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Resolution-PC 2005-150~' ~ RESOLU~'IbN NO: PC2005"=150 ' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONALUSE PERMIT N0. 2090, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2004-109, ADOPTED THEREWITH WHEREAS, on September 20, 2004, the Anaheim Planning Commission, by Resolution No. PC2004=109 approved Conditional Use Permit No- 2090 to retain public entertainment in conjunction with a previously approved restaurant with sales of alcoholic beverages for on-premises consumption at 1160 Nor~h Kraemer Boulevard (Xalos Restaurant); and WHEREAS, said Resolution No. PC2004=109 includes the following condition of approvaL• "1. That the accessory public entertainment shall expire on August 27, 2005." WHEREAS, this property is currently developed with a restauranf'with public entertainment , the underlying zoning is SP94-1 (DA 3) (Northeast Area Specific Plan,'La Palma Core Area); theAnaheim General Plan designates this property for Industrial land uses, and this property is located within the Merged Anaheim Redevelopment Area; and PORTION OF LOT 15, BLOCK K, KRAEMER TRACT,,CITY OF FULLERTON, COUNTY'OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLYLINE OF LOT 15, WHICH lS DlSTANT NORTMERLY 242.10 FEET FROM THE NORTHWESTERLY CORNER OF THE SOUTHERLY HALF OF THE SOUTHERLY HALF OF SAID LOT 15; THENCE EASTERLY ALONG LINE PARALLEL WITH AND DISTANT NORTHERLY 242.10 FEET MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHERLY' HALF OF THE SOUTHERLY HALF, A DISTANCE OF 269.00 FEET; THENCE NORTHERLY AND PARALLEL WITH WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 175.00 FEET; SOUTHERLY HALF OF THE SOUTHERLY HALF, A DISTANCE OF 269.00 FEET TO THE WESTERLY LINE OF SAID'LOT 15; THENCE SOUTHERLY ALONG SAID WESTERLY LINE A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain public entertainment in conjunction with a previously-approved restaurant with sales of alcoholic beverages for on-premises consumption pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHER~AS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 3, 2005, at 2:30 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 18:60 "Procedures", 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 Octobe~ 31, 2005 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 proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. Cr1PC2005-150 -1- PC2005-150 Tracking No. CUP2005-05027 • ~ 2. That the proposal, as amended, will not adve~sely affect the adjoining land uses and the growth and development of the area in which it is located since the business is in compliance with all of the conditions of approval and is being well maintained. 3. That the size and shape of the site 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. . 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim since no serious crimes have occurred at this location . over'the past year, 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved 6y the Planning Commission. 7. That this conditional use permit is being`exercised in a manner not detrimental to the particufar : ' area'and surrounding land uses, nor to the public health and safety. : 8. That a person at the October 3, 2005, Planning Commission meeting' indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning ' Commission has reviewed the proposal to retain public entertainment in conjunction with apreviously approved restaurant with sales of alcoholic beverages for on-premises consumption; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2090 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 Dectaration 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 Planning Commission does hereby approve reinstatement of Conditional Use Permit No. 2090 to allow public entertainment in conjunction with a previously-approved restaurant with sales of alcoholic beverages for on-premises consumption by incorporating the conditions of approval contained in Resolution Na PC2004-109 into a new resolution to read as follows: 1. That the accessory public entertainment shall expire on August 27, 2008. 2. That the outdoor patio area may be used by patrons for seating and smoking purposes only. Thatno other ' outdoor activities, including but not limited to dining, drinking, entertainment, dancing, etc., shall be permitted in the patio area. 3. That the number of persons attending any event at this property shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the maximum occupancy shall be prominently displayed within the premises. 4. That the property owner shall provide any new business operator/owner with the conditions of approval contained in this resolution. 5. That the sales of any type of alcoholic beverages for consumption off the premises shall be prohibited. 6. 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. -2- PC2005-150 • . 7. That the activities occurring in conjunction with the oper'ation of this establishment shall not cause noise , disturbance to surrounding properties and shall conform to the City of Anaheim Noise Ordinance. 8. That all doors serving subject establishment shall comply with the requirements of the Uniform Fire Code and shall bekept closed and unlocked at a11 times during hours of operation except for ingress/egress, deliveries and in cases of emergency. 