and the Anaheim General Plan designates this property for General Commercial land uses; and '
WHEREAS, the applicant has requesfed reinstatement of this conditional use permit to retain
a previously-approved restaurant with public entertainment and on-premises sale and consumption of
alcoholic beverages, pursuant to Code Section 18.68.160 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 25, 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
"Procedures", to hear and consider evidence for and against said proposed amendment 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:
1. That the proposed reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation to retain a previously-approved restaurant with public
entertainment and on-premises sale and consumption of alcoholic beverages is properly one for which a
conditional use permit is authorized under authority of Code Section No. 18.08.030.040.0402 (Restaurant
with sales of alcoholic beverages) and Section 18.60.180 (Reinstatement of a time-limited permit) of the
Anaheim Municipal Code.
2. That the Police Department and Community Preservation Division indicates that no
complaints have been received regarding the operation of this business and that the previously-approved
conditions of approval are being complied with, and that the property is being properly maintained.
3. That the reinstatement, as amended and conditioned, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is located.
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4. - That the facts necessary to support each and every required showing for the original
approval of the entitlement exist.
5. 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.
6. ThaYgranting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health and safety of the citizens of the City of Anaheim.
7. ' That no one indicated their presence at said public hearing in opposition; and that a
petition was received with 18 signatures in opposition to the subject request.
CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDWG: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities), as defined in #he State CEQA Guidelines and is, therefore,
categorically exempt from the requirement to prepare an EIR. ~
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Flanning Commission for the
reasons hereinabove stated does hereby reinstate and approve Conditional UsePermit No. 2001-04451 to
retain a previously approved restaurant with public entertainment and on-premises sale and consumption
of alcoholic beverages.
BE IT FURTHER RESOLVED that Anaheim Planning Commission does hereby amend the
conditions of approval of Resolution No. 2002-174, pertaining to Conditional Use Permit No. 2001-04451,
as follows:
Prior to final buildina and zoninp inspections the followina conditions shall be complied with:
1. That subject property 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 Nos. 1 through 2, and as conditioned herein.
2. That the applicant shall file an Emergency Listing Card, Form APD-281, with the Police
Department
General Conditions:
3. That a valid business license shall be maintained with the City of Anaheim, Business License
Division of the Finance Depa~trnent.
4. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of the proper permits as required by the Anaheim Municipal Code:
5. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
6. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties; and that the entertainment provided shall not be
audible beyond the indoor area under the control of the licensee(s).
7. That at anytime when the premises are providing entertainment, the licensee(s) shall provide
adequate licensed uniformed security guard(s) as determined by the Police Department for the
interior and parking lot to shall maintain order thereon and to prevent any activity which would
interfere with the quiet enjoyment of the patrons and nearby residents.
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8. That all doors serving subject establishment shall comply with the requirements of the Uniform Fire
Code and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, deliveries and in cases of emergency.
9. That the on-site security officer(s) shall periodically monitor the rear of the property to ensure that
no loitering or illegal dumping occurs.
10. That loitering shall be prohibited on or around these premises.
11. That the parking lot serving the premises shall be equipped with lighfing of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking Iot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
12. That no pool tables, amusement devices or video games shall be maintained within subject
establishment without issuance of proper permits as required by the Anaheim Municipal Code.
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
pro~t-sharing plan. scheme or conspiracy.
14. That there shall be no public telephones on the premises located outside the building.
15 That no window signs shall be permitted.
16. That all trash generated from this facility shall be properly contained in trash bin(s) kept within
approved trash enclosure(s). The number of bin(s) shall be adequate and the trash pick-up shall
be as frequent as necessary to ensure the sanitary handling and timely remova! of refuse from the
property. The Code Enforcement Division of the Planning Department shall determine the need for
additional bins or additional pick-up. All costs for increasing the number of bins or frequency of
pick-up shall be paid for by the business owner.
17. That the plan sheet for solid waste storage, collection and recycling shall be maintained as
approved by the Public Works Department, Streets and Sanitation Division.
18. That the on-site trash truck turn-around area shall be maintained in conformance with Engineering
Standard Detail No.610; and maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division.
19. That no vending machines shall be permitted on the property, which are visible to the public right-
of- way.
20. That no fliers or handbills advertising subject establishment shall be posted or otherwise permitted
on public property (e.g., utility poles or utility boxes) in the City of Anaheim. The business owner
shall reimburse the Code Preservation Division for any costs to remove such handbills.
21. That any existing or proposed roof-mounted equipment shall be subject to the screening
requirements of Anaheim Municipal Code Section 18.08.030.040.0402 pertaining to the CG
(Commercial General) Zone.
22 That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
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23. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance and removai of graffiti within twenty four (24) hours from time of
occurrence,
, 24. The licensee(s) shall be responsible for maintaining the area adjacent to the premises over which
said licensee has control free of litter, trash or debris,
25. That signage for subject facility shall be limi#ed to'all legal existing signs as of the date of this
resolution. Any additional signage shall be subject to review and approval by the Planning
Commission as a`Reports and Recommendations' item.
26. That at all times when the premises are open for business, the premises shall be maintained as a
bona fide restaurant and shal( provide a menu containing an assortment of foods normally offered
in such restaurants.
27. That full and comptete meals shall be seryed whenever the privileges of the `Alcoholic Beverage
ControP license are being exercised:
28:: That no `happy hour' type of reduced price alcoholic beverage promotion.shall be allowed.
29. That the applicant shall continue to maintain the ratio of food sales to beverage sales such that the
quarterly gross sale of alcoholic beverages shall not exceed the gross'sale of food during the same
. period commencing with the 2 quarter of 2003. The licensee shall at all times maintair~ records
which separately identify the gross sale of food and the gross sale of alcoholic beverages of'this
licensed business. Said records shall be'kept no less frequently than on a quarterly basis and shall
be made available to the Anaheim Police Department on demand.
30. That the rear doors of the premises shall be equipped on the inside with an automatic locking °
device and shall be closed at all times, and shall not be used as a means of access by patrons to
and from the licensed premises except during emergencies. Temporary use of these doors for
delivery of supplies does not constitute a violation.
31. That there shall be no exterior advertising or sign of any kind or type, including advertising directed
to tfie exterior from within, promoting or indicating the availabi~ity of alcoholic beverages. Interior
displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a
violation of this condition.
32. That no person under the age of twenty one (21) years shall sell or deliver alcoholic beverages.
33. That licensee(s) shall not share any profits, or pay any percentage or commission, to a promoter or
any other person, based upon monies collected as a door charge, cover charge, or any other form
of admission charge, including minimum drink orders or the sale of drinks. :
34. That the hours of operation shall be limited to 6 p.m. to 2 a.m., daily.
35. That this conditional use permit shall expire on June 25, 2009.
36. 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.
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37. That timing for compliance with conditions of approval maybe amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the
original intent and purpose ofthe 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.
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 invaiid 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 theprocessing of this discretionary case application within`15 days of the issuance of the final
invoice. 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'
June 25, 2007. Said resolution is subject to the appeal provisions set f rth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures n ay be re laced a City Council
Resolution in the event of an appeal. '
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIORSECRETARY, ANAHEIM PLANNING GOMMISSION
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 June 25, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION