Resolution-PC 2008-13•
RESOLUTION NO. PC2008-13
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2005-05023
(TRACKING NO. CUP2007-05282), AND AMENDING CONDITIONS OF
APPROVAL OF RESOLUTION NO. PC2005-141 ADOPTED THEREWITH
(1108 WEST LINCOLN AVENUE)
WHEREAS, on September 19, 2005, Resolution No. PC2005-141 was adopted by
the Anaheim City Planning Commission to grant Conditional Use Permit No. 2005-05023 to
permit aresidential/commercial mixed use project at 1108 West Lincoln Avenue, and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition to
amend Conditional Use Permit No. 2005-05023 to refurbish ahistorically-significant mixed use
building to permit two apartment units, apublic/private park, and a Ruby's restaurant with sales
and consumption of alcoholic beverages, outdoor dining, and outdoor "car hop" service with
waivers of minimum number of parking spaces, permitted type of roof, canopy and blade signs,
permitted type, size, number and letter height of wall signs, and permitted location of monument
signs pursuant to Code Section 18.60 of the Anaheim Municipal Code for certain real property
situated in the City of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF LOT I OF VILLA PLACE ADDITION, AT SHOWN ON A
MAP RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT, 50
FEET SOUTHWESTERLY ON THE SOUTHEASTERLY CORNER THEREOF
SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT PARCEL
CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED IN BOOK
178, PAGE 329 OF DEEDS; THENCE SOUTHWESTERLY ALONG SAID
SOUTHEASTERLY LINE, 96 FEET TO A POINT; THENCE NORTHWESTERLY
AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE TO THE
NORTHWESTERLY CORNER OF SAID PARCEL DESCRIBED IN SAID DEED
RECORDED IN BOOK 178, PAGE 329 OF DEEDS; THENCE
SOUTHEASTERLY ALONG THE WESTERLY LINE OF LAND SO CONVEYED
38.21 FEET TO THE POINT OF BEGINNING.
THAT PORTION OF LOTS 1, 2, 3, 5 AND 6 OF THAT MAP ENTITLED "VILLA
PACE ADDITION", RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING
DESCRIBED LINE: BEGINNING AT A POINT ON THE WESTERLY LINE OF
SAID LOT 6, SAID POINT BEING NORTH 15°34' 13" WEST 126.31 FEET
DISTANT FROM THE SOUTHWEST CORNER OF SAID LOT 6, SAID POINT
ALSO BEING SOUTH 15°34' 13" EAST 12.60 FEET DISTANT FROM THE
INTERSECTION SAID WESTERLY LINE WITH THE SOUTHERLY LINE OF
THAT PARCEL OF LAND DESCRIBED IN THE FINAL ORDER OF
CONDEMNATION TO THE STATE OF CALIFORNIA, AS PARCEL 200815-1,
RECORDED JUNE 5, 1998, DOCUMENT NO 1998-0352439, OFFICIAL
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RECORDS OF ORANGE COUNTY; THENCE, NORTH 88°55'I9" EAST A
DISTANCE OF 191.33 FEET TO A TANGENT CURVE CONCAVE TO THE
SOUTH; THENCE, ALONG SAID TANGENT CURVE CONCAVE TO THE
SOUTH WITH A RADIUS OF 1,144 FEET, THROUGH A CENTRAL ANGLE OF
2°34'55" AN ARC LENGTH OF 51.55 FEET; THENCE, SOUTH 88°29'46" EAST
83.20 FEET; THENCE, SOUTH 42°43' 17' EAST 4.38 FEET TO A NON-
TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE, ALONG
SAID NONTANGENT CURVE CONCAVE TO THE NORTHWEST WITH A
RADIUS OF 53 FEET, THROUGH A CENTRAL ANGLE OF 71°22'35" AN ARC
LENGTH OF 66.02 FEET TO THE SOUTHERLY LINE OF SAID LOT 2.
