Resolution-PC 98-105RESOIUTION NO. PC98-105
A RESOLUTION OF THE ANAHEIM CITY PLANNIfJG COMMISSION
THAT PETITION FOR CONDITIONAL U5E PERMIT NO. 4041 BE GRAhTED
WHERF~4S, the Anaheim City Planning Cammission did receive a verified Petition for
Conditional Use Permit for certain real property situated in t~a City of Anaheim, County of Orange, State
of CaliforRia, described as:
THAT EAST HALF OF 7HE NORTH 5.00 ACRES OF 7HE EAST HALF OF
THE NORTH-EAST QUARTER OF THAT NORTHEAST QUARTER OF
SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO
LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNiA.
EXCEPTING THEREFROM, THAT PORTION LYING EASTERLY OF TtiE
WESTERLY LINE OF PARCEL 2 OP DEED TO THE STATE OF
CALIFORNIA FILED AUGUST 27, 1951 AS DOCUMENT NO. 23960,
CERTIFICATE OF 71TLE NO. 14610, ON FILE IN THE OFFICE OF THE
REGISTRAR OF LAND TITLES OF SAID ORANGE COUNTY, AND THE
NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM, THE LAND DESCRIBED AS PARCELS
1 AND 3 OF SAID DEED TO THE STATE OF CALIFORNIA.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS
PARCELS 100000-1 AND PARCEL 1000QII-3 IN DEED TO THE STATE OF
CALIFORNIA RECORDED SEPTEMBER 9, 'i597 AS lNSTRUMENT NO.
19970431752 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a publlc hearing at the Civic Center
in the Cily of Anaheim on July 6, 1998 al 1:30 p.m., notice of said Nublic hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Co~e, Chapter 18.tl3,
to hear and consider evidence for and against said proposed cor~8ilional use permit and to invesiigate
and make findings and recommendations in connection therewith; and
WFiEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behaif, and aker due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section Seclions 18.44.050.010 and 18.44.J50.025 to permit the retail sale of
beer and wine for on-premises consumption and an amusement arcade with up to sixteen (16)
amusement devices in an existing 4,800 sq, ft. restaurant.
2. That the existiny establishment (Numero Uno Pizzeria at 3010 West Lincoln Avenue)
currently has four amusement devices, and that Code Section 18.01.020 defines five or more
amusement devices as an "amusement device arcade," which necessitates approval of a conditional use
permit.
GR3352PL.DOC -1- PC98-9 05
3. That the proposed use wifl not adversely affect the 2djoining land uses and the growth
and development of the area in which it is proposed to be located because the property is mainly
surrounded by commerciai uses and the amusement arcade will operate as an accessory use to the
restaurant.
4. That the proposed use, located in the West Anaheim Commercial Corridors
Redevelopment Area, has been reviewed by the Community Development and Police Departments,
which do not oppose the proposal.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That granting of this conditional use permit, under lhe conditions imposed, wili not be
detrimentai to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public liearing in opposition; and that no
correspondence was received in opposition to the petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; That the Anaheim City
Planning Commission has reviewed the proposal to permit the retail saie of beer and wine for on-
premises consumption and an amusement arcade with up to 16 amusement devices in an existing 4,800
sq. ft, restaurant on a 1.58-acre parcel located at the southwest corner of Lincoin Avenue and Beach
Boulevard, having frontages of 260 feet on the south side of Lincoln A~~enue and 260 feet on the west
side of Beach Boulevard, and further described as 3010 West Lincoln Avenue (Numera Uno Pizzeria);
and does hereby approve the Negative Declaration upon .flnding that the declaration reflects the
independent judgment of !he lead agency and that it has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the
initial study and any commen~ : seceived that there is no substantial evidence that the project will have a
significant effect on the en~ ' nent.
"^":, iHEFiEFCJRE, LF T RE~O! VED that'.he Anaheim City Plas~ning Commiss,on
does hereby gr2r~t sub}ect P~~tit?on fur Conditional Use Permit No. 4041, upon the following conditions
which ar•e herety found to bs ~i necessary prerequisite to the proposed use of the subject property (n
order to preserve iire safety and general welfare of the u~izens of the City of Anaheim:
1. That tl~e maximum number of ~musement devices be limited to sixteen (16); and that ihe
amusement devices are permitled only as accessory to, and in conjunction with, the primary
restaurant use.
2. That a valid business license and entertainment permit shall be obtained from the Business
License Division of the Finance Department.
3. TYiat the sale of beer and wine for consumption off the premises shali be prohibited.
4. That this establishment shall be operated as a"bona fide public eating place," as defined by
Section 23038 of the Califomia Business and Professions Code.
