Resolution-PC 2000-141-~ ~
RESOLUTION NO. PC2000-141
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04291 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE SOUTHERLY 100.00 FEET OF LOT 2 IN TRACT NO, 5688 AS SHOWN
ON A MAP RECORDED IN BOOK 209, PAGES 38 AND 39 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
THE NORTHERLY LINE OF SI~ID SOUTHERLY 100.00 FEET BEING
PARALLEL WITH THE TANGENT PORTION OF THE SOUTHERLY LINE OF
SAID LOT 2 AND THE EASTERLY PROLONGATION THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 18, 2000 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 conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commisslion, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section Section 18.46.050.270 to permit on-premises sale and consumption of
beer and wine in a freestanding restaurant with waiver of the following:
Sections 18.06.050.020.023.0232 - Minimum number of parking spaces.
and 18.46.066.050 (93 spaces required; 41 spaces proposed)
2. That the parking waiver is hereby approved on the basis of the parking study findings and
City Traffic and Transportation staff's concurrence with said finding, which parking study has determined
that 41 parking spaces are adequate to serve the restaurant and the proposed outdoor dining area.
3. That the waiver, under the conditions imposed, will not cause fewer off-street parking
spaces to be provided for the use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of
such use.
4. That the parking study indicates that the parking demand for off-street parking spaces is
lower than the number provided on the parcel; and that there is a comfortable surplus on the parcel.
5. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the use.
6. That the proposed restaurant expansion will not increase demand for parking on any
streets in the vicinity.
7. That the waiver, under the ~conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
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with Section 18.06.010.020 of the Anaheim Municipal Code) because an adequate supply of parking is
provided on the site, and all project-related parking is expected to occur on the parcel.
8. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the use because the amount of parking demand forecast
for the site is well within the supply provided on-site; and that traffic and parking congestion will not occur
because the overall demand for parking at the site is lower than the amount of parking provided, and a
surplus of parking spaces is expected to exist on the site at all times."
9. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use
because the project is not expected to result in increased demand for on-street parking in the vicinity of
any driveways or other locations in the project vicinity; and that lines-of-sight and turning areas for
existing driveways on public streets will be unaffected by parking of the proposed project.
10. That the waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation
of such use.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a freestanding restaurant with on-premises
sale and consumption of beer and wine an~ waiver of minimum number of parking spaces on an
irregularly-shaped 0.61-acre property located at the northwest corner of Wilken Way and Harbor
Boulevard, having frontages of 220 feet on the north side of Wilken Way and 74 feet on the west side of
Harbor Boulevard, and further described as 2191 South Harbor Boulevard; and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the public review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon 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:
That this establishment shall be operated as a"bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
2. 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.
3. That food service with a full meal shalll be available from opening time until either 11:00 p.m. or
closing time, whichever occurs first, on each day of operation.
4. That there shall be no pool tables or arcade devices maintained upon the premises at any time.
That subject alcoholic beverage IicenSe 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; and that the existing "on-sale general" (Type 47)
license shall be exchanged for an "on-sale beer and wine" (Type 41) license.
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6. That the sale of beer and wine 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, subject to audit and, when requested inspection by any City of Anaheim official
during reasonable business hours.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without the prior issuance of proper permits as required by the Anaheim Municipal Code.
8. That the sale of beer and wine for consumption off the premises shall be prohibited.
9. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within the building, promoting or indicating the availability of alcohol beverages.
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10. 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. Said information shall be specifically
shown on plans submitted for building permits.
11. That the business operator shall comply with Section 24200.5 of the Business and Professions
Code so as not to employ nor 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 conspicacy.
12. That all doors serving subject restaurant 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 and egress, to permit deliveries, and in cases of emergency.
13. That the outdoor dining area shall be completely enclosed by fencing, or such other permanent
structure as approved by the City of Anaheim, at least forty (40) inches in height, into which entry is
only possible from the interior of the b~usiness premises. 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 speciflcally shown on plans submitted for building permits.
14. That there shall be no direct pedestrian access to the outdoor dining area from outside the building.
All access to this area shall be solely through the restaurant. Said information shall be specifically
shown on plans submitted for building permits.
15. That the daily hours of operation for tMe restaurant shall be limited to 6:00 a.m. to midnight, seven
(7) days per week, as described in th~ letter of operation submitted by the applicant.
16. That the dead Sapium sebiferum street tree on Mallul Drive shall be replaced in accordance with
City of Anaheim Tree Planting Specifications. The developer shall provide a guarantee that the
replacement tree will survive for two (~) years from the date of planting.
17. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
color contrasting to the roof material. The numbers shall not be visible to the street or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
18. That the existing chainlink enclosing the driveway from Wilken Way shall be removed and no
required parking area shall be fenced or otherwise enclosed. Said information shall be specifically
shown on plans submitted for building~ permits.
19. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
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436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
20. That the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an amount
established by City Council resolution.
21. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically
shown on plans submitted for building~ permits.
22. That since this project has landscaping in excess of two thousand five hundred (2,500) square feet a
separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water
Efficiency" of the Anaheim Municipal Code and Ordinance 5349 regarding water conservation.
23. That all existing water service shall conform to current Water Utility Standards. Any existing water
services that are not approved by the Utilities Department for continued use shall be upgraded to
current standards, or abandoned by the developer. If the existing services are no longer needed,
they shall be abandoned by develope~.
24. That the legal property shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certiflcate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder prior to issuance of a building permit.
25. That the developer shall submit evidence satisfactory to the City of Anaheim that the existing
ingress/egress easement affected by the building addition, has been abandoned or quitclaimed.
26. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage a~eas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information
shall be specifically shown on the plams submitted for building permits.
27. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
28. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for
building permits
29. That the existing driveway on Mallul Street shall be removed and reconstructed with full curb, gutter
and parkway improvements in accordance with City standards. Said information shall be specifically
shown on plans submitted for building permits.
30. That there shall be no advertising on the umbrellas or any other outdoor dining furniture.
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31. That the property shall be permanentl',y maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within finrenty
four (24) hours from time of occurrence.
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32. That a minimum two (2) foot wide landscaped planter shall be located in front of the outdoor dining
area adjacent to Harbor Boulevard. Said planter shall be irrigated and planted with flowering
perennials to match the plant palette of the site. In addition, rapid growing clinging vines shall be
planted on maximum three (3) foot centers at the base of the wall. Said information shall be
specifically shown on plans submitted for building permits.
33. That signage shall be limited to one (1) monument sign and one (1) wall sign above the main
entrance on the east building elevation facing Harbor Boulevard, as shown on Exhibit Nos. 1, 6 and
7 submitted by the applicant and on file in the Planning Department. Any additional signs shall be
submitted to the Zoning Division for review and approval by the Planning Commission as a"Reports
and Recommendations" item.
34. 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 through 7, and as conditioned herein.
35. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 10, 13, 14, 17, 18, 19, 20, 21, 24, 25, 26, 27, 28,
29 and 32, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
36. That prior to final building and zoning inspections Condition Nos. 16, 22, 23 and 34, above-
mentioned, shall be complied with.
37. That approval of this application constitutes approval of the proposed request only to the e~ent 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 the Anaheim City Planning Commission 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 condition, 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 RESOLU~710N was adopted at th, Planning Commission meeting of
December 18, 2000.
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RPERSON, ANAH~IM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on December 18, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2001.
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SECRETARY, ANAHEIM CITY PLANNfNG COMMISSION
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