Resolution-PC 2001-155.
RESOLUTION NO. PC2001-155
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04451 BE GRANTED
FOR A PERIOD OF ONE (1) YEAR TO EXPIRE ON NOVEMBER 5, 2002
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 WEST 11 ACRES OF THE SOUTH HALF, OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPT THE SOUTHERLY 200.00 FEET OF THE WESTERLY 200.00 FEET.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 5, 2001 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 the hearing was
continued from the October 22, 2001, Planning Commission meeting; 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 Section 18.44.050.300 to permit a restaurant with public entertainment and on-
premises sale and consumption of alcoholic beverages with waiver of the following:
Sections 18.06.050.020.023.0231 - Minimum number of parkinq spaces.
18.06.050.020.023.0235 (537 spaces required;
18.06.080 518 spaces proposed and concurred with by the City Traffic
and 18.44.066.050 and Transportation Manager)
2. That the parking waiver, under the conditions imposed and based upon the conclusions
contained in the submitted parking demand study, 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 this restaurant/nightclub and commercial center under normal and reasonably foreseeable
conditions of operation of such use.
3. 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 proposed use.
4. 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.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use.
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6. 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.
7. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
8. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
9. That 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.
10. 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; and
that no alcoholic beverages are proposed to be sold from the premises.
11. That the proposed use will be limited to the number of days and hours of operation, and
access thereto, strictly regulated by the restaurant management.
12. That the proposed restaurant with public entertainment and on-premises sale and
consumption of alcoholic beverages is already improved for nigh#club-type activities (i.e. cocktail lounge
and dance floor area) which was previously approved and expired on November 1, 1998, under
Conditional Use Permit No. 3642.
13. That the property provides 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.
14. That no one indicated their presence at said 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 restaurant with public entertainment and on-
premises sale and consumption of alcoholic beverages with waiver of minimum number of parking spaces
on an irregularly-shaped 6.9-acre property located north and east of the northeast corner of La Palma
Avenue and State College Boulevard, having frontages of 540 feet on the north side of La Palma Avenue
and 460 feet on the east side of State College Boulevard, and further described as 1084 and 1086 North
State College Boulevard (J.C. Fandango); 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 Conditionai 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:
1. That this conditional use permit shall expire one (1) year from the date of this resolution on
November 5, 2002.
2. That a valid business license shall be maintained with the Business License Division of the City of
Anaheim Finance Department.
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3. 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 obtained, as required by the Anaheim
Municipal Code.
4. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
5. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties. Entertainment provided shall not be audible beyond
the indoor area under the control of the licensee(s).
6. That at anytime the premises are providing entertainment, the licensee(s) shall provide adequate
licensed uniformed security guard(s), as determined to be necessary by the Police Department, for
the interior of the building and the parking lot and to maintain order therein and prevent any activity
which would intertere with the quiet enjoyment of the patrons and nearby residents.
7. That all doors serving subject establishment shall comply with 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, deliveries and in cases of emergency.
8. That on-site security officers shall periodically monitor the rear of the property to ensure that no
loitering or illegal dumping occurs.
9. That loitering shall be prohibited on or around these premises.
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.
11. That there shall be no pool tables, amusement devices or video games maintained within subject
establishment.
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 no public telephones on the premises shall be located outside the building.
14. That no window signs shall be permitted.
15. That all trash generated from this facility shall be properly contained in trash bins kept within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Code Enforcement Division of the Planning Department shall determine the need for
additional bins or additional pick-up. Ail costs for increasing the number of bins or frequency of
pick-up shall be paid for by the business owner.
16. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
17. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division.
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18. That no vending machines, which are visible to the public right-of-ways, shall be permitted on the
property.
19. That no posting of flyers or handbills advertising subject establishment shall be permitted on public
property (i.e., utility poles, utility boxes). The business owner shall reimburse the Code
Enforcement Division for any costs associated with the removal of such handbills in the City of
Anaheim.
20. That any existing or proposed roof-mounted equipment shall be subject to the screening
requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial,
Limited) Zone.
21. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
22. That the property shall be permanently maintained in an orderly fashion through the provision of
providing regular landscaping maintenance and removal of graffiti within twenty four (24) hours from
time of occurrence.
23. The licensee(s) shall be responsible for maintaining the area adjacent to the premises over which
said licenses has control, free of litter, trash or debris.
24. That signage for subject facility shall be limited to all legal existing signs as of the date of this
resolution. Any additional signage shall be subject to approval by the Planning Commission as a
"Reports and Recommendations" item.
25. That at all times when the premises are open for business, the premises shall be maintained as a
bona fide restaurant and shall provide a menu containing an assortment of foods normally offered
in such restaurants.
26. That full and complete meals shall be served whenever the privileges of the Alcoholic Beverage
Control license are being exercised.
27. That no "happy hour" type of reduced price alcoholic beverage promotion shall be allowed.
28. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records which reflect separately
the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said
records shall be kept no less frequently than on a quarterly basis and shall be made available to the
Anaheim Police Department on demand.
29. That the rear doors of the premises shall be equipped on the inside with an automatic locking
device and shall be closed at all times, and shall not be used as a means of access by patrons to
and from the licensed premises. Temporary use of these doors for delivery of supplies does not
constitute a violation.
30. That there shall be no exterior advertising or sign of any kind or type, including advertising directed
to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior
displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a
violation of this condition.
31. That no person under the age of twenty one (21 } years shall sell or deliver alcoholic beverages.
32. That licensee(s) shall not share any profits, or pay any percentage, or commission to a promoter or
any other person, based upon monies collected as a door charge, cover charge, or any other form
of admission charge, including minimum drink orders, or the sale of drinks.
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33. That the subject property shali 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. 7, 10, 16, 17, 20, 29 and 33, above-mentioned, shall be completed within a
period of three (3) months from the date of this resolution.
35. 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 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
November 5, 2001.
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CHAIRPE ON, ANAHEI TY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAFiEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 November 5, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this y~' day of
~eeern ber ,200~.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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