Resolution-PC 94-160FiF,~QLJI'ION h0. PC94-160
A RESOI_UTION UF THE ANAHEIM CITY PL.ANNING COMMISSION
THAT PETITION FOR CONDITIONAI_ USE PCRMl7 NO. 3731 BE GRANTED
WHEREAS, ttie Anahelm City Planning Commissinn did recelve a verlfied Petition for
Conditlonal Uso Perm:t for certair- real property sftuated li~ tha Cfty uf Atiaheim, County of Orange, Stato
of Cali(ornia, described as:
THAT PORTION UF I.OT 4 OF HELEN AND LYNCH'S ADDITI~JN TO ANAH~IM,
IN THE CI ~Y OF ANAHEIM, CUUNTY OF ORANGE, STATE OF CALIFQRNIA, AS
PER MAP RECOR~ED IN BOOK 442, PAGE 158 OF DEEDS, IN TIiE OFFIVE OF
TNE CAUN i Y RECURQER OF LqS ANGELES COUNTY, CALIFORNIA, LYING
EASTtRLY OF THE FOU.OWING DESCRIBED LINE:
BEGINNING AT A POIN'i ON THE NONTH I.INE OF SECTION 16, TOWNSHIP ~f
SOUTH, RANGE 1U WEST, IN THE RANCFIO SAN JUAN CAJON pE SANTA ANA,
AS PER MAP RECORDED IN BOOK 51, PAGE 10, MISCFLUIN'cOUS MAPS, IN
THE OFFICE OF THE COUNTY RECOR~ER OF SAID COUNTY, EAST 330.U8
FEET FROM THE NOR7HWEST CQRNER OF SAID SECTION; THENCE
SOUTHERLY 663.55 FEET TO A POIN'f ON THE SOUTFI LINE OF THE
NQRTHWEST ~UARTER OF THE NOR7HWEST C~UARTER UF THE NORTHWEST
~UARTER OF SAID SECTION, EAST 330.50 FEET FROM THE WEST L{NE ()F
SAID SECTION.
EXCL"PT TFIE SOUTH 352.97 FEET 7HEREOF.
ALSO EXC[PT T!-I~ WEST 110.00 FEET THEREOF.
ALSO EXCEP i 7HAT PORTION THEREOF INCLUpED WITHIM THE FOLLOWING
UESCFIBED LINCS: BFGINNING AT A POINT ON Tfic NORTH LINE OF SAID
G~CTION 16, NORTH 89 DEG. 08' 42" EAST 330.08 FEET FROM THE
NORTH~NEST CORNER OF SAID SECTION; THENCE IJGRThI 89 I~EG. 08' 42"
[AST 330.07 FEE7 ALVNG SAID NORTH LINE; THENCE SOUTH 0 DEG. 25' 50"
EAST A8.03 FEE7; THENCE SOUTH 87 DEG. 35' 00" VIES7 339.25 FEEI';
THENCE NORTH 0 DEG. 26' 15" WEST 57.03 FEET TO THE POINT OF
BEuINNING.
WHEREAS, the Cfty Planning Commission did hold a publfc hearing at the Civlc Center
in the City of Anaheim ~n November 30, 1994 at 1:30 p.m., notlce oi safd pu~lic hearing hnvinfl b Ch pter
giv~n as raquired by law and in accrrdance witt~ the provisions ot the Anaheim Municipal Code,
t8.03, to hRar and cons~der ovidonce tor ~and egainst said proposed conditional us~ p9rrtiit and to
investigate and rnake tindings ~nd reco~nmend~stions in connectfon therowith; and
WHEREAS, said Commisslon, aftor duo inspoction, investigation and study made by its~lf
and in its behal4, and aRer due consldoration of all ovidence an~ reporta oKered ~t said he2ring, does tind
~nd cietermfne tho tollowinfl (acts:
t, That the proposed use is properly one tor which a conditfonal u~e permit is euthor{zed by
Anaheim Municipal Caie Sectfon 18.46.OS0.010 to rotain the on•prem(ses sale and consumption o(
alcoholic boverag~s in an ex(stinc~ resta~.uant;
PC9a-160
CR225AM.~i.WP '1'
.a,,.
