Resolution-PC 96-124~~
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RESOLUTION N0. PC96-124
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 3881 8E GRANTED, IN PART
WHEREAS, the Anahelm City Planning Commiss(on did receive a vertfied Petitfon for
Conditional Use PermR for certain real property situated in the Ciry of Anahe(ri, County of Orange, State
of Califomia, descr(bed as:
PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 84, PAGES 5 TO 8,
INCLUSIVE, OF PARCEL MAPS, IN TliE OFFICE OF THE COUNT`! RECORDER
OF SAID COUNTY.
WHEREAS, the Ciry Planning Commissfon did hold a public hearing at the Civic Center
in the Cit~ of Anaheim on December 9, 1996 at 1:30 p.m., notic~a of said public hearing hav(ng been duly
given as requlred by law and in accordance wRh the provis(ons of the Anaheim Nlunicipal Code, Chapter
18.03, to hear and consider evki~•nce for and against s~id proposed condkional use permft a~d to
investigate and rnake f(nd(ngs and recommendations in connection therewith; and
WHEREAS, said Commission, after due Inspection, investigation and study made by ftself
and in fts t~ehalf, and after due consideration of all evidence and reports offered at sa(d hearing, does find
and detennine the foilow(ng facts:
1. That the proposed use is proparly one for which a conditional use permit is authorized by
Anaheim Mun(cfpal Code Section~ 18.44.050.300, 18.110.100 and 18.110.10d.050.0531 to permft a 1,163
sq.ft. expansion (outdoor seating) and on-premises saie and consumption of alcoholfc beverages in an
existing 4,390 sq.ft. restaurant (for a total of 5,553 sq.ft.) wfth waiver of the following:
(a) 8ectfons 18.05.091.02Q -
and 18.110.06Q.130
(b) Ser.t(ons 18.84.062.012 -
gnd 18.110.104
~c~ Sectfons 18.06.050.022 -
18.06.050.0231
18.06.050.0234
i 8•O6•080
and 18.110.100
Permitted number of wall siqns.
(Qn@ permitted for each tenant in Dovelopment Area 5 of Speciflc
Pian No. 94-1; three proposed)
Minimum landscaoed setback.
5 feet required adjacent ta maJor arterial highways; 27 feet
proposed along Imperial Highway)
Minimum number of oarking soaces.
4 4 required; $11 existing)
2. That waNer (a), permitted number of wall signs, is hereby denied oR tho basis that the
petftioner was previously granted approval for a second wall sign !n Development Ares~ 5'Commercial
Area" (previously the Limfted Commercial - Scenic Corridor Zone Overtay zaning) and that a third sign
would grant a special prNllege to the subject tenant space which has not been granted to other
businesses; that adaquate buslness exposure is currently provided toward Imper(al Highway and
Orangethc~rpe Avenue wkh the existfng wall sign on the east elevation; and that adequate business
identificat~on is currently provicied toward the parking lot to the south with the existing wail sign v~r itie
southeas4 (main entrance) elevation;
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3. That waiver (b), minimum Iandscaped setback, is hereby approved on the bas(s that
encroachment of the prapose~i patio dfning area into ti~~ required landscaped setback will not have an
adverse visual impaci on the theme of the su~ject commerciai center, nor on the appearance of the center
as ft i~ viewec~ from Imperial Highway due to the lower grade elevatfon of the subject property as
compared to the higher grade level ~f Imperial Highway; that there are specfal circumstances ap~icable
to the property consistinp of its topography, location arxi surroundings, which do not apply to other
identicaily z.onu.~i prnperties in the vicin'rty; and that str(ct appiication of the Zoning Code deprNes the
properry of privileg2s enjoyed by other properties under iderrtical zoning classiflcation in the vicinity;
4. That waiver (c), minimum ~umt~er of parking spaces is hereby approved because, under
the conditians imposed, said waiver will not cause fewer off-strecat parking spaces to be prov~ad for such
use than the number of such spaces nec:essary to accommodate all vehicles attributaoie to such use under
the normal and raasonably fordseeablo conditions of operatfon of such use; and that the ~arking analysis
submitted by the petitioner indicates that the project site has adequate off-street parking spaces to
accommodate the proposed resiaurant use, includ(ng the patio expansion;
5. That waNer (c), under the conditions imposed, wfil not increase the demanc! and
competftlon for parking spaces upon the public streets in the immediate viciniry of the proposed use
