Resolution-PC 96-45~ ~
pFSC~iuT19N NO. PC96~5
A RESOLUTION OF TNE ANAHEIM ClTY PIANNING COMMISSION
AMEl~1G~NCa Cr~iTA1tJ CANDITIONS OF APPR~VAL OF
H~SOLUTIUrd NO. PC91-138 RDOPTED IN CONNECTION WITH
CON~ITIONAL :JSE PERMIT NO. 3442
WHEREA,S, on September 91, 1991 the Plannfns CommissAn adopted Rdsolucton No. PC91-138
approving Ca~edit~onal U~e Pem~it No. 3442 to permft a sa~dwich shc+p rvkh waive~ of min(mum numbar of
paricing spaces (456 sFaces reyuired, 438 sps~ces approved) at 2~1 East Mirdloma Avenue, Unft I; and
that no further a~tlon was taken by the ~Iry Councp; and
W'riEREAS, Corxiitlon 1d:,. S uF iiesdutior. No. PC91-138 specffies tlrs fdlflwing:
'6. That the.e shail be no sale of beer, wine or ather alcohdlc beverages of any kind or~ the
premises, uniess a canditlonal use perrnit i~ first ap~oved authorizing such uses.'
WHEREAS, petitioner proposes on-pr~imises saiQ and consumption ot beer and wine and an
accessory outdoor patio dirc!ng area tn conJunctbon with the existing 1>9.F9 so,.ft. restaura~t under authority
of Code Sectbn 18.110.050.0533, and waiver of Sections 18.110.050.090.0902 and 18.06.080 p3rtaintng to
required setback adJacerrt to an aKerial highway (minimum 50 feet required along Miraioma Avenue, 22
feet proposad); and that petftioner therefore wishes to delete Condition No. 6 of Resolution No. PC91-138
to permR on-premises sale and cunsumpt(on of alcondlc beveragss;
WHEREAS, the Cfry Planning Commissfon did hokl a publ~ hearing at the Civlc Center In
the Ciry of Anaheim on May 13, 19y6, at 1:30 p.m., notice of said public hearing having been duly gfven
as requfreci by law and in accordance with the pmvisions of Yhe Ar~aheim Mun~ipai Cods, Chapter 18.03,
to hear and conskler evfdence for and against said proposed arnendment and to Investiga!e and rnake
findings and recommendatlons In connection therewith; arxJ
WHEREAS, safd Comm(ssion, after due inspectio~, irrvestigatfon and study made by itself
and in fts behalf, end after due consideraY~on of all evidence and reports offered at sakJ hea~ing, does tind
and deteRnine the fdlow(ng iacts:
t. That sub~ect property is developed wfth an industrial complex located tn Development Area
1(Industrfai Area) o~ Speciffc Pian No. 94-1 (the Northeast Area Specffic Plan); and that said specffic plan
was a~opted on Septen~ber 12, 1995;
2, That the existing floor plan shows an 818 sq.ft. kftchen/#ood preparatbn area and 1,141 sq.ft.
customer area Inslde the buAding; and that the proposed floor plan Qabeled Rsvision No. 1 of Exhibk
No.1) shows an added 600 sq.ft. outdoor patio for dining endosed by a 3-foot high wood rail fence arxi
locatad approximately 22 feet from Miraloma Avenue; and that ihe number of outdoor tables or seats has
not been identffied;
3. That there are special circumstances applkable to the propercy such as s~ze, shape,
topography, location or suRaundings, +~h(ch do not apply to other ldentically zoned propertles in the
vicinity~
4. That str~t epplk:ation of the Zoning Code de~Nives the property of prNileges enjoyed by
other propertles under klerrtlcal zoning dassiflcation in the vicinfry beeause the requested setback walver
tor the proposed u00 s4•ft. outdoor Patb dtning area encroaching N~to ~he requfred landscaped setback
area daas not irndve new constn~ccion w!thin the required setback area, and that the outdoor patio dining
area will be located further back from Miralo~na Avenue than existing parking spaces within the industrial
complax;
CR2650DM.WP '~' P~'
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5. That the proposed amendrnent fs necessary to permit reasonabte operac~un under the ~se
permit as o-i~inally granted~
6. That the proposai uses are properly ones for which a conoftional use pem~it is authorized
by the Zoning Code; and that the proposad restaurar~t Is a compatible businsss withtn the suROUnding
area;
7. That the proposed use, as amended, wUl not adversely affec! the adjointng land tRSes and
the growth and devetopment of the area in whicr it is proposed to be located;
8. That the size and shape of Cne site for the proposed ttse, as amended, is adaquate to altow
the full devalopment of the proposed use in a manr!sr ~+ot det~imenta! to the particular area nor to the
peace, health, safery, a~^.i general weifare;
9. That the traffic generated by the proposed use, as amended, wili not impose an undue
burden upon the streets and highways designad and improved .o carry the trafHc in the area; and
10. That the granting of the condit(onal use perm~, as amended and under the conditfons
imposed, wUl not be detrimental to the peace, health, safety and general welfare of the cftizens of the City
of Anahefm; and
11. That no one Indk~ted thefr presence at said public hearing in opposition; and that no
corresporxionce was receNed in opposition to the subJeat petition.
