PC 2008/09/03~au•wiayeue uoissiwwoa uiuue~ ssa~ppe pew-a
6uunopoj aye 6uisn uoissiwwop 6uiuue~d ay1 ~o; a6essaw a anew ,(ew nod,
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Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim Planning Commission or public comments on agenda items with the exception of
public hearing items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless
members of the Planning Commission, staff or the public request the item to be discussed
and/or removed from the Consent Calendar for separate action.
Reports and Recommendations
ITEM NO. 1A
(Tracking No. CUP2008-05355)
Owner: Charles Hance
828.West Vermont Avenue
Anaheim, CA 92805
Applicant: Charles Hance
28 West Vermont Avenue
Anaheim, CA 92805
Location: 828 West Vermont Avenue: This property is
approximately 1.29 acres, with a frontage of 292
feet on the south and west side of Vermont Avenue
with the Interstate 5 Freeway to the north .and west
of the property and single-family and multiple
family residences to the north and east.
Request to initiate the modification or revocation of Conditional
Use Permit No. 2798 (to permit an automotive sales and service
facility and outdoor storage with waiver of minimum number of
parking spaces)..
Motion
Project Planner.
Scott Koehm
skoehmrc~anaheim. net
09/03/08
Page 2 of 6
Minutes
ITEM 1B
Receiving and approving the Minutes from the Planning Motion
Commission Meeting of August 18, 2008.
Request for
NOTE: Meeting minutes have been provided to the Planning Continuance to
Commission and are available for review at the 'September 15, 2008
Planning Department.
Public Hearina Item:
ITEM NO. 2
CEQA NEGATIVE DECLARATION Resolution Nos. _
CONDITIONAL USE PERMIT P1O. 2008-05315 AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00047:
Owner: John Marovic
735 North Anaheim Boulevard
Anaheim, CA 92805
Theodore Todoroff
929 North Anaheim Boulevard
Anaheim, CA 92805
Helen Brummel
741 North Anaheim Boulevard
Anaheim, CA 92805
Elmer Boydstun
703 North Anaheim Boulevard
Anaheim, CA 92805
Applicant: Mike Ayaz
2107 N. Broadway, Suite 106
Santa Ana, CA 92706
Locations: 735 North Anaheim Boulevard (Juke Joint):
This property is approximately 0.25 acre and has a
frontage of 104 feet on the west side of Anaheim
Boulevard, a maximum depth of 108 feet, and is
located 287 feet south of the centerline of North
Street.
09l03I08
Page 3 of 6
Off-site parking would be provided on the following
properties located at:
929 North Anaheim Boulevard (Deleted)
741-745 North Anaheim Boulevard: This
property is approximately 0.26 acres, having a
frontage of 100 feet on the west side of Anaheim
Boulevard and is located 181 feet south of the
centerline of North Street.
703 North Anaheim Boulevard: This property is
approximately 0.12 acre and is located at the
northwest corner of Anaheim Boulevard and
Wilhelmina Street with frontages of 52 feet on the
west side of Anaheim Boulevard and 108 feet on
the north side of Wilhelmina Street.
Reauest: Request for a Conditional Use Permit and a
Determination of Public Convenience or Necessity to permit and
retain an existing nightclub with dancing., live entertainment and
fewer parking spaces than :required by code. The applicant also Project Ptanner.~
requests authorization for the sale of alcoholic beverages for David See
on-premises consumption with a Type 48 public premises ABC dsee(a7anaheim.net
license.
Adjourn to IVlonday, September 15, 2008 at 1:00 P.M. for
Preliminary Plan Review
09/03/08
Page 4 of 6
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
10:00 a.m. August 28, 2008
{TIME) (DATE)
LOCATION: COUNCIL CHAMBE~~IlR DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED: /T ~a~
If you challenge any one of these City of Anaheim decisions in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in a written correspondence delivered to the Planning
Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits and Variances will be final 22 days after Planning Commission
action and any action regarding Tentative Tract and Parcel Maps will be final 10 days
after Planning Commission action unless a timely appeal is filed during that time. This
appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in
an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified
by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Planning Department, (714) 765-5139.
Notification no later than 10:00 a.m. on the Friday before the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning
Department's Automated Telephone System at (714) 765-5139.
09/03/08
Page 5 of 6
SCHEDULE
2008
September 15
September 29
October 13
October 27
November 10
November 24
8
December 22 (Cancelled) I)
09/03/08
Page 6 of 6
Item 1A
Se tember 3, 2008
Subject Property
Conditional tJse Permit Rlo. 2793
(Tracking Rio. ClJP2008-05355)
828 West Vermont Avenue
~osa~
sa iaa
Aerial Photo:
r~~ .i~~i.~ manna
~ ~i~" ~'(
L
s
VER~'ONT
C-G ~~ ~"' 18 p~ ~-~
` RCL 61-62-8
RCL 57-56-57 PpZS
T-CUP 2008.05355
CUP 200P04224 PASS
CUP 2796 10 pU
CUP 2434
; VAR 962 S
AUTOMOBILE PARTS ~ ~~
AND SERVICES ~ ~~~~`
,J `~~~~
Sp9joN `~ ~`-
P_NP EMNO~~ ''' N~~ ZN\UMS
/ p0 ~ pU
~~_~ _
' sNti~'SONPNPH~1MNOj~V ~~ `r _~-
/ ' SP 92-2 /
SP 92-2 J/
o so iaa
Poe
September 3, 2008
'~~? Subject Property
Conditional Use Permit No. 2798
(Tracking No. CUP2008-05355)
828 West Vermont Avenue
w.
10591
Attachment 1
RESOLUTION N0. PC06-167
A REdOLUTI01i OP T11E ANAlIEIH CITY PLANNLNG COHHIddION
THAT PETITIOti PD{t CONDITIONAL UtiE PERHIT W0. 279d dE GltAtiTED .
' WIIEItEAS,.tho Anohoim City Plonning Commiwwion did cucaivo a vpcifiad
Potation .for Conditional Uwa Pacmit Ecom RICHARD U.. dAYL01i ANU UA1itlAItA L.
SAYLOR~ Uo-0 Wowt.SCOadway Stcoat~ Anahoim,'Califocnia 92805, ownocw.of coctain
coal- pcopocGy wituatod in.tho'City of.Anahoim, County of Ocang'o, 5tato of
Coiifocnia, dowecibod aal '
PAHCBL 1;
THAT PDIlTION OP: LOT 29 OP ANA1tEIH EXTENSION. AS. PEH HAP .tlY WILLIAH ,
31AHEL PILED POR RP,COHD IN THE OPPdCE. OP T{IE COUNTY {IECOIiDEIi OP LOS
ANGELEd COUNTY. CALIPUdNIA~ A COPY THEREOF. tlEING UN' P1LE IN .'PRE
OFFICE OP THE COUIiTY .RECORDER OP ORANGE CUUNTY~ CALZPORNIA~'IN tl00K
3, PAGES 163 ANU FOLLOWING OP LO6 ANGELES COUNTY HAPS~ AS FOLLOWS:.
UEGINNING AT 'THE .CENTER 'LINE ''INTERSECTION .OP VERNONT AVENUE..
(PORHERLY SROAD BTREET)~ AND CITRON •STHEETi AS SHW1N ON SAID HAP! .
THENCE 9UUTH 15° 3d' 10° EAST ALOtJG TdE CENTER 'LINE OP SAIU'CITRON
STREET,.?243.00 PEETT THENCE SOUTH 74° 27~` ld° WEST 251.19. PEST TO A ,
'LINE PARALLEL .WITH TILE, NORTHEASTERLY LENE OP.THE' LAND CONVEYED TO
THE .STATE. OP. CALIFORNIA UY. DEED. RECOItDEU HARCH' 19,, 1951 IN 'UOOK
2160r'. PAGE' 2B0 OP . OFFICIAL RECORDS/ AND :DISTANT WORTNEASTERLY;
THENEPROH~ 2UsUO PEET~ HEASURED' AT, RIGHT ANGLES I' THENCE 'NORTH 40°
52'. 'l0° WEST ALONG. SAID PARALLEL' LINE,. 216.54 FEET TO ,THE dECINNING
OP . A .TANGENT CURVE • CONCAVE EASTERLY AND HAVING A RADIUS OP IO.OU ,
PEETi THENCE'NORTNERLY ALONG'SAID CUAVE~ THROUGN:A CENTRAL ANGLE OP
115° 19' 34°r A DISTANCE OP 20.13 FEET TU A POINT ON THE SUUTH'LINE
OP.VERHONT STREETS dG PEBT.WIDEi THENCE NORTH 7.5° 32' 4ti° WEST 33.00
. FEET T0, THE.CENTERLINE OP SAID'.VE.RHOHT.STREETi THENCE liORTH 74 ! 27''
18° EAST` ALONG BAIU CENTER LINE, 334.40_.,PEET TO :THE.`POINT OP .
UEGItiNING,
EXCEPT THE_EASTERLY 160 PEST OP THE NURTlIERLY :103 .FEET T{tEREOP°~ '
HEASURED ALONG AND PROH THE CENTER LINE OP STREETS ADJOINItiG.-
ALSO EXCEPTING, THEREPRUH~. THAT POBTIOH LYING :'SOUTHERLY OP THE
FOLLOWING DESCRI9ED LINE: ".
DEGINNING.AT A POINT IN SAID CENTEN LINE OP CITRON•,STKEET~ SAID
POINT BEING SOUTH 15° 3d' LO °. EAST 183.OU FEET PAON SAID CENTER LINE
INTERSECTION. OP CITNON.5TREET AND VERHONT.STREETi THENCE SOUTH ,T4'
27' 14° WEbT~•PARALLEL WITH SAID CENTER LINE OP VERHONT STREETS TO A
POINT IN SAID NORTHEASTERLY LINE OP THE' LAND CONVEYED TU.TNE STATE
OP CALIFORNIA'. - , ..
.PARCEL 2; ~ ~ ~ ..
• THAT PORTION OP LOT Z9 OP'ANANEIH.EXTENSION~ AS SHOWN ON A HAP, OP
Sl1RVEY HADE DY WILLIAH . HAHEL AND PILED IN .THE OFFICE UY .THE COUNTY
RECORDER OP LOS ANGELES CUUNTY~ CALLPUNNIA.'A COPY OP WHICH IS:SHUWN
,.,: : ~,,
CITRON' STREET .AUANDDNED UY TIIE DOAItU OP 6UPEIIVISORS UY pETITIOtI
PILED HAY 7, 1913 IN UWK 2, PAGE 234 IH TIIE UPPICB UP TIIE COUNTY
CLERK OP BAZU URANOE COUNTY, DEdCRIUEO AS PULLUWdt""
OEOINNZNG AT'A POINT IN TIIE CEIJTEH LINE .OP'CITItON'.ST9tEET,.BAIU .POINT
UEINU SOUTfI 15° 30' lU° .EAST 1U3.0U PEET PHUH'. THE, POINT OP
INTERdEL'TIUN UP RAID CITNDN dTIiEE'T WITH THd ,CENTER LINE OP VERHONT '
STREET (POAHERLY.UROAU BTAEETI7 THENCE CONTZNUZtIC SOUTH 15° 38~ 10°,
EAST.133.Z3 PEET7 TIIENCE 80UTII. 74° 27~ 14° WEST, PARALLEL.WITfI SAID `
CENTER LINE OP•VERHONT AVENUE, 216.65 FEET TD'A POINT'IN A LZNE
PARALLEL WITH ANU DISTANT NORTHEASTERLY 2U.U0 FEET PROH THE '
NORTHEASTERLY LItiE OP THE LAUD DESCAIBEU" IN DEEDS TO THE 13TATE. 0P
CALIPURitIA, RECUIIDEU IN UUOK.2IGU, PAGE 2BO OP OPPICIAL.RECOfWS, AND r
IN'UOOK 3435> PAGE d72 OP OPPICIAL'RECOROSJ THENCE NORTH 40! 52' 20°
WEST AWNG BAID PARALLEL LZNE.TU A LINE THAT UEAHS SUUTN 7d° 27' ld° .
