Resolution-PC 2008-21•
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RESOLUTION NO. PC2008-21
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2003-04667 AND
AMENDING RESOLUTION NO. PC2003-50,
AS PREVIOUSLY AMENDED (TRACKING NO. CUP2007-05289)
(3010 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
THAT EAST HALF OF THE NORTH 5.00 ACRES OF THE EAST
HALF OF THE NORTHEAST QUARTER OF THAT NORTHEAST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAPS
RECORDED IN BOOK 51, PAGE 121 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY OF CALIFORNIA.
EXCEPTING THEREFROM, THAT PORTION LYING EASTERLY OF
THE WESTERLY LINE OF PARCEL 2 OF DEED TO THE STATE OF
CALIFORNIA FILED AUGUST 27, 1951 AS DOCUMENT NO. 23960,
CERTIFICATE OF TITLE NO. 14610, ON FILE IN THE OFFICE OF THE
REGISTRAR OF LAND TITLES OF SAID COUNTY AND THE
NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM, THE LAND DESCRIED AS
PARCELS 1 AND 3 OF SAID DEED TO THE STATE OF CALIFORNIA.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS
PARCELS 100008-01 AND PARCEL 100008-3 IN DEED TO THE STATE
OF CALIFORNIA RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT
NO. 19970531752 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY.
WHEREAS, on March 24, 2003, the Anaheim City Planning Commission, by its
Resolution No. PC2003-50, granted Conditional Use Permit No. 2003-04667 to permit the retail
sales of beer and wine for on-premises consumption and an amusement arcade with up to sixteen
(16) amusement devices within an existing 4,800 square foot restaurant at 3010 West Lincoln
Avenue; and
WHEREAS, on May 30, 2007, the Anaheim City Planning Commission approved
an amendment to Conditional Use Permit No. 2003-04667 to permit and retain private
karaoke/banquet booths and did amend the conditions of approval, in their entirety, of Resolution
No. PC2003-50 adopted in conjunction therewith; and
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WHEREAS, this property is currently developed with a restaurant within a
commercial retail center and is zoned C-G (Commercial General); and the Anaheim General
Plan designates this property for General Commercial land uses; and
WHEREAS, the applicant has requested to amend the previously approved
Conditional Use Permit No. 2003-04667 to amend conditions of approval to modify hours of
operation pursuant to Anaheim Municipal Code 18.60.190.030; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 4, 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 hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said 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 amend conditions of approval to modify hours of
operation is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Section Nos. 18.60.190.030 (Amendment of Permit Approval) and 18.08.030.010
(Restaurants -General).
2. That the existing and continued use will not adversely affect the adjoining land
uses or the growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area or the health and safety in that
there is no new square footage proposed with this request.
4. That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area since the restaurant is
existing and the use has not generated a significant increase in traffic.
5. That the granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff
has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated, approve the amendment to Conditional Use
Permit No. 2003-04667 as described above.
BE IT FURTHER RESOLVED by the Planning Commission of the City of
Anaheim that the conditions of approval heretofore imposed on Conditional Use Permit No.
2003-04667, as set forth in City Planning Commission Resolution No. PC2003-50 be, and the
same are hereby, amended in their entirety, to read as follows:
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COA Conditions of A royal Monitorin
TIMING: PRIO R TO FINAL BUILDING AND ZONING INSPECTION
COA1 Trash storage area(s) shall be provided and maintained in Public Works,
location(s) acceptable to the Public Works Department, Streets Streets and
and Sanitation Division, and in accordance with approved Sanitation
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. Said information shall be
specifically shown on the plans submitted for Planning
Department and Public Works Department, Streets and
Sanitation Division, approval.
COA2 The subject karaoke rooms are to be constructed of a Planning
completely glass wall to the inside of the restaurant, so as to
have complete visibility into the rooms. They shall not be
covered with any type of privacy material, drape or tint. They
must be completely open to view at all times. Said condition
must be shown on plans submitted for Building Permits.
COA3 Doors into these karaoke rooms must not have a locking Planning
device and they shall be free swinging glass doors. Said
condition must be shown on plans submitted for Building
Permits.
