Resolution-PC 2007-134• ~
RESOLUTION NO. PC2007-134
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING
AND APPROVING CONDITIONAL USE PERMIT NO. 1731 (TR.ACKING NO. CUP2007-05253),
AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002-171,
ADOPTED THEREWITH
(408 SOUTH BROOKHURST STREET - LA LANGOSTA ROJA RESTAURANT)
WHEREAS, the Anaheim Planning 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:
THE WESTERLY 210.00 FEET OF THE SOUTHERLY 83.00 FEET OF THE
NORTHERLY 150.44 FEET OF THE SOUTHERLY 210.44 FEET OF LOT 4 IN
BLOCK B OF TRACT NO. 13, AS SHOWN ON A MAP RECORDED IN BOOK
9, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
WHEREAS, on November 18, 2002, the Anaheim Planning Commission, by Resolution
No. PC2002-171, approved Conditional Use Permit No. 1731 to permit a restaurant with beer and wine
sales for on-site consumption at 408 South Brookhurst Street; and
approval:
WHEREAS, said Resolution No. PC2002-171 includes the following condition of
"1. That the on-premises sale and consumption of beer and wine at an existing
restaurant and the amended hours of operation (Condition No. 2 herein) shall expire five
(5) years from the date of this resolution on November 18, 2007)."
WHEREAS, this property is currently developed with a restaurant, the underlying
zoning is GG (BCC) (General Commercial, Brookhurst Commercial Corridor Overlay); the Anaheim
General Plan designates this property for Corridor Residential land uses; and this property is located
within the Merged Redevelopment Area; and
WHEREAS, the applicant has requested reinstatement of this conditional use permit to
retain a restaurant with beer and wine sales pursuant to Code Section 18.60 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 October 29, 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:
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1. That the proposed reinstatement of this permit and the modification or deletion of a
condition of approval pertaining to a time limitation to retain a previously-approved restaurant with
beer and wine sales is properly one for which a conditional use permit is authorized under Code
Section 18.08.030.040.0402 (Alcoholic Beverage Sales - On Sales) and Section 18.60.180
(Reinstatement of a time-limited permit) of the Anaheim Municipal Code.
2. That the proposal, as conditioned will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located because the use permit has been operated
in substantially the same manner as originally approved by the Planning Commission.
3. That the Community Preservation Division indicates that no complaints have been
received regarding the operation of this business, the conditions of approval have been complied with
and the property is being properly maintained.
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. That granting 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 the public hearing in opposition; and that no
correspondence was received in opposition to the subject request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 1722 is adequate to serve as the
required environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for
the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 1722 to
permit a restaurant with beer and wine sales for on site consumption.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
amend the conditions of approval, in their entirety, for Resolution No. PC2002-171, adopted in
connection with Conditional Use Permit No. 1322 to read as follows:
1. That the hours of operation shall be limited to no later than 11 p.m. on Sundays through Thursdays,
and midnight on Fridays and Saturdays.
2. That the lighting in the parking area of the premises shall be directed, positioned and shielded in
such a manner so as not to unreasonably illuminate the window areas of nearby residences.
3. 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.
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4. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
That there shall be no pool tables or other games permitted upon the premises at any time, except as
specifically permitted herein.
6. 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 official when
requested.
7. That a jukebox shall be permitted on the premises subject to obtaining the appropriate permit(s)
from the Business License Division of the City of Anaheim Finance Department.
That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
9. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
10. That the on-site landscaping and irrigation system shall be maintained in compliance with city
standards.
11. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be
kept closed at all times during operation of the premises except for ingress/egress, deliveries and
emergencies.
12. That food service with a full meal shall be available from opening time until closing time on each
day of operation.
13. That the alcoholic beverage license shall not be exchanged for a`public premises' (bar) type license
nor shall the establishment be operated as a`public premises' as defined in Section 23039 of the
California Business and Professions Code.
14. 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.
15. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
16. 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.
17. That there shall be no public telephones on the premises located outside the building.
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18. That signage shall be limited to existing and approved signs, and that temporary signs and other
advertising devices shall not be permitted except in connection with an approved Special Event
Permit issued by the Planning Department.
19. That no advertising or identification of any type shall be permitted on any outdoor furniture or
equipment including umbrellas, by illustration, by text or by any other means of visual
communication.
20. 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 time of discovery.
21. That four (4) foot high street address numbers shall be permanently maintained on the flat area of
the roof in a contrasting color to the roof material, provided that the numbers shall not be visible to
the street or adjacent properties. Said information shall be specifically shown on the plans submitted
for building permits.
22. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Deparhnent,
Streets and Sanitation Division, to comply with approved plans on file with said Department. Said
information shall be specifically shown on plans submitted for building permits.
23. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2 and 3, and as conditioned
herein.
24. 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 Anaheim Planning Commission does hereby
find and deterrnine 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 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. Failure to pay all charges shall result in the revocation of the approval of this
application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 29, 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.
CHA ~,3~T, ANAHEIM ANNING COMMISSION
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ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 October 29, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this _~~ day of
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SECRETARY, ANAHEIM PLANNING COMMISSION
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