Resolution-PC 98-195RESOLUTION NO. PC98-195
A RESOLUTION OF THE ANAHEIM CITY PLANNING CGMMISSION
AMENDING RESOLUTION NO. 90R-352,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3304
WHEREAS, on July 30,1990, the City Council adopted Resalution No. 90R-352 to grant
Conditionai Use Permit No. 3304 and permit a 121,499 sq.ft., 47-unit commercial retail center including a
1,000 sq.ft. service station and convenience market, a 8,000 sq.ft. semi-enclosed restaurant with on-sale
alcoholic beverages, a 45,OU0 sq,ft. market, a 7,800 sq.ft. drug store and a 4,524 sq.ft. bank, with waivers
of minimum structural and landscaped setback from a scenic highway, commercial entry signs, minimum
number of parking spaces, required wall height adjacent to Canyon Creek Road and prohibited roof-
mounted equipment on property located at the southwest corner of Serrano Avenue and Weir Canyon
Road; and
WHEREAS, this property is developed with 2 commercial retail shopping center in
Development Area 2 of Specific Plan No. 88-1 (Sycamore Canyon Specific I~lan) which is subject to the
CL (Commercial, Limited) Zone development standards; and that the Anaheim General Plan designates
the property for General Commercial land uses; and
WHEREAS, the petitioner has requested that this conditional use permit be amended to
permit and retain a 416 sq.ft. outdoor dining area in conjunction wiih an existing 2,600 sq.ft. restaurant
with sales of beer and wine for o~-premises consumption; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 7, 1998 at 1:30 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
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith.
WHEREAS, said Commission, after due (nspection, investigation and study made by
itseif 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 use is properly one for which a conditional use permit fs authorized by
Anaheim Municipal Code Sections 18.44.050.300, 18.71.060.060 and 18.84.061 to permit and retain a
416 sq.ft. outdoor dining area in conjunction with an existing 2,600 sq,ft, restaurant wiih sales of beer and
wine far on-premises consumption.
2. That this petitian was inadvertently advertised for the sale of alcoholic beverages instead
of beer and wine.
3. 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.
4. That the size and shape of the site for the proposed use is adequate to allow the 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 proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area.
6. That amending this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
CR3497PK.DOC -1- PC98-195
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition. -
CALIFORNIA ENVIRONMENTAL QUALITY ACT FIN~ING: That the Anaheim City
Planning Commission has reviewad the proposal to amend this petition to perrrit and retain a 496 sq.ft.
outdoor dining area in conjunction with an existing 2,600 ~q.ft. resta~rant with sales of beer and wine for
on-premises consumption on an irregularly-shaped, 11.9-acre property located at the southwest comer oi
Weir Canyon Road and Serrano Avenue, having frontages of 700 feet on ths southwest side ef Weir
Canyon Road and 324 feet on the west side of Serrano Avenue, and furth~r described as 731 South Weir
Canyon Road (First Class Pizza); and does hereby find that the previously-approved NegativP
Declaretion is adequate to serve as the environmental documentation for this proposal.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. 90R-352, adopted in connection with Canditionai Use Permit No.
3304, to permit and retain a 416 sq.k. outdoor dining area in conjunction with an existing 2,600 sq.ft.
restaurant with sales of beer and wine tor on-premises consumption under authority of Anaheim Municipal
Code Sections 18.44.050.300, 18.71.060,~60 and 18.84.061; and
BE IT FURTHER RESOWED that Condilion No. 33 be amended to read:
33. 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 Nos. 1, and Exhib3t
Nos. 2 through 10; provided, however, that (a) a minimum sevenry two (72) foot
structural setback shall be maintained along Weir Canyon Road and (b) the loading dock
area shall be enciosed by a block wall, of an appropriate height to screen it from the
adjacent residential condominiums.
BE IT FURTHER RESOLVED thaS the following new conditions be added:
37. That subject restaurant shal! continuousiy ~~dhere to the followiny conditions:
a. 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.
b. That there shall be no bar or lounge maintained on the property ur.!sss licensed by
Alcoholic Beverage Control and approued by the City af Anaheim.
c. That food service with a full meal shall be available from opening lime until either
10:00 p.m. or closing time, whichever occurs first, on each day of operation.
d. That there shall be no pooi tables maintained upon the premises at any time.
e. That subject beer and wine Iicense 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 Caiifornfa Business and Professions Code.
f. That the sales of beer and w(ne shall not exceed forty percent (40%) of the gross
sales of all retail sales during any three (3) month period. The appi(canl shall
maintain records on a quart~rly basis indicating the separate amounts of sales of
beer and wine and other items. These records shall be made available, subJect to
audit and, when requested inspection by any City of Anaheim o~cial during
reasonable business hours.