WEST PROM TIIE, POINT OP OEGINN1itGt THENCE NORTII 74• '27' 14• EAST TD
THE PUI7JT OP BEGINNING:
PARCEL 2, Ad SHOWN UN THAT CERTAIN LOT LINE"ADJUSTHENT PWT'NU. 12tl, '
'"RECORDED SEPTEMBER 4~ 19tl4 AS' INSTRUMENT tJO. tl4-367503 OP OFFICIAL .
RECORDS OP ORANGE COUIITY, CALIPURHIA., '
WHEREAS, tha City Planning Co6uoiaaion :did hold a public haaring at
tho Civic Conter .in the City of Anahoim on Juno 9, 1946, 'at.1630 p.m.,.notico
of said public hooting 'having boon. duly given as 'roquicad' by law end in
aecordanea, with tho pioviaiona of tho Anatioim Municipal Codo, Chapt@r 1tl:03,'
to hoar and conaidor ovidonco [or.arid.ageinaE acid propoaod conditional Liao
permit grid to inveati'gato and mako Findings and 'r@eommendationa in eonnoeEion
th@rowithi .said puolic hoaxing having boon .continuod to Cho Planning
Commiaalon mooting df Juno'Z3r 19BIit and
WHEREAS, avid Cammisaion, elitac duo inapoetion, invaatigation and '
study mada by itaolF and . in its bohalF, and aftoc 'ctuo. connido[ation oE' all
ovidonco .and ropo[ta oEforad et said hoacingr doaa. Find and ..dotarmine~tho
following Eaeta:
1. That,tha propoaod.uoe is pcoporly ono Eor whicn.a.eonditional uae '
prlrmit ia,euthorizod by' Anaheim Hunicipal.Codo Seetions,.lU.03.030.D10 to'.wiE:'
to •peimit an automotivo:aaltia.and aecvico cantor Facility end rotairi an..
,outdoor aEo[ago ecoa'.with'waivoc of: .
SECTIONS 1tl.06.O5U.02Y; - Minimum numb@c of eegutrod porkino aaeeoa.
SB.06.05D.0222. (13B apaeaa requir@dr'98 apeeoa propoaod_)
18.O6.OSD.0223, :
1tl.06.000 AND
18.44.06b.050 :,
2..That the raquaat@d waiver ia'heroby grantod on the baaia that. tho
packing waivor will not cause. an ineroaso in traffic. congoation in tho .
immodiat@ vieinlty.nor'advosa@ly'affoet any adjoining.land uaoa and.granting
aF th@ parking' waivor: undo[ tho conditions impoaod, if any,.will not' b@:,
dotelmontal to th@,poaco, hoalth,.aefoty and:.genoral i+olfaee of the eitizena
of the City of Aneh@im.
3: Thor rho peoponod uao ia.hozoby gcantod aubjaot to rho following.
conditiann; as stipulated to by_tha potitionor et rho public hoatingr ,
a That the primary ubo of rho propuzty shell bo zotbll/ovor-Eho-
• rho-counto[ nalba and th6 aoeondacy uao.moy bo minoe automobilo-'
ealatad ao[vieoa such an. installation and/oe..application of
totatl pcoducta:.aold .on the pcomiaoa:..euch uaaa hhall not
Ynciudo autombilo ,.zopoit. '.All aorvicing activitiaa shall bo
conductod on0ltoly within the building.
b. That. rho indoor dlaplay of rata shall bo limited tp Unit A only
6nd.that outdoor display of cuca.ehall bo limitod to rho five (5)
doaigriatod apacoa in front oE.Unit •A• as ahown.on Exhlbit.NO. lr" .
sad that no othos .unit/building shall bo allowed to hnvo'
°.automobile aalos.
c. That undor no ei[cumataneoa. anall rho oposatoca of any apptovatl
uao bo allowed to,diamrintla oc.diaaanomblo any. vohlele.'on bho
peemiaerr, oxcopt to rho oxtont hocoaaaty ko iriatall.ptoducta sold
on the promiaaa.
d.. That all outdooi atosego shall be ioatsictod _to rho acoa
daalgnated .on Exhibit No. 1• and that aaid'atozaga atoa ohall bo
complbtbly alto ac[oanod,with',ctiaih.link £oneing inta[wovun with
woodon alatar and' £usthoe• that trio aumbot .of teuek tiai:lotri used
£oi'outdoor btozago'ahall bo limitod to the Faue' (4) which aeo
oxiating.
4'. That, rho prapoaed uaa 'will not advotaoly affoct. rho adjoining
land uaaa end rho growth and devolopment o£'tha aiaa in which it is propoaod
to bo loeatad.
5. That rho. aizo 'and ahapo of tho:alto proposed for 'rho uao.ia
adoquata ~.to allow rho full davolopmdnt oE.. rho propoaod aria; in a, mannoz.not
dottimantal 'to the -particular aeaa'nor to rho paaeo,'hoalEh, aa£oty end .
ganezal welfare of rho Citlzona of rho C1ty o£~Anahoim.
6. That'tho granting of rho Coridition6l bao Potmit .undot. rho.
canditiona imposod, if ariy,.will not bo dotcimontel to rho poaeo,..hoalth,
da£oty and gonoral wolfato o£ rho C'itizona, of Eho City of Anahoim.
7. That.tho tza£fie gonosatetl.by'tho propoaod uao w111 not impoaa an.
unduo buedon upon the ateaota and highways doaigned and improvod to raesy rho
teaffic,in rho area. .,
8. That no ono indicated their ,pzoaeneo at said public haazing: in
oppoaitionr and. that'no eocrospondonco vas, rocoived in opposition to rho
nubjact position.`
ENVSRDNNENTAL IMPACT PINDING:.' That rho .Anahoim City ,Planning.
Commission has ctlviewad.tho pzopoaal to permit an automotivo salon and a¢cvico
cantor facility and to sgtain en outdone atorago aeon. with waivoe of minimum
numbat of roquizod paeking.spacea.ori an iszogulatly=shapod:parcol of. land'
_,_ PC86-167
Attachmept. ~..
eondlating of eppeoximataly l.A/ aecoa having a frontogo of appeoximatoly 335
foot on the south aids of Vucmbnt Avonua,, and boing loeef:od appcoximotoly. 190. ,
toot woat of the eontoelino' of Citean 8troot end ooatvely of tho 86nta Ana
Pcaowoy, and Purthbr daaccibad as 000-020 Wont Vormont Avonuot end doss horaby ,
approvo tho Nogetive. Doclaratlon'.upon .finding that it has, conaidokod. tho
Nogativa D,oeleration'togothoc:with any commanta "eocoivod. dueing tlio public,
ro4law proeaaa.and furthoc f.ihding on tho baata of tha.initial.atudy and any"
commanta rocoivad that,thoeo is no aubatantlol• avidanao that tho pcojact will
havo a significant af£oct on the anvieonmont.' "
NUW,. TUENEPORE, OE IT RESULVEO that the Anaheim City ,planning
Commiaalon.doaa horaby grant aubjoct Petition for Conditional.Uno Permit, upon
the following conditiona which are haeaby found to be a naconaacy,praeoquiaito
to the peopoavd uao of the: aubjoct peoparty, in ocdar to pegaoryo the safety.
end ganoral walfaro of the Citiaana,of 2ho City of Anehoim:
1. That aubjoct-pcopoety'shall ba davolopod substantially 'in accordance.
.with plans'and apecificationa on f11o with the City of.Anahoim,marked
Exhitiit.Noa. land 2.
2. That prior to final building and `coning inapoctiona, Condition No. 1,
above-mentioned, ahall,be'eampllod with. '
3. That the primacy,ugo of the property shall bo rota ii/over-the=.
the-eountoc salsa and 'tho'.aeeondaey uao, may, bo i'minor automobile=
e0la tad AOCVLCOA AUCh aA 'LoAta11at100 ,and/OC.appliCetlOn of~ retail ~..
pcodueta acid on the premises., sueh uses shell not includ6'autombilo'
repair. All'aoryieing aetivitioa aha1T'ba eonduetod'ontieoly within
tho'bullding.
6. That the indoor display of Baca "shall. bo, limited',to .Unit. A only end
then outdboc display of care shall be'limitod to the five" (5)
deaighatod spaces in front cf UnLt'•A•.aa ahovn on Exhibit No..ll end,`
that no other unit/building shall bo allowed to,have automobil.o•.aalos.
5. That under no eiLCUmataneva shall the operators of any'appeovod use
bo"allowed to diamantla oc' diaassombla`any vehicle on the promisee, "
oxeept' to tho."extont'noeoasaey to inetall pcoduets cold, on the.
pcomi¢oa. ~ .. . '.
6. '; That all'butdoor.atotago shall bo roateietod to tho.acva do0lgnatod"
on Exhibit No. 1 and that said etoiago eras shall bo cbmplotoly alto
accovnod .with' chain link foneing.intaemovon with wooden: alatal and
Eurthoe that the number of truck,teaLlers uaod for outdoor'.etocago
shall bo lLmitod to the Eour (d) whleh aeo existing.
EE IT.PURTSER RE90LVE0 that the Anaholm City Planning Commiaeian does
horaby find and dotvimino that adoption oP thia Roaolution is expressly .
predicated upon applleant'A'somplianao with eaeh.'and all of the conditiona
hoeoinabovo set forth".. Should any such conditiona, .oe, any"pact thoroof;.'bo
doelarod invalid. or .unanforeoablo by .the final"3udgment 'of. any. bourt .of
co®potont.juciadietion, teen Chia aoaolutlon, and' any appiovala hoeoin
conteinad, shall bo daamod null and void. `.
1'lY li 4 ~~, R~ l l ~~~~'~.61
-` TIIE POREGOINU RE80LUTIUN la algnod'.and'appt:oyod by'mo thin 2]cd'day
bE Juna, 1986.. ,
(Drlvinat slaved by P,harinna Cn Cla-ra)
CHAIHWOHAN~ ANAIIEIN CITY PLANNING COHHIBBION .
ATTEBTS. ., ,.,.
