Resolution-PC 94-161RESOLUTIQN NO. PC 4-1 1
A RESOLUTIQN OF THE ANAHEIM CITY PLANNIN~ COMMISSIC~N
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3729 BE GRANTED
WHEREAS, the Anaheim City Pl~nnfnq Commission did recoive A vorifled Petftlon for
Condltional Use Permit for certain rAal prnpeKy situated in tho Cfty uf Anaheim, County of Orange, StatQ
of California, described as:
THE EAST 279.33 FEET OF THE SOUTM TWO ACRES QF THE SOUTHEAST
~UARTER OF 7HE NORTHEAST QUARTER OF THE NORTHEAS7 ~UARTEFi OF
SEC~ION e, TOWNSHIP 4 SUUTH, RANGE 10 WEST, IN TH~ FiANCHO LOS
CQYATES, IN THE CITY OF ANAHEIM, CaUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER M~4P iiECORDED IN BOOK 5i, PAGE 10 OF
MISCELI.ANEOUS MAPS, IN THE OFFICE OF THE. COUNTY ~EGORDEFi OF
SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hoarfng at the Civic Center
in the Clty of Anaheim on November 30, 1994 at 1:30 p.m., notice o.' sald public F~earfng havinfl been duly
given as required by I~w and in accordance with the prc~vislons of the Anahelm Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permlt and to
investipate and make tindings and rocommendati~ns in connectlon therewith; and
WHEREAS, saic! Commission, after due inspection, InvestiQation and study made by ttself
1nd in fts behalf, ttnd after due cunsidaration of all evidence and reports offered at safd hearlnp, d~os i,nd
and dotermine the followfng facts:
1. That the proposecl use ts prnperly one tor which a conditional use permit is authorized by
Anahoim ~Auniclpal Ccde Sectlon 18.44.050.010 to permit the on-pramfso salo and eonsumpti~m of beer
and wine fn conJunr,tfon with a proposed full service restaurant with waiver of the follo~ving:
,Sections 18.0¢~Q~QQ.2,~_1. - Minimum number of ~arkina spaceg.
18,Q6.OQ0 (@~ requir~; ~.4 recommended by the parking study
and 18.44•066.Q50 and concurred with by the City Trattic and TranspurtaNon Mana9er)
2. That the parking varianco will i~ot cause an Increase (n traffic congestion in the immafiate
vicinfty nnr Adver~oly aHect any adjofnin~ land uses and that the City Traffic and Transportetion Managdr
I~as determined that thore are enough existlnq parking spacas to accommrxfate the speciffc proposed use;
3. Thot the ~ranting of the parkfng variance under tha conditians Imposed will not bo
cletrirriental to the peace, haalth, ~zfety or general weltare of tho citizens of tha City of Anaheim;
4. That the proposed use fs properly one f~r which a conditional use permit is suthorized by
tho Zoning Code;
5. That the proposed use will not adversely aifect the adjoining land usas and the flrawth and
wel nlotnegatively impact~the siurroundipg a ea be ause~ eto au ant istoeen~tled~owar~is'Euc d Street
6. That the size and shapa oi the site tor the proposed use is adequate to allow tho full
dovelopment ~f the propo~ed use in a manner not detrimentai to the particular arAa nor to the peace,
health, safety, and general welfare;
_1. PC9A-161
CR2255MS.WP
7. That the traffic generated by the proposod use will not Impose an unduo burden upon the
streets and highways designed and improveci to cArry the traffic in the area;
8. That the granting of tl~e conditional use pormit under the conditlons Im~osed wlll not be
detrimental to the poace, health, safety and general wolfare of the citizens o! the City of Anahelm; and
9. That no one indicated their presenco at sald public hearing in oppositlon; and that no
correspundonco was received In oppos(tion to the subject petEtion.
,~Ri IFORNIA ENVINONMENTAL QUALITY ACT FINDIN : That the Anaheim C;ity Planning
Commission has reviewed tho proposal to permit tho on-premise sale and consurnQtion of beer and wino
In conJunction with a proposed full service restaurant with waiver oi minimum r.umbor of parking spaces
on an frrogularlysliaped parcel of land c~nsisting of approximately 0.78 acre, hAVing an approxlmate
frontage of 132 (eet on the west side of Eucl(d Street, having an approximate depth of 226 feet, beinp
located approxlmt~tely 130 f~et nortt~ of the centerline oF Glenoaks Avenue and further doscribed as 821-C
North ~~uclid Street; and does hereby approve the Negatr:~ Declaration upnn finding that the declaratlon
retle~ts the independent ~udgoment of the lead agency and that it has considered the Negative Declar~tlon
together with any comments received during the puhlic review process and further flnding on the basis
ot the Inftial study and any comcnents roceived that there Is no substantial avidonce that the pru~ect will
have a significant eNect on tho en~dironment.
NOW, TNERtFORE, BF IT RF.SOLVED that the Anaheim City Plannfng Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions whi~h are hereby
found to be a nocessary prerequlsite to the proposed use oi th~ subJect proporty (n ordor to preserve the
satoty and g~noral welfara of the Citfzens nf the Ciry of Anah~im:
t. That a plan sheet for solid waste storage and collectlon and a~lan for recyciing shall be 3ubmitted
to tho Dopartment of Maintonance for review and approval.
