Resolution-PC 2003-70• •
RESOLUTION NO. PC2003-70
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC85-124,
AS AMENDED BY RESOLUTION NOS. PC94-9, PC97-172, PC99-59, PC2001-36 AND PC2002-52,
ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2681
W HEREAS, on May 13, 1985, the Anaheim City Planning Commission did, by its
Resolution No. PC85-124, grant Conditional Use Permit No. 2681 to permit an enclosed freestanding
restaurant with on-premises sale and consumption of alcoholic beverages and waiver of minimum
number of parking spaces at 480 North Glassell Street; and
WHEREAS, on January 24, 1994, the Planning Commission did, by its Resolution No.
PC94-9, amend the above-mentioned Resolution to permit four billiard tables in the existing restaurant
with on-premises sale and consumption of alcoholic beverages for five years until January 24, 1999; and
WHEREAS, on December 8, 1997, the Planning Commission did, by its Resolution No.
PC97-172, amend the afore-mentioned Resolution, as amended, to permit live entertainment in the
existing restaurant for 18 months until December 20, 1997; and
WHEREAS, on March 29, 1999, the Planning Commission did, by its Resolution No. PC99-
59, amend the afore-mentioned Resolution, as amended, to reinstate the live entertainment with dinner
dancing. and the three. billiard tables. in .the res.taurant.until Mar_ch 29., 2~01; and
WHEREAS, on March 26, 2001, the Planning Commission did, by its Resolution No.
PC2001-36, amend the afore-mentioned Resolution, as amended, to reinstate the live entertainment with
dinner dancing and the three billiard tables in the restaurant until March 26, 2002; and
WHEREAS, on April 8, 2002, the Planning Commission did, by its Resolution No. PC2002-
52, amend the afore-mentioned Resolution, as amended, to reinstate this Conditional Use Permit for one
year to expire on March 26, 2003, to retain the restaurant with sale of alcoholic beverages for on-
premises consumption with three billiard tables and public entertainment (i.e., cover charge), and to
amend the conditions of approval in their entirety; and that said Resolution includes the following
condition of approval:
That the entitlement for three (3) billiard tables and public entertainment, including
the cover charge, shall expire on March 26, 2003.
WHEREAS, subject property is developed with a 5,500 square foot restaurant (Press Box
Sports Bar and Grill) in Development Area 5(Commercial Area) of the Northeast Area Specific Plan No.
SP94-1; and that the Anaheim General Plan Land Use Element Map designates this property for General
Industrial land uses; and
WHEREAS, under authority of Code Section 18.03.093, the petitioner has requested to
amend said conditions of approval pertaining to a time limitation (approved on April 8, 2002, to expire on
March 26, 20~3) to retain the previously-approved restaurant with sale of alcoholic beverages for on-
premises consumption with three billiard tables and public entertainment with a cover charge; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 5, 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 said public hearing was continued to the
May 19, 2003, Planning Commission meeting; and
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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 is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the use, as proposed to be 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, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That the 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.
6. That this Use Permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the approval body; and that field
inspections by Code Enforcement and Zoning Division staff indicate that the use of the property is
curcently in compliance wlth all conditions of .appr-oual..
7. That deletion of the time limitation is necessary to permit reasonable operation of the
approved use (i.e., the public entertainment and billiard table portions of the existing restaurant) under the
Use Permit as originally granted.
8. That the size and shape of the site is adequate to allow this use, as proposed to be
amended; and that the existing business is being operated in a manner which is not detrimental to the
surrounding area or land uses, nor to the public peace, health, safety and general welfare.
9. 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: That the Anaheim City
Planning Commission has reviewed the proposal to amend the conditions of approval pertaining to a time
limitation to retain the previously-approved restaurant with sale of alcoholic beverages for on-premises
consumption with three billiard tables and public entertainment with a cover charge, and does hereby find
that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2681 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 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 reinstate and approve Conditional Use Permit No. 2681 to retain three (3) billiard tables and public
entertainment with a cover charge in conjunction with a previously-approved restaurant with sale of
alcoholic beverages for on-premises consumption without a time limitation;
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AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend the conditions of approval of Resolution No. PC85-124, amended by Resolution Nos.