THOSE PORTIONS OF LOTS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF THE
VILLA PLACE ADDITION RECORDED IN BOOK 6, PAGE 8 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE
CENTERLINE INTERSECTION OF CENTER STREET AND WEST STREET AS
SHOWN ON SAID MAP; THENCE SOUTH 75°27'34" WEST 33.24 FEET
ALONG THE CENTERLINE OF SAID CENTER STREET; THENCE LEAVING
SAID CENTERLINE SOUTH 50°58'01" EAST 0.40 FEET TO THE WESTERLY
RIGHT OF WAY LINE OF WEST STREET, 66.00 FEET IN WIDTH, AS SHOWN
ON SAID MAP; THENCE SOUTH 14°28' 16" EAST 34.68 FEET ALONG SAID
WESTERLY RIGHT OF WAY LINE TO THE SOUTHERLY RIGHT OF WAY
LINE OF SAID CENTER STREET; THENCE LEAVING SAID WESTERLY
RIGHT OF WAY LINE SOUTH 75°27'34" WEST 163.54 FEET ALONG SAID
SOUTHERLY RIGHT OF WAY LINE TO A POINT OF CUSP WITH A
TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
47.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS
SOUTH 14°32'26' EAST; THENCE LEAVING SAID SOUTHERLY RIGHT OF
WAY LINE, NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY 97.86
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 119°17'55"
TO THE NORTHERLY RIGHT OF WAY LINE OF SAID CENTER STREET AND
THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY 83.05 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 101 ° 14' 14" TO
THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS 53.00 FEET; THENCE SOUTHWESTERLY 13.02 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°04'34" TO THE
EASTERLY LINE OF PARCEL 1 OF THE LAND DESCRIBED IN THE GRANT
DEED RECORDED DECEMBER 14, 2005 AS INSTRUMENT NO.
2005000999142 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID POINT BEING A POINT OF CUSP
WITH ANON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADNS
OF 50.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID PAINT BEARS
SOUTH 60°27'03" EAST; THENCE ALONG THE EASTERLY LINE OF SAID
PARCEL 1, THE FOLLOWING COURSES: NORTHERLY 22.79 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 26'07' 13" AND NORTH
03°25'44" EAST 18.23 FEET; THENCE LEAVING SAID EASTERLY LINE
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SOUTH 87°27'46" EAST 143.90 FEET TO SAID NORTHERLY RIGHT OF WAY
LINE; THENCE SOUTH 75°27'34" WEST 72.46 FEET ALONG SAID
NORTHERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING.
PARCEL 1:
LOT 7 OF THE VILLA PLACE ADDITION, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP
RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING
THEREFROM THAT PORTION OF LAND DESCRIBED AS PARCEL 200815-1,
IN THE FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO.
759 653, A CERTIFIED COPY OF WHICH RECORDED JUNE 5, 1998 AS
INSTRUMENT NO 19980352439 OF OFFICIAL RECORDS, IN THE OFFICE OF
SAID COUNTY RECORDER. ALSO EXCEPTING THEREFROM THAT
PORTION OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF PARCEL 5 AS THE LAND IS DESCRIBED IN THE
GRANT DEED RECORDED DECEMBER 14, 2005 AS INSTRUMENT NO.
2005000999142 OF SAID OFFICIAL RECORDS; THENCE ALONG TH
EASTERLY AND NORTHERLY LINES OF SAID PARCEL 5, THE FOLLOWING
COURSES: NORTH 14°32'26" WEST 113.45 FEET AND SOUTH 89°57' 19"
WEST 51.64 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5 AND
THE TRUE POINT OF BEGINNING; THENCE CONTNUING SOUTH 89°57' 19"
WEST 12.56 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1191.01 FEET; THENCE WESTERLY
38.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1 °52' 11" TO THE WESTERLY LINE OF SAID LOT 7; THENCE NORTH
14°32'26" WEST 5.32 FEET ALONG SAID WESTERLY LINE TO A POINT ON
THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN THE
FINAL ORDER OF CONDEMNATION TO THE STATE OF CALIFORNIA, AS
PARCEL 200815-1, RECORDED JUNE 5, 1998 AS INSTRUMENT NO.
