Resolution-PC 96-114RESOLUTION NO. PC96-114
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3877 BE GflANTED
WHEREAS, the Anaheim Cfry Pianning Commission did receive a verifled Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State of
Califomfa, described as:
PAACEL A: PARCEL 5, AS SHOWN ON A MAP FILED IN BOOK 63, PAGE 5 OF
PARCEL MAPS, IN THE OFFfCE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Cfty Planning Commissfon did hold a publfc hearing at the Civic Center
In the Ciry of Anaheim on October 28, 1996 at 1:30 p.m., notice of safd public hearing having been duly
gNen as required by law and in accordance wlth the provislons of the Anaheim Mun4cipal Code, Chapter
78.03, to hear and consider evidence for and agafnst said proposed conditional use permit and to
investfgate and make f(ndings and recommendations in connect(on therewith; and
WHEREAS, said Commission, after due inspection, invesiigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports affered at said hearing, does find
and determine the following facts:
1. That the proposed use is propedy one for whlch a conditfonal use permlt is authorfzed by
Anaheim Munfcfpal Code Section 18.44.050.010 to permit on-premises sale and consumptfon of alcoholic
beverages in an existing 2,400 sq.ft. restaurant, which will be expanded to 4,884 square foot including
ouidoor seating, with waiver oF the foilowing:
Sectfons 18.05:091.020 - Permitted number of wall sfqns.
18.44:067 One wall sign permitted in the Scenic Corrfdor Zone Oveday;
and 18.84.062:040 two proposed)
1. That there are special circumstances applicable to the property consisting of the location
of the restaurant and the topography of the adjacent street, which do not apply to other identically zoned
properties in the vicinity, because normal vfsibility to the subject property is prevented;
2. That strict application of the Zoning Code deprives the property of prNileges enjoyed by
other properties under identical zaning classification in the v(dnity because other restaurants and other
retail uses located in corner units throughout the SceNc Corridor area have been granted a second wall
sign;
3. That the proposed use is properiy one for which a condftional use permit is auttioiized by
the Zoning Code in the CL(SC) Zone and, as conditioned, said use Is compatible with the suROUndfng
commercial and residential neighborhoods;
4. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the primary use of the restaurant
will be food service and that dinner dance activitfes, including the Iive entertainment (music), will be a
minor accessory use that will not be a detriment to the immediate neighborhood;
5. That the size and shape of the site for the proposed use is adequate to allow the fuil
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
CR2771 DM -1- PC96-114
6. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and hfghways designed and improved to carry the traffic in the area;
7. That the granting of the conditional use permit, under the conditlons imposed, will not be
detrimental to the peace, heatth, safety and general welfare of the citizens of the City of Anaheim;
e. That no one indicated their presence at sald public hearing in oppositfon; and that no
correspondence was received in opposition to the subJect petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permft on-premises sale and consumption of alcoholic
beverages in an existing 2,400 square foot restaurant, whfch will be expanded to 4,884 square foot,
including outdoor seating, with waiver of permitted number of wall signs on an irregularly-shaped parcel
consisting of approximately 7 acres located at the northeast comer of Anaheim Hills Road and Nohl Ranch
Road, having approximate frontages of 480 feet on the north side of Nohl Ranch Road and 580 feet on
the east side of Anaheim Mills Road, and further described as 470 South Anaheim Hills Road (Bella Cucfna
Italian Restaurant); and does hereby approve the Negative Declarailon upon finding that the declaretion
re8ects the independent judgement of the lead agency and that it has consfdered the NegatNe Declaration
together with any comments received during the public revfew process and further finding on the basis
of the initial study and any comments received that there is no substantial evfdence that the project wiil
have a sfgnfficant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commisslon does
hereby grant subJect Petition for Conditional Use Permit, upon the following co~ditions which are hereby
found to be a necessary prerequfsite to the proposed use of the subJect property in order to preserve the
safety and general weifare of the Citizens of the City of Anahelm:
1. That the establfshment shall be operated as a"bona flde public eating place" as defined by Section
23038 of the California Busfness and Professions Code and by Section 18.01.190 "Restaurant with on-
premises sale and consumption of alcoholic beverages" of the Anaheim Municipal Code.
2. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control a~d approved by the Ciry of Anaheim.
3. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closfng time, whichever occurs first, on each day of operation.
