Resolution-PC 96-31~ ~
RESOLUTION NO. PC96~1
A RESOLUTION OF 'THE ANA'rIEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIOiVAL USE PERMIT NO. 3323 BE GRANTED
WHEREAS, the Anaheim C'ity Planning Commission did receive a veriFled Petftion for
CondRional Use Permit for certafn reai property sftuated in the Ciry of Anaheim, County of Orange, State
of Catffomia, described as:
PARCEL 2 OF PARCEL MAP NO. 79-259, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STAT~ OF CALIFORNIA, AS PER MAP FILEO IN BOOK 150,
PAGES 18 AND 19 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the Ciry Planning Comm(ssion did hold a public hearing at the Civic Center
in the Ciry of Anaheim on March 4, 1996 at 1:30 p.m., notice of safd public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipai Code, Chapter 18.03,
to hear and consider evidence for and against said ~roposed condftionai use pe~rnit arxi to investigate and
make findir.gs and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by ftself
and in fts beha~f, and after due consideration of all evidence and reports offered at said hearing, does 8nd
and determine t;~e following facts:
1. That the proposed use ts property one for ~.vhich 2 condftfonal use pemift is
authorized by Anaheim Municipal Code Secilon 18.44.050.010 to permR a sports bar wfth on-premises sale
and consumptlon of beer and wine and with waiver of the fdlowing:
Sections 18.06.050.0211 - Minimum number of oarkina soaces.
18.06.050.022 (143 soaces requ(red; 119 spaces existing and approved by the
1~.06.050.0235 City Traffic and Transport2tion Manager)
18.06.080
~nd 18.44.066.050
2. That the park(ng waiver, under the condftions imposed, will not cause fewer off-
street parking spaces to be provided for the combined uses on subJect property than the number of such
spaces necessary to accommodate all vehfGes attributable to such uses under the nom~al and reasonabiy
foreseeable conditions of operatio~ of such uses because the proposed conditional use will require 29
parking stalls, which is not peak use for subject property;
3. That the parking waiver, under the conditlons imposed, wiil not increase the
demand and competftion for parking spaces upon the publ(c streets in the immediate vicinity of the
proposed use because the peak-hour operation af this use is between 7:W p.m. to 11:00 p.m. when most
of the othe~• businesses in the shopping center are closed or off-peak;
4. 7hat the parking waiver, under the conditions imposed, wGl not increase the
demand and competiltEon for parking spaces upon adJacent priv~.te property In the Immediate vicinity of
the proposed use (which property is not expressly provided as parking for such use under an agreement
in compUance with Section 18.06.010.020 of this Code);
CR2678DM.YVP -1- PC9631
~ ~
5. That the parking waiver, under the conditions imposed, wiil not increa~e traffic
congestion, noise, air potlution, or traffic circulation conflicts, within the off-straet parking areas or lots
provided for such use;
6. That the parking waNer, vnder the condftions imposed, will not increase trafflc
con~estion, noise, air pcJiution, or impede vehicular fngress to or egress from adJacent properties, upon
the public streets ir. the immediate vic!nity of the combined uses, including the proposed use, on subJect
P~oPQ1'h~~
7, That tne proposed use is properly ane for which a condft(onal use permft is
authorized by the Zonir.g Code;
g, That the proposed use will not adversely affect the adJolning Iand uses and the
growth and development of the area in which ft is proposed to be located;
g. That the size and sf ape of the site for the proposed use is adeauate to silow the
full development of the proposed use in a rreanner not detrimental to the particular area nor to the peace,
health, safety, and general weifara;
10. That the traffic generated b~ the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area;
1 ~, That the granting of th~ condftional use permft, under the conditions Imposed, wfll
not be detrimental to the peace, health, safety and general weifaro of the cft{zens of the Ciry of Anaheim;
and
12, That no one indicated their presence at safd public hearing in opposftion; and that
no conesponde~ce was receNed In opposftion to tha subJect petition.
c`ALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a sports bar wfth on-premises sale and
consumptfon of beer and wine and with waiver o~ minimum number of parking spacea on an irregularly-
shaped parcel of Iand consist(n~ of approximately 1.9 acres tocated at the northwest comer of
Orangethorpe Avenue and Imperial Hfghway, having frorrtages of approximately 304 feet on the north side
of Orangethorpe Avenuo and 24a feet on the west side of Imperial Highway, havtng a maximum depth of
approximately 304 feet and further described as 5693 Eask Orangethorpe Avenue; and does hereby
approve the NegatNe Declaration upon flnd(ng that the declaration reflects the independent judgemeM of
the lead agency and that ft has considered the Negatfve Dedaration to~ether wkh any commeMs received
during the pubiic review process and further ftnding on the basfs of the initial study and any comments
receNed that there is no substantial evidenr,~ that the project will have a signfficant effect on the
environmenL
NOW, TH~REFORE, BE IT RESOLVED that the Anaheim Ctty Planning
Commission does hereby grant subJect Petition for Conde lonalS~ seo the ~ro P sed u~of ihe subJect
condN~ons which are hereby found to be a necessary p eq P Pa
properry in order to preserve the safety and generai welfa-s of the Ciiizens of the City of Anaheim:
1. That the owner of subject propercy shall submft a letter to the Zoning Division requesting
termination of Condftienal lse Permft No. 2313 (to pertnft on-sale beer and w~ne in a proposed
restaurant).
