Resolution-PC 99-145RESOLUTION NO. PC99-145
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4141 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real properry situated in the City of Anaheim, County of Grange, State
of California, described as:
PARCEL 5 OF PARCEL MAP NO. 97-155, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN
BOOK 301, PAGES 15 TO 20, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 2, 1999 at 1:30 p.rn., notice of said public hearing having beer, 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; and
WHEREAS, said Commission, after due inspection, investiga±ion 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 use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.41.050.220.2202 and 18.41.050.220.2211 to construct a.full-
service restaurant with sale of alcoholic beverages for on-premises consumption, including an outdoor
dining area, within a planned mixed-use commercial center.
7
2. That the planned mixed-use center (Stadium Crossings) in which this proposal is located
w~s permitted under Conditional Use Permit No. 3957 (adopted on Septernber 3, 1997 under Resolution
No. PC97-121) which was approved, in part, to construct an 8-lot planned mixed use commercial center
on a 12-acre site, inciuding subject 1.1-acre property (identified as Pad E, Parcel 5), located at the
northeast corner of Katella Avenue and State College Boulevard and south of the Atchison Topeka and
Santa Fe Railroad tracks; and that said mixed-use commercial center consists of a 140-room hotel, a
drivE-through fast food res!aurant, up to five semi-enclosed restaurants with sale of aicoholic beverages
or b~ ~r and wine for on-premises consumption, retail, office and bank uses, a fitness center, up to five
monument signs, and waivers of minimum landscaped setbacks, minimum parking lot landscaping,
r~~aximum aggregate area of signs in the CO "Commercial, Office and Professionai" Zone, minimum
number of parking spaces and minimum structural setbacks adjacent to interior site boundary lines; and
that one of the five approved semi-enclosed restaurants, including sale of alcoholic beverages for on-
prem?ses consumption, was approved for subject property.
3. That this conditional use permit and the underlying property are part of the Stadium
Crossings mixed use commercial center which was approved under Conditional Use Permit No. 3957,
and, therefore, this cond'tional use permit is subject to the conditions adopted in conn~•ction with
Resolution No. PC97-121 including, among other requirements, shared circulation and parking, an
approved Sign Program, and the requirement that Pad E be developed with a fuil service, sit down
restaurant having a floor area of 5,000 sq.ft. (minimum) to 8,000 sq.ff.. (maximum).
4. That Condition No. 57 of the above-mentioned Resolution No. PC97-121, specifies that
prior to issuance of a building permit for Pad E(subject property), specific plans (including a floor plan
and exterior elevations) bP submitted to the Planning C:ommission for review and approvai as a"Reports
and Recommendations" ~tem; and that approval of this Conditionai Use Permit No. 4141, with the
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approved plans 2nd specifications including the conditions herein, serves as compliance with said
Condition No. 57.
5. That the proposed use, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located; that this specific
proposal is a family-type restaurant which is different from the existing more expensive restaurants in the
Stadium Area; and that the "retro" theme of the proposed architecturai design ("Denny's Classic Diner"),
inciuding the interior design and uniforms, is unique.
6. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health.
safety and general welfare.
7. 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 traffic in the area.
8. That granting of this conditionai use permit, under the conditions imposed, will not be
detrimental to the peace, health, safery and general welfare of the citizens of the City of Anaheim.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence ~vas received in oppositio~i.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commiss~on has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditiona{ Use Permit No. 3957 (which was approved to
construct an 8-lot planned mixed use commercial center with specific uses and with waivers on a 12-acre
site, including subject property, located at the northeast corner of Katella Avenue and State College
Boulevard and south of the Atchison Topeka and Santa Fe Raiiroad tracks) is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independentjudgment of the lead agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the proposal will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditionai Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preseroe the safety and general welFare of the Citizens of the City of Anah~im:
1. That this restaurant with sale of alcoholic beverages for on-premises consumption, as specifically
approaed in connection with thfs conditionai use permit, shall continuously adhere to the foliowing
conditions, as required by the An2heim Poiice Department:
(a) That the establishment shail be operated as a"bona fide public eating place" as defined by
Section 23038 of the California Business and Pro(essions Code.
