Resolution-PC 2003-162~
RESOLUTION NO. PC2003-162
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4113, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 99R-158,
ADOPTED THEREWITH
WHEREAS, on July 13, 1999, the Anaheim City Council did, by its Resolution No. 99R-158,
grant Conditional Use Permit No. 4113 to permit a restaurant with sale of alcoholic beverages for on-
premises consumption, including a bar, entertainment, dancing and banquets at 500 North Brookhurst
Street (Plaza Garibaldi Restaurant); and that said Resolution includes the foliowing conditions of
approval:
"18. That the hours of operation shall be limited to 11 a.m. to 11 p.m., Sundays through
Thursdays, and 11 a.m. to 12 a.m. on Fridays and Saturdays.
27. That this conditional use permit shall expire, and the uses approved hereunder
shali be terminated on July 13, 2003."
WHEREAS, this property is developed with a freestanding restaurant in the CL(BCC)
(Commercial, Limited - Brookhurst Commercial Corridor Overlay) Zone; that the property is located
within the West Anaheim Commercial Corridors Redevelopment Area; and that the Anaheim General
Plan Land Use Element designates the property for General Commercial land uses; and
WHEREAS, the Petitioner has requested reinstatement of this conditional use permit to
retain the retail sale of alcoholic beverages for on-premises consumption in an existing restaurant with
bar and banquet facilities and with accessory public entertainment pursuant to Code Section 18.03.093
(Extensions of Conditional Use Permits and Variances Approved with Time Limitations) of the Anaheim
Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 3, 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 that the public hearing was continued
to the December 1, 2003 Planning Commission meeting; 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 use, as proposed to be reinstated and as amended, 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, as proposed to be 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 will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
Tracking No. CUP2003-04781
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5. That granting this reinstatement, 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 City Council.
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.
8. That one person spoke at the public hearing in favor of the proposal.
9. That no one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain the retail sale of alcoholic beverages for on-
premises consumption in an existing restaurant with a bar and banquet facilities, and to permit accessory
public entertainment on property consisting of a rectangular-shaped 1.2-acre property located at the
northeast corner of Alameda Avenue and Brookhurst Street, having frontages of 270 feet on the north
side of Alameda Avenue and 195 feet on the east side of Brookhurst Street, and further described as 500
North Brookhurst Street (Plaza Garibaldi Restaurant); and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4113 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 anp comments received daring the pubtic 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 reinstate and approve Conditional Use Permit No. 4113 to retain the retail sale of alcoholic
beverages for on-premises consumption in an existing restaurant with bar and banquet facilities and with
accessory public entertainment; and
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in its
entirety, the conditions of approval in Resolution No. 99R-158, adopted in connection with Conditional
Use Permit No. 4113, to read as follows:
1. That the retail sale of alcoholic beverages for on-premises consumption and the public entertainment
portion of this Conditional Use Permit shall expire in one (1) year on December 1, 2004.
2. That no outdoor storage shall be permitted.
3. That trash storage areas shall be maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department.
4. 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.
5. That this establishment shall be operated as a`bona fide public eating place' as defined by Section
23038 of the California Business and Professions Code.
6. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
7. That there shall be no pool tables maintained upon the premises at any time.
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8. 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 by Section 23039
of the California Business and Professions Code
9. That the sale of alcoholic beverages 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 alcoholic beverages and other items. These
records shall be made available, subject to audit and, when requested, for inspection by any City of
Anaheim official during reasonable business hours.
10. That there shali be no live entertainment, amplified music or dancing permitted on the premises at
any time without the issuance of proper permits as required by the Anaheim Municipal Code.
11. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
12. 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, with the exception
of one (1) sign specifying "cocktails."
13. That the hours of operation shall be limited to the following:
Sunday through Thursday: 11 a.m. to 11 p.m.
Friday and Saturday: 11 a.m. to 1 a.m.
14. That the parking lot serving the premises shall be equipped and maintained with decorative 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 fo unreasona6ly ilfuminate fhe windows of near~iy p~opertie~.
