Resolution-PC 96-44~ ~
RESOLUTION NO. PC96-44
A RESOLUTION OF THE AN/+HEiM CITY PWMNING COMMISSION
AMENDING CER'rAIN CANui IQNS OF APPRQVAL OF
RESOLUTION NO. 94-119 ADQPTE~ IN CONNECTIQN WITH
CONDITIONAL USE PERMIT NO. 3703
WHEREAS, subject property is currently devoloped with a 30,500 sq• ft. Industrial buUding at 26~0 -
262pEast Katella Avenue and zoned ML(FP) 'Umfted Indust~lal - Fioodplain Overiay.'
WHEREAS, on September 7, 1994 the PlanNng Commission adoptod Resdution No. 94-119 to
approve Condfttonal Usa Pem-ft No. 3703 and permit a planned unft commercial st:~pping center, !nduding
a 14,000 sq.ic. seml-endosed restaurant (m~rotxewery) with on-premises sale and consumpUon of beer and
wino in a 30,500 sq.R industrlal complex, and with waNer of rninimum number of parking spaces; and that
no further acUon was taken by the Cfty CauncY.
WHEREAS, petftio~er propnsos to expand the prevlausiy approved on-Premisas saie and
Consump4lon d beer and wfne t0 o~-prernises sel9 end ~xrtpUorl d alcoholic beveragea; 8nd that Ule
petitioner has also sutxnitted detaYed flnal floor Plans a~d inte~lor elevation drawings Qabeiai Exhibtts A
through E~ for revlew and approval as being in substantiai conformance wich tf~e previously-approved floor
pla~s.
WHEREAS, the Gry Planning Comm(ssion did hdd a publ~ hear(ng et the Civ~ Center In the City
of Anahelm on AprU 15,1996, at 1:30 p.m., notk:e of said pubtic hea~ing having been duly gNen as required
by law and in accordance wfth the provisions of ihe Maheim Municipai Code, ChaptAr 18.03, to hear and
consider evfde~ce for and egainst said proposed amencment arod to frneFtlgate snd make @ndings and
recominendations In connectlon therewfth; and that said pu~i~ hea~ing was cantlnued to the May 13,1996
Planning Commisslon meeting; und
WHEREAS, sald Commission, a(ter due Inspection, Irnestlgation and study made by itself end in
fts behalf, and atter due considereUon o( al~ e4'idence and repons oHered at said hearfng, does 8nd and
deteRnine the following tacts:
1. That the proposed amendment is necessary to ~er-nft reasonable operation under the use
permit as or(girally grented;
~. That the proposed use, as amended, is properly one for wFaich a condftlonai use pem~~ ~s
authorized by the Zonfng Code;
3, 7hat the proposed use, as amendeJ, wUl not adversely affect the adJoining land uses and
the growth and developmerrt of the area In wh~h R is proposed to be located because the additlonal
a~oonaio beverage servfce In cne proposed resteurant (es snown on che subn,icted nna~ plens> is a
compatible use In the c~r-text d the surro~x~diny erea;
4. That the size and shape d the ske for the proposed use, as amended, is edequate to ailow
the full development of the proposed use fn g manner nc+f det~lmental to the peRlcular area nor to the peace,
healt~h, safery and general weHare becrause m the on-premfses sale and consumption of alcohd~ be~erages
wll: bE in conju:, ction with the proposed restaurarrt oper ~~tions (meal serv(ce) arxl (!n 4he petttioner st(pulated
that the facptty wpl remain a restaurant and wNt not E3ec~me a nightdub or bar,
5. That the traffi~ g~nerated by the proposed use, as amended, wUl not Impoae an urxiue
burden upon the sVeets and highways designed and improved to carry the tra:fic in the area because the
restaurant/m~rolxe~Hery portlon of the 30,500 sq. ft. retail center has been reduced f~om 14,OU0 to 10,684
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6. That amending the condftional use pertn~, under the condftions imposed, wtll not be
detrimental to U~e peace, health~ safetY arxJ general we~fare of ir-e citizens oF the City of Anahe~m.