~(Orl~lrial slgried by ECf~ ~' . !hrrls)
BECRETA}sY~,ANAREIH CITY PLANNING COHHIBSION
BTATE OP CALIFORNIA
' ~ ~ COUNTY UP ORANGE ~ ). aa. ' -
CITY OP ANAl1EIH
`` I, Edith "L. Haeeia,:. 8oeeotaey of tho.= Andhaim . City. Planoing,:
Commiaaionr' do"hataby . eaetiEy"that tho..Eoeoyoing eanolution waa paoaod end.
adopEod at a moaEing of tho Anahaim :Ciby Planning .Commiaaion hold on.JUnd.2I,
1986, ,by tho Following voto aE tho momboea thocooE:
AYES; CUMHIBSIONERS: BUUA6~ PRY~.IIERHST~ 6A CLAIRE LAWSCKIr.HC'BUANEY~.
NOES:. COHHI85IONER3:' NONE
ABSENT: COHHISSIONBHSi HESSE `
IN WITNE85 WHEREOF, I eva hoeaunto aot my hand thln 2led day of
JUnor
19N6. ~!1rI+In,I~I~~ah~,callh~.llarriel .
,
. ~ ~ ~ ~ ~II~UWI Lib~~yu BJ. LYIYI b. wu
'SECRETARY. ANAHEIH CITY PLANNING CUHHESSION .. '
-ge -:. °. PC86-167. '
ATTACHMENT N0. 2
www.anahaim.nel
City of hataheim
PLANNING DEPARTMENT
Cotle Enforcement Division
June 8, 2006
Chazles Hance
1559 Johnston Knoll
Fullerton, CA 92835
** CIVIL **
NOTICE OF VIOLATION & ORDER TO COMPLY
ASSESSOR'S PARCEL NO. 251-021-24
SUBJECT: 828 W. Vermont Ave., Anaheim, CA
Dear Mr. Hance:
The City of Anaheim strives to maintain the chazacter and aesthetic quality of the
community by working with property owners to ensure compliance with existing
City regulations. To that end, the Community Preservation Division received
information that violations of the Anaheim Municipal Code exist on the property
located at 828 W. Vermont Ave.Anaheim, CA. Our records indicate that you are
the property owner of record, lessee, agent or representative of the above-
mentioned property.
For your convenience, we have provided a list of the Anaheim Municipal -Codes
that you are in violation of, as well as a list of the necessary corrections required
to comply with City Code(s).
18.90.030.030 - (Compliance with Regulations Required) Except as hereinafter
provided, no building shall be erected, maintained, allowed, reconstructed or
structurally altered, nor shall any building or land be used for any purpose other
than is permitted in the same zone in which such building or land is located.
18.04.030.120.1202 -Portable canopies and tarps are not permitted if they are
visible from a public right-of--way. In addition, tarps shall not be used as a
permanent shield or patio cover where. visible to residential uses, ,
6.44.010.030 -Refuse and Waste -The keeping of any refuse or waste on any
property for a period in excess often (10) calendaz days. "Refuse and Waste"
means any rubbish, refuse, trash or debris of any kind including without
limitation: rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building
materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap
metal or other pieces of metal, trimmings from plants or trees, cans, bottles or
barrels.
290 5. Anaheim 6eulevard, 6th floor
Anaheim, California 92805
TEL (114)765-5158
'FAX (7141 765-4944
CIVIL NOTICE --- . --
828 W. VERMONT AVE.
PAGE 2 OF 4
6.44.010.070,0711 -Maintaining property where any device, decoration, design, fence; vehicle
or structure which by reason of its condition, is unsightly or is deteriorated or maintained in a
state of disrepair.
6.44.010.050.0502 -Improper Storage -Inoperative, abandoned, wrecked or dismantled motor
vehicles, or parts thereof upon any property for a period in excess of ten (10) days.
18.46.110 -SCREENING, FENCES, WALLS AND HEDGES.
All screening, fences, walls, hedges, berms and associated landscaping shall comply with the
provisions of this section.
.030 -Permitted Fences and Walls. Regulations for fences and walls that are not required
aze set forth in Table 46-B (Permitted Fences and Walls).
Table 4b-B
Permltlwi Fences and Wulls
Zones
SinglrFamily ~ Multiple- Commercial Industrial Public and
Residential Family Special-
. Residential Purpose
Within Required Front or Streer Setbacks
Maximum Height 3 feet, except es provided 3 feet, except as 3 feet, azcept es 3 feet to 6 feet, 3 ffieq except as
herein providcd herein provided herein except as provided provided herein
herein
Material frmitntions No barbed wme or chain No barbed wire or No herbed wire ar No barbed wife No 6arhed wire or
link chain link chain link where visible to chain link
public righter[way
(excludmg alleys) or
_ non-industrial
. property
Within Regalred Side, Rear, or Inferior Setbacks
All fencing permitted within required front or street setback also allowed in side, rear or interior setbacks in oll mnea
Additional Fencing:
Mtiximum Height 6 Feet 6 feet 6 feet 6 feet G feet
Permitted Mmerinl No barbed wire No barbed wire or No barbed wire or No barbed win No barbed wire
No chain link, it visible chain link chain linlt visible to public
to public rightofwey rightof--way
other then alley
vcrtnont 82Aw
CI VIL NOTICE
828 W. VERMONT AVE.
PAGE 3 OF 4
REQUIRED ACTION:
Within 5 davs:
1. Permanently remove the portable canopy (and frame) erected on the northeast side of the
property and cease any auto detailing or storage being conducted in that area,
Within 10 davs:
2. Remove the un-permitted bazbed wire from the chain link fence adjacent to the public alley
located at the rear of the property and the un-permitted razor wire located between the Coast
Corvette property and the vacant triangle-shaped parcel to the south.
3. Finalize the reclassification of your adjacent property {Reclassiftcation No. 2000-00020) so
that the property may legally be used as a parking lot.
• Note: This shall involve complying with the three (3) conditions of .approval,
Resolution No. 2000R- 225 is attached, Refer to the City of Anaheim Planning and
Zoning Department for further instruction.
• Once the reclassification has been finalized, the parking lot must be striped per city
specs.
4. Remove the discarded couches and automotive batteries that aze currently on the east side of
the property next to 808 W. Vermont Ave.
Note: Currently the uses on your property do not conform with Conditional Use Permit #2798.
The following conditions of approval aze presently in violation:
• Condition 3a which declazes, "Such uses shall not include automobile repair:"
• Condition 4d which declazes, "That all outdoor storage shall 6e restricted to the area
designated on Exhibit No. l."
5. Comply with the conditions of approval for the Conditional Use Permit #2798. This shall
include but is not limited to:
Ceasing all automobile repair on the premises.
Removing from the property-
- all old discazded mufIlers that are currently being stored between the chain link
fence and the gazage buildings on the southeast comer of the property
- the un-permitted storage of the tour bus
- all wrecked, dismantled, or inoperable vehicles and any discazded automobile
paz~
- the three track trailers and their contents (inside and underneath)
- the black steel light poles reported given by Cal-trans to re-illuminate the property
- the stack of materials stored outside next to the roll-up garage doors at the
southeast side of the building
- all other items stored outside on the property which aze not specifically allowed in
a specific location as per the conditions of CUP #2708
vennont 828w
CNIL NOTICE
828 W. VERMONT AVE.
PAGE 4 OF 4
6. Contact the undersigned officer to advise of your intended action and to schedule a
compliance inspection.
7. If you aze unable to comply with the above actions within the given time period, submit a
written letter to the undersigned officer citing specific dates, within a reasonable time period,
when all required actions will be completed,
OR: (if you do not wish to comply with required action #5)
Within 30 davs:
8. Submit aPre-File to have the Conditional Use Permit #2798 amended such that the current
activity at your property would comply with regulation. Pay all required fees associated with
such an application.
PLEASE BE ADVISED that each of the above violations must be corrected no later than AS
INDICATED. Failure to correct each of the specified violations on or before the correction date
will result in the issuance of a civil citation and imposition of civil fine(s) and inspection charges
in accordance with Chapters 1.01 and 1.20 of the Anaheim Municipal Code. The property will
be reinspected on or following the correction date to verify that all violations have been
corrected. If additional reinspections are necessary to determine compliance, an inspection
chazge at an hourly rate set by resolution will be imposed for all inspections (including the initial
inspections and first reinspection). This charge shall be in addition to any civil fine imposed,
Thank you for your cooperation in making the City of Anaheim a better place to live, work and
play. A representative from the Community Preservation Division will conduct afollow-up
inspection of the property to verify compliance with the Anaheim Municipal Code AS
INDICATED. Should violations continue to exist on the property, additional Notices of
Violation and further enforcement action may be necessary, including reinspection fees and/or
civil citations.
If you have any questions regarding this letter or if you would like to meet at the property please
feel free to contact me between the hours of 8:00 am to 9:00 am or 4:00 pm to 5:00 pm at (714)
765-448 L
Sincerely,
~~~ ~~~
hris Dalton
Community Preservation Officer #1031
ins v-e-«,.
vumont 82Rw
City of Anaheim
hLANNING ®EPAIZTMENT
May 6, 2008
www.anahelm.net
Charles Hance
828 West Vermont Avenue
Anaheim, CA 92805
Re: 828 West Vermont Avenue, Anaheim, CA 92805
Conditional Use Permit No. 2798
Dear Mr. Hance:
ATTACHMENT N0.3
This letter is in regards to Conditional Use Pemut No. 2798 on the property
located at 828 West Vermont Avenue. City staff has been in contact with you
since December 2005 in an effort to bring this property into conformance with the
Zoning Code and with the approved CUP 2798. At this time, the property is still
in violation of the Zoning Code and. is not developed in accordance with the
conditions of approval and exhibits of CUP 2798. This letter is a request to
comply with the Zoning Code and CUP 2798. The following actions are required:
o Lot Line Adjustment - A lot line adjustment is necessary to merge pazcei
numbers 25102124 and 03627026 to tie the existing lot and the added
parking area together. `
• Reclassification- A reclassification is needed to"designate pazcelnumber
03627026 to the C-G (General Commercial) designation.
• Provide the required number of pazking spaces
® Bring the overall condition of the property up to Zoning Code compliance
• Comply with the conditions of approval and exhibits of CUP 2798.
For further detail and instruction on the requited actions, please seethe attached
letter that was sent by Code Enforcement on June 8, 2006.
Please comply with the above listed requirements and bring the property and
operation of the business into compliance with the conditions of approval and
exhibits approved with CUP 2798 by June 30, 2008. If these requirements .are
not met and the property does not conform to the conditions of approval and
exhibits of CUP 2798 by this date, staff will request that the Planning
Commission initiate proceedings for modification or revocation of the CUP.
200 6oulh AnaheimBoulevard
P.O. 9az 3222
Anaheim, Calllamia 92603
TEL (714) 765-5139.
May 6, 2008
Pale 2 of 2
If you have any questions, please feel free to contact me at (714) 765-5395.
