Resolution-PC 2002-9•
RESOLUTION NO. PC2002-9
~
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMtSSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2000-04286
(TRACKING NO. CUP2001-04488) AND AMENDING
CERTAIN CONDITIONS OF APPROVAL THEREOF
WHEREAS, on January 17, 2001, the Anaheim City Planning Commission adopted
Resolution No. PC2001-5 to grant Conditional Use Permit No. 2000-04286 (to permit on-premise sales
and consumption of beer and wine and outdoor dining with waiver of minimum number of parking
spaces); that Condition No. 1 of said resolution specifies that the on-premises sale and consumption of
beer and wine shall expire on January 17, 2002; and
WHEREAS, the Petitioner has requested reinstatement of this conditional use permit
which expires on January 17, 2002 and to delete Condition No. 12 of Resolution No. PC2001-5 pertaining
to the one-year time limitation and to modify the hours of operation; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 14, 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 reinstatement of Conditional
Use Permit No. 2000-04286 and modification to the hours of operation 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
Anaheim Municipal Code Sections 18.03.030 and 18.03.093.
2. That the facts necessary to support each and every required showing for the issuance of
such entitlement as set forth in Chapter 18.03 exist;
3. That the petitioner has taken significant steps to comply with the conditions of approval as
evidenced by the information provided by the Code Enforcement Division; and said permit is being
exercised substantially in the same manner and in conformance with all conditions and stipulations
originally approved by the Commission;
4. That said permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, health and safety and general welfare;
5. That with regard to deletion of the time limitation and modification to the hours of operation,
such amendments (including granting the permit for an additional five years) are necessary to permit
reasonable operation under the permit as granted;
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain on-premises sales and consumption of beer
and wine in conjunction with a sit-down restaurant with outdoor dining and to amend the hours of
operation and does hereby find the Negative Declaration previously approved in connection with
Conditionaf Use Permit No. 2000-04286 (TRACKING NO. CUP 2001-04488) 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 Negative Declaration
(Tracking No. 2001-4488) - 1 - PC2002-9
CR5279DM.doc
• ~
together with any comments received during the public review process and further finding on the basis of
the initial study and 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 grant the reinstatement of Conditional Use Permit No. 2000-04286 (Tracking No. CUP2001-
04488) including the modification to the hours of operation; and hereby incorporates the conditions of
approval contained in Resolution No. PC2001-5 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 the on-premises sale and consumption of beer and wine inside this restaurant shall expire on
January 17, 2007.
2. That the landscape planters shall be permanently maintained with live and healthy plant materials.
3. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
4. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
5. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be kept
closed at all times during operation of the premises except for ingress/egress, deliveries and
emergencies.
6. 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.
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 Alcoholic Beverage
Control and approved by the City of Anaheim.
9. That food service with a full meat shall be available from opening time until closing time, on each day of
operation.
10. That there shall be no pool tables, vending machines or arcade devices 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 premise as defined in Section 23039 of the California
Business and Professions Code.
12. That the gross sales of beer anti wine shall no# exceed 40 percent of gross sales of a!I retai! 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 availabie fior
inspection by any City of Anaheim o~cial 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 Anaheim Municipal Code.
14. That the sales of beer and wine for off-premises consumption shall 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 beer and wine.
- 2 - PC2002-9
• ~
16. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
17. That the hours of operation for the restaurant and the on-premise sales and consumption of beer and
wine shall be permitted only between the hours of 11 a.m. to 12:30 a.m. Sunday through Thursday and
11 a.m. to 1a.m. on Friday and Saturday.
18. 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 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 there shall be no public telephones on the premises located outside the building.
21. That signage shall be limited to existing and approved signs. That temporary signs and other advertising
devices shall not be permitted except when in connection with an approved Special Event Permit.
22. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas by illustration, text or any other means of communication.
23. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of gra~ti wifhin twenty-four (24} hours from fime of
occurrence.
24. That three (3) foot high address numbers shall be displayed on the flat area of the roof in a contrasting
color to the roof material, provided the numbers shall not be visible from the street or adjacent
properties.
25. That beer and wine shall not be served in the outdoor dining area and that seating shall be limited to 26
seats indoors and 14 seats outdoors. That a sign shall be maintained on the doors leading to the
outdoor dining area indicating that beer and wine is prohibited from being consumed in that area.
26. 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 3, and Revision 1 to Exhibit No. 2, and as conditioned herein.
27. 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.
SE IT FURTHER RESOLVED that the Anaheim City Planning Cornmission 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,
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 - PC2002-9
~
.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 14, 2002.
~ , ~~
CHAIRPERSON, N HEIM CITY P NING COMMISSION
ATTEST:
,~ ~
SECRETARY, ANAHEI CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
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 January 14, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~~, 2002.
L ~ J~ ~/l.Q~t/~.~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2002-9