Resolution-PC 2002-174•
RESOLUTION NO. PC2002-174
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04451, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-155,
ADOPTED THEREWITH
WHEREAS, on November 5, 2001, the Anaheim City Planning Commission did, by its
Resolution No. PC2001-155, approve Conditional Use Permit No. 2002-04451 to permit a restaurant at 1084
and 1086 North State College Boulevard with public entertainment and on-premises sale and consumption of
alcoholic beverages and with waiver of minimum number of parking spaces (537 spaces required, 518
spaces approved); and that Condition No. 1 of said resolution specifies that the use permit shall expire one
year from the date of the resolution on November 5, 2002; and
WHEREAS, this property is developed with an 86,446 sq.ft. commercial retail center which has
30 tenant spaces, including subject restaurant (J.C. Fandango); that the underlying zoning is CL
(Commercial, Limited); and that the Anaheim General Plan designates the prope~ty for General Commercial
land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain
public entertainment and on-premises sale and consumption of alcoholic beverages in conjunction with the
existing restaurant pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 4, 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 amendment and to investigate and make findings
and recommendations in connection therewith; and that said public hearing was continued to the November
18 and December 2, 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 use, as proposed to be reinstated, is properly one for which a conditional use permit
is authorized by the Zoning Code.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located; and that the use permit has been operated in
substantially the same manner as originally approved by the Planning Commission and that the facts
necessary to support each and every required showing for the issuance of this entitlement exist.
3. That the size a~d stiape of th~ site for the use, as proposed to be reinstated, is adequate to
allow full development of the use in a manner not detrimental to the particular area nor to the peace, health,
safery and general welfare; and that there are no outstanding Code violations or complaints regarding this
property and the conditions of approval are being complied with and, therefore, the use permit is not being
exercised in a manner detrimental to the surrounding land uses.
4. That the traffic generated by the 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 this reinstatement, 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 this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and
that the petitioner has taken steps to conform with the conditions of approval, as evidenced by information
provided by the Anaheim Police Department; and that due to a lower number of calls for service, the Police
Department does not oppose this reinstatement.
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7. That one person spoke in opposition to the proposal at the November 4, 2002 meeting; and
that one letter in opposition was received at the November 18, 2002 meeting.
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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate and approve Conditional Use Permit No. 2001-04451 for a period of four years until
November 5, 2006; and
BE IT FURTHER RESOLVED, that the conditions of approval in Resolution No. PC2002-155,
adopted in connection with Conditional Use Permit No. 2001-04451, are hereby amended in their entirety to
read as follows:
1. That this conditional use permit shall expire on November 5, 2006.
2. That a valid business license shall be maintained with the City of Anaheim, Business License Division of
the Finance Department.
3. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any
time without issuance of the proper permits as required by the Anaheim Municipal Code.
4. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
5. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties; and that the entertainment provided shall not be audible beyond
the indoor area under the control of the licensee(s).
6. That at anytime when the premises are providing entertainment, the licensee(s) shall provide adequate
licensed uniformed security guard(s) as determined by the Police Department for the interior and
parking lot to shall maintain order thereon and to prevent any activity which would interFere with the
quiet enjoyment of the patrons and nearby residents.
7. That all doors serving subject establishment shall comply with 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, deliveries and in cases of emergency.
8. That the on-site security officer(s) shall periodically monitor the rear of the property to ensure that no
loitering or illegal dumping occurs.
9. That loitering shall be prohibited on or around these premises.
10. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernibl~ the appearance and conduct of all persons on or about the parking iot.
Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably
illuminate the windows of nearby residences.
11. That no pool tables, amusement devices or video games shall be maintained within subject
establishment without issuance of proper permits as required by the Anaheim Municipal Code.
12. 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.
13. That there shall be no public telephones on the premises located outside the building.
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14. That no window signs shall be permitted.
15. That all trash generated from this facility shall be properly contained in trash bin(s) kept within approved
trash enclosure(s). The number of bin(s) shall be adequate and the trash pick-up shall be as frequent
as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code
Enforcement Division of the Planning Department shall determine the need for additional bins or
additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for
by the business owner.
16. That the plan sheet for solid waste storage, collection and recycling shall be maintained as approved by
the Public Works Department, Streets and Sanitation Division.
17. That the on-site trash truck turn-around area shall be maintained in conformance with Engineering
Standard Detail No. 610; and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division.
18. That no vending machines shall be permitted on the property, which are visible to the public right-of-
way.
19. That no flyers or handbills advertising subject establishment shall be posted or otherwise permitted on
public property (e.g., utility poles or utility boxes) in the City of Anaheim. The business owner shall
reimburse the Code Enforcement Division for any costs to remove such handbills.
20. 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.
21. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use.
22. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance and removal of graffiti within finrenty four (24) hours from time of occurrence.
23. The licensee(s) shall be responsible for maintaining the area adjacent to the premises over which said
licensee has control free of litter, trash or debris.
24. That signage for subject facility shall be limited to all legal existing signs as of the date of this resolution.
Any additional signage shall be subject to review and approvaf by the Planning Commission as a
`Reports and Recommendations' item.
25. That at all times when the premises are open for business, the premises shall be maintained as a bona
fide restaurant and shall provide a menu containing an assortment of foods normally offered in such
restaurants.
26. That full and complete meals shall be served whenever the privileges of the `Alcoholic Beverage
Controi' license are being exercised.
27. That no `happy hour' type of reduced price alcoholic beverage promotion sha91 be aUowred.
28. That the applicant shall continue to increase the ratio of food sales to beverage sales such that the
quarterly gross sale of alcoholic beverages shall not exceed the gross sale of food during the same
period commencing with the 2"~ quarter of 2003. The licensee shall at all times maintain records which
separately identify the gross sale of food and the gross sale of alcoholic beverages of this licensed
business. Said records shall be kept no less frequently than on a quarterly basis and shall be made
available to the Anaheim Police Department on demand.
29. That the rear doors of the premises shall be equipped on the inside with an automatic locking device
and shall be closed at all times, and shall not be used as a means of access by patrons to and from the
licensed premises except during emergencies. Temporary use of these doors for delivery of supplies
does not constitute a violation.
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30. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays
of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of
this condition.
31. That no person under the age of finrenty one (21) years shall sell or deliver alcoholic beverages.
32. That licensee(s) shall not share any profits, or pay any percentage or commission, to a promoter or any
other person, based upon monies collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders or the sale of drinks.
33. 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.
34. That within a period of two (2) months from the date of this resolution, the landscaping planter along the
east property line shall be refurbished to the satisfaction of the Zoning Division.
35. 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 inciude any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
36. That the hours of operation shall be limited to 6 p.m. to 2 a.m., daily.
THE F~REG61N~ RE~~LUTION was adopted at the Planning Commission meeting of
December 2, 2002.
CHAIRPERSON, A AHEIM CITY PLANNING COMMISSION
ATTEST:
,~ / ~ ~.~T'K..1.o
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 Ciry Planning Commission
held on December 2, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this I'] ~ day of De ce m bP.~,
2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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