Resolution-PC 2001-9.
RESOLUTION NO. PC2001-9
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3606
FOR TEN (10) YEARS TO EXPIRE ON AUGUST 29, 2010
(CUP Tracking No. 2001-04300)
WHEREAS, on June 14, 1993 the Planning Commission adopted Resolution No. PC93-70
to grant Conditional Use Permit No. 3606 and permit the on-premises sale and consumption of beer and
wine for a period of one year in a proposed restaurant in conjunction with an indoor swap meet (Anaheim
Indoor Marketplace) located at 1440 South Anaheim Boulevard; and that Condition No. 11 of said
resolution specifies that the use shall expire on June 14, 1996; and
WHEREAS, on May 16, 1994, the Planning Commission adopted Resolution No. PC94-57
to amencf said Condition No. 11 of Resolution No. PC93-70 and approve an extension of time permitting
the on-premises sale and consumption of beer and wine in the restaurant until June 14, 1995; that on
June 12, 1995 the Planning Commission adopted Resolution No. PC95-67 to again amend said Condition
No. 11 and approve an extension of time permitting the on-premises sale and consumption of beer and
wine in the restaurant until June 14, 1996; and that on June 23, 1997 the Planning Commission adopted
Resolution No. PC97-78 to again amend said Condition No. 11 and approve an extension of time
permitting the on-premises sale and consumption of beer and wine in the restaurant until April 22, 2001;
and
WHEREAS, this property is currently developed with a 133,200 square foot former
commercial/industrial building which has been modified for use as an indoor swap meet facility with
accessory outdoor uses (Anaheim Indoor Marketplace); that the property is located in Sub Area 2 of the
South Anaheim Boulevard Corridor of the Anaheim Commercial/Industrial Redevelopment Project Area;
that the property is zoned CL(SABC) (Commercial, Limited- South Anaheim Boulevard Corridor Overlay);
and that the Land Use Element of the Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, the petitioner has requested reinstatement of Conditional Use Permit No.
3606, which will expire on April 22, 2001, to retain the on-premises sale and consumption of beer and
wine in the existing restaurant at the indoor swap meet.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 17, 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 Municipal 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 proposed to be reinstated is properly one for which a conditional use permit is
authorized by the Zoning Code.
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2. That reinstating this conditional use permit, as conditioned herein, to permit the on-
premises sale and consumption of beer and wine in the restaurant at the indoor swap meet for an
additional period of time will not adversely affect the adjoining land uses and the growth and development
of the area in which it is located because no changes have occurred to the approved use which contradict
the original findings for approval.
use.
That no Code Enforcement or Police Department complaints have been received for this
4. That following inspection of the property, the Code Enforcement Division has indicated the
property is being satisfactorily maintained with the exception of the deteriorated condition of some of the
parking lot paving but that the owner has recently received contractor bids to replace the parking lot
asphalt; and that there are no outstanding complaints or code violations regarding this property.
5. That the size and shape of the site for the use, as reinstated, is adequate to allow full
devetopment of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
6. That the traffic generated by the use, as reinstated, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
7. That reinstating this conditional use permit, as conditioned herein, will not be detrimental to
the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare
of the citizens of the City of Anaheim.
8. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
9. That reinstating the use, as conditioned herein, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
10. 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. 3606 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 lead 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 reinstate Conditional Use Permit No. 3606 to permit the on-premises sale and consumption of
beer and wine in the existing restaurant at the indoor swap meet for an additional permit of time to expire
on August 29, 2010; and
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. PC93-70 adopted in connection with
Conditional Use Permit No. 3606, as amended, to read as follows:
That this conditional use permit shall expire on August 29, 2010, concurrently with Conditional Use
Permit No. 3400 (which permits the Anaheim Indoor Marketplace).
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PC2001-9
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2. That the restaurant operator shall maintain signs in the restaurant seating area, in both English and
Spanish, informing the patrons that beer and wine shall not be removed from said seating area.
3. That the sale and consumption of beer and wine shall be confined to the food service area, which
area shall be maintained with permanently installed barriers surrounding it so as to confine
customers to said area.
4. That the entrance/exit to the food service area shall be adjacent to the service counter of subject
Alcoholic Beverage Control (ABC) licensed business so that persons entering and leaving the food
service area ("confined area") will be clearly visible to employees of the licensed business.
5. That no sale, consumption or possession of beer and wine by customers, sellers or employees
shall be allowed outside the confined area licensed by ABC.
6. That the sale and consumption of beer and wine shall be in conjunction with food sales only.
7. That all beer and wine shall be sold in distinctive containers available at the ABC licensed premises
only. These containers shall not be taken out of the licensed area.
8. That beer and wine shall be sold in containers no larger than sixteen (16) fluid ounces.
9. That not more than one (1) serving of beer and wine shall be sold to a customer at any time.
10. That there shall be no sale or consumption of "non-alcoholic beer" at the subject premises.
11. 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.
12. 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.
13. That food service with a full meal shall be availabte from opening time until closing time of the swap
meet on each day of operation.
14. That there shall be no pool tables maintained upon the premises at any time.
15. That subject alcoholic beverage license shall not be exchanged for a"public premises" (bar) type
ticense nor shall the establishment be operated as a"public premises" as defined in Section 23039
of the California Business and Professions Code.
16. 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 and subject to audit when requested for inspection by any City of Anaheim official
during reasonable business hours.
17. That there shall be no live entertainment, amplified music or dancing permitted within the restaurant
premises at any time without the prior issuance of proper permits as required by the Anaheim
Municipal Code.
18. 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.
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19. 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 and 2, and as conditioned herein.
20. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 17, 2001. ~ e ,~
CHAIRPERSrON,/~(N`fiH~YM CITY PLANNING COMMISSION
ATTEST:
~~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY QF ANAHEfM )
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: BOYDSTUN, BRISTOL, KOOS, NAPOLES
NOES: COMMISSIONERS: VANDERBILT
ABSENT: COMMISSIONERS: ARNOLD
ABSTAINED: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this T3 day of
, 2001.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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