Sincerely,/f~ /
Iii~%~''6~" / L
G. Scott Koehm v _ -~•
Associate Planner
Enclosure: Code Enforcement letter
c: CJ Amstrup
Bill Sell
Chris Dalton
File
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Anaheim, CA 92805 a. s0rvlea,ype
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City of Anaheim ATTACHMENT N0.4
I~LANMIIVG I~EPARTMEIV'T
www.anaheim:net
August 25, 2008
Chazles Hance
828 West Vermont Avenue
Anaheim, CA 92805
Re: 828 West Vermont Avenue, Anaheim, CA 92805
Conditional Use Permit No. 2798
Dear Mr. Hance:
This letter is in regazds to Conditional Use Permit No. 2798 on the property
located at 828 West Vermont Avenue. City staff has been working with you since
December 2005 to bring this property into conformance with the Zoning Code
and the approved CUP. A letter was sent to you on May 6, 2008 requesting that
the property be brought into compliance with the Zoning Code and CUP 2798.
The letter requested the following actions be taken by June 30, 2008:
• Apply for a lot line adjustment to merge Assessor Pazcel Numbers Z51-
021-24 and 036-270-26.
• Apply for a reclassification to rezone Assessor Parcel Number 036-270-26
to the C-G (General Commercial) designation.
• Provide the required number of pazking spaces as required in CUF 2798
• Bring the overall condition of the property up to Zoning Code compliance
• Comply with the conditions of approval and exhibits of CUP 2798.
The letter also stated that if these requirements were not met and the property did
not conform to the conditions of approval and exhibits of CUP 2798 by June 30,
2008, staff would request that the Planning Commission initiate proceedings for
modification or revocation of the CUP.
In addition, at a meeting on May 13, 2008, staff requested that you submit a letter
detailing your operation in order to coordinate the appropriate modifications to
this permit. Staff has not received this letter.
On September 3, 2008, staff will request that the Planning Commission initiate
proceedings to modify CUP 2798 to allow full automobile repair and service.
Please submit the letter of operation detailing your business activities so staff can
fashion the request to best accommodate your existing business. Absent this
letter, staff will move forwazd with the request and conditions of approval we
deem necessary.
200 South Anaheim Boulevartl
P.O. Sox 3222
Anaheim, California 92003
TEL (714) 7655139
August 25, 2008
Charles Hance
Pace 2 ot2
If you have any questions, please feel free to contact me at (714) 765-5395.
Sincerely,
~ , ~--
G. Scott Koehm
Associate Planner
c: GJ Amstrup
Bill Sell
Chris Dalton
File
Item 2
{be
September 3, 2008
Juke Joint
Proposed Off-Site Parking
Conditional Use Permit Igo. 2008-05315
Public Convenience or Necessity No. 2008-00047
Juke Joint - 735 North Anaheim Boulevard
Prooosed Off-Site Parking - 703 and 741-745 Rlorth Anaheim Boulevard ,osss
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Conditional Use Permit No. 2008-05315
Public Convenience or Necessity No. 2008-00047
Juke Joint - 735 North Anaheim Boulevard
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Proposed Off-Site Parking - 703 and 741-745 North Anaheim Boulevard
70593
ATTACHMENT NO. 1A
RICK A. BLAKE
ATTORNEY AT LAW
2107 N. BROADWAY, SUITE 106 `
SANTA ANA, CA 92706
E-MAIL: ABCLAW Gt7RABLAKE.COM
TELEPHONE (714) 667-7171 FACSLMILE (714) 667-0477
March 14, 2008.
City of Anaheim
Planning Department
200 S. Anaheim Boulevard
Anaheim, CA 92805
RE: Letter of Operation for JUKE JOINT
735 N. Anaheim Blvd.
Anaheim, Catifornia 92805
To whom it may concern:
The applicant request approval to permit the collection of a cover charge for an existing
bar.
The property is currently developed with the Juke Joint Bar and Restaurant and is
zoned CG with a general plan designation of R-LM (APN :035-082-21). The existing
business is a legal non-conforming restaurant and bar .The property has been licensed
by The Department of Alcoholic Beverage Control since 1978. The business has been
a staple in breaking out new musical pertormers for nearly 30 years. Since its inception,
the bar has charged a cover charge as a concession to the artist who perform at the
bar. To the best of our client's knowledge, who is a family member of the original
owner, all previous owners had charged similar admission fees. The original owner,
Ivan Marovic, the applicants deceased father, owned the bar from 1978-2000. The bar
was then sold, and eventually bought back by the applicant.
The locations is a legal non-conforming bar. It has 20 parking spaces. The business
operates from 9:00 am to 2:00 am Monday through Sunday. There are four employees,
2 per shift for 2 shifts. There are also Two (3) independent security guards patrolling the
premises as well as the exterior of the premises in order to ensure the health and safety
of the patrons and surrounding neighborhood. There shall always be (1) security
personal at the door to check .appropriate identification, (1) on the floorand (1) patrolling
the outside of the premises.
CUP2008-05315
PC MEETING DATE: 05/12/08
FILE COPY
Applicant believes that the proposal does not intensify the current use and therefore the
zoning code does not require site improvements. Applicant also believes that there are
minimal police calls at the locations, and believes most calls to the location have been
for false alarms. Applicant is open to dialogue with the Police Department in order to
ensure satisfactory conditions to satisfy any concerns the Police Department may have.
Applicant volunteers the following conditions and is open to discuss any further
conditions which the Police Department may require:
Between the hours of 9:00 am to closing and any time the premises is
providing entertainment, the applicant shall provide at least 2 security
personnel;
Alcoholic Beverages shall not be included in the price of admission;
Management shall either a-mail, mail or hand deliver a monthly calendar
of EntertainmenUentertainers to the Vice Detail of the Police Department;
The doors shall remain closed at all times that entertainment is ongoing,
except during times of entry, exit, emergencies and deliveries;
No requirement of a minimum number of drinks;
The applicant takes pride in being the jewel of the surrounding community, as they
strictly enforce their. polices of no loitering in or outside the bar, have a continued and
good working relationship with the Anaheim Police Department and provides a marque
venue for new and established performers. Since the applicant has taken over, there
have been no violations with regard to the liquor license. A copy of the ABC's status
printout is attached hereto for your reference..
Very truly yours,
Mike Ayaz
RAB/krp
Enclosures
ATTACHMENT NO. iB
RICK A. BLAKE
ATTORNEY AT LAW
2107 N. BROADWAY. SUITE 106
SANTA ANA, CA 92706
E-MAIL: ABCLAW@RABLAKE,COM
TELEPHONE (714) 667-7171 FACSIMILE (714) 667-0477
August 27, 2008
David See Sent via email:
dsee@anaheim.net
Anaheim Planning Department
Dear Mr. See:
We are in receipt of the proposed conditions of approval drafted by the Anaheim Police
Department. We would Like to address each condition as follows:
Conditions 1-10 are acceptable;
Condition 11 is vague and ambiguous. The condition cites Section 4.16.100.010
of the Anaheim Municipal Code which pertains to the entertainment permit. The
condition .makes it unclear as to what "permit" will be revoked, the entertainment
permit or the conditional use permit as a whole. Obviously, there are provisions
in the code which would give the City the power to revoke the CUP as well as the
entertainment permit. We do not believe however, that the CUP can be revoked
under the cited section in this condition.
Conditions 12-17 are acceptable;
Condition 18 is problematic in that this condition, as drafted would be an effective
closure of our clients' business. By limiting the days of entertainment to
Thursday, Friday and Saturday our client could not compete with other business
of similar use. We would request that entertainment be allowed on aII Federally
recognized holidays, St. Patrick's Day, Halloween, 'New Year's Eve; Cinco de
Mayo and Christmas Eve. We feel that this is a reasonable request in light of the
fact that these days are generally celebrated by most of the community and
public at large.
Additionally, we would like to request that our client be allowed to provide limited
entertainment on Sundays, which have traditionally been reserved for a BBQ and
live Jazz Bands. We respectfully request permission to offer limited hours of
entertainment on Sundays to allow entertainment up to11:00 pm. This time
limitation, however, would not apply if one of the above dates falls on a Sunday
(for example if New Year's Eve falls on a Sunday), in which case we would
request that the entertainment for such date would not be limited to 11:00 pm.
We would also respectfully request invited entertainment on the third (3rd)
Wednesday of each month. We would agree to limit the entertainment on that
night to 11:00 pm. All promotionally materially would clearly state that any -
entertainmentwill end at 11:00 pm on Wednesdays and Sundays. This request is
made based on the fact that many of the entertainers travel from city to city while
performing in California. While most bands start down south in City's such as
San Diego and move their way to the venues in the Los Angeles areas, this will
allow the entertainers a show opportunity in the Orange County area. When we
discussed these days with the neighbors they did not have any objections. We
believe we have the support of the majority of the neighbors with regard to our
project and that the additions of these limited days of entertainment would be
appropriate.
As we discussed, our client is exchanging its Type-47 on-sale for a Type 48-on
sale general. In other words, there will not be any net increase to the number of
licenses in the census tract. Our client will "surrender" the type 47 upon
successful issuance of the type 48.
Additionally, as we discussed during your visit at the premises, we will not throw
out any trash after the close of business as to not disturb our neighbors. Instead
will dispose of trash accumulated from the previous night the following morning.
Furthermore, as our client indicated during your visit, they will be installing an
alarm on the back door to alerf staff and' management that the back door has
been open. Our client is doing its best to be proactive and intends to remain as
such for the duration of its operation of the business..
Both the applicant and our office would like to thank your cooperation and
professionalism in dealing with this .project. We have made a sincere effort to be
as proactive as possible in this case and would hope, that despite any of the
previous issues we can move forvvard. We are disappointed that a
representative of the police department did not come to our community meeting,
which we believe was a major success in our efforts to mitigate concerns from
the neighbors: As you know; our client and I went door to door to discuss issues
with neighbors as well as encouraging them to attend the meeting. As you
witnesses, all of the neighbors that came to the meeting seemed supportive,
especially in light of the fact that we addressed their concerns. Mrs. Shigo's email
is a testament to such fact.
Shbuld you have any questiohs, commehts orwish to discuss the matter further
please feel free to contact the undersigned.
Very truly yours,
Mike Ayaz
ATTACHMENT NO. 2
LEASE AGREEMENT BY AND BETWEEN
IUKE JOINT BAR & GRILL (LESSEE)
(LESSOR)
NOW THEREFORE, for the goad and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, Lessor and Lessee hereby agree as follows: ''''"/''''77777.~~~~~~y~
1, 1. This lease Agreement ("Lease") is made as of 07-O1-08 by and between ~ ~V rJ
_ ~~~~ S a s~. N ,(Lessor) and JUKE JOINT BAR & GRILL (LESSEE). The parties
agree as follows:
1.2 lessor herby leases, transfers and demises to Lessee, and Lessee hereby leases and takes from
Lessor, the Premises for the terms and upon the agreements, covenants and conditions set forth in
this Lease.
1.3 Lessor, In consideration of the lease payments provided in the Agreement, leanses to r~/
Lessee parking spaces (Tha Dremises) located on the '70 3 N . rtn0~ I)N (S( / (/~
Section 2. Term
2.1 The term of this lease shall be 1 year (the Term) commencing on 07-01-2006, and, unless sooner
terminated or extended as herein provided shall terminate on
2.2 Lessee may terminate this Lease in the event Lessee shall terminate its business known as upon
written notification to the other party SIXTY (60) days prior to terminating the lease.
