99-201RESOLUTION N0. 99R-201
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 4141.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit a full-service restaurant with sale of alcoholic
beverages for on-premises consumption, including an outdoor
dining area, within a planned mixed-use commercial center upon
certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
PARCEL 5 OF PARCEL MAP N0. 97-155, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 301,
PAGES 15 TO 20, INCLUSIVE OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC99-145 granting
Conditional Use Permit No. 4141; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. 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.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of
Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4141 be, and the same is hereby,
granted permitting a full-service restaurant with sale of
alcoholic beverages for on-premises consumption, including an
outdoor dining area, within a planned mixed-use commercial center
on the hereinabove described real property, subject to the
following conditions:
1. That this restaurant with sale of alcoholic beverages
for on-premises consumption, as specifically approved in
connection with this conditional use permit (i.e. ~~Denny's"),
shall continuously adhere to the following conditions, as
required by the Anaheim Police Department:
(a) That the establishment shall be operated as a "bona
fide public eating place" as defined by Section 23038
of the California Business and Professions Code.
(b) That there shall be no bar or lounge maintained on the
property unless licensed by Alcoholic Beverage Control
and approved by the City of Anaheim, unless clearly
shown as an accessory use to the primary dining area of
the specified full-service sit-down restaurant on Pad
E.
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(c) That food service with a full meal shall be available
from opening time until closing time on each day of
operation.
(d) That there shall be no pool tables maintained upon the
premises at any time.
(e) That subject 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.
(f) That the sale of alcoholic beverages 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 alcoholic beverages sales and
the sale of other items. These records shall be made
available, subject to audit and, when requested, to
inspection by any City of Anaheim official during
reasonable business hours.
(g) That there shall be no live entertainment, amplified
music or dancing permitted on the premises at any time
without issuance of proper permits as required by the
Anaheim Municipal Code.
(h) That the sale of alcoholic beverages for consumption
off the premises shall be prohibited.
(i) That there shall be no exterior advertising of any kind
or type, including advertising directed to the exterior
from within, promoting or indicating the availability
of alcohol beverages.
(j) That the activities occurring in conjunction with the
operation of this establishment shall not cause noise
disturbance to surrounding properties.
(k) That sale, service and consumption of alcoholic
beverages shall be permitted from 9 a.m. to 1 a.m.
daily.
(1) 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.
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(m) That the business operator shall comply with Section
24200.5 of the Business and Professions Code so as not
to employ or permit any persons to solicit or encourage
others, directly or indirectly, to buy them drinks in
the licensed premises under any commission, percentage,
salary, or other profit-sharing plan, scheme or
conspiracy.
(n) 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, deliveries and
in cases of emergency.
(o) That there shall be no coin-operated telephones on the
property that are located outside the building and
within the control of the applicant.
(p) That the outdoor dining are
enclosed by fencing or othe
as approved by the City, at
height, into which entry is
interior of the business.
the Uniform Fire Code shall
utilized by patrons and/or
emergency.
a shall be completely
r such permanent structure
least forty (40) inches in
only possible from the
Emergency exits required by
be maintained, but not
employees other than in an
2. That prior to issuance of a building permit, final
plans to fully and accurately describe the proposal
shall be submitted to the Zoning Division for review
and approval by the Planning Commission as a "Reports
and Recommendations" item. Said plans shall include
the following:
(a) Exterior building plans showing the north, east, south
and west building elevations.
(b) A perspective drawing illustrating the building in
three dimensions.
(c) A roof plan showing the location of all roof-mounted
equipment.
(d) A section through the entire building showing the
height of the parapets, the top of the roof and any
other roof features, and any roof-mounted equipment, to
illustrate that none of the roof-mounted equipment will
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be visible to nearby public streets, private streets,
or buildings. The means by which roof-mounted
equipment will be fully screened shall be clearly
described and illustrated.
(e) Material and color board(s) specifying all the
construction materials and colors for the building
exterior, including manufacturer's samples, to fully
describe the proposed building, including
manufacturer's samples, to fully describe the proposed
building, including the windows, roof, trim, etc.
(f) Plans and material and color board(s) for the outdoor
patio area including paving, enclosure fencing and
trellises or similar features, umbrellas, outdoor
tables and chairs, landscaping features inside the
patio enclosure, etc.
(g) Plans showing conformance with the Sign Program
approved in connection with Conditional Use Permit No.
3957, including that no sign shall be permitted on the
north wall of this building.