because there will be no restaurant-r~lated parking encroachment onto adjacen? streets as a consaquence
of this applfcation;
6. That waiver (cj, under the condR(ons Imposed, will not increase the demend and
competition for parking spaces upon adjacent privatd prope~ty in the Immediate vicinfry of the proposed
use (wh(ch property is rot expressly provided as parking for such use under an agreement in compliance
wrfth Section 18.Ofi.010.020 of the Anaheim Municipa~ Code) because no increase in the amount of patrons
visft(ng the sfte Is expected since the restaurant seating capacfty will not ba increased 2nd that, therefore,
ths demand and competition for parkfng spaces should not be Increased or encroach on ad;~cent privafe
properry;
7. That waiver (c), u~xler the conditions irt:posed, will not increase traffic congestion wfthin
ihe off-street parking a*eas or lots provided for such~use ~~ ~ a~~ outdoors) and, therefora, will ot
restric~ed to the curren. maximum 118-seat capacity (
cause increased traffic congestion or the need for increased parking;
8. That waiver (c), under the condftions impused, w(II not impede vehicular ingress ta or
egress from adjacen[ properties upon the public streets in the immodiate viciniry of the proposed use
bac2use access to tho parking I~t is available only'.rom three access drives from the property to the west;
and that the existing v~lume of 4rafftc irom the park!ng lo~ is not expected to Increase and, therefore, will
not impede traffic ingre.ss to, or egress from, said access drives;
9. That tha proposed use is properly one tor which a conditional use permit is authorized by
the Zoning Code in Development Area 5"Commercial Areg' of tha Northeast Area Speci~c Plan (aP 94-1),
and that subject use, as condftioned, is compatible with the nearby surrounding commercial uses;
10. That the proposed usa w(If not adversc~ly affect the adjo(ning land uses and the growth and
development of the area in which ft is proposed to bo located because the submttted plans indicate that
the primary us~ of the restaurant will be food serv~ce, and the INe Antertainment (music) ~~~~II be a minor
accessory use that N:II not be a deMment to the Immediate nelghbofiood;
1i: That th9 size and shape ot tho site f~r the proposed use is adequate to allow the full
development of the p~•oposed use In a manner not detrimer~tal to the particular arex nor to the peace,
health, safsty, and general welfare;
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12. That the traffic gansrated by the proposed use will not impose an ur~due burden u~,on the
streets and highways designed and Improved to carry the traffic in the area;
13. That thc grantir:~ of the candhional use permft under the ceixlitions imposed, 'rf any, wiil
not be det~Imental to the peace, health, safery and general wetfare oE the cttizens of tt,e City of Anaheim;
14. That the Anaheim Pdice Depanment recommerxis approval of the proposed restaurant
with on-pr~mises sale and consumption af alcohdic beverages because of the family-type nature of the
restaursnt; and .
15'~, That no one Indicated their preser;ce a4 said publfc hearing in opposition; and th~1t no
conespondena4 was received ir+ opposftion to the subject peti~ion.
[`AL'FORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That tha Anaheim City Planning
Commission h~~s reviewed the proposal to perm:i a 1,163 sqi~are-foot expansion (outdc,or seating), and
on-premises saie and consumption of alcohoUc beverages for an existing 4,390 : quare-foat restaurant (for
a totai of 5,5..~ squa~e-foot) wfth waNer of the permitted number of wall signs, minimum landscaped
set~ck and minimurr+ numbe! of par{cing spaces on an irregularly-shaped parcel consisting of
approxfmatelu 4.4 acres located ~orth an~ northwest of the northwest corner of La Palma Avenue and
Imperial Highway, having approximate frontages of 60 feet on the north skie of La Palma Avenue and 708
feet on the west side of Imperial Highway, and furthar descrlbed as 5645 East La Palma Avenue, #170
(Fescari's Italian Cuis(ne); and does hereby approve the Negative Declaration upon flnding that the
declaratfon reflects the independent judgement of tne lead agency and that ft has considered the NegatNe
Declaration together wiith any comments receNed durfng the pub8c rev(evu process and further f(nd(ng on
the basis of tFe inh(al study and any comments received that there is no substantial evidence that the
project will have a signiflcant effect on the environment.