7. That the ftnal floor pians are a sfgniflcan: ImExovement over the prevlously appro~ `~1 plans
and that the petRtoner submftted detalied ir~formation .segarding the operatbn of the resta~~rant IndlcaUng
that a~IgntflcaM portlon oF the restaurant business wGl be food servfce;
8. That tFxi Anaheim Pdice Departmerrt does not oppose the Pn~Posed on-premises sale of
alcohol~ beverages because of m the restauraM's un{~ue locatlon and (in tl~e on-premises alcohd~
~o~~e ~;,~, a~ condftioned, wNl not be a detriment to the immedfate nei~hborhood and should not
create acic,itbnal servlce cal~s for the area; arx!
s. rnac no «,e Indicaced u,ek prese~ce at sa~d puak hearl~-p In oaPoskion; and cr~at r,o
c~espondence was rece~ved 6~ oppoekbn to the subject Peikion.
.~~..~.ue ~t~nnonutl~~ct~IT'pl ni tAi ml ACT FlNDING: TF~aY :he Mahelm Clty Plannlr-g
Commfssion has reviewed the proposal and does hereby flnd that the NsgatNe Dedaration prevbuslY
approved ir~ connection wkh Condttlonai Use Permit No. 37C3 is adequate to serve as the required
ernironmentaJ cixumeMatbn in connectlon with this request uP°~ fir~d~~9 ~t the dedaratlon ~eflects the
fndepondeM Judgemerrt d the leed agency and that ~t has considered the prevlousiv approved Negative
Declaration together wfth any comments received during thP pttbltc revlew prc~cess and turther flnding on
the basls of the Initial study and any comments recehied that .,~e is nc~ substantial evidence that the proJect
wUf have a signiFlcant effsd on the em+ironment.
NOW TF'.EREFORE BE IT RESOLVED thst the Planning Commisslon does hereby amend
Resdutbn No. PC94-119, adopted in connection v~ch Condnional Use Permit No. 3703, es follows:
(a) MndHy the previously approved co~dftional use, under authority bY anahsim Munkipal Code Sections
18.61.050.310 and 18.61.050.390, to ~c a so,500 sq,it. planned unU commercial shoppin9 center.
Induding a 10,6&S sq. ft. saml~endosed restauraM with on-Prernises sale and consumptbn of alcohol~
bevera~es~ arxi
(b) Amend thd c~~dftlons of apprava~, In thek entfrety~ to read fdlowa:
t. That the minimtxn nu~nber ot park{n9 spaces requlred by Code shali be avaAable for su~ject
proposal. If any off•sae parkinq spaces are provided un the adjacerrt Orange CouMY ow~ed
Pr~nY to satisy the Cade requirement~ e Park~n9 agreement between the subjsct Pro,vertY
owner and the CaunY d Orange aheil be submitted to and approved by the Ciry AttomeY's Office,
and submitted to the Zoning Dlvfslon fdlowing recordaSlon wich the Office o( the Orange Caunty
Recorder. Thia c~~dkional use pemi~ shall be valkl dnly If Code requirbd perlcing Is aveilebia.
2. That subJect restauraM stx+ll contlnuouslY adhere to the idlowing condftbns, as required by the
Pdice DepartmeM:
F~ ~ervlce, including meals. shaU be avapable uMN 11:00 p.m. or dosing time, wh~hever
occurs fl~st, on every day d operation.
~~~k ~~~ ~~~ ghg~~ ~pt be gxchanged iof e public promiaea type lk~,ense
~ gh~l the prernlges be operated as a publ~c pr~etasr.
That the retaN aale of alcohoiic t+evera9es for p~~blic consumption off the premises shall be
ProhiWted.
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d. That the gross sales of alcoholic beverages shall not exceed forty (40) percent of the total
gross sales oF all retafl sales during any three (3) month period. The applicant shal~
mafntain records on a quartedy basis indicating the separate amounts ofi sales o' alcoholic
beverages arxi other ttems. 'These records shail ke made available for Inspection by any
City of Anahetm oificial when requested•
e. EntertainmeM provided on the premises sl~li not be aud(ble beyond the area under the
contrd uf the business.
f. The exterior doors shall be kept dosed at ali times during the operation of the premises
except In cases of emergency and to permft delive~les.
g. There shall be no more than two (2) exterior advt~rtfsing devices of any kind or rype (such
as sig~s), indr eding advertising directed to the exterlor ftom inside the bu',lding, promoting
or irtdkating th;a, availabUiry of aicohol~ be~+erages.
h. That there shall` be no Ifve orrtertainmeM, amplEfled muslc or dancing permftted on the
premfses 2t any time wkhout flrst obtafning a~l proper permits as requf~ed by the Anaheim
Municipal Code.