r-~-.UFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commissla~ has reviewed the proposal and ~oes hereby find tl~at the NegatNe Ded~ration previously
approved in connection with Conditbnal ~Jse Permft No. 3442 is adequate to serve as the reGulred
e~vironmental documentation in connection with thfs request upon flnding that the dedaration reflects the
independent Judgement of the lead agency and that ft has considered the previously approved NegatNe
Dedaration together wfth any commeMS recelved du~(ng the publlc review process and further flnding on
the basls d the Inftial study and any comments receNed that there is no substantfal evidence that the
project will have a slgniNcant effect on 4he ernfronment.
NOW THEREFORE BE IT RE JLVED that the Planning Commissfon does hereby amand
Resolutio~ No. PC91-138, adopted in connection with Conditional Use Permft No. 3442, as fdlows:
(aj That the use, as amended, is prope~ly one for whlch a conditbnai use pem-ft Is authorized by
Anaheim Mun~ipal Code Section 18.110.050.050.0533 to pertnft on-premises sale and consumption
of beer and w(ne arxJ a 600 sq.ft. accessory outdoor di~ing srea fn «~nnJunctbn wfth an existing 1,959
sq.it ragteurarrt, wfth the foNoaring wafver:
Sectbns 18.110.050.090.0902 - Ranuirwrl sathark ad(aceRt to an arterlal Mqhway
and 18.08.U80 (minimum 50 feet requirec! along Miraloma Avenue;
22 feet proposed)
(b) That Coridftlon Plo. 6 shall bs deleted;
(c) T{iat Condftion Nos. 11, 12, 13 and 14 shall be amended to read:
11. That any alcoholfc beve~ge sales shall be limked to beer and wine only.
12. That ~xlor to com~ of the actlvity hereln appeoved w prlor to issuance of bupding
permfts, whtchever occurs Hrst, detaNed fence and landscape plans shall be submittec9 to the
Zoning Divfs(on d the Planning Department for staff rev6ew and approval.
13. That the hours of operation shall be Iim~ed ftom 9:00 a.m. to 9:00 p.ri.
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14. That subject propenY shall be developed substarrtlal{y in acc~rdance with plans ard specfficaUons
submittec4 to the City of Anaheim by the petitioner and which ~alans are on flle w8h tha P~annirr~
DepattmeM ma~lced Revislon No. 1 d Exhibit No. 1 and ExhtbR No. 2.
{d) That the fdlowing new conditbns shall be added:
15. That prior 4o commencentient of the actfvitY~ ftom the da e of th~is rresoiutlo whicheve Zoccurs
Inspections, or vvlthin a perfod of one (1) Y
flrst, Condklon No. 14, above-mentioned, sha~l be complled wlth. Extensions for fuRher time to
complete said ~h~ons may be graMed in accordance wfth Section 18.03.090 of the Anahaim
Muntcipal Cods.
16. That, approval of this aPPUcatio^ constKutes approval of the proposed request only to the exterrt
that ft complies with the Anahelm Municipal Zoning Code and any other appik~ble Ciry, State and
Federal regulations• App~o~a~ does not ~~d~de any action or flndings as to com~liancs or
approval of the request regarding any other applicable ordtnance, regulation or requlremeM.
17, Ths corxlRions conYalned in this resolutbn are in addftlon to the condftlons prevlously required
urxier Res~lutl¢n No. PC91-138•
18. Thet the establlshme. hall be operated as a"Bona Fide Pubiic Eati~g Place' as deflnsd by
Sectbn 23038 of the CasUfomia Busineas and Professlons Code.
19. That there shall be no bar or lounge mafrotalned on the property.
20. That food servk:e shall be available f~om openin9 time urrtil etther 10:00 p.m. or closing time,
whichever occtus flrst, on each day of operatfon.
21. That there aha11 be no pod tables or coln operated games malntained upon the premises at any
time.