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g. That there shali be no live entertafnment, ampiified music or dancing pertnitted on the
premises at any time without issuance of proper permits as required by the Maheim
Munlcipal Code.
h. That the sale of beer and wine for consumption off the premises shall be prohibited.
i. That there shall be no exterior advertising of an;~ Rind or type, fncluding advertising
directed to the exterior from within, promoting or indicatinQ the availabiiih~ of beer and
wine. Specifically, no umbrellas shail be permitted to display alcoholic beverage
sales of any kind.
j. That the activilies occurring in conjunction with the operation of this establishment
shall not cause noise disturbance to surrounding properties.
k. That sales, service and consumption of beer and wine shall be permitted only
betwe~n the hours of 11:30 a.m. and 9:00 p.m. Mondays through Saturdays, and
between the hours of 4:00 p.m. 2nd 9:00 p.m. on Sundays.
I. That the parking lot serving the premises shall bs equipped with lighting of sufficfent
power to illuminate and make easily dis :emible the appearance ana conduct of ali
persons on or about the parking lot. Said lighting shall be directed, positioned and
shieided in such a manner so as not to unreasonably illuminate tho windows of
nearby residences.
m. That the business operator shall compiy with Section 24200.5 of the Business and
Professions Gode so as not to employ or permit any persons to solicit or encouraye
others, direct'y or indirectly, to buy them drinks in the licensed premises under any
commission, parcei~tage, salary, or other profit-sharing ptan, scheme cr conspiracy.
o. That all doors serving subject restaurant shail conform to the requfrements of the
Uniform Fire Code and shall be kept closed and unlocked at all times during hours of
operation except for (ngress/egress, to permit deliveries and in cases of emergency.
p. That there shall be no public telephones on the property that are located outside the
building and within the control of the applicant.
q. That the outdoor dining area shall be completely enclosed by fencing or other such
permanent structure as approved by the City, at least forty (40) inches in height, fnto
which entry is only possible from the interior of lhe restaurant. Emergency exits
required by the Uniform Fire Code shall be maintained, but not utilfzed by
patrons/employees other than in an emergency.
38. That the vacant outdoor dining area located at the northwest corner of the comm~ rcial
shopping center shall be removed and replaced with landscapfng. A landscape and
irrigation plan for subject area shall bo submittad to the Zoning Division for review and
approval. Any decision made by the Zonfng Division regarding said plan may be
appealed te the Planning Commiscion and/or City Council.
39. That the existing stucco wali surrounding lhe outdoor dining area shall be planied with
rapid growing clinging vines on maximum three (3) foot centers to deter gra~ti
opportunities and that the lwo (2) water uti~ity devices located wesl of the outdoor dining
area shall be completely screened from view by shrubbery.
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.~
k~. That prior to finai buiiding and zoning inspections for the outdoor patio or wiihin a perfod
of two (2) months from the date oF this resolution, Condition Nos. 33, 37, 38 and 39,•
above-mentioned, shall be complied with. Extensians for further time to complete said
conditinns may be granfed in accordance with Sec4lon 18.03.090 of the Maheim
Municipal Code. Further, if ar extension of time is req ested for the alcohol sales portion
of this reyuest, ft shall be considered at a noticed~ub~hearing.
THE FOREGOING RESOLUTION wa a 6p ~ d at th ning Commission meeting of
December 7, 1998. ~ /
ATTEST:
~ S.O..CUa.o-.
SECRETARY, A!VAHEIM CITY PLANNING COMM~SSION
STATE OF CALIFORNIA )
COUNTY OF dRANGE ) ss.
CITY OF ANAHEIM )
I, Osbeiia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting ef the Anaheim City Planning
Commission held on December 7, 1998, by the foilowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUPI, BRISTOL, ESPING, KOOS, NAPOLES,
WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this a~ day of
~~...Q~s,~/ , 1996.
m s~~,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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