Resolution-PC 2001-5~
RESOLUTION NO. PC2001-5
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04286 BE GRANTED, IN PART,
FOR ONE YEAR TO EXPIRE ON JANUARY 17, 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:
PARCEL 1:
THE SOUTH 40 FEET OF LOT 1 OF TRACT NO. 1633, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 47, PAGE 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAfD COUNTY.
PARCEL 2:
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON MAP RECORDED IN BOQK 51, PAGE 7, ET SEQ., OF IVfISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF; THENCE
NORTH 0 DEGREES 16 MINUTES 20 SECONDS WEST, ALONG THE WEST
LINE OF SAID EAST HALF, 120 FEET TO THE SOUTHWEST CORNER OF
LOT 1 OF TRACT NO. 1633, AS PER MAP RECORDED IN BOOK 47, PAGE 50
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SID COUNTY; THENCE NORTH 89 DEGREES 36 MINUTES 20 SECONDS
EAST, ALONG THE SOUTH LINE OF SAID LOT AND THE EASTERLY
EXTENSION THEREOF , 129.27 FEET TO THE CENTER LINE OF A 50 FOOT
STREET, SHOWN AS KATHRYN DRIVE ON THE MAP OF SAID TRACT;
THENCE SOUTH 0 DEGREES 16 MINUTES 10 SECONDS EAST, ALONG
SAID CENTER LINE, 120 FEET TO THE SOUTH LINE OF SAID SOUTHEAST
QUARTER; THENCE SOUTH 89 DEGREES 36 MINUTES 20 SECONDS
WEST, 129.26 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 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 that the hearing was
continued from the January 3, 2001 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:
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1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.010, 18.44.050.300 and 18.55.044.0442.080 to permit on-
premises sale and consumption of beer and wine and outdoor seating in a sit-down restaurant converted
from a take-out restaurant, with waiver of the following:
Sections 18.06.050.020.023.0232 - Minimum number of parking sqaces.
18.06.080 (38 required; 13 existing and proposed)
and 18.44.066.050
2. That the on-premises sale and consumption of beer and wine at this restaurant is hereby
approved, in part, permitting the sale and consumption of beer and wine inside the restaurant only for a
period of one year until January 17, 2002, and prohibiting the sale and consumption of beer and wine in
the outdoor dining area.
3. That the parking waiver is hereby approved subject to the seating being limited to 40
seats (26 seats indoors and 14 seats outdoors), as recommended by the City Traffic and Transportation
Manager.
4. That the proposed use, as approved, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located.
5. That the size and shape of the site for the proposed use, as conditioned upon the seating
being limited to 40 seats, is adequate to allow full deve~opment of the proposed use in a manner not
detrfmentaf to the pa~ticutar area nor to the peace, heafth, safety and geReral welfare.
6. That the traffic generated by the proposed use, as approved, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
7. 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.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that 166 letters were received in support or the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit on-premises sale and consumption of beer
and wine and outdoor seating in a sit-down restaurant converted from a take-out restaurant with waiver of
minimum number of parking spaces on a rectangularly-shaped 0.18 acre property located at the
northwest corner of Lincoln Avenue and Kathryn Drive, having frontages of 90 feet on the north side of
Lincoln Avenue and 53 feet on the west side of Kathryn Drive, having a depth of 80 feet, and further
described as 2235 West Lincoln Avenue (Pizza Town); 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:
That the on-premises sale and consumption of beer and wine inside this restaurant shall expire one
(1) year from the date of this resolution, on January 17, 2002.
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2. That a landscaping plan for the subject property shall be submitted to the Zoning Division for review
and approval; and that said ptan shall incorporate shrubs and enhanced landscaping on the north,
south and west elevations of the building. Said landscaping shall be installed and maintained in a
satisfactory condition. Any decision made by the Zoning Division regarding said landscaping plan
may be appealed to the Planning Commission and/or City Council.
3. That the landscaped planters shall be permanently maintained with live and healthy plants.
4. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
5. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
6. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be
kept closed at all times during operation of the premises except for ingress/egress, deliveries and
emergencies.
7. That in the event an outside dining area is established, a landscaped planter shall be installed and
maintained in order to create a buffer befinreen the outdoor dining area and the drive aisle. A plan
showing the planter shall be submitted in the Planning Department for Review and Approval.
8. Recommended Condition No. 8 was deleted at the Planning Commission public hearing because
the sale and consumption of beer and wine in the outdoor dining area was denied.
That all existing and proposed roof-mounted equipment shall be completely screened by design
elements of the building in all directions.
10. 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.
11. 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.
12. That food service consisting of full meals shall be available from opening time until either 10:00
p.m. or closing time, whichever occurs first, on each day of operation.
13. That there shall be no pool tables, vending machines or arcade devices maintained upon the
premises at any time.
14. 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.
15. That the gross sale of beer and wine shall not exceed forty percent (40%) percent of the gross sale
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 for inspection by any City of Anaheim official during reasonable
business hours.
16. 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.
17. That the sale of beer and wine for off premises consumption shall be prohibited.
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18. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior of the building from within the building, promoting or indicating the availability of beer and
wine.
19. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
20. That the hours of operation for the restaurant and the on-premises sales and consumption of beer
and wine shall be permitted only between the hours of 11 a.m. to 11 p.m. Sunday through
Thursday, and 11 a.m. to 12:30 a.m. on Friday and Saturday.
21. 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.
22. That the business operator shali 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.
23. That there shall be no public telephones on the premises located outside the building and within
control of the applicant.
24. That signs shail' be fimited ta existing and approved signs. ~emporary signs and other advertising
devices shall not be permitted except when in connection with an approved Special Event Permit.
25. That no advertising or identification of any type. shall be permitted on any outdoor furniture including
umbrellas by illustration, text or any other means of communication.
26. 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 occu~rence.
27. That three (3) foot high street address numbers shall be displayed on the flat area of the roof in a
contrasting color to the roof material, provided that the numbers shall not be visible to the street or
adjacent properties.
28. 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 3, and Revision No. 1 of Exhibit No. 2, and as conditioned
herein.
29. (a) That beer and wine shall not be sold, served and/or consumed in the outdoor dining area.
(b) That the seating capacity of this restaurant shall be limited to finrenty six (26) seats indoors and
fourteen (14) seats outdoors.
(c) That a sign shall be placed on the doors leading to the outdoor dining area indicating that beer
and wine is prohibited from being consumed in that outdoor dining area.
30. That prior to commencement of the activity authorized by this resolution or within one (1) year of the
date of this resolution whichever occurs first, Condition Nos. 2, 6, 7, 9, 21, 27, 28 and 29, 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.
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31. 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
~nd 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
January 17, 2001. _
CHAIRPERSO . A
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
M ~ITY PLANNING COMMISSION
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 January 17, 2001, 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 ~-3 day of
, 2001.
. )
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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