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Resolution-PC 2001-171~I RESOLUTION NO. PC2001-171 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC92-102 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3532 WHEREAS, on August 24, 1992, Resolution No. PC92-102 was adopted by the Anaheim City Planning Commission to grant Conditional Use Permit 3532 and permit the on-premises sale and consumption of beer and wine in conjunction with a semi-enclosed restaurant at 5570-5572 East Santa Ana Canyon Road, with waiver of the minimum number of parking spaces; and WHEREAS, this property is developed with a 116,801 sq.ft. shopping center with 21 tenant spaces, including subject semi-enclosed restaurant (Rudy's Pizza); that the zoning is CL(SC) (Commercial Limited - Scenic Corridor Overlay); and that the Land Use Element of the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the petitioner requests an amendment to the Conditional Use Permit No. 3532 under authority of Code Sections 18.44.050.010 and 18.44.050.025 to expand the indoor dining area of the previously-approved semi-enclosed restaurant with beer and wine sales for on-premises consumption and an amusement arcade; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 3, 2001, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance witFi-the-provisions of the Anaheirn Munieipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment 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 use, as proposed to be expanded, is properly one for which a conditional use permit is authorized by the Zoning Code; and that the proposal, as conditioned herein, will not adversely affect the adjacent residential land uses or the growth and development of the area in which the use is located. 2. That the size and shape of the site for the use, as proposed to be expanded, 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 generai welfare. 3. That the traffic generated by the use, as proposed to be expanded, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 4. That amending 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. 5. That the property provides adequate ingress/egress from public streets, adequate on-site vehicular circulation, and adequate parking for customers and employees patronizing the combined uses on the property. Tracking No. CUP2001-04472 CR5256PK.doc -1- PC2001-171 . • 6. That the use, as proposed to be expanded, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and that a site inspection by staff showed that the property was in good condition in terms of landscaping and maintenance. 7. 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 and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3532 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the fead agency and that it has considered the previously approved 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 amend Resolution No. PC92-102, adopted in connection with Conditional Use Permit No. 3532, to permit expansion of the indoor dining area of a previously-approved semi-enclosed restaurant with beer and wine safes for on-premises consumption and an amusement arcade at 5570-5572 East Santa Ana Canyon Road, with waiver of the minimum number of parking spaces; and BE IT FURTHER RESOLVED, that the Planning Commission does also amend the conditions of approval in their entirety, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subjeet property in Qrder to preserve the safety and general welfare of the Citizens of the City of Anaheim: Th~,t s~~~;PCt r~sta~arant ~hall con#inuously adhere to the following conditions, as required by the Police Department: a. 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. b. That at ai1 times when the premises are open for business, the premises shail be maintained as a bona fide restaurant; and that the menu provided to customers shall contain an assortment of foods normally offered in such restaurants. c. That there shall be no bar or lounge maintained on the premises for the purpose of sales, service or consumption of alcoholic beverages directly to patrons for consumption. d. That food service with a full meal shall be available from opening time until either 10:00 p.m. or closing time, whichever occurs first, on each day of operation. e. That there shall be no pool tables maintained upon the premises at any time. That 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 Police Department on demand. g. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time. -2- PC2001-171 ~ ` , h. Proposed Condition No. 1.h was deleted at the Planning Commission public hearing. That the arnusement machines or video game devices maintained upon the premises shall be approved by the appropriate City departments. That no "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. k. 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. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 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 to the Police Department, Community Services Division, for review and approval. m. 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 shall not be utilized by patrons/employees other than in an emergency. Said information shall be specifically shown on plans submitted to the Police Department, Comm~rni~y SeFViees Division; for review and approval. 2. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department, S#r~~t~ and Sanitation Division; to comply with approved plans on file with said Department. Said information shall be specifically shown on plans submitted for review and approval by the Streets and Sanitation Division. 3. That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on plans submitted for review and approval by the Police Department, Community Services Division. 4. That the 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. That the proposal shall comply with all signing requirements of the CL(SC) (Commercial, Limited - Scenic Corridor Overlay) Zone unless a variance allowing sign waivers is approved by the Planning Commission and/or City Council. 6. That no new roof-mounted equipment shall be permitted unless a conditional use permit is applied for and approved in compliance with Anaheim Municipal Code Section 18.84.062.032 pertaining to the "SC" Scenic Corridor Zone Overlay. 7. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the City of Anaheim Finance Department. 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, and as conditioned herein. -3- PC2001-171 ~ ~ That prior to commencement of the activity authorized by this resolution, or 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. 1.1, 1.m, 2, 3 and 7, 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. 10. That prior to the commencement of the activity authorized by this resolution, or prior to final building and zoning inspections, whichever occurs first, Condition No. 8, above-mentioned, shall be complied with. 11. Proposed Condition No. 11 was deleted at the Planning Commission public hearing. 12. Proposed Condition No. 12 was deleted at the Planning Commission public hearing. 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 3, 2001. ~~ ' ~ ~ CHAIRPER N, ANAHEI ITY PLANNING COMMISSION ATf EST: SECRETARY, ANAH M CITY PLANNING COMMISSION STATE OF CALIFORfVIA ) 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 December 3, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of 2 C' e vr1 e-'', 2001. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-171