19980352439 OF SAID OFFICIAL RECORDS; THENCE NORTH 81 °09' 19"
EAST 50.19 FEET ALONG SAID SOUTHERLY LINE TO THE EASTERLY LINE
OF SAID LOT 7; THENCE LEAVING SAID SOUTHERLY LINE SOUTH
14°32'26° EAST 12.60 FEET ALONG SAID EASTERLY LINE OF LOT 7 TO THE
TRUE POINT OF BEGINNING.
PARCEL 2:
LOT 8 OF THE VILLA PLACE ADDITION, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP
RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING
THEREFROM THAT PORTION OF LAND LYING NORTHERLY OF THE
NORTH LINE OF THE LAND DESCRIBED AS PARCEL DD 200814-01-01, IN
THE DIRECTOR'S DEED RECORDED JANUARY 15, 2004 AS INSTRUMENT
N0.2004000033746 OF SAID OFFICIAL RECORDS. ALSO EXCEPTING
THEREFROM THAT PORTION OF LAND LYING WITHIN SAID PARCEL DD
200814-01-01. COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 5,
AS THE LAND IS DESCRIBED IN THE GRANT DEED RECORDED
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DECEMBER 14, 2005 AS INSTRUMENT NO. 2005000999142 OF SAID
OFFICIAL RECORDS; THENCE ALONG THE EASTERLY AND NORTHERLY
LINES OF SAID PARCEL 5, THE FOLLOWING COURSES: NORTH 14°32'26"
WEST 113.45 FEET, AND SOUTH 89°57' 19" WEST 51.64 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL 5; THENCE CONTINUING SOUTH
89°57' 19" WEST 12.56 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1191.01 FEET; THENCE WESTERLY
38.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1 °52' 11" TO THE WESTERLY LINE OF SAID LOT 7 AND THE TRUE POINT
OF BEGINNING; THENCE CONTINUING WESTERLY 66.13 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 3°16'39" TO THE
NORTHERLY LINE OF SAID PARCEL DD 200814-01-01, SAID POINT BEING
A POINT OF CUSP WITH ANON-TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 1281.00 FEET, A RADIAL LINE OF
SAID CURVE TO SAID POINT BEARS SOUTH 6°35'53" EAST; THENCE
ALONG SAID NORTHERLY LINE, THE FOLLOWING COURSES:
EASTERLY 50.23 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 2° 14'48", AND NORTH 81 °09' 19" EAST 17.09 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL DD 200814-01-01; THENCE
LEAVING SAID NORTHERLY LINE SOUTH 14°32'26" EAST 5.32 FEET
ALONG THE EASTERLY LINE OF SAID PARCEL DD 200814-01-01 AND SAID
LOT 8 TO THE TRUE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 23, 2008, 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 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:
1. That the proposed request to amend apreviously-approved conditional use permit
to refurbish ahistorically-significant mixed use building to permit two apartment units, a
publiclprivate park, and a Ruby's restaurant with sales and consumption of alcoholic beverages,
outdoor dining, and outdoor "car hop" service is properly one for which a conditional use permit
is authorized by Anaheim Municipal Code Section No. 18.32.030.120 with the following
waivers:
(a) SECTION NO. 18.42.040.010 Minimum number of parking spaces. (71
required; 57 proposed).
(b) SECTION NO. 18.44.040.170 Permitted type of roof, canopy, and blade
si s. (Roof, canopy, and projecting blade
signs prohibited; one roof, one canopy,
and three blade signs proposed).
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(c) SECTION NO. 18.44.080.090
(d) SECTION NO. 18.44.110.010
u
Permitted location of monument signs.
(50 foot setback required; 38 feet
proposed).
Permitted type, size, number, and letter
height of wall signs. (Withdrawn).
2. That waiver (a) is hereby approved based on the conclusions contained in the
parking study that there will be an adequate number of parking spaces to accommodate the
proposed mixed use project. Therefore, the waiver, under the conditions imposed, will not cause
fewer off-street parking spaces to be provided for the proposed use than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use.
3. That waiver (d) has been withdrawn since it was deleted subsequent to
advertisement of the conditional use permit, and waivers (b) and (c) are hereby approved since
the requested roof, canopy, and blade signs and location of monument sign would be appropriate
for the proposed historically-significant mixed use project at the entryway to the downtown
historic district and said signs would be in conformance with the principles enumerated in the
Community Design Element of the General Plan (Anaheim Colony Design Guidelines).