2.3 Renewal Terms -This lease shall automatically renew on 07-OS-2009.
Section 3. Lease Pavments
3.1 Lessee shall pay to Lessor as rental for the use and occupancy of the Premises, lessee shall pay to
Lessor lease payments of {$ 2J0 .00) d011ors payable every six (6) months.
3.2 Late Payments, Lessor will allow a grace period of FIVE (S) business days prior to commencement
of ari 8% penalty per annum until pall _ __, _. _ _ _ _ ,
SECTION 4. POSSESION AND USE
4.1 Lessee shall be entitled to possession of the premises the first day of the terms of th(s lease, and
shall yield possession to the Lessor on the last day of the terms of this lease, unless otherwise agreed
to by both parties in writing.
4.2 Lessee shall use the premises far the storage and\or parking of motor vehicles of customers,.
guests and \or employees of Lessee's business.
4.3 Lessor allows and Lessee shall be entitled to install signs at the head of the parking stalls
(Premises) indicating "JUKE JOINT PARKING ONLY".....) orany other sign agreed to by the parties.:.
4.4 At all times during the terms of this lease Lessee, shall, at Lessee's own cost and expense, keep
and maintain the ~p_ parking stalls and\or spaces designated as the general maintenance of the
"Premises" under this Lease. Such Improvements shall Include, but not be limited to at the end of the
Lease term, restore the `"Premises" at the commencement of this Lease, normal wear and tear
expected and shall remove all signs.
SECTION S. DEFAULT
S.1 Lessee may not assign or sublease any interest in the lease wkhout prior written consent of the
Lessor and which consent shall not be ureasonable withheld.
SECTION 6. NOTIFICATION
6.1 The City of Anaheim shall be given written notice immediately of any modification, transfer,
revision or change of any part of either party's interest or termination of the Lease.
6.2 Notice under this Lease shall not be deemed valid unless given or secured in writing and
forwarded by mall, postage pre-paJid and addresses as follows:
LESSOR: ~hrfllS I~u~/gS1'V~/p LESSEE-JUKEJOINTBAR&GRILL
7''1~ 3 1~~~V ~'N 4// ~c ~ M I~~ V t~ 735 N. ANAHEIM BLVD..
1't"ftIf,IVtIrV~ ! V~ ~~~~-~~~5 ANAHEIM, CA 92805
6.3 Such addresses may change from time to time by either party by providing no[tce asset forth in
paragraph 6.2 above.
SECTION 7. ENTIRE AGGREEMENT/ AMENDMENTS
7.1 This Lease is Second (2) page fn length and constitutes the entire agreement by and between the
parties and there are no promises, conditions terms or obligations in any other agreement, whether
oral or written.
- - 7.2Thisiease maybe modiFled or amended inwriting only; and must be signed by both parties or if
the writing is signed by the party obligated under the amendment.
sECT4ON S. SEVERABILITY
8.1 If any portion of this Lease shall be held invalid or unenforceable ar any reason, the remaining
provisions shall continue to be valid and enforceable.
SECTION 9. ACKNOWLEDGEMENT & AGGREEMENT OF LEASE
9.1 The parties hereby agree, acknowledge and promise to be bound by, the terms, obligations, and
promises set forth In the Lease.
9.2 The parties hereby agree that both parties have had ample opportunity to personally review the
Lease, have been advised and had the opportunity to have this Lease reviewed by independent
counsel, and having been satisfied with the terms, conditions and obligations of the Lease hereby
execute the lease agreement by signing in the appropriate spaces below.
I JOHN MAROVIC Is or am authorized to and hereby accept to the terms of this Lease on behalf of
JUKE JOINT BAR & GRILL.
Date: 7-01-ZOOS ey: JUKE JOINT BAR &
Position: OWNER ,
Signature:
22 ,/ v
~~1 t/ II ~ S r'/ ud N S >ld s`J is or am authorized to and hereby accept to the
terms of this ease an beha f of
Date: ~-~LI'urb Ry:1~bi~ltiisT3vri~Sk-Qt,
Position: dt/~~he'^
Signature: ~/!~j>,~~~+<-
LEASE AGREEMENT BY AND BETWEEN
JUNE JOINT BAR&GRILL (LESSEE)
t ~ ~ ~ 1 `i . ~Kdlt LAM (LESSOR)
Blvd
}'~ n a l~e.wr. ~ US ~i ~ ~ ~ S
NOW THEREFORE, tar the good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, Lessor and Lessee hereby agree as follows:
1.1. his lease Agreement ("L~~//ease") is made as of 07-01-08 by and between
~ rsx~- _ .(Lessor) and JUKE JOINT BAR &GRILL (LESSEE). The parties
agree as follows:
1.2 Lessor herby leases, transfers and demises to Lessee, and Lessee hereby leases and takes from
Lessor, the Premises for the terms and upon the agreements, covenants and conditions set forth In
this Lease.
1.3 Lessor, in consideration of the lease payments provided In the Agreement, leases t
Lessee_~ parking spaces (The Premises) located on the L
Section 2. Term
2.1 The term of this lease shalt be 1 year (the Term) commencing on 07.01-2008, and, unless sooner
terminated ar extended as herein provided shall terminate on
2.2 Lessee may terminate this Lease In the event Lessee shall terminate its business known as upon
written notification to the other party sD(TY (60) days prior to terminating the lease.
2.3 Renewal Terms -This lease shall automatically renew on 07-01-2009.
section 3. Lease Pavments
3.1 Lessee shall pay to Lessor as rental for the use and occupancy of the Premises, Lessee shall pay to
Lessor lease payments of ($300.00) d®ligrs payable every stx (6) months.
3.2 Late Payments. Lessor will allow a grace period ofFIVE(5) business days prior to commencement
of an 8% penalty per annum until paid.
SECTION 4. POS5E51ON AND USE
4.1 lessee shall be entitled to possession of the premises the first day of the terms of this lease, and
shall yield possession to the Lessor on the last day of the terms of this Lease, unless otherwise agreed
to by both parties In writing.
4.2 Lessee shall use the premises for the storage and\or parking of motor vehicles of customers,
guests and \or employees of Lessee's business.
4.3 Lessor allows and lessee shall be entitled to Install signs at the head of the parking stalls
(Premises) indicating "JUKE JOINT PARKING ONLY".....) or any otherslgn agreed to by the parties.
4.4 At all times during the terms of this Lease Lessee, shall, at Lessee's own cost and expense, keep
and maintain the ~~ parking stalls and\orspaces designated as the general maintenance of the
"Premises" under this Lease. Such Improvements shall Include, but not be limited to at the end of the
Lease term, restore the "Premises" at the commencement of this Lease, normal wear and tear
expected and shall remove ail signs.
SECTION 5. DEFAULT
5.1 Lessee may not assign or sublease any interest In the Lease without prior written Consent of the
Lessor and which consent shall not be ureasonable withheld.
SECTION 6. NOTIFICATION
6.1 The City of Anaheim shall be given written notice immediately of any modification, transfer,
revision or change of any part of either party's interest or termination of the Lease.
6.2 Notice under this Lease shall not be deemed valid unless given or secured fn writing and
forwarded by mail, postage pre-paid and addressesas follows:
LESSOR: LESSEE-JUKE JOINT RAR & GRILL
7`~( 1"~'FS •J. J~~Ag4`CiM (~~yl( 735 N. ANAHEIM BLVD.
i~nohe~rti i (A °~~4os~
ANAHEIM, CA 92805
6.3 Such addresses may change tram time to time by either party by providing notice asset forth In
paragraph 6.2 above.
SECTION 7. ENTIRE AGGREEMENT/AMENDMENTS
7.1 This Lease is Second (2) page in length and constitutes the entire agreement by and between the
parties and there are no promises, conditions terms or obligations in any other agreement, whether
oral or written.
7.ZThislease may bemodified or amended inwritng onlyandmusrbe signed byboth parties or if
the writing is signed 6y the party obligated under the amendment.
SECTION 8. SEVERABILITY
8.11f any portion of this Lease shall be held invalid or unenforceable or any reason, the remaining
provisions shall continue to be valid and enforceahle.
SECTION 9. ACKNOWLEDGEMENT& AGGREEMENT OFtEASE
9.1 The parties hereby agree, acknowledge and promise to be bound by, the terms, obligations, and
promises set forth In the Lease.
9.2 The parties hereby agree that both parties have Mad ample opportunity to personally review the
Lease, have been advised and had the opportunity to have this Lease reviewed by Independent
counsel, and having been satisfied with the terms, cond(tions and obligations of the Lease hereby
execute the Lease agreement by sl'gning In the appropriate spaces below.
I JOHN MAROVIC is or am authorized to and hereby accept to the terms of this Lease an behalf of
JUKE JOINT BAR & GRILL.
Date: 7.01.2008 By: JUKE JOINT BAR &
Position:
Signature:
~I,t.r fN. ('7r ~ ~~,.ru.Y is or am authorized to and hereby accept to the
terms of this Lease on behalf of
sy
Date: r~ ~7- e d By: uo..-..
Position: ~.I4WDL-0~D
" ~S~gnature: JIc Ir.~ //J ~~,HrnLe.~
ATTACHMENT NO. 3
[DRAFT]
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND
APPROVING CONDITIONAL USE PERMIT N0.2008-05315
(735 NORTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use PePmit No. 2008-05315 to permit and retain an existing nightclub with a
cover charge, dancing, and live entertainment on certain real property situated in the City of
Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and
incorporated herein by this reference.
WHEREAS, the property is developed with a 2,874 squaze foot nightclub
building in the General Commercial zone and the Anaheim General Plan designates the property
for Low Medium Density Residential land uses; and
WHEREAS, the proposed request to permit and retain an existing nightclub
includes waiver of the following:
SECTION 18.42.040.010 Minimum required pazkine maces.
(49 spaces required; 32 spaces proposed)
WHEREAS, the Planning Commission did hold a public heazing at the Civic
Center in the City of Anaheim on September 3, 2008, 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 heaz and consider evidence for and against said proposed
amendment to a conditional use permit 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 proposed request to permit and retain an existing nightclub with a cover
charge, dancing, and live entertainment in the General Commercial (C-G) zone is properly one
for which. a conditional use permit is authorized by Anaheim Municipal Code Section
18.10:030.010 (Bars and Nightclubs).
2. That in order to mitigate potential disturbances on the adjacent residential
neighborhood, the applicant proposes to monitor the premises during live entertainment events,
eliminate loitering and pick up trash in the rear pazking lot, keep the reaz door closed and locked
at all times, install an alazm on the rear door, provide a 24 hour telephone hotline for the
neighbors, empty trash in the trash bin before 10 p.m., and provide a smoking azea in front of the
building (adjacent to Anaheim Boulevard).
-1- PC2008-***
3. That the proposed nightclub, as conditioned, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is located.
4. That the size and shape of the site for the use, as conditioned, is adequate to allow
the nightclub in a manner not detrimental to either the particular area or health and safety:
5. That the traffic generated by the use of the property will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
6. That the variance will not cause fewer off-.street parking spaces to be provided for
the proposed nightclub than the number of spaces necessary to accommodate all vehicles for the
facility because additional off-street parking would be provided at 703 and 741-745 North
Anaheim Boulevard such that more parking than is required by Code would be available to the
nightclub.
