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Resolution-PC 2002-58• RESOLUTION NO. PC2002-58 l J A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04529 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: PARCEL A: PARCELS 5 THRU 10 INCLUSIVE IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED N BOOK 18, PAGE 30 OF PARCEL MAPS, PARCEL B: LOTS 1, 2, 3 AND 4, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON LOT LINE ADJUSTMENT NO. 344, RECORDED NOVEMBER 1, 1995 AS INSTRUMENT NO. 95-0486035, OFFICIAL RECORDS. PARCEL C: PARCELS 1 AND 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL D: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18.,. TOWNSHIP 4 SOUTH, RANGE 10 WES_T, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 50.00 FEET NORTHERLY FROM THE NORTH LINE OF THE SOUTH 25 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18. EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EAST LINE OF LOT 1 OR TRACT NO. 2701, AS PER MAP RECORDED IN BOOK 115, PAGES 5 AND 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN SAID SOUTH 25 ACRES. 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 and consider evidence for and against said proposed conditional use permit 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 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 (2) permit on-premises sale and consumption of beer and wine in an existing restaurant, 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 the existing commercial retail center) was not necessary. CR5343DM.doc -1- PC2002-58 • • 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. 4. That the size and shape of the site for the 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 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, 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 normally 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 reflect separately 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 upon the premises at any time. 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 at any time. g. No bar or lounge shall be maintained on the premises for the purpose of sales, service or consumption of alcoholic beverages directly to patrons for consumption. -2- PC2002-58 • • h. No pool tables shall be maintained upon the premises at any time. i. (Infenfionally de/eted because proposed condition 1.i was the same as 1.g, above.) No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. k. No exterior advertising 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. 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. m. Any graffiti applied 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. That the hours of operation shall be limited to 10:00 a.m. to 10:00 p.m., Monday through Sunday. 3. That four (4) foot high street address numbers shall be displayed on the roof of the building 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. 4. 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. 5. That any additional signage shall be submitted to the Zoning Division for review and approval. Any decision by Zoning Division staff may be appealed to the Planning Commission as a"Reports and Recommendations" item. 6. That any exterior pay telephones under the control of the applicant shall be removed. 7. That no window signage shall be permitted. 8. That prior to the commencement of the activity authorized by this resolution or wi#hin a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1.1., 3, 4 and 6, above-mentioned, shall be complied with. 9. 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. Approvai does not include any action or findings as to cornpliance 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 expressfy 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. -3- PC2002-58 • • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 22, 2002. . ~~,~/ /l t?ln{: CHAIRPERS , ANAHEIM CITY NNING COMMISSION ATTEST: ~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim Ciry 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: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN / T!, IN WITNESS WHEREOF, I have hereunto set my hand this (n day of __, 2002. ~-L, ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2002-58