TIMING: ONGOING D URING OPERATION
COA4 The property shall be permanently maintained in an orderly Planning
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.
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COAS The hours of operation shall be limited to the following: Planning
1. Sunday-Saturday from 11 a.m. to 1 a.m.
COA6 That trash shall not be emptied into outside trash containers Planning
between the hours of 10 p.m. to 7 a.m. daily.
TIMING: GEN ERAL CONDITIONS
COAT The property shall be permanently maintained in an orderly Planning
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.
COA8 The subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City
of Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 2,
and as conditioned herein.
COA9 That the sale of beer and wine for consumption off the Police
premises shall be prohibited.
COA10 This establishment shall be operated as a "bona fide public Police
eating place" as defined by Section 23038 of the California
Business and Professions Code; and that a menu shall be
provided containing an assortment of foods normally offered
in such a restaurant.
COA11 There shall be no bar or lounge area upon the licensed Police
premises maintained for the purpose of sale, service, or
consumption of alcoholic beverages directly to patrons for
consumption.
COA12 There shall be no pool tables or amusement devices Police
maintained upon the premises at any time unless the proper
permits have been obtained from the City of Anaheim.
COA13 The gross sale of alcoholic beverages shall not exceed forty Police
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
alcoholic beverages and other items. These records shall be
made available for inspection by any City of Anaheim official
when requested.
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COA14 There shall be no live entertainment, amplified music or Police
dancing permitted on the premises at any time unless the
proper permits have been obtained from the City of Anaheim.
COA15 There shall be no exterior advertising of any kind or type, Police
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
COA16 The activities occurring in conjunction with the operation of Police
this establishment shall not cause noise disturbance to
surrounding properties.
COA17 The subject beer and wine license shall not be exchanged fora Police
"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.
COA18 There shall be no admission fee, cover charge, nor minimum Police
purchase required.
COA19 The parking lot serving the premises shall be equipped with Police
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.
Said information shall be specifically shown on plans
submitted for Police Department, Community Services
Division, approval.
COA20 The business operator shall comply with Section 24200.5 of Police
the California Business and Profession 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.
COA21 At all times when entertainment or dancing is permitted, Police
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. Said
entertainment shall not be permitted unless the appropriate
permits have been obtained from the City of Anaheim.
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COA22 All doors serving subject restaurant shall conform to the Police
requirements of the Uniform Fire Code and shall be kept
closed at all times during operation of the premises except for
ingress/egress, to permit deliveries and in cases of emergency.
COA23 There shall be no public telephones on the property that are Planning
located outside the building and within the control of the
applicant.
COA24 Any and all security officers provided shall comply with all Police
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)
COA25 The proposal shall comply with all signing requirements of the
C-G (General Commercial) Zone unless a variance allowing
sign waivers is approved by the Planning Commission or City
Council.
COA26 Any Karaoke activity shall be limited to the area specified on Planning
the approved floor plan labeled Exhibit No. 2.
COA27 An on-site trash truck turn-around area shall be provided in Public Works,
accordance with Engineering Standard Detail No. 610, and Streets and
maintained to the satisfaction of the Public Works Department, Sanitation
Streets and Sanitation Division.
COA28 A plan sheet for solid waste storage and collection and a plan Public Works,
for recycling shall be submitted to the Public Works Streets and
Department, Streets and Sanitation Division, for review and Sanitation
approval.
COA29 The timing for compliance with conditions of approval maybe Planning
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.
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COA30 Extensions for further time to complete conditions of approval Planning
maybe granted in accordance with Section 18.60.170 of the
Anaheim Municipal.
COA31 Approval of this application constitutes approval of the Planning
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable
City, State and Federal regulations. Approval does not include
any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that, except as amended herein, Resolution No.
PC2003-50 shall remain in full force and effect.
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 FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 4, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to
appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal.
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CHA A ANAHEIM NNING COMMISSION
ATTEST:
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TARY, ANAHEIM PLANNING COMMISSION
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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 February 4, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KAR.AKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20`" day of
February, 2008.
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SENIOR ECRETARY, ANAHEIM PLANNING COMMISSION
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