Resolution-PC 2006-76~ ~
RESOLUTION NO. PC2006-76
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
' AMENDING CERTAIN CONDITIONS OF APPRO.VAL OF DECISION NO. ZA2003-26, ADOPTED W
CONNECTION WITH CONDITIONAL USE PERMIT NO. 2003-04714
(821 SOUTH BEACH BOULEVARD)
WHEREAS, on June 26, 2003, the Zoning Administrator did, by Decision No. ZA2003-26
grant Conditional Use Permit No. 2003-04714 to permit on-premises sale and consumption of beer and wine :
in conjunction with an existing full-service restaurant; and
WHEREAS, Decision No. ZA2003-26, adopted in connection with subject use permit,
includes the following conditions of approvaL•
"8. That subject alcoholic beverage (i.e:, beer and wine) 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.
9. That the gross sales of beer and wine shall not exceed forty percent (40%) of 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 alcohol and
other items. These records shall be made available for inspection by any City of
Anaheim official during reasonable business hours.
11. That the sale of beer and wine for off-premises consumption shall be prohibited.
,"24. That the hours of operations shalt be I+mited to 5 a:m. to 11 p.m. daily, as stipulated by
the petitioner."
WHEREAS, the applicant has requested an amendment to this conditional use permit to
modify Condition Nos. 8, 9 and 11, to permit the sale of alcoholic beverages for on-premises consumption;
and
WHEREAS, the applicant has further requested an amendment to this conditional use permit .
to modify Condition No. 24 pertaining to the hours of operation; and
WHEREAS, pursuant to Anaheim Municipal Code Section No. 18.60.080.010 the Zoning
Administrator has referred this item to the Planning Commission for review; and
WHEREAS, this property is currently developed with a full service restaurant and 70-unit
motel, the underlying zoning is GG (General Commercial) and the Anaheim General Plan designates this
property for Residential Corridor land uses; and
WHEREAS the Planning Commission did receive a verified Petition for Conditional Use
Permit for this property situated in the City of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN
THE CITY OF BUENA PARK, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS:
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COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CRESCENT AVENUE,
`BEING THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 11, WITH THE
SOUTHWESTERLY LINE OF HIGHWAY N0. 39, 110'FEET WIDE, ASDESCRIBED IN PARCEL
NO. 1 OF A DEED TO THE STATE OF CAUFORNIA, RECORDED ON AUGUST 18, 1941 IN
BOOK 1105, PAGE 397 OF OFFICIAL RECORDS, SAID ROADS BEING SHOWN ON A MAP
OF TRACT NO. °2443, RECORDED IN BOOK 74, PAGES 49 AND 50 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89° 44' 15" WEST
170.05 FEET ALONG SAID CENTERLINE OF CRESCENT AVENUE TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 0° 7' ' 00" EAST 317.98 'FEET PARALLEL. WITH THE
CENTERLINE OF GRAND AVENUE, AS SHOWN ON SAID MAP OF TRACT NO."2443, TO THE
NORTH LINE'OF SAID TRACT N0. 2443; THENCE SOUTH 89° 44' 15" WEST 100.00 FEET
ALONG SAID NORTH LINE; TH~NCE NORTH 0° 7' 00" WEST 317.98 FEET PARALLEL WITH
SAID CENTERLINE OF GRAND AVENUE TO SAID CENTERLINE OF CRESCENT AVENUE;
THENCE NORTH 89° 44' 15" EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 6, 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 use permit and. to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Planning 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 requested amendment/modification of use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Alcoholic Beverage Sales
- Qn-Sale) for the sale of alcoholic beverages for on-premises consumption within a full service restaurant.
2. That the request to modify Condition Nos. 8, 9 and 11 of Decision Na ZA2003-26 to permit
on-premises sale and consumption of alcoholic beverages is hereby approved because although the location
is within an area of high crime there have been only two calls for service at this location for the past year..
3. That the request to modify Condition No. 24 of Decision No. ZA2003-26 to modify the hours
of operation is approved in part, for the hours of 6:00 p.m. to 12:00 midnight daily, to be consistent with the :
closing time granted for other full service restaurants within the City and to provide protection to the single-
family residences to the south.