7. That the conclusions contained in the parking demand study indicate that the
businesses located at 703 and 741-745 North Anaheim Boulevard do not utilize their respective
pazking lots during the nightclub's peak nighttime operating hours.
8. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to the subject petition..
WHEREAS, the Anaheim Planning Commission has reviewed the proposal and
does hereby find that the Negative Declaration is adequate to serve as the required environmental
documentation in connection with this request.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim Planning
Commission does hereby approve Conditional Use Permit No. 2008-05315 subject to the
conditions of approval described in Exhibit "B" attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the citizens of the
City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
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 declazed 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.
-2- PC2008-*
BE IT FUTHER 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. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 3, 2008. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary ofthe 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 3, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
September, 2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2008-*
EXHIBIT "A"
CONDI'T'IONAL USE PERMIT N0.2008-05315
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Source: Recorded Trect Meps and/or Clty GIS.
Please note the accuracy Is +/- two to five feet.
Juke Joint
Proposed Off-Site Parking
E, UHppIH
Juke Joint - 735 North Anaheim Boulevard
Proposed Off-Site Parking - 703 and 741-745 North Anaheim Boulevard
tOS93
-4- PC2008-***
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05315
No. Conditions of Approval Responsible for
Monitorin
WITHIN 90 DAYS OF THE DATE OF THIS RESOL UTION
1 That all property used for off-site parking shall be under Planning,
agreement approved as to form by the City Attorney. City Attorney
The agreement shall be recorded in the Office of the
County Recorder, and a recorded copy filed with the
Planning Department and, further, shall specify the
number and location of the off-site pazking spaces and
assure that the spaces shall be accessible and available at
all times for parking in conjunction with the use for
which the parking spaces are required.
2 That any amendment to, or termination of, the recorded Planning,
parking agreements shall require the prior written City Attorney
consent of the City. Alternative pazking must be
acquired to provide Code required parking.
3 That final parking lot plans shall be submitted to the Planning
Planning Services Division for review and approval as to
the number, dimension, and design of the parking lot.
Any decision by staff made be appealed to the Planning
Commission as a "Reports and Recommendations" item.
GENERAL CONDITIONS
4 That the reaz door (west side of building) shall remain Police,
closed at all times that entertainment is permitted, except Code Enforcement
during times of emergencies. The rear door shall also be
fitted with an alarm which sounds when the door is
opened.
5 That the permitted event or activity shall not create sound Police,
levels which violate any ordinance of the City of Code Enforcement
Anaheim.
6 That between the hours of 8:00 p.m. and closing any Police,
time the premises aze providing entertainment, the Code Enforcement
applicant shall provide at least three uniform and
licensed security personnel Security measures shall be
provided to the satisfaction of the Anaheim Police
Department to deter unlawful conduct on the part of
em loyees or patrons, romote the safe and orderly
-5- PC2008-***
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. There shall generally one guard stationed at
the front door of the establishment, one to patrol the
parking lot, and one to monitor all areas, including the
building interior and off-site parking lots.
7 That the applicant shall monitor the area under their Police,
control in an effort to prevent the loitering of persons Code Enforcement
abput the premises.
8 That trash shall not be emptied into outside trash Police,
containers between the hours of 10 p.m, to 7 a.m. daily. : Code Enforcement
9 That any and all security officers provided shall comply Police,
with all State and Local ordinances regulating their . Code Enforcement
services, including, without limitation, Chapter 11.5 of
Division 3 ofthe California Business and Profession
Code.
10 That the operation of any business under this pemut shall Police,
not be in violation of any provision of the Anaheim Code Enforcement
Municipal Code, State or County ordinance.
11 That the number of persons attending the event shall not Fire, Police,
exceed the maximum occupancy load as detemuned by Code Enforcement
the Anaheim Fire Department. Signs indicating the
occupant load shall be posted in a conspicuous place on an planning
approved sign neaz the main exit from the room. Any
changes to increase the occupancy load of this building,
may require an amendment to this CUP as an
intensification of use.
12 That all entertainers and employees shall be clothed in Police,
such a way as to not expose "specified anatomical areas" Code Enforcement
as described in Section 7.16.060 of the Anaheim
Municipal Code.
13 That management shall a-mail a monthly calendaz of Police
entertainment/entertainers to the Vice Detail of the
Police Department.
14 ' That all doors serving the nightclub shall conform to the Fire
requirements of the Uniform Fire Code and shall be kept
closed at all times during the operation of the premises
except for ingress/egress,. ermit deliveries and in cases
-6- PC2008--***
of emergency.
15 That trash storage areas shall be provided and Planning
maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on
file with said Department. Said storage areas shall be
designed, located and screened so as not to be readily
identifiable from adjacent streets or highways..
16 That adequate lighting shall be provided consistent with Police,
police department guidelines for parking lots, driveway, Code Enforcement
circulation areas, aisles, passageways, recesses and
ground contiguous to buildings, shall be provided with
lighting of sufficient wattage consistent with Police
Department guidelines to provide adequate illumination
to make clearly visible the presence of any person on or
about the premises during the hours of dazkness and
provide a safe, secure environment for all persons,
property, and vehicles onsite. Parking lot lighting shall
be directed, positioned, and shielded in such a manner so
as not to unreasonably illuminate the windows of neazby
residences.
17 That there shall be no live entertainment, amplified music Police,
or dancing permitted on the premises at anytime without Code Enforcement
issuance of proper perrriits as required by Title 4 of the
Anaheim Municipal Code.
18 That the business shall not be operated in such a way as to Police,
be detrimental to the public health, safety or welfaze.
Code Enforcement
19 That no one under the age of 21 shall be allowed on the Police,
premises. Code Enforcement
20 That the business shall not employ or permit any persons Police,
to solicitor encourage others, directly or indirectly, to buy Code Enforcement
them drinks in the licensed premises under any
commission, percentage, salary, or other profit-sharing
plan, scheme or conspiracy.
21 That any violation of the application, or any attached Police,
conditions, shall be sufficient grounds to revoke the Code Enforcement
permit.
22 That the sale of alcoholic beverages for consumption off Police,
the premises shall not be permitted.
-7- PC2008-***
Code Enforcement
23 That there shall be no exterior advertising or sign of any Police,
kind or type, including advertising directed to the Code Enforcement
exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of
alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
24 That there shall be no requirement to purchase a Police,
minimum number of drinks. Code Enforcement
25 That signs shall be posted at all exits of the premises of Police,
the prohibition of alcoholic beverages from leaving the Code Enforcement
confines of the establishment.
26 That alcoholic beverages shall not be included in the Police,
price of admission. Code Enforcement
27 That the business shall not allow patrons to enter and Police,
exit the reaz (west side) of the building to smoke. Code Enforcement
Patrons must go in and out of the front doors and the
owner shall create a smoking azea in the front equipped
with ashtrays and a trash receptacle.
28 That live entertainment shall be limited to Thursday, Police,
Friday, and Saturday nights only. Code Enforcement
29 That "No Loitering" signs shall be posted in the reaz Police,
pazking lot. Code Enforcement
30 That the property shall be permanently maintained in an Code Enforcement
orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and
removal of graffiti within twenty-four (24) hours from
the time of discovery.
31 That timing for compliance with conditions of approval Plazming
may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is
established that satisfies the original intent and purpose
of the condition(s), (ii) the modification complies with
the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment
of the use or approved development.
-8- PC2008-***
32 That approval of this application constitutes approval of Planning
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.
33 That extensions for further time to complete conditions Planning
of approval may be granted in accordance with Section
18:60.170 of the Anaheim Municipal Code.
-9- PC2008-***
[DRAFT] ATTACHMENT NO. 4
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION °°--
APPROVING A CEQA NEGATIVE DECLARATION AND
DETERMINING PUBLIC CONVENIENCE OR NECESSITY N0.2008-00047
TO PERMIT THE EXCHANGE OF AN EXISTING TYFE 47 ABC LICENSE
WITH A TYPE 48 PUBLIC PREMISES ALCOHOLIC BEVERAGE
LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES
FOR ON-PREMISES CONSUMPTION IN AN EXISTING NIGHTCLUB
(735 NORTH ANAHEIM BOULEVARD)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134
establishing procedures and delegating certain responsibilities to the Planning Commission relating
to the determination of "public convenience or necessity" on those certain applications requiring
that such determination be made by the local governing body pursuant to applicable provisions of
the Business and Professions Code, and prior to the issuance of a license by the Department of
Alcoholic Beverage Control (ABC); and
WHEREAS, Section 23958 of the Business and Professions Code provides that the
ABC shall deny an application for a license if issuance of that license would tend to create a law
enforcement problem, or if issuance would result in or add to an undue concentration of licenses,
except when an applicant has demonstrated that public convenience or necessity would be served by
the issuance of a license; and
WHEREAS, the Anaheim Planning Commission did receive an application for a
Determination of Public Convenience or Necessity to permit the exchange of an existing Type 47
ABC license (On-Sale General -Eating Place) to a Type 48 ABC license (On-Sale General -Public
Premises) for certain real property situated in the City of Anaheim, County of Orange, State of
California, as more particularly described in Exhibit "A" attached hereto and incorporated by this
reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 3, 2008, at 2:30 p.m., notice of said public heazing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Procedures", to heaz and consider evidence for and against said proposed
variance 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 existing business is anon-conforming use. The business was originally
established in 1978 as a restaurant with accessory alcoholic beverage sales. In 1978, the Zoning
Code permitted restaurants with cocktail lounges by right in the CG zone. The business has been
operating with a Type 47 ABC license since 1978. The applicant requests approval to exhange a
Type 47 ABC license for a Type 48 ABC license. This license would authorize the .sale of beer,
wine, and distilled spirits for consumption on the license premises; food service would not be
required; and minors would not be allowed on the premises.
-1- PC2008-***
2. That California State Law requires a Determination of Public Convenience or
Necessity when property is located in a police reporting district with a crime rate above the city
average; and that Section 23958 of the Business and Professions Code provides that the ABC shalt
deny an application for a license if issuance of that license would tend to create a law enforcement
problem or if issuance would result in, or add to, an undue concentration of licenses, except when
an applicant has demonstrated that public convenience or necessity would be served by issuance of
a license.
3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to
make recommendations related to the public convenience or necessity determinations; and that said
recommendations shall take the form of conditions of approval to be imposed on the determination
in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect
any adjoining land use or the .growth and development of the surrounding area.
4. That the subject property is located within Reporting District 1524, which has a crime
rate of 107 percent above the City average. This property is also located within Census Tract No.
865.01 which has a population of 4,748. This census tract allows for five on-sale licenses and there
are currently four licenses in the tract. The owner proposes to exchange an existing Type 471icense
for a new Type 48 license; therefore, there will not be a net increase in the number of on-sale ABC
licenses within the Census Tract.
5. That there are no schools or public parks adjacent to or within 500 feet of the subject
site.
6. That the Determination of Public Convenience or Necessity can be made based on the
finding that the license requested is consistent with the Planning Commission guideline for such
determinations.
