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2003-244RESOLUTION NO. 2003R-244 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. PC85-84, AS AMENDED. WHEREAS, on April 1, 1985, the Anaheim City Planning Commission did, by its Resolution No. PC85-84, grant 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 p.m., seven days a week; and WHEREAS, on October 15, 2002, the Anaheim City Council did, by its Resolution No. 2002R-221, amend certain conditions of approval of said Resolution No. PC85-84, including Condition No. 1 to read as follows: "1. That the hours of operation shall be limited to 11:00 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." WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 20, 2003, 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 proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behal£ and after due consideration of all evidence and reports offered at said hearing, adopted its Resolution No. PC2003-139 amending and restating the conditions of approval in Conditional Use Permit No. 2670; and WHEREAS, within the time permitted by law, the applicant did appeal said Planning Commission decision to the City Council of the City of Anaheim; and WHEREAS, the City Council held a duly noticed public hearing on December 16, 2003, 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 that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary, to permit reasonable operation under said conditional use permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval in Conditional Use Permit No. 2670 as heretofore imposed in Resolution No. PC85-84, as amended and restated in Resolution No. 2002R-221 be, and the same are hereby, amended and restated in their entirety: "1. That through October 14, 2005 (for a period of two years), the hours of operation shall be limited to the following: Sunday, Monday, Tuesday and Thursday: 11:00 a.m. to midnight Wednesday, Friday, Saturday, and the following holidays: 11:00 a.m. to 1:30 a.m. New Year's Eve New Year's Day Father's Day Fourth of July Halloween Thanksgiving Christmas Day Mother's Day (Celebrated in Mexico) - May 10th Mother's Day (Celebrated in the U.S.) Valentine's Day Labor Day Christmas Eve That effective October 15, 2005, the hours of operation shall be, and shall remain thereafter, as follows: Daily (seven days a week): 11:00 a.m. to 11:00 p.m." 2. That any tree planted on-site shall be replaced in a timely manner in the event that it is 3. That the on-site landscaping and irrigation system shall be maintained in compliance with City of Anaheim 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 full meals 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. - 2 - 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 premises" as defined in Section 23039 of the California Business and Professions Code. 10. That the gross 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 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 the proper permits having first been issued, as required by the Anaheim Municipal Code. 12. That the sales of alcoholic beverages 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 of the building from inside, 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 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 ~,,.,,,~,.ab,~ ,,~m,.,,atc L, JC ~l,uu,~= 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, which telephones are located outside the building. 18. That signage shall be limited to the existing and approved signs; and that temporary signs and other advertising devices shall not be permitted except in connection with a Special Event Permit approved and issued by the Planning Department. 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 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. 21. That four (4) foot high address numbers shall be displayed on the flat area of the building roof in a contrasting color to the roof material, provided that the numbers shall not be visible from adjacent streets or 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 maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division, and in compliance 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 determined to be appropriate by the Police Department. 25. That the landscape planters shall be permanently maintained with live and healthy plants. 26. That approval of this proposal 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. "27. That no admission fee, cover charge, advance payment for meals collected at the door, or similar fees shall he imposed on patrons as a condition of entry to the premises." BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC85-84, as amended, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of December, 2003. MAYOR OF OF ANAHEIM ATTEST: Cf~~TH~M 52469. I 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, 2003R-244 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of December 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, Hernandez NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: McCracken CiTY CLERK OF THE CITY OF ANAHEIM (SEAL)