NC~VV, 7HEREFORE, BE IT RESO4.VED that the Ar~ahe(m Gity Planning CommEsst~ ~~ does
hereby grant subJect Pat(tfon for Condfttonal Use Permft, in part, upon the following condftions wh~ch are
here~y found to be a nece.~sary prerequisfte to the proposed usr~ of tha subJect properry in order to
preserve the safety and generai we~fare of the Cftizens of the City of Anaheim:
t. That sub~ect establ(shment shall be operated as a'Bona Fide Public Eating Place' as defined by
Ssction 230?8 of the Caliiomia Businsss and ?rofessions Cocle ai~d by Secticn 18.01.190 "Restaurant
with on-premises sate and consumpt(on of alcohdic beverages" ~f ths Zoning Code.
2. That thsre shall be ne bar or lounge,mainteined on the proFerry unte.ss I(censed by Alcohdic
8everage Cuntrd and approved by the City of Anaheim.
3. That food servlce, with a full rtaeals, shall L•e avalla~le from opening time untl~ efther 11:00 p.m. or
aosing time, whichever accurs first, on eacli day of operation.
4. That the~e shall be ~o pool tebles or coin-oGserated amuseme~t games nutintained upon the prerr~fses
at a!~y tim~.
,. That the!e shall be nn all outdoor Eintertainment or music permitted ~~t any time.
6. That there shall be a'maximum ;N or;e h~;~dred elghteen (118) seats (both indoors and outdoors) at
any time.
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7. That the gross sales of alcohdic beverages shall not exceed forty percent (40%) of the gross sales
of all other retail sales during 2ny three (3) month pe~lod. The applica~t shali mafntain records on
a quartc~rty basis indicatfng the separate am~~:~nts ~ sales of alcoholic beverages and other ftems.
These records shall be made availsble, and sub~ect to audft when inspaction is requested by any
Ciry of Anahe(m offic(al during reasonable business hours.
d. That there shall be n~ INe entertainment, arc~p~ffiad music or dar.c(ng permitted on :he pr9mises at
any time without prior issuance of praper permfts, as required by the Anaheim Municipal Code.
9. That the sale of alcohdic beverages `or consumption off the premises shal! be prohibited.
10. That there shall be no exterior advertising of any kind or type, incl~ding advertisfng directeci to the
exterior from inside, promoting or indicating the availability of alr.ohd beverages, with the except(on
of one (1) sign indicating 'cocktails'
11. 1'hat the actfvities occurring in conjunction wfth the operation of this escablishment shall not cause
noise disturbance to sunounding properties.
12. That sales, service and consumption of alcoholic beverages shall be permitted only between the
h~urs of 10 a.m. arxi 12 a.m. seven days a week with the exception ot New Year's Eve.
13. That 3he business operator shall comply with Section 24200.5 of the Business and Professions Code
so as not to employ or permit any persons to sdicft or encaurage others, dirr+ccly or inciirectly, to buy
them drinks in the licensed premises under any commissfon, percontage, salary, or other proitt-
sharing plan, scheme or conspiracy.
14. That all doors serving sub~ect restaurant shall immediately conform to the requfrements of the UnHorm
Fire Code and shall be kep: closed and unlocked ac all times during hours of operation oxcept for
ingress/egress, to permit deliveries, and in cases of emerge~cy.
15. That there shall be no coin-operated tetephones on the property located outs(de the buildlr.g and
wfthfn the control of the applicant.
16. That th~ portion of this condfiional use permft regarding the salec of alcohd shall expfre one (1) year
fmm the date of approval of this resdution uniess a valid Ncense has been issued by the CalHomia
Department of Alcohoiic Beverage Contrd.
17. That the proposed outdoor dining area shall .be completely enctosed by fencing or other such
permanent structure as approved by the City and ;he Alaohd(c Beverage Control, at least thirty six
(36) inches in 3ight, into which entry is posslble oniy from the inte~for of the business. Emergency
exits required by the Unfform Ffre Cod~i shall be maintained, but not utflized by patrons/employees
other than in an emergency.
18. That the c•wner of subjeat property shall submit a letter requesting termination of Conditiona! Use
Permft No. 3531 (to permR on-premises saie and consumption of beer and w(ne) and Variance No.
2974 (to waive maxfmum structural h~ight and m(n{mum larr.iscaped setback for the construction of
a commercial oHice build(ng) to the Zoning Divis(on.
19. That, in the everrt a danco floo: is p!ovided tor subJect (acility, the location ol said dance floor s~ •all
be provided on a plan to be reviewed and approved by the Planning Commisslon as a'Reports and
Recommendations' ftem.
(Conditlon IYo. 20, odyinally recommendeci by stefl, was deleted by the Planning Commission.)
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21. That the metal storage shed located on the north side of the subject buiiding shall be removed.