Moreover, the requested signs were reviewed and approved by the Redevelopment Agency's
architectural/historical consultant.
4. That the proposed refurbishment of ahistorically-significant mixed use building
will not adversely affect the adjoining land uses, or the growth and development of the area in
which it is proposed to be located as new construction is not proposed, only interior
modifications.
5. That the Anaheim Police Department recommends approval of the request for sale
and consumption of alcoholic beverages in conjunction with a full service restaurant since there
is not an over-concentration of ABC licenses and the crime rate is slightly above the City
average, subject to the conditions of approval contained herein.
6. That the project is subject to modification of development standards in the Mixed
Use Overlay zone in order to achieve good project design, privacy, livability, and compatibility
with surrounding uses. The proposed setbacks are adequate as minor setback deviations will not
have an adverse affect on adjacent neighbors. Moreover, the reduced building and landscape
setback adjacent to Lincoln Avenue would be appropriate for the proposed historically-
significant mixed use project at the entryway to the Anaheim Colony Historic District based on
the principles contained in the Community Design Element of the General Plan (Anaheim
Colony Design Guidelines).
7. 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.
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8. That 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 and will provide a
land use that is compatible with the surrounding area.
9. 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 and determine
that the Negative Declaration previously approved in connection with Conditional Use Permit
No. 2005-05023 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 approve Conditional Use Permit No. 2005-05023
(Tracking No. CUP2007-05282) to refurbish ahistorically-significant mixed use building to
permit two apartment units, apublic/private park, and a Ruby's restaurant with sales and
consumption of alcoholic beverages, outdoor dining, and outdoor "car hop" service, with the
waivers of the aforesaid provisions of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby amend the conditions of approval, in their entirety, for Resolution No. PC2005-141,
adopted in connection with Conditional Use Permit No. 2005-05023, to read as follows:
COA
Conditions of Approval Responsible for
Monitoring
TIMING: P RIOR TO ISSUANCE OF BUILDING PERMIT
COA 1 That as requested by the applicant, a westbound left turn Public Works -
pocket and left turn diverter described in the approved traffic Traffic
study for the project shall be installed in connection with the
project. Street improvement plans shall be submitted for the
related traffic circulation improvements at the intersection of
Lincoln Avenue and Carleton Avenue to the Public Works
Department, Development Services Division for review and
approval. All improvements shall be installed and
completed prior to the first final building and zoning
inspection. A bond shall be posted in an amount approved by
the City Engineer and a form approved by the City Attorney
prior to issuance of a building permit. A Right of Way
Construction Permit shall be obtained from Public Works/
Development Services for all work performed in the right-of-
way.
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Responsible for
COA Conditions of Approval Monitoring
COA 2 That plans submitted for building permits shall include a Police
note that if an alarm system is installed, aBurglary/Robbery
Alarm Permit application, Form APD 516, shall be
completed and submitted to the Police Department prior to
initial alarm activation. This form is available at the Police
Department front counter.
COA 3 That parking lot lighting or security lighting located in the Code Enforcement
parking area shall be low-intensity and directed away from
adjacent residential properties.
COA 4 That a Fire Emergency Listing Card, Form APD-281, shall Fire
be completed and submitted to Police Department. The
form is available at the Police Department front counter.
COA 5 That plans shall be submitted showing conformance with the Public Works -
current version of Engineering Standard Details 436 and 470 Traffic, Planning
pertaining to parking standards and Engineering Standard
Detail 473 pertaining to driveway locations and driveway
spacing. Subject property shall thereupon be developed and
maintained in conformance with said plans.
COA 6 That trash storage area(s) shall be maintained in location(s) Planning, Public
acceptable to the Public Works Department, Streets and Works -Sanitation
Sanitation Division, 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 to 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 (1)
gallon sized clinging vines planted on maximum three (3)
foot centers, or tall shrubbery. Said information shall be
specifically shown on plans submitted for Public Works
Department, Streets and Sanitation Division approval.
