Resolution-PC 2008-44RESOLUTION NO. PC2008-44
A RESOLUTION OF THE ANAHEIM PLANNING CONIMISSION
APPROVING A CATEGORICAL EXEMPTION, CLASS 1(EXISTING
FACILITIES) AND CONDITIONAL US~ PERMIT NO. 2008-05302
(2500 WEST LINCOLN AVENUE)
WHEREAS, on April 12, 1976, the Anaheim Planning Commission adopted
Resolution No. PC76-71 in connection with Conditional Use Permit No. 1609 to permit on-
premises consumption of beer and wine in a restaurant at an existing retail center located at 2500
West Lincoln Avenue; and
WHEREAS, on April 11, 1977, the Anaheim Planning Commission adopted
Resolution No. PC77-90 in connection with Conditional Use Pemut No. 1701 to permit a
cocktail lounge with dancing with waiver of minimum kitchen azea and number of pazking
spaces in a restaurant at an existing retail center located at 2500 West Lincoln Avenue; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit to permit an entertainment cover chazge (public entertainment) for an
existing restaurant, for certain real property situated in the City of Anaheim, CounTy of Orange,
State of California, shown on E~chibit A, attached hereto and incorporated herein by this
reference.
WHEREAS, this property is currently developed with a multiple tenant retai]
center within the Commercial General zone and the Anaheim General Plan designates this
property for Conidor Residential land uses; and
WIIEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on Mazch 31, 2008, at 230 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
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, 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 prepaze additional environmental
documentation.
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
heariag, does find and determine the following facts:
1. That the proposed restaurant with an entertainment cover charge is properly one
for which a conditional use permit is authorized by Anaheim Municipal Code Section
18.08.030.040.0402 (Recreation-Commercial indoor); and
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2. That the proposed use would not adversely affect the adjoining land uses and the
growth and development of the azea in which it is located because the operation would be
contained within the existing building and would not adversely affected surrounding areas; and
3. That the traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in tl~e azea, because adequate
pazking is provided on-site for the intended use and the proposed use would not increase the
intensity of the existing restaurant; and
4. That granting this conditional use permit, subject to the conditions imposed, will
not be detrimental to the health and safety of the citizens of the City of Anaheim; and
5. That no one indicated their presence at said public heazing in opposition; and that
no correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which aze hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health and safety of the Citizens of the City of Anaheim:
' Responsible
for
No.
Conditions of Approval Monitoring
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1 That subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim by the
applicant and which plans aze on file with the Planning Department
marked Exhibits No. 1- 4 and as conditioned herein.
2 That any and all signs used for advertising subject business and Planning
entertainment performance(s) shall conform to the City sign ordinance
and requirements.
3 The permitted event or activity shall not create noise or sound levels which Police/Code
could potendally violate an ordinance of the City of Anaheim. (Section Enforcement
4.16100.010 Anaheim Municipal Code).
4 The applicant shall obtain a public dance hall permit pursuant to Business
requirements and regulations of Chapter 4.16 and 4.18 Anaheim License
Municipal Code.
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Responsible
No for
Conditions of Approval Monitoring
5 At all tnnes that dancing is being pernutted, security measwes provided Police
shall be adequate to deter unlawful conduct on the part of employees or
patrons, or to promote the safe and orderly assembly and movement of
persons and vehicles, or to prevent disturbance of the neighborhood by
excessive noise created by patrons entering or leaving the premises.
(Section 4.16.070 Anahenn Municipal Code).
6 Any and all security officers provided shall comply with all State and Local Police
ordinances regulating their services, including, without limitation, Chapter
11.5 of Division 3 of the Califomia Business and Profession Code. (Section
4.16.070 Anaheim Municipal Code)
7 The operation ofany business under this permit, shall not be in violation of Code
any provision of the Anaheim Municipal Code, State or County ordinance. Enforcement
(Section 4.16.100.010 Anaheim Municipal Code)
8 The sale of alcoholic beverages for consumption off the premises shall be Police
prohibited.
9 The number of persons attending the event shall not exceed the maacimum Fire
occupancy load as detemuned by the Anaheim Fire Department. Signs Department
indicating the occupant load shall be posted in a conspicuous place on an
approved sign neaz the main exit from the room (Section 25114(a) Uniform
Fire Code)
10 The doors shall remain closed at all tunes that entertainment is pemutted, Code
except during times of enh-y or exit, emergencies and deliveries. (Section Enforcement
4.18.110 Anaheim Municipal Gode)
1 I The business shall not be operated in such a way as to be detrimental to the Code
public health, safety or welfaze. (Section 4.16.100A10 Anaheim Municipal Enforcement
Code)
12 All employees shall be clothed in such a way as to not expose "specified Police
anatomical areas" as described in Section 7.16.060 of the Anaheim
Municipal Code.
13 No minor under the age of si~cteen (16) yeazs shall be allowed to attend the Police
dance, unless accompanied by a pazent or legal guazdian. (Section
4.16.060:010 Anaheim Municipal Code).
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Responsible
No. for
Conditions of Approval Monitoring
14 The business shall not employ or permit any persons to solicit or encourage Police
others, direcfly or md'uectly, to buy them drinks in the licensed premises
under any commission, percentage, salary, or other profit-sharing plan,
scheme or conspuacy. (Section 24200.5 Alcoholic Beverage Control Act).
15 The business shall be maintained as a legitimate restaurant as defined in Police
Section 18.01.190 Anaheim Municipal Code, and contains an area designed
and utilized for food prepazation which constitutes not less than twenty-five
percent (25%) of the gross floor area of the establishment. (Section
416.050.030 Anahenn Municipal Code).
16 The floor space provided for dancing shall be free of any fumiture or Police
partifions and maintained in a smooth and safe condition. (Secfion
4.16.050.010 Anaheim Municipal Code).
17 Any violation of the application, or any attached conditions, shall be Planning
sufficient grounds to revoke the permit. (Section 4.16.100.010 Anahenn
Municipal Code).
18 There shall be no amusement machines, video game devices, or pool Police
tables maintained upon the premises without issuance of proper permits as
required by the Anaheim Municipal Code.
19 No alcoholic beverages shall be consumed on any property adjacent to the Police
licensed premises under the control of the licensee(s).
20 Petitioner(s) shall police the area under their control in an efFort to prevent Police/Code
the loitering of persons about the premises.
21 Petitioner shall not shaze any profits, or pay any percentage or Police
commission to a promoter or any other person, based upon monies
collected as a door chazge, cover charge, or any other form of admission
chazge, including minimum drink orders, or the sale of drinks.
22 That approval of this application constitutes approval of the proposed Planning
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.
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Responsible
No. for
Conditions of Approval Monitoring
23 This permit is approved without limitations on the hours of operation or Planning
the duration of the use. Amendments, modifications and revocations of
tlus permit may be processed in accordance with Chapters 18.60.190
(Amendment of 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 deternune that adoption of this Resolution is expressly predicated upon
applicanYs compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
chazges related to the processing of this discretipnary 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 Mazch 31, 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 may be replaced by a City Council Resolution in the event of an appeal.
1~
CHAIRMAN P~O-TE~I,PORE, ANAH~INrRLANNING COMMISSION
ATTEST:
SECRETARY, ANAIIEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretazy 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 Mazch 31, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WIIEREOF, I have hereunto set my hand this ~rO~ day of
(,~ °~, 2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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Conditional Use Permit No. 2008-05302
2500 West Lincoln Avenue
Source: Recorded Tract Maps and/or CHy GIS.
Please nole ihe accuracy is +/- ty,~o lo five feet.
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