22. That subJect alcohollc b~verage Iicense shall ~+ot be oxchanged for a puWic premisss (bar) rype
~~cense nor shall the establishment be operated as a publlc premises as defined in 5ection 23039
o{ t~ ~Iffomia Buslrtess and Profesatons Code.
c3. That the gross su{es of aicohdic beverages shall not excesd forty (40) percerrt of the total gross
sales dudng any three (3) montFi pAriod. The applicant shall maintain records on a q~~arteriy
~~~~I ~tmad eav~pabte~ inspectian by anyCiry Mehe m of~icialhwhen requ0 ed.
24. That there shall be no INe emertainmerrt, amplified mus~ or dancing permitted on the premises
at any tirr~e wfthout flrst obtalning all proper permfts as required by the Anaheim Municipal Code.
25. That the sale of alcohd~ beverages for consumption off the premises shall be prot~~bned•
26. That there sheJl be na oxterior ~dvertising d any kind or type, including advertisfng directed to
the exterlor nom within, promoting or fndicating the avallability of sicohol beverages.
27. 7hat the activkles ocaurring in conJunction wah the operation of this establlahment shalf not cause
cwise disturbence to sunoundln9 Prapenies.
28. That sules, service and consumption of alcohdic beverages shali be permitted on~Y between the
hours o# 9:00 c+.m. and 9:00 p.m. or~ each day of operatlon.
29. That the parking lot serving the premises shall be equlPped with Iighting of sufflclent power to
Uluminate and make easAy dlscemlble the appearance and conduc~ of all Persorrs on or about
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the parking lot Sald 119hting shall be directed, posicioned asxl shieldad ~n such a manner so as
not to unreasanabiy Gluminate the wl~dows of nearbY rexfdences.
30. That the business operator shall complY with Sectlon 24200.5 of the Busir~ess and Prafesslons
Code so as not 4o e; ~; or PertnK any persons to solicit w encourage others, directly or
Indirectly, to buy ttv~ri d~inks in the Itcensed premises under a~y commisslan, ~ercerna9e~ salary,
or other profic-sh~ering ptes~, scheme or conspiracy.
31. Code arxi shap be ept d sed a~dUU ocRcedl a~l~t mes during hours of operetionnexcept for
Ingress/egress, dellveties end In cases c~i emergency.
32. That there st-all be no coin-operatec; telephanes on the properry that are focated oucsfde the
buNding and wfth{n the contrd of the appikk:aM.
33. That the portlon of this permft rogarding the on premises sale and consumption of beer and wine
shail exp(re one (1) year frorts the date of this resolutbn unless a valid I(cense has been ~ssued
by the Califomfa Department o# Alcohd4~ Bevefage Contrd.
34. That the outdoor dining area shail bo campletely endosed by fencing or other such pem~anerrt
st-ucture as ap{xoved by the Ciry, at least forry (40) inches in heigM, into which eMry fs onlY
possible ftom the Interior of the business• E~'-ergency exfcs required by fhe Unffcrm Fire Cede
a-~I~ t~e ma~~ca~n~,d, (wt not ~~tilized by patrons/employees other than In an emergency.
35. That sbc (6) rr~ndom Code Errforcement Inspections shall be conducted within the flrst year cf
operation. Sakl inspectlons shall be pald for by the appllcant.
36. That all alcohol~ baverages containers shall be opened Prior to being served ta customers.
THE FOREGOING RESOLUTION was adopted at the PlanNng Comm;sslon meeting of
May 13, 1996.
i'~.J
~~ , ANA IM CITY Pi./~+N C; COMMISSION
ATCE3T~
~y~ ~~
SECHETMY, EIM CITY PLANNING CQMMISSION
STATE O~ CAUFORNIIV )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarlta Solorlti, Secretary of the Maheim Ciry Planning Commisslon, do hers~by ceKify that
the foregoing resoluti~n was Nassed e~d adoP~ed at a meetinfl o# the Anahefm Clty Pianning Comm~ssbn
held on May 13, 1996, by tl~e fdlaxing vote of the members thereof.
AYES: COMMISSIONERS: BOSTWICK BOYDSTl1N, BRISTOL, HENNINGER, MAYER, MESSE, PEfiAZA
NOES: CAMMISSIONERS: NONE ' `
ABSENT: COMMISSIONERS: NiJPtE
IN WITNESS WHEREOF, I have hereunto scjtt my hand this ~~ day af ~~~~~
_.._ t/
1996.
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SECRET Y, t!M CITY PLANNING COMMISSION
~ PC96-A5