4. That the size and shape of the site for the use has been adequate to allow the full
development of the restaurant in a manner not detrimental to the particular area or to the health and safety,
and the proposed modifications would not alter the physical condition of the site.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim because the sale of alcoholic -
beverages for on-premises consumption would be well controlled by the operational conditions of approval
imposed upon this request.
7. That a person indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. A person spoke in favor and also
expressed concern pertaining to the hours of operation.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falis within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing facilities), as defined in #he State CEQA Guidelines and is,
_ therefore, exempt:from the requirement to prepare atlditiona{ environmental documentation.
: NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve amendment to conditions of approval to permit the sale of alcoholic beverages for on-
premises consumption within a full service restaurant; and further, incorporates the following conditions of
. approval contained in Decision Na ZA2003-26 into a new resolution with 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 health and safety of the Citizens of the City of Anaheim:
**Bold indicates modified conditions
1. That at all times when the premise is open for business, the premise shall be maintained as a bona ,
fide restaurant and shall provide a menu containing an assortment of foods normally offered in such
restaurant.
2. That there shall be no bar or lounge area upon the licensed premise maintained for the purpose of
sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
3. That there shall be no pool tables or amusement devices maintained upon the premises at any time
unless the proper permits have been obtained from the City of Anaheim.
4. That the gross sales of alcoholic beverages shall not exceed 40 percent 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 for inspection by any City of Anaheim official when requested.
5. That there shall be no live entertainment, amplified music or dancing permitted on the
premise at any time.
6. That the sale of alcoholic beverages for consumption off the premise shall be prohibited.
7. 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.
8. That there shall be no admission fee, cover charge, nor minimum purchase required.
9. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
10. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type
license nor shall the establishment be operated as a public premise as defined in Section 23039 of
the Business and Professions Code.
11. 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.
12. That the business operator shall comply with Section 24200.5 of the Business and Profession Code
so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy
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14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
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them drinks in the licensed premises under any commission, percentage, salary, or other profit-
sharing plan, scheme or conspiracy.
That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire
Code and shall be' kept ciosed at all times during the operation of the premises except for
ingress/egress, permit deliveries and in cases of emergency.
That there sha11 be no public telephones on the property that are located outside the building and
within the control of the applicant. '
That the on-site landscaping including the trees shall be maintained in a healthy condition. Any
landscaping which is damaged, diseased or dies shall be replaced in a timely manner.
, That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, remova{ of trash or debris, and removal of graffiti within twenty
four {24) hours from the time of discovery.
That no advertising or identification of any type shall be permitted on any outdoor furniture or
equipment including umbrellas, by illustration, text or any other means of visual communication.
That the hours of operation shall be limited to 11:00 a.m. to midnight daily.
That all signage shall comply with all signing requirements of the C-G (Commercial Gene'ral) Zone
in which this property is )ocated. Any new signs shall be subject to review and approval by the
Planning Service Division.
That revised plans shall be submitted to the Planning Services Division for review and
approval prior to the issuance of a building permit indicating glass walls with no
obstructions and a swinging door for each of the nine (9) private dining rooms.
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.
That the trash storage area shall be maintained in a location acceptable to the Streets and
Sanitation Division of the Public Works Department and the Planning Services Division, and in
accordance with approved plans on file with the Public Works Department. Said storage area shall
be maintained so as not to be readily identifiable from the adjacent public street. The walls of the
storage area 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.
That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first. Condition No. 20, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
That prior to commencement of the activity authorized by this resolution, 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 through 3.
That prior to final building and zoning inspections, Condition No. 24, above-mentioned, shall be
complied with.
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26. That approval of this application constitutes approvai of the proposed request only to the extent that
it compiies 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 equipment
BE IT FURTHER 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 Resofution,
and any approvals herein contained, shall be deemed null and void.
BE 1T 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
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
September 6, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeaL
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CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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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 certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on September 6, 2006, by the following vote of the members thereof:
AYES: GOMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VELASQUEZ
1 IN WITNESS WHEREOF, I have hereunto set my hand this v2 ~~ day of
~"em ~ , 2006.
~s~ i~~Z~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION '
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