?2. That the unpermitted wood sign located on the nurth elevation of the subject buDding shall be
removed unless a separate variance is appl(ed for and approved by the Plann(ng Commiss(on.
23. That the Bird of Paradise plants located on the east skle of the proposed patio area shal{ bo
presen;ed or relocated around the perimeter of sakl patlo and, further, that larxiscaping shall include
vines and shrubs adjacent to the patio wall pilasters and the fountz`.n walf on the 9ast elevation.
24. That the outdoor seating area shall nQt include a patio cover.
(Gondition No. 25, originally recommended by staH, was deleted by the Planning Commission.)
26. That any tree which is damaged or removed as a resuit of the propos~id construction shaA be
replaced with a minimum twenry four (24) inch box tree oi the same vari~ry.
27. Tt~at ihe petRioner shail be responsibie for maintaining a litter free area adjacent to the presnise& and
within control of the applfcant.
(Conditlon No. 28, originally recommended by staH, was deletedby the Plenning Commisslon.}
29. That subject piaperty shall be developed substantially in accordance wfth plans and speciticatfons
submitted to the Ciry of Anahe(m by tha pethioner and wh(ch Wans are on tile wfth the Planning
Department marked Exhibft Nos. 1 and 2; provided, however, that a maximum of one hundred
eighteen (118) seats (both indoors and outdoorsl shall be permltted at any time and that the wall
signs shall be Iimited to two (2) as previously approveci in connection wfth Variance.No. ~i156.
30. That the approval of subJect condftional use permft shall be contingent upon approval of Condftional
Use Permit No. 3253, as readvert(sed, to permft an additional ene thousarxi one hundred sixty three
(1,t63) sq.ft. of restaurant usg wfthin the subject comme~cial centc~r.
31. That priar to commencement of the activiry her~?~ approved, or prio~ to the construction o( tne
outdoo~ dining area, or within a period of ~~e (t) year irom tha date of thfs resdution, whichever
occurs iirst, Condi?:on Nos. 18, 19, 22, arxl 30, above-ma~!loned, shall be complfed with. Extensions
for further time to comp!ete said conditions may be granted in a~cordance wfth Sectfon 18.03.090
of the Anahelm Municipal Code.
32. That p~ior to f(nal building and zoning tnspections, Condition Nos. 17, 23 and 29, above-mentioned,
shall be complleci with.
33. That wfthfn a perfod of thfrty (30) days irom the date of this resolutfon, Condftion Nos. 21 and 22,
above-mentfoned, shall be completed.
34. That approval of this application constkutes approval of the proposed request only to thA extent t.hat
ft complies wfth the Anahelm Municipal Zonin~ Code end any other applicable City, State and Federal
regulations. Approval does not indude any actlon or flndings as to complfance or app~oval oi the
requsst regarding any other appUcable ordinance, regulatfon or requfrement.
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BE IT FURTFlER RESOLVED that the Anaheim City Planning Commission does hereby Md
and dete:mine that adoption of this Resdution is expressly predicated upon applicanYs compliance with
each and ali of the conditions hareinabove set forth. Should any such condit~on, or any part thereof, be
declared invalid or ur~enforceable by the flnal judgment of any court of competent ju~isdiction, then thls
Resdution, and any approvals herein contained, shall be deemed null and vo~l.
THE FOR~GOINC RESQLIlTION was adoptod at the Planning Commission n~eeting of
December 9, 1996• /~~ ~~ ~
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CHAIFiMAN ANAHEIM CITY LANNING COMMISSION
ATTEST: .
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SECREfARY, A AHEIM CITY PIAhNING COMMISSIQN
STATE OF CALJFORNIA )
COUNTY OF ORANGE ) ss•
CITY OF ANAHEIM )
I, Margarita Solono, Secretary of ti;e Ar+ahefm City Planning Commiss(on, do hereby certify
that the tor~goin~ resdution was passed and ad~opted at a meeting of the Anaheim Ciry Planning
(;ommissibt: held on December 9, 1996, by the tollowing vote of the rt-embers thereof:
AYES: COMMISSIONERS: BOSTWICK. BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: C~MMISSIONERS: NONE
ABSENT: COMMISSIONERS: NaN~
an~~ ,
IN WITNESS WHEREOF, 1 have ~oreunto set my hanci this ~ day of _`-~_~~
~sss. ,~ • ,
~~~Il..~'i v~-u v
I Cli ~ -
SECREiAHY, AN E!M CITY PLA~JNING COMMISS~ON
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