Resolution-PC 2002-52•
RESOLUTION NO. PC2002-52
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2681, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-36,
ADOPTED THEREWITH
WHEREAS, on May 13, 1985, the Planning Commission, by its Resolution No. PC85-124,
approved Conditional Use Permit No. 2681 to permit an enclosed freestanding restaurant with on-
premises sale and consumption of alcoholic beverages and waiver of minimum number of parking spaces
at 480 North Glassell Street; and
WHEREAS, on January 24, 1994, the Planning Commission, by its Resolution No. PC94-9,
amended the above-mentioned Resolution No. PC85-124 to permit four billiard tables in the existing
restaurant with on-premises sale and consumption of alcoholic beverages for five years until January 24,
1999; and
WHEREAS, on December 8, 1997, the Planning Commission, by its Resolution No. PC97-
172, amended the above-mentioned resolutions to permit live entertainment in the existing restaurant for
18 months until December 20, 1997; and
WHEREAS, on March 29, 1999, the Planning Commission, by its Resolution No. PC99-59,
amended the above-mentioned resolutions and reinstated the live entertainment with dinner dancing and
the three billiard tables in the restaurant unti! Macch 29, 2Q01; and
WHEREAS, on March 26, 2001, the Planning Commission, by its Resolution No. PC2001-
36, amended the above-mentioned resolutions to reinstate the live entertainment with dinner dancing and
the three billiard tables in the restaurant until March 26, 2002; and
WHEREAS, this property is developed with a 5,500 sq.ft. restaurant (Press Box Sports Bar
and Grill) in Development Area 1(Industrial Area) of the Northeast Area Specific Plan No. SP94-1; that
the Anaheim General Plan designates this property for General Industrial land uses; and that the
property is located in the Redevelopment Alpha Project Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which
under Condition No. 1 of Resolution No. PC2001-36 expires on March 26, 2002, to retain the previously-
approved restaurant with sale of alcoholic beverages for on-premises consumption and with three billiard
tables, and to add public entertainment (i.e., cover charge); and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 8, 2002, at 1:30 p.m., notice of said public hearing having been duiy 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 proposed use 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.
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3. That the size and shape of the site for the proposal is adequate to allow full development
of the use 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 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 substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
7. 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.
8. 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 to reinstate this conditional use permit to retain the
restaurant at 480 North Glassell Street (Press Box Sports Bar and Grill} with the sale of alcoholic
beverages for on-premises consumption and with three billiard tables and public entertainment (i.e., cover
charge); and does hereby find that the Negative Declaration previously approved in connection with
Conditional Use Permit No. 2681 is adequaie 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. 2681 for one (1) year to expire on March 26, 2003, to retain
the restaurant with sales of alcoholic beverages for on premises consumption with three billiard tables
and public entertainment (i.e. cover charge);
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend, the conditions of approval, in their entirety, to read as follows:
That the entitlement for three (3) billiard tables and public sr~tertainment, including a cover charge,
shall expire on March 26, 2003.
2. That the hours of operation shall be limited to the following:
Monday - Thursday 11:00 a.m. - 1:00 a.m.
Friday - Saturday 11:00 a.m. - 2:00 a.m.
Sunday 1:00 p.m. - 10:00 p.m.
3. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readi[y identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery.
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4. That in the event a parcel map to subdivide subject property is recorded, an unsubordinated
restricted covenant providing reciprocal access and parking, approved by the City Traffic and
Transportation Manager and the Zoning Division and in a form satisfactory to the City Attorney, shall
be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall
then be submitted to the Zoning Division. In addition, provisions shall be made in the covenant to
guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for
purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural
control, and that the covenant shall be referenced in all deeds transferring all or any part of the
interest in the property.
5. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shielded from view.
6. That the proposal shall comply with all signing requirements for Development Area 1(Industrial
Area) of the SP94-1 (Northeast Area Specific Plan) Zone unless a variance allowing sign waivers is
approved by the Planning Commission or Ciry Council.
7. 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.
8. That there shall be no bar or lounge maintained on the property unless licensed by the Department
of Atcoholic Beverage Control ("ABC") and appraved by the City of Anaheim.
9. That food service with a full meal shall be available from opening time until closing time, on each day
of oper-ation. _
10. That there shall be no more than three (3) pool tables maintained upon the premises at any time.
11. 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.
12. That the sale of alcoholic beverages 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 alcoholic beverages and other items. These
records shall be made available, subject to audit and, when requested inspection by any City of
Anaheim official during reasonable business hours.
13. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of proper permits as required by the Anaheirn Municipal Code.
14. That the sale of alcoholic beverages for consumption off the premises shail be prohibited.
15. 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 alcohol beverages, with the exception
of one (1) sign indicating "cocktails."
16. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
17. That at all times when entertainment, dancing and/or a cover charge is permitted, a minimum of finro
(2) uniformed security officers shall be provided to the satisfaction of the Anaheim Police
Department to deter unlawful conduct on the part of employees or patrons, and promote the safe
and orderly assembly and movement of persons and vehicles, and prevent disturbance to the
neighborhood by excessive noise created by patrons entering or leaving the premises.
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18. That the parking lot serving the premises shall be maintained 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.
19. 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.
20. 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.
21. That there shall be no public telephones on the premises located outside the building.
22. That the business owner shall notify the Anaheim Police Department, Vice Detail, thirty (30) days in
advance of any entertainment event at this location, which event will be furnished by an outside
promoter. This notice shall include the name, address and phone number of the promoter and
detailed information on the type of event including dates, hours, anticipated attendance and nature
of event.
23. That the public entertainment shall be limited to Tuesday through Saturday nights from 8 p.m. to
closing. Any change to this schedule shall be reviewed and approved by the Planning Commission
as a"Reports and Recommen.da#ions" item.
24. 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 through 4, and as conditioned herein.
25. 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
April 8, 2002.
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CHAIRPE N, ANAHEIM I PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 April 8, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
Q p r; L , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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