(b) That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim, unless clearly shown as an
accessory use to the primary dining area of the specified full-service sit-down restaurant on
Pad E.
(c) That food service with a full meal shall be available from opening time until closing time on
each day of operation.
(d) That there shall be no pool tables maintained upon the premises at any time.
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(e) That subject alcoholic beverage license shall riot be exchanged for a public premises (bar)
h~pe license nor shall the establishment be operated as a public premises as defined in
Section 23039 of the California Business and Professions Code.
(~ That the sale ~f alcohclic beverages shall not exceed forty percent (40%) of the gross sales
of ail retail sales during any three (3) month period. The applicant shali maintain records on a
quarteriy basis indicating the separate amounts of alcoholic beverages sales and the sale of
other items. These records shall be made available, subject to audit and, when requested, to
inspection by any City of Anaheim official during reasonable business hours.
(g) That there shall be no live entertainmer;, amplified music or dancing permitted on the
premises at any time without issuance ~` pr~er permits as required by the Anaheim
Municipai Code.
(h) That the sale of alcohoiic beverages for consumption off the prem~ses shall be prohibiEed.
(i) That ihere shall be no exterior advertising of any kind or type, including advertising directed
to the exterior from within, promoting or indicating the availability of alcohol beverages.
(j) That the activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
(k) That sale, service and consumption of alcoholic beverages shall be permitted from 9 a.m. to
1 a.m. daily.
(I) That the parking lot serving the premises shali be equipped with lighting of sufficient power to
ilwminate and make easily discernible the appearance and conduct of all persons an or about
the parking lot.
(m} That tha business operator shall comply with Section 24200.5 of the Business and
Professions Code so as not to employ or permit any persons to solicit or encourage others,
directiy or indirectly, to buy them drinks in the iicensed premises under any commission,
percentage, salary, or other profit-sharing plan, scheme or conspiracy.
(n) That all doors serving subject restaurant shali conform to the requirements of the Uniform
Fire Code and shall be kept closed and unlocked at all times during hours of operation except
for ingress/egress, deliveries and in cases of emergency.
(o) That there shall be no coin-operated telephones on the property that are located outside the
building and within the control of the applicant.
(p) That the outdoor dining area shall be completely enclosed by fencing or other such
permanent structure as approved by the City, at least forry (40) inches in height, into which
entry fs only possible from the interior of the business. Emergency exits required by the
Uniform Fire Code shall be maintained, but not utilized by patrons and/or employees other
than in an emergency.
That the architectural design of this building shall be the "Denny's Classic Diner" shown on the
exhibits approved herein; provided, however, that prior to issuance of a building permit, thE
following information shall be submitted to the Zoning Division for review and approval by the
Planning Commission as a"Reports and Recommendations" item:
(a) Materiai board(s) for the buliding exterior, and final plans and specifications for all outdoor
patio equipment including flooring, umbrellas, enclosure fencing and colors; and
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(b) Precise sign plans showing confcrmance with the Sign Program approved in connection with
Conditional Use Permit No. 3957, including that no sign shali be permitted on the north wall
of this building; and
(c) Precise plans for any roof-mounted equipment on this "Denny's Classic Diner," including the
means by which such equipment wi(I be fully screened from nearby public streets, private
streets, and uses.
That there shall be no freestanding signs in conjunction with this approv~d restaurant.
That this condiliona! use permit is a part of the Stadium Crossings mixod use comme~ial center wlrkh
was approved under Condi!iona! Use Permit No. 3957 and, therefore, is also subject to the conditions
adopted in cunnection wifh Resolution iJo. PC97-121, including the following Conditions Nos. 4 through
16.
4. That any reiocation of existing power facifities or streetlights shall be at the developer's expense.
5. That subject property shali be served by underground utilities.
6. That subject property shall be served with an underground electrical backbone and distribution
system. All cost for substructures and conduit shall be paid by the developer. Location will be
determined after final approval of site plans. The pole line on State College 8oulevard and Katella
Avenue shall be under-grounded at the developer's expense. All above-ground equipment shall be
screened from view to the satisfaction of the Planning Department.