7. That alcoholic beverage sales foYon-premises consumption is a compatible use within
an existing bar and nightclub and will provide a convenience to patrons who aze visiting the azea to
see live entertainment venues. The conditions of approval contained herein relating to restrictions
on alcoholic beverage sales, displays, signage, noise, parking, loitering, and property maintenance,
would ensure that the use would not be detrimental to the azea.
8. That the Anaheim Police Department does not oppose the proposed ABC License
exchange and recommends conditions of approval as shown below to ensure that approval of this
request will not adversely affect any adjoining land use or the growth and development of the
surrounding area.
9. That *** indicated their presence at the public hearing in opposition; and that ***
correspondence was received in opposition to the subject request.
WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does
hereby find that the Negative Declazation is adequate to serve as the required environmental
documentation in connection with this request.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim Planning
Commission does hereby determine that the public convenience or necessity will be served by the
exchanging of the ABC license for the business from a Type 47 to a Type 48 license subject to the
-2- PC2008-***
conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference
which are hereby found to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
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 Resolution, and any approvals herein contained, shall be deemed
null and void.
BE IT FUTHER 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. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was .adopted at the Planning Commission
meeting of September 3, 2008. 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 3, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
September, 2008.
SENIOR SECRETARY, ANAHEIM PLANNBJG COMMISSION
-3- PC2008-***
EXHIBIT "A"
PUBLIC CONVENIENCE OR NECESSITY N0.2008-00047
N~rtTH SZ
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Juke Joint
Proposed Off-Site Parking
w
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Juke Joint - 735 North Anaheim Boulevard
Proposed Off-Site Parking - 703 and 741-745 North Anaheim Boulevard
-4- PC2008-*
msaa
EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY N0.2008-00047
No. Conditions of Approval Responsible for
Monitorin
GENERAL CONDITIONS
1 That the rear door (west side of building) shall remain Police,
closed at all times that entertainment is permitted, except Code Enforcement
during times of emergencies.
2 That the permitted event or activity shall not create sound Police,
levels which violate any ordinance of the City of Code Enforcement
Anaheim.
3 That between the hours of 8:00 p.m. and closing any Police,
time the premises are providing entertainment, the Code Enforcement
applicant shall provide at least three uniform and
licensed security personnel. Security measures shall be
provided to the satisfaction of the Anaheim Police
Department to deter unlawful conduct on the part of
employees or patrons, 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. One security guard shall be at the main
entrance to check I.D.'s and two guards shall monitor
the rear of the building to ensure the back door remains
shut at all times and shall also monitor the parking lot.
4 That the applicant shall police the area under their Police,
control in an effort to prevent the loitering of persons Code Enforcement
about the premises.
5 That trash shall not be emptied into outside trash Police,
containers between the hours of 10 p.m. to 7 a.m. daily. Code Enforcement
6 That any and all security officers provided shall comply Police,
with all State and Local ordinances regulating their Code Enforcement
services, including, without limitation, Chapter 11,5 of
Division 3 of the California Business and Profession
Code.
7 That the operation of any business under this permit shall Police,
not be in violation of any provision of the Anaheim Code Enforcement
Municipal Code, State or County ordinance.
8 That the number of persons attending the event shall not Fire, Police,
exceed the maximum occu ancy load as determined by
-5- PC2008-***
' the Anaheim Fire Department. Signs indicating the Code Enforcement
occupant load shall be posted in a conspicuous place on an
approved sign near the main exit from the room.
9 ' That all entertainers and employees shall be clothed in Police,
such a way as to not expose "specified anatomical aeeas" Code Enforcement
as described in Section 7.16.060 of the Anaheim
MunicipaICode.
10 That management shall e-mail a monthly calendar of Police
entertainment/entertainers to the Vice Detail of the
Police Department.
11 That all doors serving subject restaurant shall conform to Fire
the requirements of the Uniform Fire Code and shall be
kept closed at all times during the operation of the
premises except for ingress/egress, permit deliveries and
in cases of emergency.
12 That trash storage areas shall be provided and Planning
maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on
file with said Department. Said storage aeeas shall be
designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The
walls of the storage areas shall be protected from graffiti
opportunities by the use of plant materials such as
minimum one-gallon size clinging vines planted on
maximum three-foot centers or tall shrubbery.
13 That adequate lighting shall be provided consistent with Police,
police department guidelines for parking lots, driveway, Code Enforcement
' circulation aeeas, aisles,'passageways, recesses and
ground contiguous to buildings, shall be provided with
lighting of sufficient wattage consistent with Police
Department guidelines to provide adequate illumination
to make clearly visible the presence of any person on or
about the premises during the hours of dazkness and
provide a safe, secure environment For all persons,
property, and vehicles onsite. Parking lot lighting shall
be directed; positioned, and shielded in such a manner so
as not to unreasonably illuminate the windows of nearby
residences.
14 That there shall be no live entertainment, amplified music Police,
or dancing permitted on the premises at anytime without
Code Enforcement
issuance of proper permits as required by Title 4 of the
Anaheim Municipal Code.
-6- PC2008-***
15 That the business shall nat be operated in such a way as to Police,
be detrimental to the public health, safety or welfare. Code Enforcement-
16 That no one under the age of 21 shall be allowed on the Police,.
premises. Code Enforcement
17 That the business shall not employ or permit any persons Police,
to solicit or encourage others, directly or indirectly, to buy Code Enforcement
them drinks in the licensed premises under any
commission, percentage, salary, or other profit-sharing
plan, scheme or conspiracy.
18 That any violation of the application, or any attached Police,
conditions, shall be sufficient grounds to revoke the Code Enforcement
permit.
19 That the sale of alcoholic beverages for consumption off Police,
the premises shall not be permitted. Code Enforcement
20 That there shall be no exterior advertising or sign of any Police,
kind or type, including advertising directed to the Code Enforcement
exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of
alcoholic beverages or signs which are cleazly visible to
the exterior shall constitute a violation of this condition.
21 That there shall be no requirement to purchase a Police,
minimum number of drinks. ' Code Enforcement
22 That signs shall be posted at all exits of the premises of Police,
the prohibition of alcoholic beverages from leaving the Code Enforcement
confines of the establishment.
23 That alcoholic beverages shall not be included in the Police,
price of admission. Code Enforcement
24 That the business shall not allow patrons to enter and Police,
exit the reaz (west side) of the building to smoke. Code Enforcement
Patrons must go in and out of the front doors and the
owner shall create a smoking azea in the front equipped
with ashtrays and a trash receptacle.
25 That live entertainment shall be limited to Thursday, Police,
Friday, and Saturday nights only. Code Enforcement
26 That the property shall be permanently maintained in an Code Enforcement
-7- PC2008-***
orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and
removal of graffiti within twenty-four (24) hours from
the time ofdiscovery.
27 That approval of this application constitutes approval of Planning
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.
28 That extensions for further time to complete conditions Planning
of approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
-8- PC2008-***
'~pl\F.I~I (_.if
o •:
4
_ ~t k7 1
,•
F~UNOFU~~f._
City of Anaheim
P®I.ICE I)EPAISTEl`1T
Special Operations Division
To: Dave See
Planning Department
ATTACHMENT NO. 5
I+rom: Lieutenant Don Klein
Vice, Narcotics, and Criminal Intelligence Bureau
Commander
Date:. August I5, 2008
R)/: CUP 2008-05315
John Marovic
.Juke Joint Bar & Grill
735 N. Anaheim Blvd.
Anaheim, CA 92805
The Police Department has received an I.D.C. Route Sheet for CUP-
2008-05315. The applicant is requesting to be a bar/nightclub with a
type 48 alcohol beverage control license.
The location is within Reporting District 1524, which has a Crime Rate
of 107 % above average. It is also within Census Tract Number 865.01
which has a population of 4,748. This population allows for 3 off sale
Alcoholic Beverage Control licenses and there are presently 5 licenses
in the tract. It also allows for 5 on sale licenses and there are presently
4 in the tract.
The census tract boundaries are:
North 91 Freeway
South Sycamore
East Olive/Path
West Harbor
Please see map provided for immediate vicinity locations
The census tracts surrounding this location are as follows:
North - 116.02
On Sale allowed 7/active 2
population 5,762
Off Sale allowed 4/active 1
North -Fullerton
Anaheim Police Dept.
425 S. Harbor Blvd.
Anaheim, CA 92805
TEL: 714.765.1401
FAX: 714.765.1665
South - 873,00
On Sale allowed 11/active 3
population 10,041
Off Sale allowed 6/active 6
Memorandum
Dave See
Juke Joint Bar & Grill
West - 872:00
On Sale allowed 5/active 3
West - 866.02
On Sale allowed 7/active 3
West - 866.01
On Sale allowed 11/active 2
East - 865.02
On Sale allowed S/active 2
Additional Census Tract information:
North West -Fullerton
North East -118.02
On Sale allowed 7(active 2
South West - 872:00
On Sale allowed 8/active 3
South East - 873.00
On Sale allowed 11/active 3
population 7,371
Off Sale allowed 5/active 1
population 6,177
Off Sale allowed 4lactive 9
population 9,872
Off Sale allowed 6/active 2
population 6,678
Off Sale allowed 4lactive 3
population 5,762
Off Sale allowed 4lactive 1
population 7,371
Off Sale allowed 5/active 1
population 10,041
Off Sale allowed 6lactive 6
The Police Department has responded to this location 26 times since
March 23, 2007. The calls include: 2 felony assault, 1 brandishing
firearm, 2 assault, 1 fight, 2 disturbance, 3 burglary alarm, 2 robbery
alarm, 2 panic alarm, 4 drunk/flag down, 1 assist other department, 1
AMC violation, 3 miscellaneous flag down. 10 reports were taken.
The Reporting District north of the location is 1424; it has a crime rate of
9 % above average. The Reporting District east is 1525; it has a crime
rate of 163 % above average. West is 1523, with a rate of 36 % below
average, and south of the location is 1624, with a crime rate of 113
above average.
The Police Department approves this request with conditions. This
location backs directly up to a residential neighborhood. They have
negatively impacted the neighborhddd in the past. This applicant and
his family have been in the "bar' business for a very long time. I am
sure he is fully aware of what he can and cannot do, and what he
should and should not do as an owner. There has been an increase in
the problems and calls for service at this location. The Police
Department demands this location follow their C.U.P. to the letter of the
law and be a "good neighbor'. Thus, allowing the residence the quiet
Page 2
Memorandum
Dave See
Juke Joint Bar & Grill
enjoyment of their neighborhood that they deserve. We want to make
the applicant aware that if we start to receive complaints we will work
with them to correct the problems, but if that is not successful we will go
through the process to revoke this conditional use permit. We request
that the following conditions are placed on the C.U.P.:
The permitted event or activity shall not create sound levels, which
violate any ordinance of the City of Anaheim. (Section 4.16.100.010
Anaheim Municipal Code)
2. Between the hours of 8:00 p.m. and closing any time the premises
are providing entertainment, the petitioner(s) shall provide at least
3 uniform and licensed security personnel. Security measures
shall be provided to the satisfaction of the Anaheim Police
Department to deter unlawful conduct on the part of employees or
patrons, 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. The Police Department recommends one
guard be at the main entrance to check I.D.'s, and two guards to
the rear of the building to ensure the back door remains shut at all
times and monitor the parking lot.
