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2002-221RESOLUTION NO. 2002R-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2670 AND AMENDING RESOLUTION NO. PC- 85-84. WHEREAS, on April 1, 1985, the Anaheim City Planning Commission, by Resolution No. PC85-84, granted Conditional Use Permit No. 2670 to permit on-sale alcoholic beverages in a semi-enclosed restaurant at 1750 West La Palma Avenue; and that Condition No. 6 of said resolution specifies that the hours of operation shall be limited to 11:00 a.m. to 11:00 p.m., seven days a week; and WHEREAS, the property, located at the southeast corner of La Palma Avenue and Mohican Avenue, is developed with a restaurant (El Patio Restaurant); that the zoning is CL (Commercial, Limited); and that the Anaheim General Plan Land Use Element designates the property for General Commercial land uses; and WHEREAS, Aurora Angel, representing the business owner, has submitted a letter requesting an amendment to the above-mentioned Condition No. 6 to increase the daily hours of operation and permit the use from 11 a.m. to 2 a.m. (instead of from 11 a.m. to 11 p.m.), and to permit a public dance hall as an accessory use to the existing semi-enclosed restaurant with on-sale alcoholic beverages; and that "public dance hall" is defined in subsection .010 of Section 4.16.010 (Definitions) of Chapter 4.16 (Amusement and Entertainment Premises - Dances) of Title 4 (Business Regulation) of the Anaheim Municipal Code as "a place open to the public upon the payment of an admittance fee, wherein music is provided for patrons to dance, which is so open at regular intervals or on regular days of the week"; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 25, 2002 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 requested amendment and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued to the May 20 and June 17, 2002 Planning Commission meetings; and WHEREAS, on June 17, 2002, the City Planning Commission did adopt its Resolution No. PC2002-96 approving, in part, certain requested amendments to the conditions of approval of Conditional Use Permit No. 2670 as previously approved by City Planning Commission Resolution No. PC85-84, but extending the permitted hours of operation of said semi-enclosed restaurant but denying the request to permit a public dance hall as an accessory use of the premises; and WHEREAS, thereafter, within the time permitted by law, the petitioner appealed the decision of the Planning Commission relating to the hours of operation of the restaurant but withdrawing its request for approval of a public dance hall on the premises; and WHEREAS, the City Council held a duly noticed public hearing on October 15, 2002, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines as follows: 1. That the request to amend Condition No. 6 of Resolution No. PC85-84 to increase the daily hours of operation to permit the on-premises sale and consumption of alcoholic beverages in a semi-enclosed restaurant is authorized by Anaheim Municipal Code Section 18.03.091. 2. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.0285 to wit: to permit a public dance hall as an accessory use to the existing semi-enclosed restaurant with on-premises sale and consumption of alcoholic beverages in the CL "Commercial, Limited" Zone. 3. That the proposed amendments to this conditional use permit, to permit a public dance hall as an accessory use is hereby denied on the basis of a significant above-average crime rate for the Reporting District in which this property is located (245% above the city average); and that since February 2001, the Police Department has received 29 calls for service at this property, including 10 party/music disturbances. WHEREAS, the increase to the hours of operation of the semi-enclosed restaurant as hereinafter approved is necessary to permit reasonable operation under Conditional Use Permit No. 2670 provided an additional condition is added to said Conditional Use Permit limiting the length of said additional hours of operation to one year in order to protect the public peace, health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 2670, as set forth in City Planning Commission Resolution No. PC85-84 be, and the same are hereby, amended in their entirety, to read as follows: "1. That the hours of operation shall be limited to 11 a.m. to midnight, Sunday, Monday, Tuesday and Thursday; and 11:00 a.m. to 1:30 a.m. on Wednesday, Friday and Saturday; provided, however, that effective October 15, 2003, said hours of operation shall be and remain thereafter as follows: 11:00 a.m. to 11:00 p.m., seven days a week. - 2 - 2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 3. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be kept closed at all times during operation of the premises except for ingress/egress, deliveries and emergencies. 5. That all existing and proposed roof-mounted equipment (including the existing satellite dish) shall be completely screened from view in all directions by properly maintained design elements of the building. 6. 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. 7. That food service with a full meal shall be available from opening time until closing time, on each day of operation. 8. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at any time. 9. 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 premise as defined in Section 23039 of the California Business and Professions Code. 10. That the gross sales of alcoholic beverages shall not exceed 40 percent of 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 beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official during reasonable business hours. 11. 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. 12. That the sales of alcohol for off-premises consumption shall be prohibited. 13. 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 alcoholic beverages. 14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance - 3 - to surrounding properties. 15. 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. 16. 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. 17. That there shall be no public telephones on the premises located outside the building. 18. That signage shall be limited to existing and approved signs. That temporary signs and other advertising devices shall not be permitted except when in connection with an approved Special Event Permit. 19. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment including umbrellas, by illustration, text or any other means of visual communication. 20. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 21. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color to the roof material, provided the numbers shall not be visible from the street or adjacent properties. 22. That 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, 2 and 3 as conditioned herein. 23. 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. 24. That a minimum of four (4) licensed uniformed security guards, approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security, and to discourage vandalism, trespass and/or loitering upon or adjacent to the subject property. Said security guards shall remain on-duty as - 4 determined to be appropriate by the Anaheim Police Department. 25. That the landscape planters shall be permanently maintained with live and healthy plant materials. 26. That within 60 days from the date of this resolution, Condition Nos. 5, 15, 17, 21, 22 and 23, above-mentioned, shall be complied with. 27. 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. 28. That within ten (10) days of approval of this resolution, a revised seating plan shall be submitted to the Fire Department for review or approval. Once approved, said plan shall be implemented within a period of time determined by the Fire Department." BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC-95-84 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th da_,v of October, 2002. ATTEST: CI2~f CLER~ OF '~HE CITY OF ANAHEIM 46936.1 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. 2002R-22! was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of October, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, McCracken NOES: MAYOR/COUNCIL MEMBERS: Kring and Daly ABSENT: MAYOR/COUNCIL MEMBERS: None (~ITY CLERI~'OF T -CITY OF ANAHEIM (SEAL)