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2004-029RESOLUTION NO. 2004-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION 2002R-233, NUNC PRO TUNC, RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, the City Council of the City of Anaheim did, on November 5, 2002, adopt Resolution No. 2002R-233; and WHEREAS, through inadvertence and clerical error, Condition of Approval Nos. 58-86 were not included in said Resolution; and WHEREAS, the City desires, and the public interest and general welfare requires, that said error be corrected nuncpro tunc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Resolution No. 2002R-233 be, and the same is hereby amended, nunc pro tunc, by adding thereto the following conditions of approval: "58. That final detailed site, floor, lighting, and elevation plans for the full service restaurants shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 59. That a letter of operation indicating all operational aspects of each of the full-service restaurants, including the hours of operation, shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. The hours of operation for each restaurant shall be determined by the Planning Commission as a "Reports and Recommendations" item. 60. That a final detailed outdoor seating and public plaza plan, including public art, landscaping, and water features, shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 61. That final detailed floor plans and letter of operation indicating the proposed hours of operation for the amusement device arcade shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 62. That final detailed site, floor, and drive through lane plans for the drive-through restaurants shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 63. 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. 64. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. 65. That there shall be no pool tables maintained upon the premises at any time. 66. That the alcoholic beverage licenses 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. 67. That the sales of alcoholic beverages shall not exceed 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] [alcoholic beverages] 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. 68. 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. 69. That the sales of alcoholic beverages for consumption off the premises shall be prohibited. 70. 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 alcohol beverages, with the exception of one (1) sign indicating "cocktails". 71. That the activities occurring in conjunction with the operation of these establishments shall not cause noise disturbance to surrounding properties. 72. 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. 73. That at all times when entertainment or dancing is permitted, approval shall be obtained from 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 prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 74. That all doors serving subject restaurants 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. 75. That the outdoor dining area shall be completely enclosed by fencing or other such permanent structure as approved by the City, at least forty (40) inches in height, into which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees other than in an emergency. Said information shall be shown on plans submitted for building permits. 76. That any on-site maintenance or repair of recreational vehicles, cars, boats, personal watercraft, motorcycles, or trailers, shall be prohibited. 77. That no public sales of propane gas or the public use of dumping stations shall be permitted at this property. A maximum of one (1) sanitary dump station, for the use of tenants only, shall be permitted. A plan showing the location of said facility shall be submitted to the Zoning Division for review and approval. 78. That the vehicles parked adjacent to the north and east walls shall not extend or project above the block wall fence. 79. site. That no commercial tractor trailers or 18-wheel vehicles shall be permitted at this 80. That no storage of inoperable vehicles shall be permitted and that no unlicensed vehicles shall be stored at the site. 81. That final detailed site, fencing, floor, elevation, lighting, and landscaping (with materials, sizes and locations of plant materials and methods of screening) plans for the self storage/RV and boat storage facility shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 82. That a letter of operation indicating all operational aspects of the self storage/RV and boat storage facility, including the hours of operation, shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 83. 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 No. 1, and as conditioned herein. 84. That prior to the issuance of a building permit, or within a period of two (2) years from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 34, 35, 36, 37, 38, 39, 42, 44, 45, 46, 47, 48, 49, 52, 53, 57, 58, 59, 60, 61, 62, 75, 77, 81, and 82, above-mentioned, shall be complied with. 85. That prior to final building and zoning inspections, Condition Nos. 33, 77, and 83, above-mentioned, shall be complied with. 86. 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 in all other respects, said Resolution No. 2002R-233 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24 day of Feb. .2004. MAYOROF THE F ANAHEIM ATTEST: ~O~NAHEIM 53033.1 \SMANN\February 6, 2004 4 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. 2004-29 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of February 2004, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Hernandez, Mc Cracken, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None (/'CI:'I'Y CL~'RK O'F THE CITY OF ANAHEIM (SEAL)