15. That the business operator shall comply with Section 24200.5 of the California 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.
16. That there shall be no public telephones on the property which are located outside the building.
17. That the parking lot shall be chained, locked and emptied of patrons no later than one half (0.5) hour
after the closing of the restaurant.
18. That a plan showing screening for the existing above-ground transformer and refurbishment of the
existing landscape planters, including additional shrubs and flowers along the south building wall
and refurbishment of the planter along the south property line adjacent to the parking lot, shall be
submitted to the Zoning Division for review and approval. Said landscaping plan shall be
implemented within thirty (30) days from the date of Zoning Division approval.
19. That the property owner shall pay the cost of quarterly Code Enforcement inspections, or inspections
as often as deemed necessary by the Anaheim Code Enforcement Division, to gain and/or maintain
compliance with State and local statutes, ordinances, laws or regulations.
20. Proposed Condition No. 20 was intentionally deleted at the December 1, 2003 public hearing.
21. That the property owner shall remove the un-permitted monument sign located at the southwest
corner of the property, or process a variance to retain and maintain said sign.
22. That the appropriate permits shall be obtained for all existing un-permitted wall signage. Such signs
shall not exceed ten percent (10%) of the building face area as permitted by the Zoning Code. Said
information shall be specifically shown on plans submitted to the Zoning Division and Building
Division for review and approval. Any additional signs shall be subject to review and approval by the
Zoning Division and may be appealed to the Planning Commission as a'Reports and
Recommendation Item.'
23. Proposed Condition No. 23 was intentionally deleted at the December 1, 2003 public hearing.
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24. That activities inside the building shall not create sound levels which violate any ordinance of the City of
Anaheim.
25. That the number of persons inside the premises shall not exceed the maximum occupancy load as
determined by the Anaheim Fire Department. Signs specifying the occupant load shall be posted in a
conspicuous place on an approved sign near the main exit from the room.
26. That the doors shall remain closed but unlocked at all times when entertainment is permitted, except
during times of entry or exit, emergencies and deliveries.
27. That the business shall not be operated in such a way so as to be detrimental to the public health,
safety or welfare.
28. That all entertainers and employees shall be clothed in such a way so as not to expose "specified
anatomical areas" as described in Section 7.16.060 (Public Nudity-Prohibited) of Chapter 7.16
(Disorderly Conduct) of the Anaheim Municipal Code.
29. That the floor space provided for dancing shall be free of any furniture or partitions, and shali be
maintained in a smooth and safe condition.
30. That the entertainment shall be restricted to that which is approved on the entertainment permit issued
by the City of Anaheim.
31. That no person under the age of twenty one (21) years shall sell or deliver alcoholic beverages.
32. That the Petitioner shall post and maintain a professional quality sign, at least two (2) square feet in
size with two (2) inch block lettering in English and in Spanish, facing the premises' parking lot(s)
and reading as follows:
"NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST"
33. That no minor under the age of sixteen (16) years shall be allowed to attend the dancing, unless
accompanied by a parent or guardian.
34. That the business shall be maintained as a legitimate restaurant as defined in Section 18.01.190 ("R"
Words, Terms and Phrases) of the Anaheim Municipal Code, and shall contain an area designed and
utilized for food preparation which constitutes not less than twenty five percent (25%) of the gross floor
area of the establishment.
35. That the floor plan of the proposed restaurant shall be specifically limited to submitted plans
including permanent booths for dining in the room with the dance floor as shown on Exhibit No. 2.
Any modification to the floor plan shall be submitted to the Planning Department for Planning
Commission review and approval as a'Reports and Recommendations' item.
36. That subject property shall be developed substantially in accordance with ptans 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.
37. That within a period of sixty days (60) from the date of this Resolution, Condition Nos. 18, 21, 22, 25,
32 and 35, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments,
Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of
the Anaheim Municipal Code.
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38. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 1, 2003.
CH 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 Decemb-er 1,2003_„ by the following vote of the members thereof: __
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: BOSTWICK
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~lS~ day of
P P P ,Er, ~.~I- , 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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