Resolution-PC 2006-6s ~-
RESOLUTION NO. PC2006-6
ARESOLUTION OFTHE ANAHEIM PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 2003R-244, ADOPTED !N CONNEGT(ON WITH
CONDITIONAL USE PERMIT NO. 2670
WHEREAS, on April 1, 1985, the Anaheim City Planning Commission did, by its Resolution
No. PC85-84, grant Conditional Use Permit No. 2670 to permit on-premises sale and consumption of
alcoholic beverages in a semi-enclosed restaurant at 1750 West La Palma Avenue; and that Condition Na' 6
of said resolution specifies that the hours of operation shall be limited to 11:00 a.m. to 11 p.m.,.seven days a
week; and
' WHEREAS, on October 15, 2002, the Anaheim City Council did, by its Resolution No. 2002R-
221, amend certain conditions of approval of said Resolution No. PC85-84, including Condition No. 1 to read
as follows:
"1. That the hours of operation shall be limited to 11:00 a.m. to midnight, Sunday, Monday,
Tuesday'and Thursday; and `11:00 a.m. to 1:30 a.m. on Wednesday, Friday and
Saturday; provided, however, that effective October 15; 2003, said hours of operation
shall be and remain thereafter as follows: 11:00 a.m. to 11:00 p.m., seven,days a
week:"
WHEREAS, on December 16, 2003, the Anaheim City Council did, by its Resolution Na
2003R-244, amend certain conditions of approVal of said Resolution No. PC85-84, including Condition No. 1
to read as follows
"1. That through October 14, 2005 (for a period of two years), the hours of operation shall be limited to
the following:
Sunday, Monday, Tuesday and Thursday: 11:00 a.m. to midnight
Wednesday, Friday, Saturday,
and the following holidays 11:00 a.m. to 1:30 a.m.
New Year's Eve New Year's Day Valentine's Day
Father's Day Fourth of July Labor Day
Halloween Thanksgiving Christmas Eve Christmas Day ~
Mother's Day (Celebrated in Mexico) - May 10'n
Mother's Day (Celebrated in the U.S.)
That effective October 15, 2005, the hours of operation shall be, and shall remain thereafter, as
follows:
Daily (seven days a week): 11:00 a.m. to 11:00 p.m."
WHEREAS, the Anaheim Planning Commission did receive a verified application for
amendment of Conditional Use Permit for certain real property situated in the City of Anaheim, Counfy of
Orange, State of California, described as:
SAID NORHTEAST QUARTER, 191.00 FEET; THENCE SOUTH 0 DEG. 18' 37" EAST PARALLEL
WITH THE WEST LINE OF SAID NORTH HALF, 332.12 FEET TO A POINT IN THE SOUTM LINE
Cr\PC2006-6 , -1- PC2006-6
~ ~
OF THE SAID NORTH HALF; THENGE SOUTH 89 DEG. 50' 3" W EST ALONG THE SOUTH LINE
OF SAID NORTH HALF, 191.00 FEET TO THE SOUTHWEST CORNER OF'SAID NORTH HALF:
THENCE NORTH 0 DEG. 98' 37" WEST ALONG THE WEST LINE OF SAID NORTH HALF, 33.91
FEET TO THE POINT OF BEGINNING
WHEREAS, under authority of Section 18:60.060 of the Anaheim Municipal Code, the
petitioner has requested an amendment to Condition No. 1 of Conditional Use Permit No`. 2670 pe~taining to
the permitted hours of operation for the previously approved semi-enclosed restaurant with on-premises sale
and consumption of alcoholic beverages, to expand the hours of operation to 11:00 a.m. to 2 a.m.; daily; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 9, 2006, 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, to
hear and consider:evidence for and against said proposed conditional usepermit 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 use, as amended, will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located; and that although the underlying reporting district and the
surrounding districts have crime rates above the c+tywide average, calls for service to this business were
reduced compared to the number of calls for the previous year; and that because the business is currently
operating in compliance with all terms and conditions of approval, and the use has not been operated so as to
constitute a nuisance, extending the hours of operation will not be detrimental to the peace, health and safety of
the citizens of the City of Anaheim.
2. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the proposal in a manner not detrimentai to the particular area nor to the peace, health, and
safety.
,
3. That the traffic generated by the use, as amended, wi{f not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
4. That the expanded hours of operation for the semi-enclosed restaurant with on-sale alcoholic
beverages are necessary to permit reasonable operation under Conditional Use Permit No. 2670 as
originally granted; and that modifying the hours, as evidenced by the reduction in calls for service, would not ,
negatively affect the peace, health and safety of the surrounding area.
5. 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: The Planning Commission
concurs with staff's determination that the proposed project fafls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions 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 hours of operation shall be limited to 11:00 a.m. to 2 a.m., seven days a week. :
-2- PC2006-6
~ ~
2. 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. :
3. That the on-sitelandscaping and irrigation system shall be maintained in compliance with City standards
4. That al1 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.
5. That all existing and proposed roof-mounted equipment (including the existing satellite dish) shall be
completely screened from view in all directions by properly maintained design elements of the building.
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 food service with a fuU meal shall be available from opening time until closing time, on each day of '
operation.
8. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at
any time.
9. 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.
10. That the gross sales of alcoholic beverages shali not exceed 40 percent of gross sales of all retaif sales
during any#hree (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 for
inspection by any City of Anaheim official during reasonable business hours.
11. 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.
12. That the sales of alcohol for off-premises consumption shall be prohibited.
13. 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.
14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
15. 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.
16. That the business operator shalf 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.
17. That there shall be no public telephones on the premises located outside the building.
18. That signage shafl 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.
-3- PC2006-6
s ~r
19. That no advertising or identification of any type shail be permitted on any outdoor furniture or equipment
including umbrellas, by illustration, text or any other means of visual communication.
20. 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-fouc (24) hours from time of
occurrence.
21. That four (4) 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 visi6le from the street or adjacent properties.
22. 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, 2 and 3 as conditioned herein. .
23. That trash storage areas shall be maintained to the satisfaction of the Public Works Department, Streets
and SanitationDivision to comply with approved plans on file with said Department.
24. That a minimum of four (4) licensed uniformed security guards, approved by the Anaheim Police
Department, shall be provided on the premises specificallyto provide security, and to discourage
vandalism, trespass and/or loitering upon or adjacent to the subject property. Said security guards shaU
remain on-duty as determined appropriate by the Anaheim Police Department.
25. That the landscape planters shall be permanently maintained with live and healthy plant materials.
26. That no admission fee, cover charge, advance:payment for meals collected at the doo~, or similar fees
shall be, imposed on patrons as a condition of entry to the premises.
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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby#ind 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 an~ void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this 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
shaff result in delays in the issuance of required permits or the revocation of the approva{ of this application.
THE FOREGOWG RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to ap e ro dures - e replaced
by a City Councii Resolution in the event of an appeaL -
~
CHAIRMAN, Ai~AH~ PLANNING COMMISSION
AT~EST:
~t~,~yv-,.~ ~/~ ~,ry5'~`~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-6
~ ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) _
1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 9, 2006, by the following vote of the members.,thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI; PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this o2 ~ T-~day of
q; _ 2006.
~r / I~2v'S~I~I.D
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION