Resolution-PC 99-86RESOLUTION NO. PC99-86
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDiTIONAL USE PERMIT NO. 4113 BE GRANTED FOR ONE (1) YEAR
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditionai Use P~rmit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:.
PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 85 PAGE(S) 4 AND 5 OF PARCEL
MAPS, IN THE OFFICE OF TNE COUNTY RECORDEF2 OF SAID COUNTY.
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Center in
the City of Anaheim on May 24, 1999 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; and that the hearing was continued firom
May 10, 1999; and
WHEREAS, said Commission, after due inspecti~n, investigation 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 Section 18.44.050.010 to permit a restaurant with sale of alcoholic beverages
for on-premises consumption, including a bar, entertainment, dancing and banque4s.
2. That the proposed use, a full service restaurant with on-sale alcoholic bsverages, will not
adversely affect the adjoining lend uses and the growth and development of the area in which it is
proposed to be located; and that additional permits must be obtained from the Business License Division
of the Finance Department for the proposed entertainment and dancing.
3. 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.
4. That the traffic generated by the proposed use will not impose an undue burden upor, the
streets and highways designed and improved to carry the traffic in the area.
5. That granting of 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 Anah~im.
6. That no one indicated their presence at the public hearing in opposition to the Froposai,
that one concerned person spoke, and that no correspondence was received in opposition.
CALIFORNIA ENVIaONMENTAL QUALITY ACT ~ INDING: That the Anaheim City
?lanning Commission has reviewed lhe proposal to permit a restaurant with sale of alcoholic beverages
for on-premises consumption, including a bar, entertainment, dancing and banquets on a rectangularly-
shaped 12-acre property located at the northeast corner of Brookhurst Street and Alameda Avenue,
having frontages of 195 feet on the east side of Brookhurst Street, 270 feet on the north side of Afameda
Avenue and 195 feet on the west side of Valley Street, and further described as 500 North Brookhurst
Street (La Estrella Restaurant); and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on
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the basis ~f the initial study and any ~omments receivsd that there is no substantial evidence that the
p~oject will have a sig~iticant effect on the environment.
NOW, THEREFORE, BE :T RESCLVED that the Anaheim City Planning Commission
does hereby grant subjec! Petition for Conditionai Use Permit P:o. 4113 for a period of one ;1) year, upon
the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That a maximum of two (2) licensed uniform2d security guards, approved by the Anaheim Police
Department, shall be provided on the premises to specifically proNide securit;~ and to discourage
vandalism, traspass and/or loit2ring uFon or adjacent to the subject property, as required by the
Police Dep2rtment. Said security guards shall remain on-duty as determined to be appropriate by
the Police Department.
2. (Proposed Condition No. 2 was deleted at the Planning Commission public hearing.)
3. That sign~ge for sub~ect facility shall be limited to that which is specified on the exhibits submitted
by the petitioner and approved by the Planning Commission. Any additional signage shall ne
subject to review and approval by the Commission as a"Reports and Recommendations" item.
4. i hat no outdoor storage shall be permitted.
5. TF~at trash starage areas shali be refurbished to the satisfaction of the Public ~"Jerks Dapartment,
Streets and Sanitation Divi~ion, to comply with approved plans on fila witii said Department.
6. ThaQ the existing tree wells along Alameda Street shall be enlarged to a size af five (5) feet by five
(5) feet. One (1), minimum fifteen (1 ~} gallon sized, Sophora Japonica (Japanese Pagoda Tree)
shall be planiad in each tree well, in accordance with City tree planting specitications.
7. That one (1), minimum fikeen (~5) gallon sized, Callistemon Citrinus (Lemon Bottlebrush) shall be
pianted in the empty tree wall located on Brookhurst Street, in accordance with City tree planting
specifications.
8. That the property shall be permanently main!zined in an orderly fashian through the provision of
regular landscaping maintenance, reineval of trash or debris, and removal of graffiti within twenty
four (24j hours from time of occurrence.
9. TFiat this establishment shall be operated as a"bo~a fide pub~ic ea?ing place" as defined by Section
23038 ~f tlie California Business and Professions Code.
10. That food service with a full meals shall be available from opening time until either 10:00 p.m. or
closing time, ~vhichever occurs first, on each day of operation.
