Resolution-PC 2001-178r
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RESOLUTION NO. PC2001-178
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04466 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:
LOTS 13 AND 14 AND THE EAST ONE-HALF OF LOT 15, TRACT 483, LA PALMA
GARDENS, IN THE CITY ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN A BOOK 17, PAGE 20 OF
MISCELLANEOUS 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 December 17, 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
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 defermine the fo-fowing facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anah2im Municipal Code Ssctions 98.44.050.0~0 and 18.44.050.135 to establish land use conformity with
existing Zoning Code land use requirements for a commercial retail center and to permit the sale of beer and
wine for on-premises consumption in conjunction with an existing restaurant.
2. That 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. 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.
4. 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.
5. 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.
6. That the property provides adequate ingress/egress from public streets, on-site vehicular
circulation, and adequate parking for customers and employees patronizing the combined uses on the
property.
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: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines
and is, therefore, categorically exempt from the requirement to prepare an EIR.
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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 with on-sale beer and wine
That subject restaurant shall continuously 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 there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control ("ABC") and approved by the City of Anaheim.
c. 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.
d. That there shall be no pool tables maintained upon the premises at any time.
e. 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 ta audi4 and, when requested, foF i~sp~Etion-by any City of Anaheim
official during reasonable business hours.
That ±hpre sha!! ~e no liv~ entertainment, amplified music or dancing permitted on the premises at
any time without issuance of proper permits as required by the Anaheim Municipal Code.
That the sales of beer and wine for consumption off the premises shall be prohibited.
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 alcoho! beverages.
That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
That sales, service and consumption of beer and wine shall be permitted only during the following
hours:
Sunday through Thursday: 11 a.m. to 10 p.m.
Friday and Saturday: 11 a.m. to 12 midnight
k. 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.
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.
m. That no vending machines shall be visible to any public right-of-way.
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n. 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/egress, to permit deliveries, and in cases of emergency.
o. That there shall be no public telephones on the property which are located outside the building and
within the control of the applicant.
p. That the portion of this conditional use permit regarding the sale of beer and wine shall expire one
(1) year from the date of this resolution unless a valid license has been issued by the California
Department of Alcoholic Beverage Control ("ABC").
Commercial Retail Center .
2. That a landscaping plan showing refurbishment of landscaped areas shall be submitted to the Zoning
Division for review and approval. Said installation and refurbishment shall be completed within a period
of two (2) months from the date said plans are approved.
3. That no outdoor storage, display or sale of inerchandise or fixtures shall be permitted.
4. That no roof-mounted balloons or other inflated devices shall be permitted.
5. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject
property.
6. That na vend'mg machines which are visible to-tFie p~blie righ#-of-way shall be permitted- on the property..
That four (4) foot high street address numbers shall be displayed on the roof of the building in a
~ontrustir.~ ~olor te the r~of material, The numbers shall not be visible to the street or adjacent
properties. Said information shall be specifically shown on plans submitted for review and approval by
the Police Department, Community Services Division.
8. a. 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. Said information shall be specifically shown on the plans submitted
for Zoning and Building Division approval.
b. That the petitioner shall obtain Zoning and Building Division approval for the existing roof-mounted
satellite dish, or that the satellite dish shall be removed.
9. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use.
10. That the property shalf be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within finrenry four (24)
hours from time of occurrence.
11. That the property owner shall be responsible for maintaining the premises free of litter at all times.
12. That the number of tenant spaces shall be limited to five (5) units.
13. That signage for subject facility shall be limited to all legal existing signs as of the date of this resolution.
Any additional signs shall be subject to approval by the Planning Commission as a"Reports and
Recommendations" item.
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14. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernable 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.
15. That the 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, 2 and 3, as conditioned herein.
16. That within a period of three (3) months from the date of this resolution, Condition Nos. 2, 6, 7, 8, 14
and 15, above-mentioned, shall be completed. Extensions for further time to complete said condition
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
17. 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.
18. That within a period of one (1) month from the date of this resolution, the obsolete satellite
dish/equipment on the roof shall be removed.
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 att of t~ie conditions hereinabove set forth. Shauld any such-co~ditior~, 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
December 17, 2001.
CHAIRPERSON PRO TEMPORE,
ANAHEIM CITY PLANNlNG COMMISSION
ATTEST:
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SECRETARY, ANAHEIM 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 December 17, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this oZ ~s~ day of
_, 2001.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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