4. That there shall be no pool tables or cofn-operated games maintained upon the premises at any time.
5. That the gross sales of alcoholfc beverages shall not exceed forty percent (40~) of the gross sales
of all other retail sales during any three (3) month period. The applicant shall maintain records on
a quartedy basis specifying the separate amounts of sales of alcoholfc beverages and other items.
These records shall be made available, subject to audft and, when requested, Inspection by any Ciry
of Anahefm offlcial during reasonable business hours.
6. That there shall be no Iive entertainment, ampliffed music or dancing perm(tted on the premises at
any time without issuance of proper permits as required by the Anaheim Municipal Code.
7. That the sale of alcohoiic beverages for consumption off the premises shall be prohibited.
8. That there shail be no exterfor advertis(ng of any kind or type, including advertfsing dfrected to the
exterior from Inside the building, promoting or indicating the availabflfty of alcoholic beverages, with
the exception of one (1) sign indfcating "cocktails."
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9. That the actNitles occurzing in conjunction with the operation ot this establishment shall not cause
noise disturbance to surrounding properties.
10. That sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 11 a.m. to midn(ght, Sunday through Thursday, and between the hours of 11 a.m. to 2 a.m.,
Fr(day and Saturday.
11. That the parking lot serving the premises shall be equipped with lightfng of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said Iightfng shall be dfrected, positioned and shleided in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
12. That the business operator sha~l comply with Section 24200.5 of the Business and Professlons Code
and shall not to employ or permit any persons to solicit or encourage others, directly or indirectly,
to buy them drfnks in the Iicensed prem(ses under any commissfon, percentage, salary, or other
profit-sharfng plan, scheme or conspiracy.
13. That all doors serving subject restaurant shall immediately conform to the requirements of the Uniform
Fire Code and shail be kept closed and unlocked at all times dudng hours of operatlon except for
ingress/egress, to permit deliveries and in cases of emergency.
14. That there shall be no coin-operated telephones on the properry that are located outside the buildfng
and within the control of the applicant.
15. That the portion of this conditional use permit regarding the sales of alcohol shall expire one (1) year
from the date of approval of thfs resolutio~ unless a valid license has been issued by the California
Department of Alcoholic Beverage Control.
16. That the ouidoor dining area shall be completely enclosed by fencing or such other permanent
structure as approved by the City, at least thirty six (36) inches in height, Into whlch entry Is only
possible from the interior of the buslness. Emergency exits required by the Uniform Fire Code shall
be mafntalned, but shall not be utilized by patrons/employees other than in an emergency.
17. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
18. That the owner of subJect property shall submit a letter requesting termination of Conditional Use
Permit No. 3503 (to permit on-premises sale and consumption of beer and wine in a proposed
restaurant), Conditional Use Permit No. 3601 (to permft on-premises sale and consumption of beer
and wine in subject restaurant which was befng expanded) and Conditfonal Use Permit No. 3525 (to
permit on-premises sale and consumptfon of beer and wine in an existing restaurant) to the Zoning
Divislon.
19. That in the event a dance floor is provided for subject facility, the locatfon of said dance floor shall
be shown on a plan to be reviewed by the Planning Commission as a°Reports and
Recommendailons" ftem.
20. That the outdoor dining area located on the south side of the building shall not be utilized after 10:00
p:m. In order to reduce noise to the adJacent residences.
21. That no ampl'rfied music or pubifc address system shall be fnstalled or utilized outside subJect
restaurant.
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22. 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 F~chibit Nos. 1 through 5.
23. That prior to issuance of a build(ng permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition No. 17 and 18, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be grented in accordance with Sectfon
78.03.090 of the Anahefm MuNcipal Code.
24. That prior to final building and zoning inspections, Condition Nos. 11, 13, 16 and 22,
above-mentioned, shall be complied with.
25. That approval of this applicatfon constitutes approval of the proposed request only to the extent that
it compiies with the Anaheim Municipai Zoning Code and any other applicable City, State and Federai
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 the Anaheim City 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 conditlons herelnabove set forth. Should any such conditlon, 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commissfon meeting of
October 28, 7996.
~~ ~ ~,~22~r~=U`/
CHAIRMAN PRO TEMPORE,
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
Q/d(~..1 ~1U1/Ll.(f
SECREfARY, A AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meetiog of the Anaheim City Planning
Commission held on October 28, 1996, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, HENNINGER, MAYER, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, MESSE
IN WITNESS WHEREOF, I have hereunto set my hand this 2S~' day of Q11Unr~ ,
1996.
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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