Resolution-PC 2007-93• •
RESOLUTION NO. PC2007-93
A RESOWTION OF THE ANAHEIM PLANNING COMMISSION
'' REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0; 2005-04974, AND -
, AMENDING CER7AIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005-77,
ADOPTED THEREW ITH '
(420-504 SOUTH BROOKHURST STREET)
WHEREAS, on May 2, 2005, the Anaheim Planning Commission, by its Resolution No. PC2005-
77 approved Conditionai Use'Permit No. 2005-04974 to permit a restaurant/banquet facility with on-premises
!` sale and consumption of alcoholic beverages on property located at 420 South Brookhurst; and
WHEREAS, said Resolution No. PC2005-77 includes the following conditions of approvaL• ,
"1 That the on-premises sales and consumption of alcoholic beverages portion of this
- conditional use permit shall expire on May 2, 2007.
5. That the hours of operation shall be limited to Sunday through .Friday 9 a.m. to 10 p.m.
and Saturday 9 a.m. to 11 p.m."
WHEREAS, this property is currently developed with a restauranUbanquet facility, the underlying
zoning is G-G, BCC (General Commercial, Brookhurst Commercial Corridor Overlay); the Anaheim General ,
Plan designates this property for Corridor Residential land uses, and the property is locatedwithin the West
Anaheim Commercial Corridors RedevelopmenYArea; and
WHEREAS, the Anaheim Planning Commission did receive a verified F'etition for Reinstatement
of Gonditional UsePermit to modify or delete a condition of approval pertaining to a time limitation and hours of
operation to retain a previously-approved restaurantlbanquet facility with on-premises sale and consumption of
alcoholic beverages pursuant to Code Section Nos. 18A8.030.040.0402 (Recreation - Commercial Indoor) and
18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim County of
Orange, State of California, described as:
' THE NORTH 50 FEET OF LOT 4, IN BLOCK B OF TRACT 13, AS PER MAP
RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on August 6, 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, Chapfer 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 applicant's proposal to reinstate a restauran#/banquet facility with on-premises sale and
consumption of alcoholic beverages is authorized by the Anaheim Municipal Code Section Nos.
18.08.030.Q40.0402 (Recreation - Commercial Indoor) and 18.60.180.
2. That the proposed reinstatement and deletion of time limitation for the restaurant/banquet
facility would not adversely affect the adjoining land uses and the growth and development of the area in which
it is currently located because the facility already exists and is operated in conformance with all conditions of
approvaL .
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3. That the facts necessary to support each and every required showing for the original approval of
the entitlement exists; and that an inspection conducted by the Community Preservation Division of the Planning
Department revealed that #he site is in compliance with ail conditions of approvaL
4. That this conditional use permit is being exercised in a manner not detrimentai to the particular
area and surrounding land uses, nor to the pubiic health and safety.
5. That the deletion of thetime limitation is appropriate because it has been demonstrated that the
use has operated in a manner that is appropriate in the underlying zone and #he periodic review of the use is no
longer necessary. ,
6. That no one indicated their presence at'the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. '
' CALIFORNIA'ENVIRONMENTAL QUALITY ACT FINDING: Planning 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 Planning Commission, for the
reasons hereinabove stated, does hereby reinstate Conditional Use Permit Na 2005-04974, to retain a
restaurant/banquet facility with on-premises sale and consumption of alcoholic beverages at 420 South
Brookhurst.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the
conditions of approval of Resolution No. 2005-77, relating to Conditional Use Permit No. 2005-04974, as : :
follows:
1. That no admission fee or any other type of public entrance fee shall be permitted for this facility.
2. Thaf the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
3. That there shall be no pool tables or coin-operated amusement devices maintained upon the premises
at any time.
4. That the hours of operation shall be limited to: Monday through Thursday 9 a.m. to 10 p.m. and Friday
through Sunday 9 a.m. to 12 a.m.
5. That a manager shall be on-site at all times while the banquet facility is in operation.
6. That at all times when the facility is being utilized as a banquet facility, uniformed security shall be
provided to the satisfaction of the Anaheim Police Depa~tment to deter unlawful conduct on #he part of
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 generated by patrons entering or leaving
the premises. ,
7. 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 the building 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
8. 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 establishmen# that is engaged primarily
in the business of preparing and serving meals for immediate consumption. The term "primaril~' shaU
mean that food and nonalcoholic beverages sales comprise a minimum of sixty percent (60%) of the
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gross income from the establishmenYs business operation. Service of alcoholic beverages is, and shall ,
at all times be, accessory to the primaryrestaurant use. _
9. 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.
10. That the gross sales of alcoholic beverages shail 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 quarteriy basis _
indicating the separate amounts of sales of alcoholic beverages and other items.,These records shali be
made available for inspection by any City of Anaheim official when requested. '
11. That the sale of alcoholic beverages for consumption off the premise shall be prohibited.
12. 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.
13.. That the parking serving the premises shall be equipped with lighting of sufficient power to iiluminate
and make easily discernible the appearance and conducYof all persons on or aboufthe parking lit. Said
lighting shall be directed, positioned and shielded in such a manner as not to unreasonabiy illuminate
the windows of nearby residences.
14. That all doors serving subject restaurant shall conform to the requirement 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. '
15. That subject alcoholic beverage license shali 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.
BE 1T FURTHER RESOLVED that, except as amended herein, Resolution No. PC2005-77 shalt
remain in full force and effect.
BE IT 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 aii
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
August 6, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeaL
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CHAIRMAN,AN~ EIM PLANNI OMMISSION
ATTEST:
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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
August8, 2007, by the following vote of#he members thereof:
AYES:; COMMISSIONERS: AGARWAL, BUFFA, EASTMAN,FAESSEL,ROMERO, VELASQUEZ
NOES: COMMISSIONERS: -NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this _~~, day of ~~~_,
2007. :
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SENIORSECRETARY, ANAHEIM PLANNING COMMISSION