Resolution-PC 2000-43~ .
RESOLUTION NO. PC2000-43
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4189 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:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 143, PAGE 31 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 10, 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 Municipat 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 Commission, 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 Sections 18.01.040, 18.44.050.010 and 18.44.050.135 to permit the sale of
beer and wine for on-premises consumption in conjunction with the expansion of an existing restaurant, to
establish conformity with existing Zoning Code land use requirements for an existing commercial retail
center, and waiver of the following:
Sections 18.06.050 - Minimum number of parkina spaces.
18.06.050.020.021.0212 (97 spaces required; 78 spaces proposed)
18.06.050.020.22
18.06.050.020.023. 0231
18.06.080
and 18.44.066.050
2. That the commercial development on this prope~ty was built in 1981 and consists of a
nonconforming 15,785 sq.ft. retail center with 11 tenant spaces in the CH (Commercial, Heavy) zone;
and that the Zoning Code was amended in 1988 to require conditional use permits for commercial centers
having three or more units.
3. That the parking waiver is hereby approved on the basis of the findings in the parking
study and the City Traffic and Transportation Manager's concurrence with those findings.
4. That the waiver, under the Conditions imposed, will not cause fewer off-street parking
spaces to be provided for the proposal than the number of spaces necessary to accommodate all
vehicles attributable to such uses under the normal and reasonably foreseeable conditions of operation of
such uses because only 53 of the 78 available spaces will be occupied at the peak hour.
5. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces on the public streets in the immediate vicinity of the proposal because only
68% of the available spaces will typically be occupied.
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6. 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 proposal
(which property is not expressly provided as parking for such uses under an agreement in compliance
with Section 18.06.010.020 of the Zoning Code).
7. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the proposal; and that the anticipated traffic will peak after
the street rush hour and will be well under the IoYs capacity.
8. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties on the public streets in the immediate vicinity of the proposal.
9. That the property's finro driveways provide adequate ingress and egress from public
streets, on-site vehicle circulation and adequate parking for customers and employees patronizing the
combined uses on the property, and are adequate to allow full development of the proposal in a manner
which is not detrimental to the area or general population.
10. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is located.
11. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
12. 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 the sale of beer and wine for on-premises
consumption in conjunction with expansion of an existing restaurant, to establish conformity with existing
Zoning Code land use requirements for an existing commercial retail center, and waiver of minimum
number of parking spaces on a rectangularfy-shaped 1-acre property located at the northeast corner of
Lincoln Avenue and Bel Air Street, having frontages of 203 feet on the north side of Lincoln Avenue and
213 feet on the east side Bel Air Street, and further described as 2871-2895 West Lincoln Avenue; 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, 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:
Restaurant Conditions
That this restaurant 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 premises unless approved by the City of
Anaheim and licensed by the Department of Alcoholic Beverage Control ("A.B.C.").
That food service with a full meal shall be available from opening time until closing time each day
of operation.
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4. That there shall be no pool tables or video, electronic or other amusement devices or games
permitted or maintained upon the premises at any time. ~
5. 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.
6. That the sale of beer and wine sha~l 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 showing the separate amounts of sales of beer and wine and other items. These records
shall be made available for inspection, and subject to audit, when requested 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 issuance of proper permits, as required by the Anaheim Municipal Code.
8. That the sale of beer and wine for off premises consumption shall be prohibited.
9. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior of the building from inside the building, promoting or indicating the availability of beer and
wine.
10. That the activities occurring in conjunction with the operation of this restaurant shall not cause
noise disturbance to surrounding properties.
11. 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.
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 no outdoor dining area shall be permitted without either modification to this Conditional Use
Permit No. 4189 or approval of another conditional use permit specifically approving such use.
14. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signage shall be subject to
approval by the Planning Commission as a"Reports and Recommendations" item.
15. That, as stipulated to by the petitioner, the hours of operation shall be limited to the following:
Sunday through Thursday: 9 a.m. to 11 p.m.
Friday and Saturday: 9 a.m. to midnight
16. That the beer and wine portion of tfiis conditional use permit (in connection with the restaurant
expansion) shall expire two (2) years from the date of this resolution, on April 10, 2002.
Commercial Center Conditions
17. That all public telephones (existing or proposed) shall be located inside the building only.
18. 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
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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.
19. That any tree or other landscaping ~planted on-site shall be replaced in a timely manner in the
event that it is removed, damaged, diseased and/or dead.
20. That the on-site landscaping and irrigation system shall be refurbished and maintained in
compliance with City standards.
21. That minimum twenty four (24) inch box sized trees shall be planted in the landscape planters
immediately adjacent to Lincoln Avenue and Bel Air Street at a ratio of one (1) tree for every
twenty (20) lineal feet of street frontage, in accordance with City standards. Said information
shall be specifically shown on planS submitted for Zoning Division for review and approval within
a period of one (1) month from the date of this resolution.
22. That street trees shall be installed by the owner within the public rights-of-way adjacent to Lincoln
Avenue and Bel Air Street. For these location, the Urban Forestry Division of the Community
Services Department recommends crepe myrtle trees.
23. That roof-mounted balloons or other inflated devices shall not be permitted on the property.
24. That no vending machines, which are visible to Lincoln Avenue and/or Bel Air Street, shall be
permitted on this property.
25. 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 view from of the
adjacent streets or properties.
26. That any existing or proposed roof-~mounted equipment shall be subject to the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited)
Zone. Said information shall be specifically shown on the plans submitted for Zoning and
Building Division approval.
27. That the number of tenant spaces shall be limited to eleven (11) units, as shown on the exhibits
submitted by the petitioner and approved by the Planning Commission.
28. That this 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.
29. That a minimum of seventy eight (78) properly striped parking spaces shall be provided on-site.
30. 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.
31. That no signage shall be placed on the clock tower.
32. That the light fixture added to the pple sign shall be removed.
33. That the subject prope~ty 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, and as conditioned herein.
34. That Condition Nos. 12, 17, 18, 20, 21, 22, 24, 25, 26, 29, 30, 32 and 33, above-mentioned, shall
be completed within a period of one (1) month from the date of this resolution.
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35. That approval of this application constitutes approval of the proposed request only to the extent
that it compfies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval doe5 not include any action or findings as to compliance or
approval of the request regarding a'ny other applicable ordinance, regulation or requirement.
36. That final plans showing the design of the "smoking patio" shall be submitted to the Zoning
Division of the Planning Department for review and approval by staff prior to said "smoking patio"
being provided. Any decision made by the Zoning Division regarding said plan may be appealed
to the Planning Commission as a"Reports and Recommendations" item.
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 RESOLUTION was adopted at the Planning Commission meeting of
April 10, 2000.
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HAIRP RSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, AN EIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed arad adopted at a meeting of the Anaheim City Planning
Commission held on April 10, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000.
SECRETARY, AI~HEIM CITY PLANNING COMMISSION
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