.2. Pc~s-a~
~ ~
2. That the granting of the pa~tCi~9 waiver is contingerrt upon operaUon of the underlying use in
conformance with the assumptions relating to the operation and tntensity of use as contafned
in the parking demand study that formed th~ basis for approval of said vvaiver. Exceeding,
vidating, intensffying or otherwise deviaiing from any oF said assumptions, as contafned in th.9
parking demand study, shal~ be deemed a vfdation of the e~ressed condiGons imposed upan
pro ons of Sect ons 18 0~3.t091 and~18.03.092 of the Anahem Munilcipal Code. to the
3, That no adveKis(ng of beer or wine shall bo tocated, ~laced or attached to any location outstde
the irrteriar of the building and any such advertising shall not be visible to anyone outside the
building.
q, That the sale of alcohoUc beverages for consumption off the premises shall be prohibfted.
5, That there shall be no Ifve entertainment, ampiKied mm'u~ a~~rdaui°~~"9tiY he Anahelm Muni palg
at any time without prior issuance of the proper pe e4
Code.
g, That the actNfttes taking place In conjunction wfth the operation of this establishmeM shall not
cause noise disturbance to suROUnding properties.
7. That all doors serv'.ng subject establlshmerrt shall comply wfth the requlremeMS of the Unfform
Flre Code and shal! be kept closed and unlocked at all tirrtes during hours of operatlon except
for ingress/egress, delNeries and in cases of emergency.
g. That a uniformed security 9uard shal~ be P~o~k1e~~ `^ihen and as required by the Anaheim
Police Departmerst, to deter uniawFul conduct on the pan of emptoyees or patrons, and to
promote the safe and orderly assembly and movement of persons ao g e te~ing o~r leav ng the
disturbance to the neighborh~ ~~ ~trd the business and he parking lot.
premises. Said securfcy 9 Pa
g, That the parking lot serving the premises shall be equipped wich IigMing of sufficient power to
illuminate and make easily discemible the appearence and conduct of all persons on or about
the parking lot. Sakl IfgMing shall be directed, posftfoned and shielded In such a manr~er so
as not to unreasonably l0uminate the windows oF nearby residences.
~p, That there shatl be no Pod tables or coin-operated 9ames mafntained wfthin subject
estabiishment wfthout the prtor issuance of proper permits as required by the Anahelm
Municipal Code.
~~, That the business operator shall compiy with Sect(on 24200.5 oF the Business and Professtons
Code and shall not empioy nor permft any persons to solicit or encourage others, directly or
IndirecUy, to tuy them d~inks in tha Ilcensed premises under any commission, percentage,
salary, or other profit-sharing plan, scheme or consP~~~Y•
12. That there shall be no coin-operated telenhones on the ProPer'hi outside the buUding and under
the contrd of the applicarrt.
13, That prior to the commencement of the acth"'/ e~f ~~ dateiof thisrt~esolut~on,~whchever
issuance of a build(ng peRnft, or wfthin one (7) y
occurs Rrst, Condftion No. 1 above-mentioned, shall be complied with•
~ PCec-a~
~ ~
14. That subject properry shall be developed substantialiy in accordance with plans and
specfficaitons submrited to the City of Anahefai by the petftfoner and which plans are on f(le
with the Planning DepaKrr~ent marked Exhibit Nos. 1 through 3.
15. That p~for to the commencemerrt of the actNfry authorized by this resolution or prior to flnai
bttilding and zontng inspections, whichever occurs flrst, Condftion Nos. 9 and 14 above-
menttoned, shall be complied with. Extensions for further time to complete satd condftfons
may be graMed tn accordance wfth Section 18.03.090 of the Anahetm Municipal Code.
16. That subJect use permit shafl be permitted for a period of two (2) years from the date of this
resdution, and shall expire on March 4, 1998.
17. That appr~val of thls application constitutes approval of the proposed request oniy to the
extent that it complies with the Anaheim Mun(cfpal `Loning Code and any other appiicable City,
State and Federal regulations. Approval does not indude any action or findings as to
compliance or appr~val of the request regarding any other applicable ordinnnce, regulation or
requirement.
BE IT FURTHER RESOLVED that the Anahe(m Ciry Planning Gommisston does
hereby flnd and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions herainabove set forth. Should any such cordition, or
any part thereof, be declared invalid or unenforceable by the flnal Judgment of any court of compc~tent
jurisdict(on, then this Resolution, and any app~:.rals herein contained, shall be deemed null and void.
THE FORE~OING RESOLUTION was adopted at the Plannfng Commissfon meeting of
March 4, 199fi. .
~ ~ , ~'~'~
C A WOMAN ANAHEIM CITY P NING CUMMISSION
ATrEST:
~ c1 -~2~'-~'
SECRETARY ARAE•iEIM CI PLANNING COMMISSION
STATE OF CALJFORNIA )
COUNTY OF ORANGE ) ss.
CIN OF ANAHEIM )
I, Margarita Solorio, Secretary of ttie Anaheim City Planning Commission, do hereby
certiry that the foregoing resolution was passed and adoptsd at a meeting of the Anaheim City
Plan~ing Commissfon held on March 4, 1996, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK BOYDSl'UN, BRISTOL, HENNINGER~ MAYER, MESSE, PERA71~
NOES: COMMI5SIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHERECIF, I have hereunto set my hand this ~ day of ~.
1996.
S
SFCRETA Y, r1HEIM CITY PLANNING COMMISSION
~ PC96-31