Resolution-PC 2004-8~
RESOLUTION NO. PC2004-8
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC73-103, AS AMENDED BY RESOLUTION NO. PC2003-43,
ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 1397
WHEREAS, on May 14, 1973, the Anaheim City Planning Commission did, by its Resolution
No. PC73-103, grant Conditional Use Permit No. 1397 to establish on-sale beer and wine in a proposed
restaurant at 2954 West Ball Road; and
WHEREAS, on March 10, 2003, the Planning Commission did, by its Resolution No. PC2003-
43, amend the aforementioned Resolution No. PC73-103 to allow public entertainment and a service bar in
conjunction with a restaurant having on-premises sale and consumption of beer; and that Condition No. 24
of said resolution specifies that the daily hours of operation shall be limited to 11 a.m. to midnight; and
WHEREAS, the property is developed with a commercial retail center including subject
restaurant (Arroyo Grande Restaurant); that the zoning is CL (Commercial, Limited); that the Anaheim
General Plan land use designation is General Commercial; and that the property is located in the West
Anaheim Commercial Corridors Redevelopment Project Area; and
WHEREAS, the applicant has requested an amendment to this conditional use permit to
permit on-premises sale and consumption of liquor (instead of beer and wine only) in the existing restaurant
and to amend the conditions of approval pertaining to the hours of operation to extend the hours on
Thursday thro~gh Sunday to 11 a.m. to 1:30 a~m.; ~ and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on January 26, 2004, at 3:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence
for and against said proposed amendment and to investigate and make findings and recommendations in
connection therewith; and that the hearing was continued from the January 12, 2004 meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts:
1. That the use, as proposed to be amended, is properly one for which a conditional use permit is
authorized by the Zoning Code.
2. That the use, as amended, will not, under the conditions imposed, adversely affect the
adjoining land uses and the growth and development of the area in which it is tocated.
3. That the request to extend the hours of operation on Thursday through Sunday from 11:00
a.m. to midnight, to 11:00 a.m. to 1:30 a.m. is hereby denied on the basis that the Anaheim Police
Department indicates a significant above-average crime rate (i.e., 75% above the City average) for the
underlying Reporting District; that the Police Department has received 12 cafls for service to this property;
and that the combination of on-premises sale of alcoholic beverages, the existing high crime rate, plus the
proposed increased hours of operation would be detrimental to the peace, health, safety, and general
welfare of the citizens of the City of Anaheim due to this location's proximity to a residential neighborhood to
the south.
Tracking No. CUP2003-04807
CR\PC2004-008.doc -1- PC2004-8
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4. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
5. That the traffic generated by the use, as amended, will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That the amended use, including the imposition of additional conditions, is reasonably
necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable
operation under the conditional use permit as originally granted.
7. That no one indicated their presence at the public hearing in opposition to the proposal, and no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities), as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Conditional Use Permit No. 1397 to approve the upgraded alcoholic beverage license to
permit the on-premises sale and consumption of liquor (instead of beer and wine only) in the existing
restaurant for one (1) year to expire January 26, 2005, but that the Planning Commission denied the request
to extend the hours of operation; and
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their
entirety, the conditions of approval in Resolution No. PC73-103, adopted in connection with Conditional Use
Permit No. 1397 and amended by Resolution No. PC2003-43, to read as follows:
That the landscape planters shall be permanently maintained with live and healthy plants.
2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
3. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be kept
closed at all times during operation of the premises except for ingress/egress, deliveries and
emergencies.
5. That all existing and proposed roof-mounted equipment shall be completely screened from view in all
directions by properly maintained design elements of the building.
6. That this establishment shall be operated as a"bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
7. That food service with a full meal shall be available from opening time until closing time, on each day of
operation.
8. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at
any time.
That subject alcoholic beverage license shall not be exchanged for a`public premises' (bar) type license
nor shall the establishment be operated as a`public premises' as defined in Section 23039 of the
California Business and Professions Code.
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10. That the gross sale of alcoholic beverages shall not exceed forty percent (40%) of the gross sales of all
retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of aicoholic beverages and other items. These records shall be
made available for inspection by any City of Anaheim official during reasonable business hours.
11. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any
time without issuance of the proper permits as required by the Anaheim Municipal Code.
12. That the sale of alcoholic beverages for off-premises consumption shall be prohibited.
13. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior
of the building from within, promoting or indicating the availability of alcoholic beverages.
14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
15. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the parking
lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably
illuminate the windows of nearby residences.
16. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so
as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them
drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan,
scheme or conspiracy.
17. That no public telephones on the premises shall be located outside the building.
18. That signage shall be limited to the existing and approved signs; and that temporary signs and other
advertising devices shall not be permitted except when approved by the Planning Department in
connection with a Special Event Permit.
19. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas, by illustration, text or any other means of visual communication.
20. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours
from time of occurrence.
21. That four (4) foot high address numbers shall be displayed on the flat area of the roof of the building in a
contrasting color to the roof material, provided that the numbers shall not be visible to the adjacent streets
or properties.
22. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance with approved plans on file with said
Department. Said storage area(s) shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from
graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on
maximum three (3) foot centers or tall shrubbery.
23. That at all times when entertainment or dancing is permitted, security measures shall be provided to the
satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or
patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to
prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the
premises.
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24. That the hours of operation shall be limited to 11 a.m. to midnight, daily.
25. That the use of all pyrotechnical material, special effects and/or fireworks shall be permitted only if
approved by the Anaheim Fire Department prior to their use.
26. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Revision No. 1 of Exhibit No. 1 and Revision No. 2 of Exhibit No. 2, and as
conditioned herein.
27. That no admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed
upon patrons as a condition of entry to the premises.
28. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
29. That the upgraded alcoholic beverage (i.e., liquor) license shall expire in one (1) year on January 26,
2005.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 26, 2004.
i~ / a.n-v, o~ ~~°airuXPl/i'/%A~l ~~ ,~.,.~ , ~ i-r r1~
ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
'ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 26, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
2004.
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ENIOR S~RETARY, ANAHEIM CITY PLANNING COMMISSION
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