!. The parking lot of the premises shall be equfpped wfth IlgMing of suFficient pc~wer to
illuminate and make easily discemible the appearance and conduct of all persons on or
abouc the parking lot. 7he IlghUr,g in the area shall be sh(elded to prevent unreasanable
liiuminatlon of the window areas of nearby businesses.
j. The numbe~ of psrsons attending any event at subject properry shall not excee~ the
maximum occupancy Ioad as determined by the Anaheim Fire Departmerrt. Signs
i~dicating tha max~mum occupancy shall be prominenUy dispfayed within the premises.
k. No alcoholic beverag~s shall te consumed on any property adJacent to t~h~ ~ emises under
":he caMrd of the applicant
\ 0. Sales, servke and consumption of alcohol(c beverages shall be permitted on~Y between the
hours of 10:00 am. and 2:00 a.m.
m, At any time entertainme~t fs provided on the premises, the applicant(s) shall provide a
maximum a# three (3) unfformed security gutards (who shFil! comply wfth all requirements
of thA CalHomla Department of Consumer Affairs and the Anaheim Mun~ipal Code) to
main4aln orcfer theretn as directed by the Anahefm Pd~e De~artment.
n. There shatl be no pod tables or c~atn-operated g°mes mafntained upon tne premises at any
Ume.
o. Subject business shall not employ oR permit any persons to solicft or 3ncourage others,
direcUy or IndirecUy, to buy them drinks in the licensed prem(ses under any commisslon,
percentage, salary~ or other proHt-sharing plan~ s~:Frame or conspiracy.
3. That a plan sheet for solid waste stora9e and ~d~ect~°~~ and a plan for recyding shall be
su~mittod to the DepartmeM o~ Nlaintenance for review and approval.
4. That any proposed f~eestand~n9 ~19~ on guMect properry shall be a monumerrt-type not exceeding
slgM (8) feet in heigM and shall be sub~ect t~ the prior revlew and aPPra~a~ of the Cfry Trafflc ~nd
Transportatbn Nlanager to detertnine adequate Iines-9f-sight
5. That, 1~ addition to the restaurant, there shall be a maximum of eigM (S) retafl units permttted.
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6. That subject property shall be developed substanttally in accordance with plans and specfflcations
submfKed to the Cfry of Anahefm by the potftioner and whlch plans are on flle with the Planning -
DepartmeM identifled as Exhibft Nos. 1 through 4, and Exhibft Nos. A through E(restaurant).
7. That the fdlowing accessory uses may be permftted 'or subject planned unit commercial
s~PP~~9 center:
a. Cellular servics and/or dist~ibution
b. Bakery, sales arxi/or preparation and distribution Iimfted to facARies wfth up to ten (10)
customer saats
c. Food releted sales snd preparation and dfst~ibution Iimited to facilities with up to ten (10)
customer seats
~+, qoth(ng and apF+aref sales and disMb;~tion and/or assembly
e. ConFecibnery and/or carxly store
f. Photo store
g. PhoYOgraphy studb
h. Coln shop
i. Sporting goods store or related type
j. Sports related parephemalla or colloctibies sales arxl assembly and/or distribution
k. Ticket agency
I. Travei
m. Hobby shop
n. Jewelry sales, disMbution and/or assembly
o. Inte~lor design or related use (t(le, bath accessories, etc.)
p. ' Retaq sup~iy stores induding but not Iimited to vehide accessories and parts, books,
hardware, pet shop, toys
q. ReMal aervices
r. Athletic shoes sales arxi tiistributbn
s. Recreatfonaf-type store (exerclse equipmer~t, etc.)
t. Aquai~ related sales, services and/or distribution
u. General office use
8. That prb~ to Issuance of a bu9ding pemiit, or prior to commencement of the actNity herein
approved, or within a period of one (5) year ftom the date of th(s resolution, whictiever occurs
flrst, Condftton Nos.1, 3 and 99, herefn-mentioned, shall be ~m~lied with. Extensions for further
time to complete safd condftbns may be granted in accordance wfth Section 18.03.Q90 of the
Anaheim Municipal Code.