7. That',he water back-flow equipment and any other large water system equipment shall be installed
to the satisfaction of the Water Utility Division in either underground vaults or behind the street
setback area in a manner fully screened from ail public streets. The precise location and method of
screening shall be approved by the Planning Department.
8. That no Special Event Permits (except for "grand opening" banners), as defined by the Zoning
Code, shall be permitted unless a Special Circumstances Waiver is first obtained. Any proposal for
such waiver shall include, as applicable:
(a) Specific site plan(s) showing where the event will take place;
(b) Operational detaiis of the event;
(c) Whether food items and/or food service are proposed;
(d) Period of time during which the event will take place;
(e) The hours of operation (if appropriate); and
(~ Any other details required to fully describe the event.
That signage shail be limited to wall signs in conformance with the Sign Program (Exhibit No. 22)
approved in connection with Conditionat Use Permit No. 3957.
10. That the only outdoor uses permitted in connection with this conditional use permit shall be outdoor
seating associaled with the full service restaurant on Pad E.
11. That if a permit for dinner dancing or for any other entertainment is sought, a specific reyuest,
including a floor pla~(s) showing where the dancing andlor entertainment wilt take place and a letter
of operation describing the proposal, shall be submitted to the Plannfng Commission for review and
approval as a"Reports and Recommendations" item.
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12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
ta the Public Works Department, Streets and Sanitation Division, for review and approval.
13. That subJect property, buildings s7d accessory str~ctures shail comply with all statutes, ordinances,
laws, or regulations of the State of Califomia, as adopted by the City of Anaheim, inciuding the
Uniform Building Code, Uniform Ho~;~ing Code, Uniform Fire Code, Uniform Plumbing Code,
National Electric Code, and the Uniform Mechanical Code.
14. That any changes to the approved e~hibits or otherwise specifically approved in connection with
this conditional use permit shall be submitted to the Planning Commission for review and approval
as a"Reports and Recommendations" item. I` the Planning Commission finds that such proposal is
not in conformance with the specifically approved uses, the petitioner may be required to file and
obtain approval of a new conditior~l use permit or such other petition as may be appropriate.
15. That the owner of subject property shall be responsible for the removal of any on-site graffiU within
twenty four (24) hours of its application.
16. That the devetoper shali comply with Chapter 14.60 of the Anaheim Municipal Code and Resolution
No. 91 R-89 relating to Transportation Demand Management by joining and financially participating
in the ATN and Clean Fuel Shuttle Program and by installing bicycle racks.
17. That the outdoor seating area shall be limited to the hours of 7:00 a.m. to 12:00 midnight daily.
18. That subject property shali be dsveloped substantially in accordance with plans and specifications
submitted to the Ciry of Anaheim by the petitioner and which ptans are on file with the Planning
Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
19. That prior ta issuance of the first building permit or within a period of eighteen (18) months from the
date of this resolution, whichever occurs first, Condition Nos. 2, 5, 9, 12, 13 end 14,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anahefm Municipal Code.
20. That prior to final building and zoning inspections, as determfned to be appropriate by the City,
Condition Nos. 4, 6, 7 and 18, above-mentioned, shall be complied with.
21. That approval of this application constitutes approval of the 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 applicabte ordinance, regulation or requirement.
BE IT Ft1RTHER RESOLVED that the Maheim City Planning Commission does hereby
find and determine that adoption of this Resoiution is expressly predicated upon applicanPs 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.
THE FOREGOING RESOLUTION opted at the lanning Com~meeting of
August 2, 1999.
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CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATfEST:
/~LG,/1nQ2~fnJ ~d~la+~c~
SECRETARY, ANAI~IM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Margarita Solorio, Secretary of the Anahein City Planning Commission, do hereby ce~ify
that the'oregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 2, 1999, by the fotlowing vote of the members thsreof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: tJONE
ABSEPI'f: COMMISSIONERS: ESPING
~ IN WITNESS WHEREOF, I have hereunto set my hand this 3v' ' day of
_~~,.~~~~~ 199~J.
/h.a,e~.,~v ~'~,e~e~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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