Resolution-PC 2007-94. ~
RESOLUTION NO. PC2007-94
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT' PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05205 BE GRANTED
(107 SOUTH ADAMS STREET)
WHEREAS, tMe Anaheim Pianning 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:
THAT PORTION OF LOTS R AND T OF BOEGE'S ADDITION TO ANAHEIM, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 3, PAGES 2
AND3 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS
ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAIDIOT "R"/ THENCE WESTERLY ON THE
NORTHERLY LINE QF SAID LQT `R". 75.72 FEET, MORE OR LESS, T0 THE NORTNEA3TERLY
CORNER OF THATCERTAINIAND CONVEYED BY TIMM J.F. BOEGE TO`J.M. GRIFFITH BY DEED
RECORDED IN BOOK 152, PAGE 130 OF DEEDS, RECORDS OF LOS ANGELES' COUNTY,
CALIFORNIA; THENCE SOUTH ON THE EAST LINE OF SAID PARCEL 160:00 FEET TO THE
NORTHEASTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY;
THENCE SOUTHEASTERLY ON SAID RIGHT OF WAY LINE 187.88 FEET TO THE MOST SOUTHERLY
CORNER OF SAID LOT "T; THENCE NORTHWESTERLY ON THE EASTERLY LINE OF SAID LOT °T'
AND "R" 288.10 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE EAST 5 FEET OF SAID LAND AS CONVEYED TO THE CITY OF
ANAHEIM FOR STREET PURPOSES BY DEED RECORDED OCTOBER 28, 1910 IN BOOK 194, PAGE 67
OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM A TRIANGULAR PORTION OF SAID LOT "T' AS CONVEYED TO THE
CITY OF ANAHEIM, FOR STREET PURPOSES BY DEED RECORDED MAY 19, 1915 IN BOOK 275,
PAGE 93 OF FEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPT THEREFROM NORTHERLY RECTANGULAR 40.25 FEET OF THE EASTERLY
RECTANGULAR 55.72 FEET OF SAID LOT "R".
ALSO EXCEPT THEREFROM THE SOUTHWESTERLY 45 FEET AS DESCRIBED IN DEED TO WM. E.
OTIS JR., TRUSTEE, RECORDED FEBRUARY 18, 1948 IN BOOK 1623, PAGE 30, OFFICIAL RECORDS,
ORANGE COUNTY, CAUFORNIA.
ALSO EXCEPT THEREFROM THE LAND DESCRIBED IN DEED TO ROBERT S. BEGOLE AND BETTY S.
BEGOLE, HUSBAND AND WIFE RECORDED MAY 8, 1958 IN BOOK 4280, PAGE 15, OFFICIAL
RECORDS OF ORANGE COUNN, CALIFORNIA.
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN CENTER STREET, AS WIDENED. AS
SAID STREET EXISTED ON NOVEMBER 26, 1997 AS INSTRUMENT NO. 97-610486, OFFICIAL
RECORDS OF ORANGE COUNTY CALIFORNIA.
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, 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
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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 request to permit a bar with a cover charge is permitted in the Industrial
Zone subject to the approval of a conditionai use permit under authority of Code Section Na
18.10.030.040.0402, (Bars and Nightclubs and Commercial Recreation = Indoor).
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of tMe area because the bar is existing, and no expansion or' increase is proposed. The
existing bar and proposed cover charge would be compatible with existing and surrounding land uses and
,modificationsand upgrades proposed #o the site would enhance the visual impact of the property on
'surrounding properties.
3: That the proposed bar with a cover charge would not create any additional square footage ,
and therefore would nof adversely affectthe adjoining land uses and the growth and development of the area
in which it.is proposed becausethe size and shape of the site for the project has been adequate for the full
development of the existing use in a manner not detrimental to theparticular area.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
'streets and highways designed and improved to carry the traffic in the area because the project already ;
exists'and no increase in square footage is proposed.
5. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental #o 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 oppositionto the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined '
thatthe 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 does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby '
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health and safety of the Citizens of the City of Anaheim:
Prior to final buildin and zonin ins ections or within a eriod of one 1 ear the followin
conditions shall be complie 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.
General Conditions:
2. That as required by the Police Department, the operator shall provide at least 2 security personneL
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 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. Any and all security officers provided shall
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' comply with aiI State and Local ordinances regulating their services; including, without limitation, Chapter
11:5 of Division 3 of the California $usiness and Profession:Code.
3. That the doors shall remain closed at all times that entertainment is permitted, except during times of entry
or,exit, emergencies and deliveries.
4. That all entertainers and employees shall be clothed in such a way as to not expose "specified anatomical
areas" as described in Section 7.16.060 of the Anaheim Municipal Code.
5. That no one under the age of 21 shall be allowed to enter.
6. That the business shall not 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. (Section 24200.5 Alcoholic Beverage Control Act).
7. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays
of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of
this condition.
8. This condition of approval was deleted at today's public hearing.
9. That there shall be no requirement to purchase a minimum number of drinks.
10. That signs shall be posted at all exits of the premises of theprohibition of alcoholic beverages from
leaving the confines of the establishment.
11. That alcoholic beverages cannot be included in the price of admission.
12. That no person under the age of 21 shall sell or deliver alcoholic beverages.
13. That there is to be no alcohol in the patio area.
14. That management shall e-mail a monthly calendar of entertainment/entertainers to the Vice Detail of
the Police Department.
15. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall be designed, located and screened so as not to be readily identifiable from adjacent streets or
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot
centers or tall shrubbery.
16. That the 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.
17. That adequate lighting shall be provided consistent with police department guidelines for parking lots, '
driveway, circulation areas, aisles, passageways, recesses and ground contiguous to buildings, shall
be provided with lighting of sufficient wattage consistent with Police Department guidelines to provide
adequate illumination to make clearly visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure environment for all persons, property, and
vehicles onsite.
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18. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, :
damaged, diseased and/or tlead.
19. That there shall be no live entertainment, amplified music or dancing permitted on the premises at anytime
without issuance of proper permits as required by Titie 4 of the Anaheim'Municipal Code.
20. Thatextensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
21. That approval of this application constitutes approvai 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 approvai of the
request regarding any other applicable ordinance, regulation or requirement.
22. That timing for compiiance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is estabiished that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipai Code and
(iii) the applicant has demonstrated significant progresstoward estabiishment of the use or approved
development.
BE ITFURTHER 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
all of the conditions hereinabove set forth: Should any such condition, or any part thereof, be deciared
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 appiicant 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 frst. Failure to pay at! 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, "Zoning
Provisions - General" 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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CHAIRMAW NAHEIM PLA , jNG COMMISSION
ATTEST:
.~i%~C~•-~•~~-- '
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AI~AMEIM ' ) `
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregqing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on'AUgust 6, 2007, by the foilowing vote of the members thereof:
AY~S: 'COMMlSS10NERS: AGARWAL, BUFFA, EASTMAN,'FAESSEL, ROMERO, VELASQUEZ
NOES: COMMIS$IbNERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF,1 have hereunto set my hand this ~./s~' day of
v , 2007. '
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S NIOR SECRETARY, ANAHEIM PLANNING COMMISSION