2. That thQ proposed use Is pmperly nn9 for which a canditional use permlt Is authorizod by
the Zoning Code;
3. That the proposc~d use will not advdrsely affeat the adJoining land uses and the ~rowth ~nd
cleveloprnent of tho area in which it Is proposed to be loc~ted and that subJect use has been in operation
as a full Iiquor establistiment withoUt Apparent detriment r.o surrounding proparties;
4. That the slzo and shapo of the site for tha proposed usa Is adequafe to al(ow tlio iull
developrnent of the proposed use in ~ rrianner not detrlmental Yo the particuiar area nor to tPie peaco,
health, safety, and c~eneral weilare;
5, That the traffic generated by the proposed use will not impose an unduo burden upon tho
;reets and tiic~hways designod and Improvecl to carry the trafflc in the arc~e because the current traffic and
parking volume of the existing activity has not {rnposed an undo burden on the surroundinc~ land uses,
streels ~r h(ghways;
6. That the grantfng of the conditfonal use permit under the canditions Imposed will not be
detrirnontal to tlie peace, hoaltfi, safety and ~eneral welfare of the citizens of tho City of Anaheim; and
7. That no one Indicated thelr presenco at said public hearinq in oppositlon; ancf th~t no
correspondonce was recaiv~d In opposition to the sub~ect potition.
CALIFORNIA ENVIRONMENTAL ~UALITY ACT FINDING: That tho Anahoim City Planning
Commission has rovfewed tlie proposal to rotain lhe on-premises sale and consumpt(on of alcoholic
bevera~os in an existing restaurant nn a rectangularly-shaped parcel of land consistfng of approximately
1.3 acres, havinfl a irontage of approximately 220 feet on the south sfde of Lin.:oln Avenue, having a
maximum dopth oF approximatoly 261 foet, being located approximAtdly d40 feet oast of tho center Ilno
~~f Euclid Street a~id furtlier described as 1G52 West Lincoln Avenue; and doh3 hereby approve tho
Negativo Declaration upon tinding that tho doclarbtion reflects the Independont Judgement of the load
agency and that it has considered the Negative Declaration tugether wfth any comments roceivad during
the public review process and further (Indln~ on the basls oi the fnhial study and any comments recelved
that therQ is no substantial 9vidence that the project will have a significant oifect on the erni(rorment.
P~OW, THEREFORE, BE IT RESOLVED that tfie Anaho(m City Planning Commission does
heroby c~rant sub~ect Petitlo~~ tor Conditional Use Permit, upon the follow(np conditions whfch are hereby
tounrl to be a necessary prerequisite to tho proposed use of the surject prope~ty In order to presAwo the
salety and general welFaro uf the Citizens of the City of Anahofm:
t. That a maximum of two (2) driv~ways shall be pormitted on Lfncoln Avarus.
2. Tliat plans shall be submitted to the City 7raffic and Transportation Manafler tor his revlew and
approval showing conformance with the latost revisians of Engineering Standard Plan Mos. 436 and
602 pertafning to parking stanciurds and driveway locations. SubJeat pmporty shall thereupon be
deve!opecl and maintained Irz canformance with said plans.
3. Tl~:;t tho remainin~ driveways on ! Incoln Avenue shatl be reconstructQd to acr,ommodate ton (10) (oot
ra:i?:is curb returns in conionnancv with Engineerfng Department Standard No. 137.
a. T~;e~ nll axlstSn~ materlal storod behind the cummerciai unit shall be rc~movc~tl.
5. Th.~t the petiifoner shall ei!hur:
(a) !'umish the Planning Oepartment with proof that the existing "wing sign" attached ~~~ th~
~-,7oppfng center (dontNication sffln is legally permitted; or
(b) Nemovo oxisting "wfng sign" attachect to the shopFin{~ ~ent~e Identifir,s~!~cn s(gn.
.2_ PC94-1G0
u. That trash storage araas shall b9 prnvided and maintained (n a location accep:able to the Dopartrrient
~~f Malntonance and in acr,ordance with appr~ved plans on file with sald Department. Sucli
Intorr~atlon shal~ be sp~cificaliy shown on the plans submitted for bullding permits.
7. That subJect property shail be dee~eloped substantially In accordance with plaris and specifications
si.ibmitted to the City of Anahelm by iha petitfoner and which plans are on flle with tho Planning
Departmont marked Exhibit Nos. 1 and 2.
a. Tl~at the owner of subject property shall submit a letter requesting terminatlon of Conditlonal Use
Permit Nus. 104 (permitting the snle of baer In conJur~ction with a rostaurant) and Conditional Use
Permit No. 1765 (permittfng a beer bar) to the Zoning Divislon if subJect Conditional Use Permit No.
;i731 is extended fo~ rnore than one (1) yoar.
9. That the property ow~er shatl pay for monthly Code Enforcement inspections, as determined to be
necessary by Code Enforcernont staff.