3. That there shall be no freestanding signs in
conjunction with this approved restaurant.
That this conditional use permit is a part of the Stadium
Crossings mixed use commercial center which was approved under
Conditional Use Permit No. 3957 and, therefore, is also subject
to the conditions adopted in connection with Resolution No. PC97-
121, including the followin g Conditions Nos. 4 through 16.
4. That any relocation of existing power facilities or
streetlights shall be at the developer's expense.
5. That subject property shall be served by underground
utilities.
6. That subject property shall be served with an
underground electrical backbone and distribution system. All
cost for substructures and conduit shall be paid by the
developer. Location will be determined after final approval of
site plans. The pole line on State College Boulevard and Katella
Avenue shall be under-grounded at the developer's expense. All
above-ground equipment shall be screened from view to the
satisfaction of the Planning Department.
7. That the water back-flow equipment and any other large
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water system equipment shall be installed to the satisfaction of
the Water Utility Division in either underground vaults or behind
the street setback area in a manner fully screened from all
public streets. The precise location and method of screening
shall be approved by the Planning Department.
8. That no Special Event Permits (except for "grand
opening" banners), as defined by the Zoning Code, shall be
permitted unless a Special Circumstances Waiver is first
obtained. Any proposal for such waiver shall include, as
applicable:
(a) Specific site plan(s) showing where the event will take
place;
(b) Operational details of the event;
(c) Whether food items and/or food service are proposed;
(d) Period of time during which the event will take place;
(e) The hours of operation (if appropriate); and
(f) Any other details required to fully describe the event.
9. That signage shall be limited to wall signs in
conformance with the Sign Program (Exhibit No. 22) approved in
connection with Conditional Use Permit No. 3957.
10. That the only outdoor uses permitted in connection with
this conditional use permit shall be outdoor seating associated
with the full service restaurant on Pad E.
11. That if a permit for dinner dancing or for any other
entertainment is sought, a specific request, including a floor
plan(s) showing where the dancing and/or entertainment will take
place and a letter of operation describing the proposal, shall be
submitted to the Planning Commission for review and approval as
a "Reports and Recommendations" item.
12. That a plan sheet for solid waste storage and
collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division, for
review and approval.
13. That subject property, buildings and accessory
structures shall comply with all statutes, ordinances, laws, or
regulations of the State of California, as adopted by the City of
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Anaheim, including the Uniform Building Code, Uniform Housing
Code, Uniform Fire Code, Uniform Plumbing Code, National Electric
Code, and the Uniform Mechanical Code.
14. That any changes to the approved exhibits or otherwise
specifically approved in connection with this conditional use
permit shall be submitted to the Planning Commission for review
and approval as a "Reports and Recommendations" item. If the
Planning Commission finds that such proposal is not in
conformance with the specifically approved uses, the petitioner
may be required to file and obtain approval of a new conditional
use permit or such other petition as may be appropriate.
15. That the owner of subject property shall be responsible
for the removal of any on-site graffiti within twenty four (24)
hours of its application.
16. That the developer shall comply with Chapter 14.60 of
the Anaheim Municipal Code and Resolution No. 91R-89 relating to
Transportation Demand Management by joining and financially
participating in the ATN and Clean Fuel Shuttle Program and by
installing bicycle racks.
17. That the outdoor seating area shall be limited to the
hours of 7:00 a.m. to 12:00 midnight daily.
18. Deleted.
19. That prior to issuance of the first building permit or
within a period of eighteen (18) months from the date of this
resolution, whichever occurs first, Condition Nos. 2, 5, 9, 12,
13 and 14, above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
20. That prior to final building and zoning inspections, as
determined to be appropriate by the City, Condition Nos. 4, 6,
and 7, above-mentioned, shall be complied with.
21. 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
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council does hereby
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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 conditions, or
any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 21st day of September,
1999.
~^
MAYOR OF THE CITY OF NAHEIM
ATTEST:
G~~ ~ ~^
.CITY CLERK OF TH CITY OF ANAHEIM
32778.1
8
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-201 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 21st day of September, 1999, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken
NOES: MAYOR/COUNCIL MEMBERS: Daly
ABSTAINED/
TEMPORARILY ABSENT: MAYOR/COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
201 on the 21st day of September, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 21st day of September, 1999.
CITY CLERK OF THE CI OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-201 was duly passed and adopted by the City Council of the
City of Anaheim on September 21st, 1999.
~, CITY CLERK OF THE TY OF ANAHEIM