Resolution-PC 99-217RESOLUTION NO. PC99-217
A RESGLUTION OF THE ANAHEIM CIN PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF A?PROVAL OF
RESOLUTION h0. PC%5-150, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 1550,
TO PERMIT THE EXPANDED USE FOR ONE YEAR TO EXPIRE DECEMBER 6, 2000
WHEREAS, on July 7, 1975, Resolution No. PC75-150 was adopted by the Planning
Commission to grant Conditional Use Permit No. 1550 and permit on-sele beer and wine in an existing
restaurant at 1755 West La Palma Avenue; and that said resolution includes Condition No. 3, which
specifies that the property be developed substantialiy in accordance with the approved exhibits (Exhibit
Nos. 1 and 2); and
WHEREAS, this property is developed as a part a strip commercial retail center in the CL
(Commercial, Limited) zone, including subject restaurant (EI Rey Marisco Restaurant); and that the
Anaheim General Plan Land Use Element designates this property for General Commercial land uses;
and
WHEftEAS, the petitioner requests an amendment to Condition No. 3 of Resolution No.
PC75-150 to permit a 1,210 sq.ft. expansioii to the existing 1,377 sq.ft. restaurant with the sale of beer
and wine for on-premises consumption.
WHEREAS, the Ci!y Plannir,g Commission did hold a public hearing at the Civic Center in
:he City of Anaheim on December 6, 1999, at 1:30 p.m., notice of said public hearing having been duly
given as required by iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed amendment and to investigate and
make findings and recommendations in connection therewith; and
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 offersd at said hearing, does find
and determine the following facts:
1. TYiat the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code.
2. That the expanded use will not adversely affect the adjoining land uses and the growth and
deveiopment of the area in which it is located.
3. That the size and shape of the site for the expanded use is adequate to allow full development
of the proposal in a manner not detrimzntal to the particular area nor to the peace, health, safety and
general welfare.
4. 7hat the traffic generated by the expanded use will not impose an undue burden upon the
streets and highways designed ar.d improved to carry the tra.ffic ~n the area.
5. That amending this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, healtti, safety and general welfare of the citizens of the Ciry of Anaheim.
7. i hat the size and shape of the property is adequate to aiiow full development of the expanded
use in a manner ;;ct dstrimental to the surrounding land uses provided that the conditions imposed are
implemented.
CR3837PK.DOC -1- PC99-217
S. That no one indicated their presence at the public hearing in opposition to the prcposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a 1,210 sq.ft. expansion to an existing 1,377
sq.ft. restaurant with the sale of beer and wine for on-premises consumption on a rectangularly-shaped
0.4-acre property having a frontage of approximately 125 feet on the north side of La Palma Avenue, a
maximum depth of approximately 134 feet, being iocated approximately 650 feet west of the centerline of
Euclid Street, and further described as 1755 West La Palma Avenue; and does he; eby approve the
Negative Declaration upon finding that the declaration reflects the independent Judgment of the lead
agency and that it h2s considered the Negative Declaration together wit~- 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 project will have a signifcant effect on the environment.
NOW, THEREFORE, BE IT RESOWED that the Anaheim City Pianning Commission does
hereby amend Condition No. 3 of Resolution No. PC75-150, adop•~d in connection with Conditionai Use
Permit No. 1550, to read as follows:
3. That the subject property shall be developed substantially in accordance with plans
and specifications submitted by the petitioner and on file with the City of Anaheim
Planning Department marked Exhibit No. 1 and Revision No. 1 of Exhibit No. 2.
AND BE IT FURTHER RESOLVED that the Planning Cemmission does hereby add the
following new conditions of approval to said resolution:
5. That the approval for the one thousand two hundred ten (1,210) sq.ft. restaurant
expansion shall expire (1) year from the date of this resoiution on December 6, 2000.
6. That the hours of operation for the restaurant shall be from 10:00 a.m. to 1:00 a.m.
daily.
7. That the sale, service and consumption of beer and wine shall be permitted only
during the following hours:
Sunday through Thursday: 10:00 a.m. and 11:00 p.m.
Friday and Saturday: 10:00 a.m. and 1:00 a.m.
8. That the trash storage area(s) shall be refurbished to the satisfaction of the Public
Works Department.
9. That the roof-mounted satellite dish shall be removed or replaced with a satellite dish
of two (2) meters or less in diemeter.
10. That window signage shall not exceed twaniy percent (20%) of the total window area.
11. That the proposal shall comply with all s(gning requirements of the CL (Commercial,
Umited) Zone unless a variance allowing sign waivers is approved by the Planning
Commission or Ciry Council.