3. 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)
4. The operation of any business under this permit shall not be in
violation of any provision of the Anaheim Municipal Code, State or
County ordinance. (Section 4.16.100.010 Anaheim Municipal Code)
S. The number of persons attending the event shall not exceed
the maximum occupancy load as determined by the Anaheim
Fire Department. Signs indicating the occupant load shall be
posted in a conspicuous place on an approved sign near the
main exit from the room. (Section 25.714(a) Uniform Fire Code)
6. The doors shall remain closed at all times that entertainment is
permitted, except during times of emergencies. (Section 4.18.110
Anaheim Municipal Code)
7. The business shall not be operated in such a way as to be
detrimental to the public health, safety or welfare. (Section
A.16.100.010 Anaheim Municipal Code)
Page 3
Memorandum
Dave See
Juke Joint Bar & Grill
8. All entertainers and employees shall be clothed in such a way as to
not expose "specified anatomical areas" as described in Section
7.16.060 of the Anaheim'Municpal Code.
9. No one under the age of 21 shall be allowed.
10. The business shall not 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. (Section 24200.5
Alcoholic Beverage Control Act).
11. Any violation of the application, or any attached conditions,
shall be sufficient grounds to revoke the .permit. (Section
4.16.100.010 Anaheim Municipal Code)
12. The sale of alcoholic beverages for consumption off the premises
is strictly prohibited.
13. There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within, promoting
or indicating the availability of alcoholic beverages. Interior
displays of alcoholic beverages or signs which are clearly visible
to the exterior shall constitute a violation of this condition.
14. There shall be no requirement to purchase a minimum number of
drinks.
15. Signs shall be posted at all exits of the premises of the
prohibition of alcoholic beverages from leaving the confines
of the establishment.
16. Alcoholic beverages cannot be included in the price of admission.
17: The business shall not allow patrons to enter and exit the rear of
the building to smoke. This has created noise disturbance to the
neighborhood. Patrons must go in and out of the front doors and
the owner must create a smoking area equipped with ashtrays
and a trash receptacle.
18. Entertainment shall be limited to Thursday, Friday, and
Saturday nights only as to minimize the impact on the
neighborhood.
f:\home\mminvin\CUP 2008-05315 735 N Anaheim Juke JoInl48.doc
Page 4
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Page I of 1
ATTACHMENT NO. 9
David See
From: Gary and Marianne Westerfield lgmwester@yahoo.com]
Sent: Friday, August 22, 2008 4:10 PM
To: David See
Subject: 735 North Anaheim 61vd-Conditional Use Permit
Mr. See,
I own a property at 746 N. Zeyn which backs up to Anaheim Blvd.
We have had a constant problem with this nightclub. It involves shouting, noise from the club, and
general disorderliness.
I have already had one tenant leave because of the rowdy behavior every weekend.
I would therefore ask that conditional use permit be denied
Thanks for your consideration in this matter
Gary Westerfield
8/26!2008
Page 1 of 3
David See
From: meghan shigo [meghanshigo@yahoo.com)
Sent: Saturday, August 23, 2008 9:02 PM
To: MotherColony@yahoogroups.com; ANA; ANA Board; designateddistrict4@yahoogroups.com;,
Palm District
Cc: My Love of My Life; panky romero; David See
Subject: Re: [MotherColony] Fw: Juke Joint Meeting 1:00 pm Saturday: follow up
I thought I should post a summary of the meeting that I attended today at the Juke
Joint along with David See (planner for the city of Anaheim, over seeing their new
permit), the owner, Johnny, his finance guy, a translator (they sent out notices in
English and Spanish and have gone door to door in the neighborhood immediately
surrounding the bar), the bars attorney and three neighbors from Zeyn Street.
We spoke about noise, parking, trash, security and what their plan is. No one was in
opposition to their proposed plan and thought that it sounded very reasonable.
I think that we can all agree that we don't live in Irvine and we are in support of
individuals maintaining responsible businesses who work in conjunction with the
community, which is what was demonstrated today and with the provisions outlined
in their permit will be insured to follow in the future.
If only all of the businesses showed such diligence as the Juke Joint and Ember to
work with us.
Meghan Shigo, ABR*
Realtor, 714-273-1381
www:MeohansHomes.com
"I know thknow the price of success: dedication, hard work, and an unremitting devotion to the things you want to see
happen."-Frank Lloyd Wright
----- Original Message ---- -
From:-Robert Renzo <placitol@yahoo.com> - - - --
To: MotherColony@yahoogroups.com
Sent: Saturday, August 23, 2008 2:50:54 PM
Subject: Re: [MotherColony] Fw: Juke Joint Meeting 1:00 pm Saturday
I wish I had received this a-mail sooner. I would have attended the meeting RECENT ACTIVITY
and voiced my objecdons to any increase in activity at the "Juke Joint". New Members 2
Granted the facility was the "Adriatic Inn" for many more than forty years. In '
New Photos 3
its day it was a very good restaurant and tavern. Most of the residents in the Visit Your Graup
area may nat remember all of the bars that lined North Anaheim Blvd. In the
early 8o's we spent years as the Central City Neighborhood Council working
on eliminating the bars and booze joints on the blvd. with the help of Bill
Taormina and the city. What we do not need is more hours, noise and cars. Yahoo! Finance
Unless you lived in the area you would not be aware of the traffic accidents, it's Now Personal
8/26/2008
Page 2 of 3
the shootings and knifings that happened on a regular (daily) basis. Also the Guides, news,
public disposal of bodily wastes; solid and liquid; sexual activity involving advice 8 more.
ladies and men of the night. Unfortunatley the noise and traffic on the blvd is
still quite horrific it is Featured Y! Groups
tooos of times better. I do not want to sound like an old faddy daddy (even and category pages.
though I am) but with the noise generated by Hope House and the church on There is sometFting
the corner and the loud spakers in the cars we seem to be reverting back for everyone.
to the early rg7os. '
John McEnroe
Bob Renzo on Yahoo! Groups
Join him for the
10 Day Challenge.
-- On Sat, 8/z3/o8, meghan shigo <meghanshigoCa7 yahoo.com> wrote:
From: meghan shigo <m~hanshigona yahoo.com>
Subject [MotherColony] Fw: Juke Joint Meeting t;oo pm Saturday
To: "mother colony" <mothercolonyna vahoogroups. corq>, "ANA"
<ana9z8o5(a~yahoQgro,_U 1~s.com>, "ANA_Board" <ANA Board@, a~grou
sP com>, "Palm District" <neighborswhocare(~ vahoogroups. com>,
designateddistrict4 na vattoo¢roupg. com
Cc: "Chris Henley" <henleyoinyahoo. com>, "Christie and Jimmy Romero'
<cnjromeroCa)aol. com>, "Lisa'Laradich" <IzaradichCa~email. com>, "Phill
Siegler" <phillsieglerCa~ yahoo.com>, "Ken and Kyoko Smith"
<ken kyoko(a~juno, co~>
Date: Saturday, August 23, 2008, 9:0o AM
Hello All,
The Juke Joints attorney called me late yesterday to ask me to post this info to
you re. the meeting that they are having there at rpm today. I will be
attending because they are asking for community support. I am not exactly
sure of what has spurred this issue and am curious to hear the concerns of the
neighbors. Hopefully there will be neighbors from Zeyn St. there to give us
more info.
1 do know that the Juke Joint used to be the Adriatic, so there has been a bar
there for 3o years or so. Is it the loud music? Parking? Maybe someone can
voice their concerns here so we can all have a prospective,
PS
There are attachments of the public notice which I cannot send through this
group (no attachments allowed because of virus possibilities) but I have asked
Keith to post..
Meghan Shigo, ABR*
Realtor, 714-273-1381
www:MeghansHomes„ com
8/26/2008
Page 3 of 3
"[ know the price of success: dedication, hard work, and an unremitting
devotion to the things you want to see happen."-Frank Lloyd Wright
----- Forwarded Message ---
From: "mikeayaz@rablake. com" <mikeayaz@rablake. com>
To: meghanshigo@ yahoo.com '
Sent: Friday, August 22, 2008 6n2:gr pM
Subject: Juke Joint Meeting r:oo pm Saturday
Ms. Shigo:
It was such a pleasure to speak with you this afternoon. It would he so
helpful if you could come to our meeting tomorrow, your support would go a
long way in assisting our client with retaining his venue. At the meeting
we will be discussing the project as well as some of the conditions of
approval. I have attached the notice and we would encourage all those who
support this project as well as those who have concerns so that we can
fully explain our business.
Again, It was an absolute please to speak with you and I look forward to
meeting you tomorrow. As a separate issue the actual public hearing is
schedule for September 3, 2008. This Saturday is our client's initiated
community meeting, in which we would like to show that the owners want to
take a responsible and pro active approach to running their business.
Mike Ayaz
Attorney at Law
7t4-37G-oxoocel] #t
9t4-6o2-oooz cell#2
914-667-'7x71 Office
[Non-text portions of this message have been removed]
[Non-text portions of this message have been removed]
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Messages I Elles I Pirates I rinks I Batattase I Polls I N]emhacs I ~alentla[
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8 /2 612 0 0 8
Page 1 of 1
David See
From: tiferreira@aol.com
Sent: Tuesday, August 26, 2008 11:27 AM
To: David See
Subject: Juke Joint
Dear Mr. See:
My name is Teresa Ferreira. I spoke with you on the phone on Monday, August 25, 2008. I live at 727
N. Zeyn St., behind the Juke Joint. I have lived here for 17 years and in this neighborhood for 44 yeazs.
There are approximately 30 kids under the age of 18 that live on our block.
I am against a Conditional Use Permit for this bar to have any more people or noise or live
entertainment. This bar is too close to our neighborhood on the 700 block of Zeyn St. to have live
entertainment and dancing until the wee hours of the morning.
The bar patrons leave the bar half-drunk, gunning and racing their engines, speeding down the small
alley behind the bar crashing into all the neighbors fences and speeding down otu• street late night. I,
personally, have had my car totaled in front of my house by a drunk driver and three yeazs later my truck
was hit by another drunk driver. My neighbors too have had their car totaled and their tree knocked
down and the drunk driver's car ended up on their front lawn.
When the patrons leave the bar they are hooting and howling and making revelry with no concern for the
families that live behind the bar. They talk so loud and shout at each other that I can hear the noise in
my bedroom late at night and it's hard to get to sleep. The music is loud and disconcerting coming out
from their doors disrupting my family evenings. If the patrons have to pazk away from the baz pazking
lot the noise is just extended further down the block.
When this bar fast opened years ago as the Adriatic Inn it was a local bar. There was no lpud noise
from patrons or music, people just came from the neighborhoods to get together for a drink and hang
out. I personally know men in the neighborhood and my own father who walked to the baz. It now has
evolved into a nightclub with too loud music and too many noisy people congregating azound it late at
night. The azea is too small a venue to have or continue having a nightclub with live entertainment.
I am not against people having dancing and live entertainment. It just needs to be in area where family
homes are not located and where children and families are trying to sleep at night.
_ __ _ _ _ _ _
Thank you for considering this letter.
TERESA FERREIRA
(714)772-2055
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8/26/2008