COA 7 That all air-conditioning facilities and other ground-mounted Planning
equipment shall be properly shielded from view and the
sound buffered from adjacent residential properties. Such
information shall be specifically shown on the plans
submitted for building permits.
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Responsible for
COA Conditions of Approval Monitoring
COA 8 That the locations for future above-ground utility devices Planning
including, but not limited to, electrical transformers, water
backflow devices, gas, communications and cable devices,
etc., shall be shown on plans submitted for building permits.
Plans shall also identify the specific screening treatments of
each device (i.e. landscape screening, color of walls,
materials, identifiers, access points, etc.) and shall be subject
to the review and approval of the appropriate City
departments.
COA 9 That any required relocation of City electrical facilities shall Utilities -Electrical
be at the property owner/developer's expense. That Engineering
landscape and/or hardscape screening of all pad-mounted
equipment shall be required and shall be shown on plans
submitted for building permits.
COA 10 That gates shall not be installed across any driveway or Public Works -
private street in a manner which may adversely affect Traffic
vehicular traffic in the adjacent public street. That if gates
are proposed, such installation shall conform to Engineering
Standard Plan No. 475 and shall be subject to the review and
approval of the City Traffic and Transportation Manager.
Said information shall be specifically shown on plans
submitted for building permits.
COA 11 That plans shall be submitted to the City Traffic and Public Works -
Transportation Manager for review and approval of wall and Traffic
fence locations to determine conformance with Engineering
Standard No. 115.
COA 12 That the property owner/developer shall be responsible for Public Works -
the relocation/removal of any equipment in the right-of--way Traffic
in the event that street widening or the proposed driveway
entry conflict with existing equipment.
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Responsible for
COA Conditions of Approval Monitoring
COA 13 That all backflow equipment shall be located above ground Utilities -Water,
outside of the street setback area in a manner fully screened Planning
from all public streets. Any backflow assemblies currently
installed in a vault shall be brought up to current standards.
Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either
underground vaults or outside of the street setback areas in a
manner fully screened from all public streets and alleys.
Said information shall be shown on plans and approved by
Water Engineering and Cross Connection Control Inspector
before submittal for building permits.
COA 14 That since this project has a common landscaping area Utilities -Water
exceeding 2,500 square feet, a separate irrigation meter shall
be installed and shall comply with City Ordinance No. 5349
and Chapter 10.19 of the Anaheim Municipal Code. Said
information shall be shown on plans submitted for building
permits.
TIMING: P RIOR TO FINAL B UILDING AND ZONING INSPECTIONS
COA 15 That prior to issuance of building permits, plans shall show Police,
that four (4) foot high address numbers shall be displayed on Planning
the roof of the building in a contrasting color to the roof
material. Said numbers shall not be visible from view of the
street or adjacent properties. Said information shall be
subject to the review and approval of the Police Department
and the Planning Department, Planning Services Division.
Plans submitted for building permits shall include a note that
said numbers shall be provided prior to the first final
building and zoning inspection for each building.
COA 16 That fire lanes shall be posted with "No Parking Any Time." Public Works -
Said information shall be specifically shown on plans Traffic
submitted for building permits.
COA 17 That subject property shall be developed substantially in Planning
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 24, and as conditioned herein.
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Responsible for
COA Conditions of Approval Monitoring
GENERAL
COA 18 That compact parking spaces shall not be permitted. Planning
COA 19 That the wall sign, with an approximate 64-square foot sign Planning
area, on the west building elevation shall be used for public
and/or community related and historically significant
displays, announcements, images, and murals only. Said
wall sign shall not be used to advertise any restaurant-related
products or services. Plans shall be submitted to, and
approved by, Planning Department staff prior to the
replacement or installation of said wall signs.
COA 20 There shall be no bar or lounge area upon the licensed Police,
premise maintained for the purpose of sales, service, or Code Enforcement
consumption of alcoholic beverages directly to patrons for
consumption.
COA 21 At all times when the premise is open for business, the Police,
premise shall be maintained as a bona fide restaurant and Code Enforcement
shall provide a menu containing an assortment of foods
normally offered in such restaurant.