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12. That trash storage are~(s) shali be provided and maintained in !ocatian(s? ar,Ceptabl~
to the Public Works Dspartment, Str~ss and Sanitat(on Div;sion, and in accordance
with approved plans on ila with ~t,fd UaR~rir,~ent. ~-ai{ s±or~ce ~~s:~s shail be
designed, located :~r.d S~~'e4ne~f :~o ~s not to bQ es~~~:i1~ 9cY~~ti~;,~.~1~ :rom }:~3;acent
streets or highways, i hs ~v~!!s of ti~~ s.o,:sg2 wf085 ~t~i+ll bL C:tAt~?OI~(9 frp;;3 $}t'~ 5`fiti
opportunities by the use of plant rrsat~rials such as minimum ~n~ ~~ }~a's',ts~t st;e~+
clinging vines planted on maximum three (3) foot centers, or Zalt shrubbory, Said
information shall be specifically shown on the plans submltted fs~r b~~ildEng ~pRrm!is. _
13. That a plan sheet for solid waste storage and collection ~nd a pian for recycling shali
be submitted to the Streets and Sanitation ~Ivision far r~vlew and approval.
14. That an on-site trash iruck tum-around area shali be provided in accordance with
Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets
and Sanitation Division. Said tum-around area shall be specifically shown on the
pians submitted for building permits.
15. That three (3) foot high street address numbers shall be displayed on the roof of the
~uilding in a color which contrasts with the roof material. The numbers shall not be
visibl2 to the view from the street or adjacent properties, and shall be oriented towards
the str~et on which the business is addressed.
16. That the parking lot shali be resurtaced and the parking spaces restriped to the
satisfaction of the City Traific and Transportation Manager.
17. That plans sha!I be submitted to the City Traffic and Transportation Manager for
review and approvai, showing conformance with the most current versions of
Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and
drive~vay location. Subject property shall thereupon be developed and maintained in
conformance with sa(d plans.
18. That the establishment shall be operated as a"bona fide public eating place" as
defined by Section 23038 of the Califomia Business and Professions Code.
19. That there shali be no bar or lounge maintained on the property.
20. That food service with a full meal shalt be available from opening time until either
10:00 p.m. or closing time, whichever occurs first, on each day of operation.
21. That there shall be no pool tables maintained u.pon the premises at any time.
22. That subject beer and wine licens~ shall not be exchanged for a"pubiic premises"
(bar) type license nor shali the establishment be operated as a"~+ublic premises" as
defined in Section 23039 of the California Business and Professions Code.
23. That the sale of beer and wine shall not exceed forty percent (40%) of the gross sales
of all retail sales during any three (3) month period. The applicant shall maintain
records on a quarterly basis indicating the separate amounts of sale 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 official during reasonable business
hours.
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24. That there shall be no live entertainment, amplified music or dancinA permitted on the
premises at any time without issuance of proper permits as required by the Anaheim
Municipal Code.
25. That there shall be no exterior adve~tising of any kind or type, including advertising
directed to the exterior of the building from inside the building, promoting or indicating
the availability of beer and wine.
26. That the parking lot serving the premises shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the appearance and conduct of all
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 the windows of nearby
residences.
27. That the business operator shall comply with Section 24200.5 of the Business and
Professions Code so as not to employ or permi! ~ny persons to solicit or encourage
~thers, directly or indirectly, to buy them drinks (n the licensed premises under any
commission, percentage, salary, or other profit-sha~~ng plan, scheme or conspiracy.
28. That all doors serving subject restaurant shall conform to the requirements of the
Unif~rm Fire Code and shall be kept closed and unlocked at all times during hours of
operation except for ingress/egress, to permit deliveries and in cases of emergency.
29. That there shall be no public telephones on the property that are located outside the
building and within the control of the applicant.
30. That the property shall be permanently maintained in an orderly Pashion through the
provision of regular landscaping maintenance, removal of trash or debris, and removal
of gra~ti within twenty four (24) hours from time of occurrence.
31. That the activities taking place in conjunction with the operation of this establishment
shall not cause noise disturbances to surrounding properties.
32. That within a period of two (2) months from the date of thfs resolution, Condition Nos.
9 and 10, above-mentioned, shall be completed.
33. That prior to commencement of the activity authorized by this resolution or prior to
issuance of a building permit, whichever occurs firct, Condition Nos. 12, 13, 14 and
17, above-mentioned, shall be complied with.
34. That prior to commencement of the activity authorized by this resolution, or prior to
final building and zoning inspections, or within a period of one (1) year from tho date of
this resolution, whichever occurs first, Condition Nos. 3, 8, 15, 16, 26 and 28, above-
mentioned, shall be complied with.
35. That approval of this applicatior, constitutes approvai of the proposed request only to
the extent that it complies with the Anaheim Municipal Zoning Code and any other
applicable Ciry, 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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THE FOREGOING RESOLUTION was adopted at the Plannin Commis ton meeting of December 6,
1999.
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CHAIRPE RO TEMPORE
ANAHEIM C PLAiVNiNG COMMISSION
ATTEST:
~i o,~~c~.~.#zv ,~,ec~'
SECRETARY, A AHEIM CITY PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
Cll'`~' 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 meeting of tlie Anaheim Ciry Planning
Commission held on December 6, 1999, by the foilowing vote of the m9mhers thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRiSTpL, KOOS, t:.^•.POLES, VAN~ERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
;N WITNESS WHEREOF, I have hereunto set my hand this ~J ~ day of
__~~~~, 2000.
( ~ lLN~1L~(C~LtIL~ ~~~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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