9. That at all times when entertainment or dancing is permitted, uniformed security guards shall be provided 'to #he satisfaction of the Anaheim Police Department to deter unlawful conduct on #he part of employees or patrons, and promote the safe and orderty assembly and movement of persons and vehicles, and prevent disturbance to the neighborhood by excessive noise created by patrons entering .or leaving the premises. 10. 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 aU persons on or about the parking lot. 11. That there shall be no pool tables, amusement devices or games maintained within subject establishment without issuance of proper permits as required by the Anaheim Municipal Code. 12. 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, direc#ly or indirectly, to buy them drinks in theJicensed premises under any commission, percentage; salary, or other profit-sharing plan, scheme or conspiracy. . 13. That there shall be no public telephones on the premises located outside the building. 14. That this esfablishment shall be operated as a"Bona fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. ' 15. 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. ~ 16. 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. ~ 17. 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. 18. That the sales of any type 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 any type of alcoholic beverages 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. 19. 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 alcoholic beverages. 20. That the operator of subject facility shall pay for the cost of any Community Preservation Division inspections which may be~required to address Code violations or violations of these conditions of approvaL 21. That there shall be no direct pedestrian access to the outdoor patio area from outside the buifding. All access to this area shall be solely through the restaurant. Further, that a sign shall be posted at the entrance to the patio stating that this area shall be used for seating and smoking purposes only and that no dining, drinking or dancing shall be permitted in the patio. 22. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. -3- PC20059 50 ~ • • 23. That the proposal shall compty with all"signing requirements of Development Area 3(La Palma Core Area) of the Northeast Area Specific Plan {SP94-1) unless a variance allowing sign waivers is approved by the ' Planning Commission or City Council. 24. That a valid business license shall be maintained far this business from the City of Anaheim Business License Division of the Finance'Department. 25. That this resolution shall be permanently posted in an obvious location within the°employee work area to _ serve as a reminde~ of the conditions of approval contained herein. 26. That three (3) foot high address numbers shall be maintained and displayed on the building roof,in a contrasting color to the roof material. The numbers shall not be visible to the adjacent street orproperties. 27. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 28. That all'existing mature landscaping shall be maintained and immediately replaced in the event that it ' becomes diseased or dies. 29. 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 planson file with said Department. Said storage area(s) shaU 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 beprotected 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. 30. That subjecf 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. 31. That the petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon the monies collected as a door charge, cover charge or any other charge, including the sale of drinks. ' 32. That no happy hour-type or reduced price promotion sha11 be permitted at any time. 33. That one security officer shall be posted in the patio area at all times. 34. 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 35. That a security officer shall monitor the parking lots on adjacent properties on Friday and Saturday nights from 9 p.m. to 2 a.m. to ensure that patrons are notparking off-site. 36. That the business owner shall provide signage and driveway blockades in compliance with City Code to ensure that patrons do not park on any neighboring properties. BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly 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. -4- PC2005-150 • • BE' IT FURTHER RESOLVED that the appiicant i5 responsible for paying all charges related to the processing of#his discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 31, 2005. 'Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of theAnaheim Municipal.Code pertaining to appeal procedures and ma be placed by a City Council Resolution in the event of an appeaL ~ _ - IRMA , ANAHEIM PLANNING COMMISSION ATTEST: ~ , ~ ~~~~_ ' SENIOR'SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) ~ COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby ce~tify that the foregoing resolution was passed and adopted at a meeting of the AnaheimPlanning Commission held on October 31, 2005, by'#he following vote of the members thereof: - AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO NOES: COMMISSIONERS: NONE : ABSENT: COMMISSIONERS: VELASQUEZ IN WITNESS WHEREOF, I have hereunto set my hand this / S T-~ day of /~d I/2 m,~ e,/' 2005. ~~~- ~~ ; SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION , -5- _ , PC2005-150