98-107
RESOLUTION NO. 98R-107
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 4018.
WHEREAS, the City of Anaheim did receive an application
for a conditional use permit to permit expansion of an existing
restaurant with on-premises sale and consumption of beer and
wine. upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THE SOUTH 205.00 FEET OF THE WEST 195.00 FEET
OF THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER
MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT
PORTION THEREOF DESCRIBED AS PARCEL 3 IN THE
FINAL ORDER OF CONDEMNATION FILED UNDER CASE
NO. 114537, PAGE 214, OFFICIAL RECORDS THAT
PORTION OF THE SW 1/4 OF THE SE 1/4 OF
SECTION 13, T 4 S, R 10 W, SBM, IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT COURSE
DESCRIBED AS N 890 02' 32" W, 175.00 FEET IN THE
BOUNDARY OF PARCEL 3 OF FINAL ORDER OF
CONDEMNATION (STATE PARCEL B6419) FILED IN
SUPERIOR COURT CASE NO. 114537 IN AND FOR SAID
COUNTY, A CERTIFIED COpy OF SAID FINAL ORDER BEING
RECORDED JUNE 3, 1964 IN BOOK 7073, PAGE 214 OF
SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY
PROLONGATION OF SAID COURSE S 890 92' 32" E,
318.48 FEET TO A NON-TANGENT CURVE, CONCAVE
EASTERLY FROM A TANGENT WHICH BEARS N 000 57' 28"
E, THROUGH AN ANGLE OF 400 56' 43", AN ARC
DISTANCE OF 214.39 FEET TO A POINT IN THAT COURSE
DESCRIBED AS S 520 13' 12" E, 2.55 FEET FROM ITS
SOUTHWESTERLY TERMINUS; THENCE ALONG LAST SAID
BOUNDARY THE FOLLOWING COURSES: S 520 13' 12" W,
2.55 FEET; S 530 20' 07" W, 258.88 FEET; AND S 790
38' 53" W, 188.66 FEET TO THE POINT OF BEGINNING;
and
WHEREAS, the City Zoning Administrator 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 Zoning Administrator, 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 Decision No. ZA98-10 approving
Conditional Use Permit No. 4018; 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 Zoning Administrator 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 consi-
deration of 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.
conditions
safety and
Anaheim.
The granting of the conditional use
imposed will not be detrimental to
general welfare of the citizens of
permit under the
the peace, health,
the City of
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4018 be, and the same is hereby,
granted permitting on the hereinabove described real property,
subject to the following conditions:
2
1. 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 and by Section 18.01.190
"Restaurant with on-premises sale and consumption of alcoholic
beverages" of the Zoning Code.
2 .
property
approved
That there shall be no bar or lounge
unless licensed by Alcoholic Beverage
by the City of Anaheim.
maintained on the
Control and
3. That there shall be no pool tables or coin-operated
amusement games maintained upon the premises at any time.
4. That the 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.
5. That the gross sales of alcoholic beverages shall not
exceed forty percent (40%) of the gross sales of all other 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, and subject to audit when
inspection is requested by any City of Anaheim official during
reasonable business hours.
6.
mUSlC or
issuance
Code.
That there shall be
dancing permitted on
of proper permits as
no live entertainment, amplified
the premises at any time without
required by the Anaheim Municipal
7. That the sale of alcoholic beverages for consumption
off the premises shall be prohibited.
8. 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.
9. That the activities occurring in conjunction with the
operation of this establishment shall not cause noise disturbance
to surrounding properties.
10. That sales, service and consumption of alcoholic
beverages shall be permitted only between the hours of 7 a.m. and
10 p.m. seven days a week.
11. That all doors serving subject restaurant shall
immediately 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
3
In cases of emergency.
12. 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.
13. That there shall be no coin-operated telephones on the
property that are located outside the building and within the
control of the applicant.
14. That the portion of this permit regarding the sales of
alcohol shall expire one (1) year from the date of approval of
this resolution unless a valid license has been issued by the
California Department of Alcoholic Beverage Control.
15.
replaced
variety.
That any tree which is damaged or removed shall be
with a minimum fifteen (15) gallon tree of the same
16. That the petitioner shall be responsible for
maintaining a litter free area adjacent to the premises and
within control of the applicant.
17. That the owner of the subject property shall be
responsible for the removal of anyon-site graffiti within twenty
four (24) hours of its application.
18. That the proposal shall comply with all signing
requirements of the "CL" Commercial, Limited Zone unless a
variance allowing sign waivers is approved by the Planning
Commission or City Council.
19. 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 and 2.
20. That prior to commencement of the activity authorized
by the decision or prior to final building and zoning inspections
or within a period of one (1) year from the date of this
decision, whichever occurs first, Condition Nos. 19 and 22,
herein, shall be complied with. Extensions for further time to
complete this condition may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
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
4
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
22. The additional trees shall be provided in the planter
adjacent to Ball Road for a total of up to twenty-seven (27)
trees along Ball Road, at a ratio of about one (1) tree per
twenty (20) lineal feet of street frontage to provide an
attractive landscaped setback along said arterial highway. The
trees shall be of a species, size and location approved by the
Planning Department, and shall be shown on a landscaping plan
submitted to the Planning Department.
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 9th day of June,
1998.
ATTEST:
~,~_1( ~
CITY CLERK OF THE CITY OF ANAHEIM
0027007.01
5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 98R-107 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 9th day of June, 1998, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Tait, Zemel, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 98R-107 on the 9th day of June, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 9th day of June, 1998.
~LA~'lL. ~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 98R-107 was duly passed and adopted by the City Council of
the City of Anaheim on June 9th, 1998.
~/L-~
CITY CLERK OF THE CITY OF ANAHEIM