Resolution-PC 99-176RESOLUTION N0. PC99-176
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC76-122,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0.1629,
iNHEREAS, on June 21, 1976, the Anaheim City Planning Commission adopted
Resolution No. PC76-122 to grant Conditional Use Permit No. 1629 and permit on-sale beer and wine in
an existing restaurant in the ML (Limited Industrial) zone on property located at 1416 North Central Park
Avenue; and
WHEREAS, this property is developed with a restaurant with sales of beer and wine for
on-premises consumption (Coffee Break) in the ML zonp; and that the Anaheim ~eneral Plan designates
the property for Genaral Industrial land uses; and
WHEREAS, the Planning Commission initiated this public hearing based on a request
from the Code Enforcement Division and Police Department to consider revocation or modification of
Conditional Use Permit No. 1629; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City ofAnaheim on October 11, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditionat use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Gommission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That this conditional use permit was scheduled for public hearing because it was
being exercised contrary to the terms and conditions imposed at the time it was approved; and that a
number of violations were identified by Code Enforcement staff, including two unpermitted (and
prohibited) roof signs, expansion of the restaurant to an adjacent unit (without authorization under this or
another conditional use permit), construction of restrooms in the expanded restaurant without obtaining
building permits, and pool tabies located in a separate room which functions as a lounge area.
2. That the Police Department, in cooperation with the State Department of Alcoholic
Beverage Controi (ABC), conducted an extensive investigation of the premises from May 1998 through
July 1999; and that the foliowing violations were observed: drinking aicoholic beverages in the parking
lot, serving and drinking aicoholic beverages in an un-permitted loun~e area, serving alcohol to a minor,
serving alcoholic beverages beyond the tiours permitted by the ABC license, and playing amplified music
in violation of the ABC license.
3. That although this conditional use permit does not have a condition of approval
limitfng the hours of operation, a letter oF operation was submitted for the business in 1976 and indicates
the proposed hours of operation to be 7 a.m. to 3 p.m., Mondays through Fridays, and closed on
Saturdays and Sundays; and that the business operator has submitted a request to the State
Department of Alcoholic Beverage Control to increase the hours of operation from 10 a.m. to 8 p.m.,
seven days a week, to 8 a.m. to 10 p.m., seven days a week.
4. That Section 18.03.092 of the Anaheim Municfpal Code provides for the modification
or termination of conditional use permits based upon a number of grounds, including the following which
are applicable to this use permit: that the permit granted is being, or recently has been, exercised
contrary to the terms or conditions of the original approval, or fn violation of any applicable statute,
ordinance, law or regulation (18.03.092.040); that the use for which the approval was granted has been
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so exercised as to be detrimental to the public health or saf~ty, or so as to constitute a nuisance
(18.03.092.050); anr: that any proposed modification, inciuding the imposition of any additional
conditions, is reasonably necessary to protect the public peace, health, safety or general welfare, or
necessary to permit reasonabte operation under the conditional use permit as originatly granted
(18.03.092.060).
5. That n~ one indicated their prese~ce at the public hearing in uppusition to the
proposai; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized repres~ntative has determined that :he p~oposed project falls within the definition of
Categorical Exemptions, Class 21, as defined in the State of Catifornia Environmental Impact Report
(EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that tha Anaheim City Planning Commission
does hereby add the following new conditions of approval to Resolution No. PC76-127., adopted in
connection with Conditional Use Permit No. 1629:
2. That the hours of operation shall be Iimited to 7 a.m. to 6 p.m., Mondays through Saturdays, and
that the business shali be closed on Sundays.
3. That this permit shall expire one (1) year from the date of this resolution, on October 11, 2000.
4. That food service with a full meal shall be available from opening time until either 6:00 p.m. or
ciosing time, whichever occurs first, on each day of operation.
5. That the property shall be permanently maintained fn an orderiy fashion through the provision of
regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
6. 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.
7. That there shall be no pool tables maintained upon the premises at any time; and that the existing
pool tables shall be removed.
8. That the alcoholic beverage license shall not be exchanged for a"public premises" (bar) type
license nor shall the establishment be operated as a"public premises" as defined in Section 23039
of the California Business and Professions Code.
9. 1~hat the sale of beer and wine shalt not exceed forty percent (40%) of the gross sales of all retaii
saies during any three (3) month period. The appiicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of beer and wine and other items. These records shall be
made available and subject to audit when requested for inspection by any City of Anaheim offic(al
during reasonable business hours.
10. That there shall be no live entertainment, amplified music or dancing pprmitted on the premises at
any time without issuance of proper permits as required by the Anaheim Municipal Code.
11. That the sale of beer and wine for consumption off the premises shall be prohibited.
12. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior of the building from inside the building, promoting or indicating the availability of beer and
wine.
13. That the activities occurring in co~~junction with the operation of this establishment shall not cause
noise disturbance to surrouriding propertles.
14. That the parking lot serving the premises shall be equipped with light(ng of sufficient power to
illuminate and make easily discemible the appearance and conduct of all Uersons on or about the
parking lot Said lighting shall be directed, positioned and shfelded in such a manner so as not to
unreasonably illuminate the windows of nearby properties.
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15. That tne business operator shall comply with Section 24200.5 of the Business and Professions
Code so as not to employ or permit any persons to solir.it or encourage others, d~rectly or indirectly,
to buy them drinks in the licensed premises under any commission, perc.entage, salary or other
profit-sharing plan, scheme ot conspiracy.
16. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire
Code and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, to permit deliveries, and in cases of emergency.
17. That fnere shall be no public telephones oi7 the property that are located outside the building and
within the control of the applicant.
18. That the un-permitted roof sign shall be removed.
19. That the this establishment shall comply with all sign requirements of the ML "Limited Industrial"
Zone unless a variance allowing sign waiver(s) is approved by the City Council or Planning
Commission.
20. That the on-site la~dscaping and irrigation system shall be refurbished and maintained in
compliance with City standards.
21. That the un-permitted expansion of 4his restaurant into the adjacent unit shall be removed and
ret~rned to its original condition.
22. That any new signs shall be subject to approval by the Planning Commission as a"Reports and
P,ecommendations" item.
23. That Condition Nos. 7, 12, 14, 16, 17, 18, 19, 20 and 21, above-mentioned, shall be completed
within a period of one (1) month from the date of this resolution.
24. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal 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 rr~arding any other applicable ordinance, regulation or requirement."
BE i"~ FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 any court of competent jurisdiction, then this
Resolutiun, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 11, 1999.
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CHAIRPE~SON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
Q~' w~~ ~R~~
SECR TAR , NAHEIM CITY PLANNING COMMISSION
CR376~PK.DOC -3- FC99-176
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certify
that the foreg~ing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 11, 1999, by the following vote of the mernbers thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYD~"fUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: QNE VACANT SEAT ~
IN WITNESS WHEREOF, I have hereunto set my hand this ~_" day of
_~l Fh~" , 1999.
f O~fYw!`~-W
SECRtTARY NAHEIM CITY PLANNING COMMISSION
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