Resolution-PC 2002-53•
RESOLUTION NO. PC2002-53
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4189, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2000R-83,
ADOPTED THEREWITH
WHEREAS, on May 23, 2000, Anaheim City Council, by its Resolution No. 2000R-83,
approved Conditional Use Permit No. 4189 to retain the sale of beer and wine for on-premises
consumption in conjunction with the expansion of an existing restaurant and to establish conformity with
existing Zoning Code land use requirements for an existing commercial center on property located at
2871-2897 West Lincoln Avenue with waiver of minimum number of parking spaces; and that approval of
said resolution included a condition (No. 16) specifying that the beer and wine portion of the use permit
shall expire on April 10, 2002; and
WHEREAS, the property is developed with a 15,785 sq.ft. commercial retail center with 11
tenant spaces built in 1981; that the zoning is CL (Commercial, Limited); that the Anaheim General Plan
Land Use Element designates the property for Low-Medium Density Residential land uses; and that the
property is located in the West Anaheim Commercial Corridor Redevelopment Project Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
retain the sales of beer and wine for on-premises consumption in an existing restaurant; 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 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 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.
3. That the size and shape of the site for the use is adequate to allow full development of the
use in a manner not detrimental to fhe particuiar area nor to the peace, health, safety and generai
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 reinstating 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.
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.
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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 and amend the
conditions of approval to retain the sale of beer and wine for on-premises consumption in an existing
restaurant on property consisting of 1.5 acres located at the northeast corner of Lincoln Avenue and Bel
Air Street; and does hereby find that the Negative Declaration previously approved in connection with
this use permit 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 amend Resolution No. 2000R-83, adopted in connection with Conditional Use Permit No. 4189, to
reinstate this conditional use permit and to amend the conditions of approval in their entirety to read as
follows:
Restaurant Conditions
1. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be
kept closed and unlocked at all times during hours of operation except for ingress and egress, to
permit deliveries and in case of eme[ge_ncy.
2. That this restaurant shall be operated as a"bona fide public eating place" as defined by Section 23038
of the California Business and Professions Code.
3. That no bar or lounge shall be maintained on the property unless approved by the City of Anaheim and
licensed by the Department of Alcoholic Beverage Control ("ABC").
4. That food service with a full meal shall be available from opening time until closing time on each day of
operation.
5. That there shall be no pool tables, video, electronic or other amusement devices or games permitted
or maintained upon the premises at any time.
6. 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 ~3039 of
the California Business and Professions Code.
7. That the gross sales of beer and wine 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 beer and wine and other items. These records shall be
made available for inspection by any City of Anaheim official during reasonable business hours.
8. 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 Anaheim Municipal Code.
9. That the sale of beer and wine for off-premises consumption shall be prohibited.
10. 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 beer and wine.
11. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
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12. That, as stipulated by the petitioner, the hours of operation shall be limited to the following:
Sunday through Thursday: 9 a.m. to 11 p.m.
Friday and Saturday: 9 a.m. to midnight.
13. That all existing and proposed roof-mounted equipment shall be completely screened from view in all
directions by properly maintained design elements of the building.
14. That signage for the restaurant shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signage shall be subject to
approval by the Planning Commission as a"Reports and Recommendation" item.
15. That no outdoor dining area shall be permitted without either (a) modification to this conditional use
permit or (b) approval of another conditional use permit specifically approving such use.
16. 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.
17. That there shall be no public telephones on the premises located outside the building.
18. That no advertising or identification of any type shall be permitted on any outdoor furniture or
e4u.iqment, includ.ing umbrel.las., .by illustration, text or any other means of communication..
19. 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 2, and as conditioned herein.
Commercial Center Conditions
20. That all public telephones (existing or proposed) shall be located inside the building.
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 shietded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
22. That ar~y tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
23. That the existing trees planted twenty (20) feet on-center along Lincoln Avenue and Bel Air Street shall
not be unreasonably pruned, and shall be maintained in a healthy condition.
24. That no roof-mounted balloons or other inflated devices shall be permitted on the property.
25. That no vending machines, which are visible to Lincoln Avenue and/or Bel Air Street, shall be
permitted on this property.
26. That three (3) foot high street address numbers shall be displayed on the roof of the building in a color
contrasting to the roof material. The numbers shall not be visible to the view from of the adjacent
streets or properties.
27. That any existing or proposed roof-mounted equipment shall be subject to the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
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28. That the number of tenant spaces shall be limited to eleven (11) units, as shown on the exhibits
submitted by the petitioner and approved by the Planning Commission.
29. That this 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 finrenty four
(24) hours from time of occurrence.
30. That a minimum of seventy eight (78) properly striped parking spaces shall be provided on-site.
31. That trash storage area(s) shall be maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division, in compliance with approved plans on file with said Department.
32. That no signs shall be placed on the clock tower.
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 final plans showing the design of the "smoking patio" shall be submitted to the Zoning Division of
the Planning Department for review and approval by staff prior to said "smoking patio" being provided.
Any decision made by the Zoning Division regarding said plan may be appealed to the Planning
Commission as a"Reports and Recommendations" item.
35. That approval of this application constitutes approval of the proposed request only to the extent that
i.t comp.lies. with the Anaheim. M.unicipal. 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 S N, ANAHEIM C PLANNING COMMISSION
ATTEST:
~.,~.A~..~
SECRETARY, ANAHEIM CITY PLANNlNG COMMISSION
STATE OF CALIFOI~NIA )
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 l d T"6 day of
~ ~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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