Resolution-PC 2002-57~
RESOLUTION NO. PC2002-57
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04523 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, County of Orange, State
of California, described as:
THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4
SOUTH, RANGE 11 WEST, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING THE NORTHWESTERLY CORNER OF TRACT
NO 4230 AS SHOWN ON A MAP RECORDED IN BOOK 243, JPAGES 43 AND 44
OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE, SOUTH 00° 16' 08" EAST, 200.00 FEET ALONG THE WEST LINE OF
SAIDE TRACT NO. 4230
THENCE LEAVING SAID WEST LINE SOUTH 89° 40' 53" WEST, 332.65 FEET TO
Tki€ WEST LIN€ OF SAID WEST HALF; TMENCE ALONG Sl~ID LAST
MENTIONED WEST LINE, NORTH 00° 18; 05" WEST, 180.00 FEET, TO A POINT
ON THE SOUTH LINE OF PARCEL 2 AS DESCRIBED IN A DEED TO THE STATE
OF CALIFORNIA, RECORDED IN BOOK 3548, PAGE 540 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG SAID SOUTH LINE OF PARCEL 2, NORTH 89° 40' 53" EAST,
40.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2;
THENCE ALONE THE SOUTHEASTERLY LINE OF SAID PARCEL 2, NORTH 44°
41' 24" EAST 28.29 FEET TO A POINT, SAID POINT BEING THE MOST
EASTERLY CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE
SOUTH LINE OF PARCEL 1 AS DESCRIBED IN SAID DEED TO THE STATE OF
CALIFORNIA;
THENCE ALONG SAID SOUTH LINE OF PACEL 1 AND THE EASTELY
PROLONGATION THEREOF NORTH 89° 40' S3" EAST 272.76 FEET TO THE
POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 22, 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 ard co^sider svidsnce for and against said proposed conditiona! us~ perm':t ar~+ #o inves#Bga±~
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 this conditional use permit was advertised as a request to (1) establish land use
conformity with existing Zoning Code land use requirements for an existing commercial retail center and
liquor store and (2) permit on-premises sale and consumption of beer and wine in an existing restaurant,
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but that following public notification it was determined that the first part (to establish land use conformity
with existing Zoning Code land use requirements for an existing commercial retail center and liquor store)
was not necessary.
2. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.05.010 to permit on-premises sale and consumption of beer and
wine in an existing restaurant.
3. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located; and that Police Department records
indicate no calls for service to this location during the past year.
4. That the size and shape of the site for fhe proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. 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.
7. 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: 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 grant subject Petition for Conditional Use Permit No. 2002-04523, in part, 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:
1. That subject restaurant shall continuously adhere to the following conditions, as required by the
Police Department:
a. 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 normaliy offered
at such restaurants.
b. No amplified music shall be allowed on the premises at any time.
c. Quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the
same period. The licensee shall at all times maintain records which separately reflect the gross
sales of food and the gross sales of alcoholic beverages of the licensed business. Said records
shall be kept no less frequently than on a quarterly basis and shall be made available to the
Police Department on demand.
d. No dancing shall be allowed on the premises.
e. No amusement machines or video game devices shall be maintained on the premises at any
time.
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f. No live entertainment of any type, including but not limited to live music, disc jockey, karaoke,
topless entertainment, male or female performers or fashion shows, shall be permitted on the
premises at any time.
g. No bar or lounge shall be maintained for the purpose of sales, service or consumption of alcoholic
beverages directly to patrons for consumption.
h. No pool tables shall be maintained on the premises at any time.
i. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed.
j. No exterior advertising of any kind or type, including advertising directed to the exterior from
within, promoting or indicating the availability of alcoholic beverages, shall be permitted at any
time. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior of
the building shall constitute a violation of this condition.
k. 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 shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
I. Any graffiti painted or marked upon the premises or any adjacent area under the control of the
licensee shall be removed or painted over within twenty four (24) hours of being applied.
2. Tha~ ~he ho~rs of operation shall be limited to-the following:
Monday:
Tuesday - Thursday:
Friday - Saturday:
Sunday:
Closed
11 a.m. to 8 p.m.
9 a.m. to 11 p.m.
9 a.m. to 8 p.m.
3. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 1210 (to permit a 64-unit two-story motel).
4. That subject property shall be developed substantialiy 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.
5. That four (4) foot high street address numbers shall be displayed on the roof of the bui~ding in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on plans submitted to the Police Department
for review and approval.
6. That prior to commencement of the activity authorized by this resolution, or prior to final building and
zoning inspections, or within a period of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 1.k, 3, 4 and 5, above-mentioned, shall be complied with.
7. 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 applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
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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
April 22, 2002.
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CHAIRPER O, ANAHEIM CI PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNtA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 22, 2002, by the following vote of the members thereof:
AYES: COMNFFSSIONERS: /~RNOLD, BOS~INIEK, BRIS~OL, EASTMAN, K008, VANDERBfLT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
/ T.(
IN WITNESS WHEREOF, I have hereunto set my hand this Lo day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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