9. That pr(or to flnal buUotng F,nd zoning inspections, or prbr to commencament of ihe ac:Nity herein
approved, whicheve~ occurs flrst, Condftion Nos. 6 arxl 19, hereln-mentioned, shall be complled
wfth.
10. That appnval oF thts appl~ation r.anstitutes approval of the pro~osed request only to the exterrt
that it complies with the Anaheim Mun~ipal Zoning Code and any other applfcable City, State snd
Federal regulations. Approval does not include any action or ftrxiings as to compl(ance or
approval of tha req~est regardfng any other appltcable ordinance, regulation or tec~utremeM.
11. That the grareting d the parlc(ng waNer Is «~Mingent upon operatton of the use in conformance
Hrkh the assumpttons`~eleting to the~ operatfon and irrtensfty of use as contained in the parking
~emand study that formed tFva F~is for approvat of said waNer. Exceeding, violating, iMensffying
or otherwtse devlaW~g fra~ any d satd assumpitons, as contalned in 4he perking demsnd study~
shafl be deerned a v{olaUon of the oxpresaed conciftfons impoced upon said variance whtch shall
subJect that variance to termination or modification pu~suarrt to the provistons of Sections
18.03.091 ar-d 18.C~3.092 of the Aneheim Munfc(pal Code.
12. That the establishmerrt shall be operated as a'Bana Fkie Public Eating Place° as deBned by
$9Ct10~1 23038 Of t~P ~,2~{fOR111 BUS~f19S8 E~ PfOf@SS~O~IS CiOdb.
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13. That there sh~ll ba no bar or tounge maintatnsd on the property unless Iicensed by Alcohdic
Beverage Ccntrd and approved by tha City of Anaheim.
14. That the activfties occurring in conjunction with the operation of this Qstabiishment shalt not cause
noise disturbance to surrounding propenies. ,
15. That sales, service and consumptlon of alcoholfc beverages shall be pem'irited only betwaen the
hours of 10:00 a.m. ~s 2:00 a•m. each day of the week
16. That all daxs serving subject restaurant shall conform to the requirements of the Uniform Fire
Code and shall be kept dosed and unlocked at all times during hours of operation except for
ingressjAgress, dellvo~ies, and in cases of amergency.
17. That there s~hall be no cdn-oPerated telephor~es on the property located outskie the building arxl
wtthin the coMrd of the appllcarrt.
18. That the poriton of thls pemiit regarding the on-premtses sale of aicohd sh~ll expire one (1) year
from the date of this resolutinn unless a vaiid Ilcense has L~en issued by the Calffomfa
Department of Aicohol~ Bevera9e Contrd.
19. That any outdoor dining area shall be completely endosed by fenc(ng or other such permanerit
structure as a~{xoved by the Cfty. Said enclosure shall oe a minimum forty (40) !r!ches in helght
and entry into ihe e~dosure shall be possible oniy from the interior of the business. Emergency
exfts required by the Uniform Flre Code shall be rc~aintalned, but not utflized by
patrons/employees other than in an emergency. Said enclosure shall be shown on the plans
submitted for buui{rding permits.
THE FOREGOlNG RESOLUTION was adopted at the Planning Commissfon meeting of
May 13, 1996. ,
.
CH OMAN, ANAHEIM CITY NNING COMMISSION
ATTEST:
/1~c~
3ECREfARY, HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF OfiANGE ) ss•
CITY OF ANAHEIM )
I, Margarita Solario, Secretary of the Anahefm Cfry Planning Commission, do hereby certffy
that the foregoing resolutbn was Passed and adoPted at a meettng af the Anaheim Ciry Planning '
Commission held on May 13, 1996. by the fdlowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
!N WITNESS WHEREOF, I have hereurrto set my hand this V" ' day of _C,~ U
1996.
/~crita ,~ ~!u-~
SEC ETARY, NAHEIM CITY PLANNING COMMISSION
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