2. That subJect property shall be devoloped ~ubstantfsally in accordance wfth plans and specificattons
submitted to the City of Anaheim by the petiNoner and whicti plans are on file with the ?Iai.niny
Department markad Exhibit Nos. 1 and 2.
3. 71~at sales, service and consumption of alcoholic beverages shall be permitted only during tho
following lime~:
Sunday through Thursday: 9:00 a.m. to 9:00 p.m
Friday and Saturday: 11:30 a.m. to midnight
4. That there shall be no bar or lounge area upon ihe licensed premi~es malntained for tha purpoaes
of sa(e, snrvice or consumption oi alcoholic beverages directly to patrons for consumption.
5. That focxl service whh available meals shall bA avallabto up until closing time on each day of
operation.
6. That subJect alcoholic beverage Iicense shail not bo exchanged for a publlc premises type Ilcense
nor shall the premises be operated as a pubiic premisos bar.
7. That ihe sale of bear and/or w(ne for consumption off the premises shall be prohibited.
8. That the quarterfy gross sates of alcoholic beverages shall not exceed the gross sales of food or
other commoditfes d~ring the same pariod.
_2_ PC94-161
9. 7hat n4 am~,lilled Iive ontertainment or dancing shall be permitted on tl~e premises at any time.
t Q. That the door(s) to the premi;es shall be kept closed ut ail times during ttio operAtion of tl~s premises
except In r,ases of emergen~:y and to perrnit deliveries.
11. 7hut there shall be no exterior advart(sing of any I<ind or type, including advertising dirocted to the
exterior irnm inside the buflding, promoting or indicating the avallabitlty of aicoholic beverages.
t2. 71;at there shall be no pool tablos or coln•aperated games maintalned upon the premfses at ~ny time.
13. That no afcoholic bevorages shall be consumad ~~n eny adJacent property under tho control oi the
applicant.
14. That the portion of thi^ co~~dRionHl use permit rogarding thv sales of alcohol shall expire ono (11 year
trom the date of opprovat unless a valid Iicense has been issuod by the CalHornia Department uf
Alcuholic 8evera~o Control.
t5. T'hat the employess shall park in the rear parking lot.
1 G. 7hat prior to issuance uf a bufldinn permit, or prlor to cummencement of the activity herefn approved,
or within a purtod ot one (', rom the date of this resolutlon, whichever occurs lirst, Condicion
No. t, above•mentioned, shaU bu complfecl with. Extenstons lor (urthor tfine to compieto said
cunditions may be grant~d tn accor~ance with Section 18.03.090 ct the Anahetm Munlc(pat Code.
17. 7hat prior to c~rnmenc~ment o( the activity here(n ApprovQd or prior to linal bufiding and zoning
inspections, wt~!c!~ever occurs first, Condition No. 2, abcrve-mentioned, shall bo complied with.
18. i r~at approval of this application constitutes approval of the proposod request onty to the eMent that
ft complfes with tha Anaheim Munlcipal 'lonfng Code and any other applicable Ciry, State c+nd ~oderal
r~ulatlons. Approval does not include any actlon or findings as to compliance or approval o( the
reyuest regarcJing any ~~thor appllcaWa ordin~nco, regulatfon or requirement.
8E IT FIJRTNER RESOLVED that the Anaheim City Planning Commission doos hereby lind
and r..,tarmine that ado~stion of thls Resolution fs expressly p~c~dicatec! up~n applicant's compliance with
each ancl all of the c~nditfons herelnabove set torth. Should any such condttian, or any pert ttie~eot, be
dectared Invafld ~r unentorceable by the Iinal ~udgment ~t any court of competent ~u~isdictton, then this
s tosnl~rtion, and any a,~prc~vals herein contained, shall bo deemed ntdl end vo~i.
TNE FOR~GOING RESOLUTION was udopted at the Planning Commisslon meetfng of
November 30, 1994. ^ ~
~L'a l~l J%~~' , G;~~q~.a,~'1=
IAIRWUMAiV MIAHEIM CITY Pl'ANNING C0IAMISSION
ATTEST:
%~~,~;~t~, u~~C~'r,~c, rc~c,
5ECR~7AHY. AYVAHEIM CITY PLANNINfi COMMISSIUN
l
.a. PC94-161
STATE OF CALIFORNIA )
COUN'PY OF OFiANGE ) ss.
CIl'Y OF ANAHEIM )
1,1Aorgarita Snlorio, Secrntary of ttio Anaheim Gity Planning Con~misslon, do hereby certify
that tho foregoing resolutlon was passed and adopted at a meeting oi the Anaheim Clry Pianning
Commission held on November 30, 1994, by the iollowing voto of the members thoroof:
AYES: COMMISSIONERS: DOYDS7UN, CALDWELL, HENNIfVGER, MAYER, MESSE, PERAZA, TAIT
NOES: COMMISSIONEFiS: NONE
ABSENT: CQMMISSIONERS: NONE
~,~,~p~ IN WITPICSB WHEREO~, I have herounto set my hand thfs _~L day of
~~~ ~,~"'~""" ~ 1994. ~)
SECR AR~ ANA EIM CITY PLANNING COMMMISSION
.q. PC4~4•161