PC94-9, PC97-172, PC99-59, PC2001-36 and PC2002-52, adopted in connection with Conditional Use
Permit No. 2681, in their entirety to read as follows:
That the hours of operation shall be limited to the following:
Monday - Thursday: 11:00 a.m. - 1:00 a.m.
Friday - Saturday: 11:00 a.m. - 2:00 a.m.
Sunday: 1:00 p.m. - 10:00 p.m.
That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance with approved ptans on file with said
Department. Said storage area(s) shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected
from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines
planted on maximum three (3) foot centers, or tall shrubbery.
3. That in the event a parcel map to subdivide subject property is recorded, an unsubordinated
restricted covenant providing reciprocat access and parking, approved by the City Traffic and
Transportation Manager and the Zoning Division and in a form satisfactory to the City Attorney, shall
be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall
be submitted to the Zoning Division. In addition, provisions shall be made in the covenant to
guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for
purposes o# parking, vehicular ci~culation, signage; maintenance, land Use and aFChitectural control;
and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the
property.
4. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shielded from view.
5. That the proposal shall comply with all signing requirements of Development Area 5(Commercial
Area) of the Northeast Area Specific Plan No. SP94-1, unless a variance allowing sign waivers is
approved by the Planning Commission or City Council.
6. 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.
7. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control ("ABC") and approved by the City of Anaheim.
8. That food service with a full meal shall be available from opening time until closing time, on each day
of operation.
9. That there shall be no more than three (3) pool tables maintained upon the premises at any time.
10. 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 in Section 23039 of
the California Business and Professions Code.
11. (a) 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 certified as being true and accurate and shall be made available
for inspection, and subject to audit, when requested by any City of Anaheim officiaf during
reasonable business hours.
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(b) That within a period of thirty (30) days from the date of this resolution, the petitioner shall
provide a certified copy of the statement relating to the sale of alcoholic beverages to the City
of Anaheim.
12. 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.
13. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
14. 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 alcohol beverages, with the exception
of one (1) sign indicating "cocktails."
15. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
16. That at all times when entertainment or dancing is permitted, security measures shall be provided to
the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of
employees or patrons, and to promote the safe and orderly assembly and movement of persons and
vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons
entering or leaving the premises.
17. That the parking lot serving the premises shall be maintained with decorative lighting of sufficient
power.to..illuminate and make easil.y discernible#he. appearance and conduct of all pe~sor~s o~ 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.
18. 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.
19. 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.
20. That there shall be no public telephones on the premises which are located outside the building.
21. That the business owner shall notify the Anaheim Police Department, Vice Detail, thirty (30) days in
advance of any entertainment event at this location which will be furnished by an outside promoter.
This notice shall include the name, address and telephone phone number of the promoter and
detailed information describing the type of event including dates, hours, anticipated attendance and
nature of event. No unauthorized offsite signage shall be permitted in conjunction with any event.
22. That the public entertainment shall be limited to Tuesday through Saturday nights from 8 p.m. to
closing. Any change to this schedule shall be submitted to the Planning Commission for review and
approval as a`Reports and Recommendations' item.
23. That subject property shall be developed and maintained 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 through 4, and as conditioned herein.
24. That the use of all pyrotechnical material, special effects, and/or fireworks shall be permitted only if,
and to the extent, approved by the Anaheim Fire Department prior to their use.
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25. That any and all security officers provided shall comply with all State and Local ordinances
regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California
Business and Profession Code (Section 4.16.070 Anaheim Municipal Code).
26. 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
May 19, 2003.
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CHAIRPERSON, 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 May 19, 2003, by the following vote of the members thereof:
AYES: COMMtSSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~S ~ day of
, 2003.
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NIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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