2000-083RESOLUTION NO. 2000R-83
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 4189.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit the sale of beer and wine for on-premises consumption in
conjunction with the expansion of an existing restaurant, to
establish conformity with existing Zoning Code land use
requirements for an existing commercial retail center upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
FILED IN BOOK 143, PAGE 31 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. PC2000-43 granting
Conditional Use Permit No. 4189; 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
consideration 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.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all of
the conditions set forth in Section 18.06.080 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. That the variance, under the conditions imposed, if any,
will not cause fewer off-street parking spaces to be provided for
such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use; and
2. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces
upon the public streets in the immediate vicinity of the proposed
use; and
3. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces
upon adjacent private property in the immediate vicinity of the
proposed use (which property is not expressly provided as parking
for such use under an agreement in compliance with Section
18.06.010.020 of the Anaheim Municipal Code); and
4. That the variance, under the conditions imposed, if any,
will not increase traffic congestion within the off-street parking
areas or lots provided for such use; and
5. That the variance, under the conditions imposed, if any,
will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the
proposed use.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 4189 be, and the same is hereby, granted
permitting the sale of beer and wine for on-premises consumption in
conjunction with the expansion of an existing restaurant, to
establish conformity with existing Zoning Code land use
requirements for an existing commercial retail center on the
hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
Sections 18.06.050 -
18.06.050.020.021.0212
18.06.050.020.22
18.06.050.020.023.0231
18.06.080
and 18.44.066.050
Minimum number of parkinq spaces.
(97 spaces required; 78 spaces
proposed)
subject to the following conditions:
That this restaurant shall be operated as a "bona fide public
eating place" as defined by Section 23038 of the California
Business and Professions Code.
o
That there shall be no bar or lounge maintained on the
premises unless approved by the City of Anaheim and licensed
by the Department of Alcoholic Beverage Control ("A.B.C.").
That food service with a full meal shall be available from
opening time until closing time each day of operation.
That there shall be no pool tables or video, electronic or
other amusement devices or games permitted or maintained upon
the premises at any time.
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.
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 showing the separate amounts of sales of beer
and wine and other items. These records shall be made
available for inspection, and subject to audit, when requested
by any City of Anaheim official during reasonable business
hours.
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o
o
10.
11.
12.
13.
14.
15.
16.
That there shall be no live entertainment, amplified music or
dancing permitted on the premises at any time without the
issuance of proper permits, as required by the Anaheim
Municipal Code.
That the sale of beer and wine for off premises consumption
shall be prohibited.
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.
That the activities occurring in conjunction with the
operation of this restaurant shall not cause noise disturbance
to surrounding properties.
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.
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 and egress, to permit deliveries, and in cases of
emergency.
That no outdoor dining area shall be permitted without either
modification to this Conditional Use Permit No. 4189 or
approval of another conditional use permit specifically
approving such use.
That signage for subject facility shall be limited to that
shown on the exhibits submitted by the petitioner and approved
by the Planning Commission. Any additional signage shall be
subject to approval by the Planning Commission as a "Reports
and Recommendations" item.
That, as stipulated to by the petitioner, the hours of
operation shall be limited to the following:
Sunday through Thursday:
Friday and Saturday:
9 a.m. to 11 p.m.
9 a.m. to midnight
That the beer and wine portion of this conditional use permit
(in connection with the restaurant expansion) shall expire two
(2) years from the date of this resolution, on April 10, 2002.
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Commercial Center Conditions
17. That all public telephones (existing or proposed) shall be
located inside the building only.
18.
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.
19.
That any tree or other landscaping planted on-site shall be
replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
20. That the on-site landscaping and irrigation system shall be
refurbished and maintained in compliance with City standards.
21.
That minimum twenty four (24) inch box sized trees shall be
planted in the landscape planters immediately adjacent to
Lincoln Avenue and Bel Air Street at a ratio of one (1) tree
for every twenty (20) lineal feet of street frontage, in
accordance with City standards. Said information shall be
specifically shown on plans submitted for Zoning Division for
review and approval within a period of one (1) month from the
date of this resolution.
22.
That street trees shall be installed by the owner within the
public rights-of-way adjacent to Lincoln Avenue and Bel Air
Street. For these location, the Urban Forestry Division of
the Community Services Department recommends crepe myrtle
trees.
23. That roof-mounted balloons or other inflated devices shall not
be permitted on the property.
24. That no vending machines, which are visible to Lincoln Avenue
and/or Bel Air Street, shall be permitted on this property.
25.
That three (3) foot high street address numbers shall be
displayed on the roof of the building in a color contrasting
to the roof material. The numbers shall not be visible to the
view from of the adjacent streets or properties.
26.
That any existing or proposed roof-mounted equipment shall be
subject to the requirements of Anaheim Municipal Code Section
18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
Said information shall be specifically shown on the plans
submitted for Zoning and Building Division approval.
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27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
That the number of tenant spaces shall be limited to eleven
(11) units, as shown on the exhibits submitted by the
petitioner and approved by the Planning Commission.
That this 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.
That a minimum of seventy eight (78) properly striped parking
spaces shall be provided on-site.
That trash storage areas shall be refurbished to the
satisfaction of the Public Works Department, Streets and
Sanitation Division, to comply with approved plans on file
with said Department.
That no signage shall be placed on the clock tower.
That the light fixture added to the pole sign shall be
removed.
That the 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 file with
the Planning Department marked Exhibit Nos. 1 and 2, and as
conditioned herein.
That Condition Nos. 12, 17, 18, 20, 21, 22, 24, 25, 26, 29,
30, 32 and 33, above-mentioned, shall be completed within a
period of one (1) month from the date of this resolution.
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.
That final plans showing the design of the "smoking patio"
shall be submitted to the Zoning Division of the Planning
Department for review and approval by staff prior to said
"smoking patio" being provided. Any decision made by the
Zoning Division regarding said plan may be appealed to the
Planning Commission as a "Reports and Recommendations" item.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
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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 2~rd day of May, 2000.
MA~OR OF THE CITY OF~NAHEIM
ATTEST:
CITY CL~K OF THE CITY OF ANAHEIM
35921.1
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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-83 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 23rd day of May, 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
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of May, 2000.
CITY CLEI~;:: OF 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-83 was duly passed and adopted by the City Council of the
City of Anaheim on May 23rd, 2000.
· ' 'rilE CITY OF ANAHEIM