10. That thoro shall be no pool tables or cofn-operated c~ames maintained upon the premises at anv tirne.
11. That food service with an availabie meal shall be available up untii closing time on each day of
operation.
t 2. That subject alr,oholiG boverage Iicense shall nut be exchanged for a publlc premises type Iicenso
nor shall the business be operatoci as a public promise,.
13. That the sale of beer and/or wine tor consumption off the premises shall be prohibited.
14. That the quarterly gross sales of alcohollc boverages shall not exceed the gross sales of food or
other commodlties during the same perioci.
15. That any erderta(nment provided on the premises shall not be audible beyond tha area under tho
control of the Iicensee,
16. That the door(s) to the premises shal! be kept closed at all times during 4he operatlon of the premises
excQpt in cases oF omergency and to perrnit d~~lfveries.
t 7. Tt~at at any tirne entertA(nment and/or dar,cfng is provided on the premises, the petftic ~er shatl
provide a security guard In the parkinq lot to malntain order therein and to prevent any activity which
would intertare v+~ith the qufec anJoyment of thefr property by noarby resldents. Such security shall
be provided as deomad necessary by the Anaheim Pollce Department.
t8. That tl~ere shalt be i~ exterior advertising of any k~nd or typo, including advartising directod to the
exterior from insfde the building, promotfng or indicatfng the availability of alcoholic beverages.
19. That r~o alcoholic bevorages s~iall be consumad on any property adjacent to the Iicensed premises
under the control o( the Iicensee.
20. 7fiat the parking lot o( subJect premises shall be equipped with Iighting of suHlcient p~wer to
Illuminate and mako easfly discerniblo the appearanca and conduct of all nersons on or about the
parkinq lot.
21. That Iightinp in the parking areA of the premisos shall be directecf, posit(oned and shielded in such
a manner so as noi to unreasonably Illuminate the window areas of nearby residences.
22. That the petftioner shall be responsible for malntalning a Iltter free area adjacent to the premises over
which the petitiunar has control.
-3- PC~J4-160
23. That tho petitlonor shali not employ nor permit any person to solicit ar encourage others, directly or
Inclirectly, to buy them drinks in the licensod premises undar any cnmmission, percentage, s~lary, or
proflt-sharing plan, schemed or conspiracy.
24. That subJoct use psrmit Is hereby grante~ for a period of one (1) year and sh~ll expire on
November 30, 1995.
~5. That Condltion Nos. 1, 2, 3, 4, 5, 6, 7, ~, 20 and 21, abovo•mentloned, shall be cumploted within a
periocf of sixty (60) days from the date of this resolution.
26. That approval of this applicati~n constitutes approval of tho proposed request only to the e~~nt that
it complies with the Anahelm Municipal 2on(ng Code end any other applicable City, Stato and Federal
regulations. Approval does not include any action or iindings as tA compliance or approval oi the
request regArding any other applicablo ordinance, regulation or requlrement.
BE IT FURTHER R~SQLVED that the Anahelm Cfty Pianninfl Commissian does hereby find
and det9rmine tha4 adoption of thi.^. Resolution Is expressly predicat~d upon applfcant's carnpllance with
each and all of the conditions hsrelnabove set ~orth. Should any such condltion, or any part thereof, be
declared invalid or unenforcoable by the iinal judgmont of any cui~rt of ~ompetent Jurlsdictlon, then thfs
Resolutfon, and any approvals heraln containod, shall be d~emetl null and void.
THE FOREGUtNG RESOLUTION wa ~ opced at the Pianning Commission meeting of
November 30, 1994. _~7 ~~~ ~~
C AIRWO AN ANAHEIM CITY P NNING COMMISSION
ATTEST• uC~(~u
~ ~
SECRET7~RY, NAH . CITY PLANNING CONiMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANG~ ) ss.
CITY QF ANAHEIM )
I, Margarita Solorio, Secretary of the Anahelm Cfty Planning Commission, do heroby certify
that the (oregoing rosolution was passocf and adopted at a meetinfl of the Anahnim City Planning
Cornmisslon held on Novsmber 3G, '99~1, by the followirg vate of the mambers ttisreof:
AYES: COMMISSICNERS: BOYDS7UN, CALOWELI., HENNINGER, MAYER, MESSE, PERAZA, TAIT
NOES: COMMISSIONEHS: NONE
ABSENT: COMMISSIONER9: NOPlE
,,,,,~",,` iN WITN~SS WHEREOF, I have hereunto snt my hand this ~~L day of
~,~,~.I -N'l~l~ ~ 1994. ~
I l l l(1 n(,An ,~l t 1 l 1~~ VI.U L~U _
SECRET~A Y A AHEIFt1 CITY PLANNING CO~flMISSIQN
,q. PC94-160