Resolution-PC 2003-140•
RESOLUTION NO. PC2003-140
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2001-178 AMENDED BY PC2002-156,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2001-04466
WHEREAS, on December 17, 2001, the Anaheim City Planning Commission did, by its
Resolution No. PC2001-178, grant Conditional Use Permit No. 2001-04466 to establish land use
conformity with existing Zoning Code requirements for a commercial retail center and to permit the sale of
beer and wine for on-premises consumption in conjunction with an existing restaurant; and that said
resolution included the following condition of approval:
1-j. That sales, service and consumption of beer and wine shall be permitted only
during the following hours:
Sunday through Thursday: 11 a.m. to 10 p.m.
Friday and Saturday: 11 a.m. to 12 midnight
WHEREAS, on October 7, 2002, the Planning Commission did, by its Resolution No.
PC2002-156, amend the conditions of approval of the above-mentioned Resolution No. PC2001-178,
including amending Condition No. 1-j and adding new Condition No. 1-q to read as follows:
4 j. Tk~at sales, se~i~e and eonsurnption of bee~ a~td wine shaN be permitted o~ly--
between the hours of:
Sunday through Thursday: 10 a.m. to 10 p.m.
Friday and Saturday: 10 a.m. to 1 a.m.
1-q. That Condition No. 1-j, above-mentioned, shall expire one (1) year from the date of
this resolution, on October 7, 2003, after which the hours of operation shall return
to those originally approved, as follows:
Sunday through Thursday: 11 a.m. to 10 p.m.
Friday and Saturday: 11 a.m. to 12 midnight
WHEREAS, this property is developed with a commercial retail center located on the north
side of La Palma Avenue opposite Mohican Avenue, with six tenant units including a restaurant at 1751
West La Palma Avenue (EI Rey Del Marisco) with retail sale of beer and wine for on-premises
consumption; that the center is part of a strip of commercial properties fronting on the north side of La
Palma Avenue between Onondaga Avenue and Euclid Street; that the property is zoned CL
(Commercial, Limited); and that the Land Use Element of the Anaheim General Plan designates the
property for General Commercial land uses; and
WHEREAS the petitioner has requested amendment to the conditions of approval
pertaining to the hours of operation for the previously-approved restaurant with the retail sale of beer wine
for on-premises consumption under authority of Code Sections 18.03.091 and 18.03.092; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 20, 2003, 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
Tracking No. CUP2003-04769
cr\PC2003-140.doc -1- PC2003-140
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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, as proposed to be amended, is properly one for which a conditional
use permit is authorized by the Zoning Code.
2. That the use, 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, as amended, 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, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry traffic in the area.
5. That amending 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; and
that Code Enforcement and Zoning staff have inspected the premises and determined that the restaurant
is operating in conformance with the existing conditions of approval, and that no calls for service or police
reports were taken at this restaurant for the previous year.
6. That the use for which the approval was originally granted has not been exercised so as to
be detrirr~e~~aE ~o ~k~e-public ~ieaE~kr oFSa~e~y, or so as to eo~ts~t~trte a nuisaFlCe. --
7. That the proposed modification, including the imposition of an additional condition, is
necessary to permit reasonable operation of the restaurant under the conditional use permit as originally
granted.
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: 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 amend the conditions of approval of Resolution No. PC2001-178 as amended by Resolution No.
PC2002-156, adopted in connection with Conditional Use Permit No. PC2001-04466, to read as follows:
Restaurant With On-sale Beer and Wine
That subject restaurant shall continuously adhere to the following conditions, as required by the
Police Department:
a. 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.
b. That there shall be no bar or lounge maintained on the property unless licensed by the
Department of Alcoholic Beverage Control ("ABC") and approved by the City of Anaheim.
c. That food service with a full meal shall be available from opening time uritil closing time, on
each day of operation.
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That there shall be no pool tables maintained upon the premises at any time.
e. That the sale of beer and wine 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 beer and wine 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.
That there shall be no live entertainment, amplified music or dancing permitted on the premises
at any time without issuance of the proper permits as required by the Anaheim Municipal Code.
g. That the sale of beer and wine for consumption off the premises shall be prohibited.
That there shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from inside, promoting or indicating the availability of alcohol beverages.
That the activities occurring in conjunction with the operation of this estabfishment shalf not
cause noise disturbance to surrounding properties.
(1) That the daily hours of operation for this facility shall be limited to 9 a.m. to 12 midnight
for five (5) years until October 19, 2008; and
(2) That five (5) years from the date of this resolution on October 20, 2008, the hours of
operation shall be limited to the following:
Sunday through Thursday: 9 a.m. to 10 p.m.
Friday and Saturday: 9 a.m. to 12 midnight
k. 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.
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.
m. That no vending machines shall be visible from any public right-of-way.
n. 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.
o. That there shall be no public telephones on the property that are located outside the building
and within the control of the applicant.
p. That no admission fee, cover charge, advance pre-payment for meals or similar fees shall be
imposed on patrons as a condition of entry to the premises.
Commercial Retail Center
2. That landscape planters shall be maintained with live and healthy plants in accordance with City
standards.
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3. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted.
4. That no roof-mounted balloons or other inflated devices shall be permitted.
5. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
6. That no vending machines shall be permitted on the property which are visible from the public right-
of-way.
7. That four (4) foot high address numbers shall be maintained on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent street or
properties.
8. That any existing or proposed roof-mounted equipment shall be subject to the screening
requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial,
Limited) Zone.
That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
10. That the 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 twenty
four (24) hours from time of occurrence.
11. That the premises shall be maintained free of litter at all times.
12. That the number of tenant spaces shall be limited to five (5) units as specified on the approved site
plan (Exhibit No. 1).
13. That signage for subject facility shall be limited to all legal existing signs as of the date of this
resolution. Any additional signs shall be subject to approval by the Planning Commission as a
'Reports and Recommendations' item.
14. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernable 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.
15. 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, 2 and 3, and as conditioned herein.
16. 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 20, 2003. ,
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 October 20, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHER EOF, I have hereunto set my hand this l~i ~' day of
~eecrv~boA., 2003.
Ji/Cic-C ~
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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