Loading...
2000-020RESOLUTION NO. 2000R-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 1550 TO PERMIT AN EXPANDED USE FOR A PERIOD OF ONE YEAR ONLY TO EXPIRE DECEMBER 6, 2000, AND AMENDING RESOLUTION NO. PC75-150 ACCORDINGLY. WHEREAS, on July 7, 1975, Resolution No. PC75-150 was adopted by the Planning Commission to grant Conditional Use Permit No. 1550 and permit on-sale beer and wine in an existing restaurant at 1755 West La Palma Avenue; and that said resolution includes Condition No. 3, which specifies that the property be developed substantially in accordance with the approved exhibits (Exhibit Nos. 1 and 2); and WHEREAS, this property is developed as a part of a strip commercial retail center in the CL (Commercial, Limited) zone, including subject restaurant (El Rey Marisco Restaurant; and that the Anaheim General Plan Land Use Element designates this property for General Commercial land uses; and WHEREAS, the petitioner requests an amendment to Condition No. 3 of Resolution No. PC75-150 to permit a 1,210 sq. ft. expansion to the existing 1,377 sq. ft. restaurant with the sale of beer and wine for on-premises consumption; and WHEREAS, the City Planning Commission did hold a public hearing on December 6, 1999, 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 amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC99-217 approving an amendment to Conditional Use Permit No. 1550 as theretofore approved by Resolution No. PC75-150; and WHEREAS, thereafter, within the time permitted by law, an interested party appealed said decision, or the requisite number of members of the City Council did set said decision for hearing by the City Council; and WHEREAS, the City Council held a duly noticed public hearing on February 1, 2000, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, after due inspection, investigation and study made by itself or on its behalf, and after due consideration of all evidence and reports offered at said public hearing, the City Council of the City of Anaheim does hereby find and determine as follows: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the expanded use will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the expanded use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the expanded use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That amending this 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. 6. That the size and shape of the property is adequate to allow full development of the expanded use in a manner not detrimental to the surrounding land uses provided that the conditions imposed are implemented. CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: That the Anaheim City Council has reviewed the proposal to permit a 1,210 Sq.ft. expansion to an existing 1,377 sq.ft. restaurant with the sale of beer and wine for on-premises consumption on a rectangularly-shaped 0.4-acre property having a frontage of approximately 125 feet on the north side of La Palma Avenue, a maximum depth of approximately 134 feet, being located approximately 650 feet west of the centerline of Euclid Street, and further described as 1755 West La Palma Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the 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 comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby amend Condition No. 3 of Resolution No. PC75-150, adopted in connection with Conditional Use Permit No. 1550, to read as follows: 3. That the subject property shall be developed substantially in accordance with plans and specifications submitted by the petitioner and on file with the City of Anaheim Planning Department marked Exhibit No. 1 and Revision No. 1 of Exhibit No. 2. BE IT FURTHER RESOLVED that the City Council does hereby add the following new conditions of approval to be, Conditional Use Permit No. 1550, and Resolution No. PC75-150 is amended accordingly: "5. That the approval for the one thousand two hundred ten (1,210) sq.ft. restaurant expansion shall expire on December 6, 2000. 6. That the hours of operation for the restaurant shall be from 10:00 a.m. to 1:00 a.m. daily. 7. That the sale, service and consumption of beer and wine shall be permitted only during the following hours: Sunday through Thursday: 10:00 a.m. and 11:00 p.m. Friday and Saturday: 10:00 a.m. and 1:00 a.m. 8. That the trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department. 9. That the roof-mounted satellite dish shall be removed or replaced with a satellite dish of two (2) meters or less in diameter. 10. That window signage shall not exceed twenty percent (20%) of the total window area. 11. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone unless a variance allowing sign waivers is approved by the Planning 3 Commission or City Council. 12. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 13. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 14. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. 15. That three (3) foot high street address numbers shall be displayed on the roof of the building in a color which contrasts with the roof material. The numbers shall not be visible to the view from the street or adjacent properties, and shall be oriented towards the street on which the business is addressed. 16. That the parking lot shall be resurfaced and the parking spaces restriped to the satisfaction of the City Traffic and Transportation Manager. 17. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval, showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 18. 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. 19. That there shall be no bar or lounge maintained on the property. 20. That food service with a full meal shall be available from opening time until either 10:00 p.m. or closing time, whichever occurs first, on each day of operation. 21. That there shall be no pool tables maintained upon the premises at any time. 22. That subject beer and wine 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. 23. That 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 sale of beer and wine and other items. These records shall be made available, subject to audit and, when requested, inspection by any City of Anaheim official during reasonable business hours. 24. 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. 25. 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. 26. 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 unreasonably illuminate the windows of nearby residences. 27. 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. 28. 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. 29. That there shall be no public telephones on the property that are located outside the building and within the control of the applicant. 30. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 31. That the activities taking place in conjunction with the operation of this establishment shall not cause noise disturbances to surrounding properties. 32. That within a period of two (2) months from the date of this resolution, Condition Nos. 9 and 10, above-mentioned, shall be completed. 33. That prior to commencement of the activity authorized by this resolution or prior to issuance of a building permit, whichever occurs first, Condition Nos. 12, 13, 14 and 17, above- mentioned, shall be complied with. 34. That prior to commencement of the activity authorized by this resolution, or prior to final building and zoning inspections, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 8, 15, 16, 26 and 28, above-mentioned, shall be complied with. 35. 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, except as expressly amended herein, Conditional Use Permit No. 1550 and Resolution No. PC75- 150 shall remain in full force and effect. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. 6 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1st day of February, 2000. ~~A MAYOR OF HEIM C F THE CITY OF ANAHEIM 34479.1 7 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. 2000R-20 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 1st day of February, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 2000R-20 on the 1 st day of February, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of February, 2000. THE CITY 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. 2000R-20 was duly passed and adopted by the City Council of the City of Anaheim on February 1 st, 2000. THE CITY OF ANAHEIM