COA 22 There shall be no pool tables or amusement devices Police,
maintained upon the premises at any time unless the proper Code Enforcement
permits have been obtained from the City of Anaheim.
COA 23 The gross sales of alcoholic beverages shall not exceed 40 Police,
percent of the gross sales of all retail sales during any three Code Enforcement
(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.
COA 24 There shall be no live entertainment, amplified music or Police,
dancing permitted on the premise at any time. Code Enforcement
COA 25 The sale of alcoholic beverages for consumption off the Police,
premise shall be prohibited. Code Enforcement
COA 26 There shall be no exterior advertising of any kind or type, Police,
including advertising directed to the exterior from within, Code Enforcement
promoting or indicating the availability of alcoholic
beverages.
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Responsible for
COA Conditions of Approval Monitoring
COA 27 The activities occurring in conjunction with the operation of Police,
this establishment shall not cause noise disturbance to Code Enforcement
surrounding properties.
COA 28 That subject alcoholic beverage license shall not be Police,
exchanged for a public premise (bar) type license nor shall Code Enforcement
the establishment be operated as a public premise as defined
in Section 23039 of the Business and Professions Code.
COA 29 There shall be no admission fee, cover charge, nor minimum Police,
purchase required. Code Enforcement
COA 30 That all doors serving subject restaurant shall conform to the Fire
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.
COA 31 There shall be no public telephones on the property that are Code Enforcement
located outside the building and within the control of the
applicant.
COA 32 That no "happy hour" type of reduced price alcoholic Police,
beverage promotion shall be allowed. Code Enforcement
COA 33 Petitioner shall not share any profits, or pay any percentage Police,
or commission to a promoter or any other person, based Code Enforcement
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.
COA 34 That the parking lot serving the premises shall be equipped Planning, Police,
with lighting of sufficient power to illuminate and make Code Enforcement
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 illuminate the windows of nearby residences.
COA 35 That alcohol must be consumed inside the restaurant and/or Police,
enclosed outdoor dining area. Alcohol shall not to be Code Enforcement
delivered or consumed in the parking lot area in conjunction
with the "car hop" service.
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Responsible for
COA Conditions of Approval Monitoring
COA 36 That the outdoor patio area must be completely enclosed Police,
with at least a 42 inch high fence and entry capability only Code Enforcement
from within the restaurant area.
COA 37 That no required parking area shall be fenced or otherwise Police,
enclosed for outdoor storage use. Code Enforcement
COA 38 That any tree planted on-site shall be replaced in a timely Police,
manner in the event that it is removed, damaged, diseased Code Enforcement
andlor dead. That the property shall be permanently
maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and
removal of graffiti within twenty-four (24) hours from time
of discovery.
COA 39 That approval of this application constitutes approval of the Planning
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.
COA 40 That timing for compliance with conditions of approval may Planning
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.
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C.
COA
Conditions of Approval Responsible for
Monitoring
COA 41 That prior to issuance of building permit, street and Public Works-
landscape improvement plans for Lincoln Avenue and Development
Center Street shall be submitted for to the Public Works Services
Department, Development Services Division for review and
approval. Center Street improvements shall consist of a 4
foot wide landscaped parkway and 5 foot wide sidewalk
behind existing curb. Parkway landscaping and sidewalk
shall be constructed with the parkway irrigation connected to
the on-site irrigation system and maintained by the property
owner. A bond shall be posted in an amount approved by the
City Engineer and a form approved by the City Attorney prior
to issuance of a building permit. A Right of Way
Construction Permit shall be obtained from Public Works/
Development Services for all work performed in the right-of-
way. The improvements shall be constructed prior to final
building and zoning inspections.
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 23, 2008. 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
maybe replaced by a City Council Resolution in the event of an appeal.
CHA , A AHEI BANNING COMMISSION
ATTE
SECRETARY, ANAHEIM PLANNING COMMISSION
-13- PC2008-13
•
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 January 23, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of
February, 2008. ~--,
~~ cam. ~'~
SECRETARY, ANAHEIM PLANNING COMMISSION
-14- PC2008-13