5. That there shall be no bar or lounge mainlained on the property unless first licensed by the
Department of Alcoholia Beverage Control and approved by lhe City of Anaheim.
6. That subject beer and wine license shali not be exchanged for a public premises (bar) type license
nor shall the establishment be operated as a public premises, as defined in Seclian 23039 of the
California Business and Professions Code.
-2 PC98-105
7. Thzt the sale of beer and wine shall not exceed forty percent (40%) of the gross sales of all'retail
sales during any three (3) month period. The applicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of beer ancl wine and other items. These records shall be
made avaifable, and subject to audit and inspection, when requested by any City of Anaheim
official during reasonable business hours.
8. That there shall be no exterior advertising of any kind or type, inciuding advertising directed to the
exterior from inside, promoting or indicating the availability of beer and wine.
9. That the activities occurring in conjunc~tion with the operation of this establishment shali not cause
noise disturbance to surrounding properties.
10. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonabiy illuminate the windows of nearby residences.
11. That lhe business operator shall comply with Section 2420D.5 of the Business and Professions
Code so as not to employ or permit any persons to solicit or encourage others, directly or
indirectiy, to buy them drinks in the licensed premises under any commission, percentage, "salary,
or other profit-sharing plan, scheme or conspiracy.
12. That all doors serving subject restaurant shall conform to the requirements of ihe Uniform Fire
Code and shail be kept closed and unlocked at ail times during hours of operation except for
ingress/egr~ss, to permit deliveries and in cases of emergency.
13. That there shall be no public telephones on the property which are Iocated outside the building
within the control of the applicant.
14. That signage for subject facility shall be limited to tha: which is shown on the exhibits submitted by
the petilioner and approved by the Planning Commission. Any additional signs shall first be
submitted to the Planning Commission for review and approval as a"Reports and
Recommendations" item.
15. That window signs shall be permitted in the two west window panels; and that the owner ~j?~II
remove, if possible, the dark tinting from the other windows and doors.
16. That the existing freestanding sign shall be repaired to comply with Code requiremenls.
17. That trash storage areas shall be refurbished to the satisfaction of the Public Works DeFiartment,
Streets and Sanitation Division, to comply with approved plans on file with said Deparimnnt,.
18. That trash enclo,ure gates shall be installed to the satisfaction of the Public Works Depa~;nani,
Streets and Sanitation Division, lo comply wilh City Standards.
19. That no cover charge shail be imposed.
20. That tlie hours of operation shall be limited to the following, as stipulated by the petitioner:
Sunday through Thursday: 11:00 a.m, to 10:00 p.m.
Friday and Saturday: 11:00 a.m. to midnight
21. That the karaoke activity shall be limiled to the area shown on the submitted and approved floor
plan (Exhibit No. 2).
22. That subject use permit shall expire one (1) year from the date of this resolution, on Juiy 6, 1999.
23. That, if required by the Anaheim Police Department, licensed uniformed security guard(s), fn a
number approved by the Police Department, shall be provided on the premises speciftcally to
provide secuiity and to discourage vandalism, trespass and/or loitering upon or adjacent to the
subject properiy. Said security guard(s} shail remain on-duty as determined to be appropriate by
the Police Department.
`3 PC98-105
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24. That fourteen (14) paralle( parking spaces, located adjacent to the south and west property7ines
shall be provided for a total of one hundred nine (109) on-site parking spaces, in acconiance with
Code and previously-approved exhibits.
25. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on fiie with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
26. That prior to c~mmencement of the activity authorized by this resolution or within a period of one
(1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 10, 12, 14, 15,
16, 17, 18, 24 and 25, above-mentioned, shall be complied wilh. Extensions for further time to
comolete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code. Further, if an extension of time is requested for the alcohol sales portion of this
request, it shall be considered at a noticed public hearing.
27. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Nlunicipai Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or reyuirement.
BE IT FURTHER RESOLVED that tne Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is er.pressly predicated upon applicanCs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of ~ny cou~t of competent j~irisdiction, then
this Resolution, and any approvals herein contained, shall be deem~d n II and void.
TFiE FOREGOING RESOLUTION wa ad te~ at th I~~i ing Commission meeting of
July 6, 1998. / /
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ATl'EST:
~luC'
SECRET RY, NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereb~
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 6, 1998, by the following vole of the members thereof:
AYES: COMMISSIONERS; BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMlSSIONERS: PERAZA
VACANT: ONE VACANCY SEAT
./~ IN WI'fNESS WHEREOF, I have hereunto set my hand this ~'~ day of
_ ~ r~,~,l~..~~ 1998. ..
~ Q n ^ ~'
Qh ~~^J~~
SECRETARY, A HEIM CITY PLANNING COMMISSION
'4 PC98-105