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RES-2007-248RESOLUTION NO. 2007 -248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2007 05248. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA PARCEL 2: PARCEL 2, IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, said application seeks approval of a conditional use permit to permit a full service restaurant with on- premise sale and consumption of alcoholic beverages; and WHEREAS, on December 10, 2007, the Anaheim City Planning Commission did hold a public hearing pertaining to Conditional Use Permit No. 2007- 05248, notice of said hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said conditional use permit and to investigate and make findings and recommendations in connection therewith; 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. PC2007 -154 granting Conditional Use Permit No. 2007 05248, and did recommend that said conditional use permit be adopted by the City Council; and WHEREAS, the City Council did fix the 18th day of December, 2007, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed Conditional Use Permit No. 2007 -05248 and did give notice thereof in the manner and as provided by law; and 1 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 finds and determines as follows: 1. That the request to permit a full service restaurant with on- premise sale and consumption of alcoholic beverages is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.030. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses. 3. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 4. That granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 2007 -05248 be, and the same is hereby, granted. BE IT FURTHER RESOLVED that said conditional use permit be granted subject to the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: COA COA 1 COA 2 Conditions of Approval Plans submitted for building permits shall contain a note that there shall be no public telephones on the property that are located outside the building. Plans submitted for building permits shall indicate that all doors 2 Responsible for Monitoring Police /Buildin g Police /Buildin COA Conditions of Approval Responsible for Monitoring serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress /egress, permit deliveries and in cases of emergency. g COA 3 Plans submitted for building permits shall show lighting to be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Police /Buildin g COA 4 That plans submitted for building permits shall show that the parking structure 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. Police /Buildin g COA 5 COA 6 That the property owner /developer shall submit a letter to the Planning Department, Planning Services Division requesting the termination of Conditional Use Permit No. 847. Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) Planning Police /Code Enforcement COA 7 At all times that entertainment or dancing is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police /Code Enforcement COA 8 That the business operator shall comply with Section 24200.5 of the Business and Profession Code so as not to employ or permit any Police /Code 3 COA Conditions of Approval' Responsible for Monitoring 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. Enforcement COA 9 That there shall be no admission fee, cover charge, nor minimum purchase required. Police /Code Enforcement COA 10 That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police /Code Enforcement COA 11 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police /Code Enforcement COA 12 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 alcoholic beverages. Police /Code Enforcement COA 13 The sale of alcoholic beverages for consumption off the premise shall be prohibited. Police /Code Enforcement COA 14 The gross sales of alcoholic beverages shall not exceed 40 percent 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 alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. Police /Code Enforcement COA 15 There shall be no pool tables or amusement devices maintained upon the premises at any time unless the proper permits have been obtained from the City of Anaheim. Police /Code Enforcement COA Petitioner shall not share any profits, or pay any percentage or Police /Code COA Conditions of Approval Responsible for Monitoring 16 commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Enforcement COA 17 At all times when the premise is open for business, valet parking service shall be provided. Code Enforcement COA 18 At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Police /Code Enforcement COA 19 That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. Planning COA 20 That on -going during project operation, 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 the time of discovery. Planning COA 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. Planning COA 22 That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Planning COA That this Conditional Use Permit is granted expressly conditioned upon approval of Development Agreement No. 2007 -00002 and Planning 5 COA Conditions of Approval Responsible for Monitoring 23 Tentative Tract Map No. 17186. BE IT FURTHER RESOLVED that the City Council 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 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 1 8th day of December 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE OF ANAHEIM 67441.vl /It9Gordon CITY OF AN/ IEIM By: MAYOR OF THE CITY A HEIM