Resolution-PC 2002-170• •
RESOLUTION NO. PC2002-170
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04590 BE GRANTED, IN PART
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, Counry of Orange, State of
California, described as:
THE SOUTHERLY 185 FEET OF THE NORTHERLY 251 FEET OF THE WEST HALF OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS THE
NORTH HALF OF THE NORTH HALF OF SAID SECTIONS 17, SHOWN ON A MAP OF
TRACT NO. 2299, RECORDED IN BOOK 70, PAGES 44 TO 49, INCLUSIVE 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 September 9, 2002 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 public hearing was continued to
the October 7 and November 18, 2002 Planning Commission meetings; 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 Sections 18.44.050.300 and 18.44.050.285 to wit: to permit and retain a public
dance hall with a cover charge and on-premises sale and consumption of alcoholic beverages in conjunction
with an existing restaurant with waiver of the following:
Sections 18.06.050.020.023.0232 - Minimum number of parkina spaces.
18.06.080 (100 spaces required; 43 spaces proposed and concurred with by
and 18.44.066.050 the City Tra~c and Transportation Manager)
2. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the on-prernises sale and consumption of alcoholic beverages 9n
conjunction with a restaurant than the number of such spaces necessary to accommodate all vehicles
a44ributabie to such use under the normai and reasonabiy ioreseeabie conditions of operation ofi the use
based on the conclusions contained in the revised parking demand study which is described in
paragraphs 15, 16 and 17 of the November 18, 2002 Staff Report to the Planning Commission.
3. That the waiver, for the on-premises sale and consumption of alcoholic beverages in
conjunction with the restaurant and under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the use, as approved.
4. That the waiver, for the on-premises sale and consumption of alcoholic beverages in
conjunction with the restaurant and under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the use, as
approved.
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5. That the waiver, for the on-premises sale and consumption of alcoholic beverages in
conjunction with the restaurant and under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use.
6. That the waiver, for the on-premises sale and consumption of alcoholic beverages in
conjunction with the restaurant and 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 use, as approved.
7. That the proposed use is hereby approved, in part, to permit and retain the on-premises sale
and consumption of alcoholic beverages in conjunction with an existing restaurant, but to deny the public
dance hall with a cover charge.
8. That the public dance hall with a cover charge is hereby denied on the basis that the
combination of on-premises sale and consumption of alcoholic beverages, a public dance hall, and the
nearby existing apartments, would be detrimental to the peace, health, safety, and general welfare of the
citizens of the City of Anaheim due to this location's proximity to the residential neighborhood to the south;
that the size and shape of the property is not adequate to accommodate public dance hall activities without
impeding vehicular access to the apartments to the south; and that the public dance hall activities would
adversely affect adjoining land uses by potentially creating noise disturbances and vandalism to adjacent
properties.
9. That the proposed use, as approved for the on-premises sale and consumption of alcoholic
beverages in conjunction with an existing restaurant, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located.
fi0. That tfie size and sF~ape of the sife for the proposed use, as approved, is adequate fo alfow
full development of the proposal, as approved, in a manner not detrimental to the particular area nor to the
peace, health, safety and general welfare.
11. 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.
12. 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.
13. That one person spoke at the public hearing in favor of the proposal; that four letters (one
having 11 signatures) in favor of the proposal were submitted by the applicanYs attorney; and that four
additional letters in favor of the proposal were received prior to the public hearing.
14. That one person spoke 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 ElR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, in part, to permit and retain the on-premises sale
and consumption of alcoholic beverages in conjunction with an existing restaurant and waiver of the
minimum number of parking spaces, but to deny the public dance hall with a cover charge, 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:
Proposed Condition No. 1 was de/eted at the Planning Commission public hearing.
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2. That the landscape planters shall be permanently maintained with live and healthy plants.
3. 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.
4. That the on-site landscaping and irrigation system shall be maintained in compliance with
City of Anaheim standards.
5. 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.
6. That all existing and proposed roof-mounted equipment shall be completely screened from
view in all directions by properly designed and maintained design elements of the building.
Said information shall be specifically shown on plans submitted for Zoning Division approval.
7. 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.
8. That food service with a full meal shall be available from opening time until closing time on
each day of operation.
9. That there shall be no pool tables, vending machines or arcade devices maintained upon the
premises at any time.
10. That the 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.
11. That the gross sales of alcoholic beverages shall not exceed forty percent (40%) of 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 alcohol and other
items. These records shall be made available for inspection by any City of Anaheim official
during reasonable business hours.
12. 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; provided, however, that the proposed public dance hall use with a cover
charge is denied.
13. That the sale of alcoholic beverages for off-premises consumption shall be prohibited.
14. 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 alcoholic beverages.
15. That the activities occurring in conjunction with the operation of this establishment shali not
cause noise disturbance to surrounding properties.
16. That the parking fot 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 for Police Department, Community Services
Division, review and approval.
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17. That the business operator shail comply with Section 24200.5 of the California 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.
18. That there shall be no public telephones on the premises located outside the building.
19. That signage shall be limited to existing and approved signs; and that temporary signs and
other advertising devices shall not be permitted except in connection with an approved
Special Event Permit issued by the Planning Department.
20. That no advertising or identification of any type shall be permitted on any outdoor furniture or
equipment including umbrellas, by illustration, by text or by any other means of visual
communication.
21. 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.
22. That four (4) foot high street address numbers shall be displayed on the flat area of the roof
of the building in a contrasting color to the roof material, provided that the numbers shall not
be visible to the street or adjacent properties. Said information shall be specifically shown on
plans submitted for Police Department, Community Services Division, review and approval.
23. T.h.at t.h.e trash storage area(s) shall be re.fu.rbis.hed to the_ satis.f.action of ihe Public W.orks_
Department, Streets and Sanitation Division, to comply with approved plans on file with said
Department.
24. That the legal owner of the subject property shall submit a letter requesting termination of
Conditional Use Permit No. 650 (to permit the on-premises sales and consumption of beer
and wine) and Variance No. 819 (to erect and operate a motel) to the Zoning Division.
25. That the hours of operation shall be limited to the following:
Sunday through Thursday: 8:30 a.m. to 11 p.m.
Friday and Saturday: 8:30 a.m. to midnight
26. That the existing structure shall comply with all applicable standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted
by the City of Anaheim.
27. i hat within a period of sixty (60) days from the date of this resolution, a complete set of
building plans prepared by a licensed architect or engineer for all the unpermitted structural
alterations shall be submitted for review and approval by the Building Division. Once said
plans have been approved, building permits shall be obtained for all unpermitted structures.
Modifications to comply with applicable requirements shali be properly performed and
thereafter inspected to assure compliance with approved plans.
28. That two (2) additional parking spaces shall be provided for a total of forty three (43) on-site
parking spaces. Said information shall be specifically shown on plans submitted to the City
Tra~c and Transportation Manager for review and approval.
29. Proposed Condition No. 29 was deleted at the Planning Commission public hearing.
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30. 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, 2 and 3, and as conditioned herein.
31. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 5, 6, 15,
16, 22, 23, 24, 26, 27, 28 and 30, 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.
32. 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 18, 2002.
C ERSON, ANAHEIM ITY PLANNING COMMISSION
ATTEST:
rz_
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 18, 2002, by the following vo#e of the members thereof:
AYES: COiVII~iiSSiON~RS: B~STWICK, ~RiSTUL, ~ASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this ~r e~ day of
,~e~e~,~e-r , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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