1 i. That no pool ta~l=s sha!I be mairtained upon the premises at any time.
~2. That subject elconolic beverage license sFall not be exci~anged for a"public premises" (bar) type
license nor shall this establishment be operated as a"public premises" as defined in Section 23039
of fhe California Business and Professions Code.
13. That the sale of alcoholic beverages shall not exceed forty percent (40%) of the gross ~fi all retail
sales during any three (3) month period. The applicant shall maintain records on a quarterly basis
specifying the sep~rate arrounts of sales of alcoholic beverages and other items. These records
shall be made available, shaf! be subjec: to audit and, when requested, shall be subject to
iiispection by any City a~ Anaheim o~cial during reasonable business hours.
'i4. That no live en:ertainmert, no amplified music, and/or no dancing shail be permitted on the
premis~s at any time without issuance of proper permits as required by the Anaheim Municipal
Cade.
15. That thQ sale of a;coholic beverages for consumption off the premises shall be prohibited.
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16. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior of the building from within, promoting or indicating the availability of alcohol beverages,
with the exception of one (1) sign indicating "cocktails."
17. That the activities taking place in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
18. That the hours of operation shall be limited to 11 a.m. to 11 p.m. on Sundays through Thursdays,
and 11 a.m. to 12 a.m. on Fridays and Saturdays.
19. That the parking lot serving these premises shali 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 shielded in such a mann~r so as not to
unreasonably illuminate the windows of nearby properties.
20. That the business operator shall comply with Section 24200.5 of the Business and Professions
Code and shall not employ nor permit any persons to solicit or encourage others, directly or
indirectly, to buy them drinks in these licensed premises under any commission, percentage, salary
or other profit-sharing plan, scheme or conspiracy.
21. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fis=~
Code and shall be kept ciosed and unlocked at all times during hours of operation exc~pt for
ingress/egress, to permit deliveries, and in cases of emergency.
22. That there shall be no public telephones on tlie property located outside the building and within the
control of the applicant.
23. (P~oposed Condition No. 23 was deleted at the Planning Commission public hearing.)
24. That the parking lot shall be chained, locked and emptied of patrons no later than one half (1/2)
hour after the restaurant closes.
25. That a landscaping plan showing screening of the existing above-ground transformer and
refurbishing of the existing landscape planters, including additional shrubs and flowers along the
south building wall, shall be submitted to the Zoning Division for review and approval. Said
landscaping plan shall be implemented within one (1) month after Zoning Division approval.
26. That the property owner shall pay the cost of code enforcement inspections, as deemed necessary
by the Code Enforcement Division, Planning Department, to gain and/or maintain compliance with
state and local statutes, ordinances, la~vs and regulations.
27. That this conditional use permit shall expire one (1) year from the date of this resolution, on May
24, 2000.
2II. That the floor plan of the proposed restaurant shall be specifically limited to that which is shown on
the submitted plans approved by the Planning Commission, including permanent baoths for dining
in the room with the dance floor, as specified on Exhibit No. 2. Any modification to the floor plan
shatl be submitted to the Planning Department for Planning Commis~ion review and approval as a
"Reµorts and Recommendations" itFm.
29. 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 Exhibit Nos. 1, 2 and 3, and as conditioned herein.
30. That prior to commencement of the activiry authorized by this resalution, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this reso~ution, whichever occurs
first, Condition Nos. 3, 5 and 25, 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
Anaheim Municipal Code.
31. That prior to the commencement of the activity authorized by this resolution or prior to final building
and zoning inspections, whichever occurs first, Condition Nos. 6, 7, 19, 21 and 29, above
mentioned, shall be complied with.
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32. That approval of this application constitutes approval of the praposed request only to the extent that
it complies with the Anahe?m Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not inciude any action ar findings as to compliance or approvai
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 applicanYs compiiance
with each and all of the condit~ons hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, sha e e ed n oid.
THE FOREGOING RESOLUTIO dopt at~ I ning Commission meeting of
May 24, 1999.
ATi'EST:
~~~IUAC~~2~,/uIw d~0'~~
SECRETARY, AN. EIM CITY PLANNING C~JMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
PLAN
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 the Anaheim City Planning
Commission held on May 24, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOS'NVICK, BOYDSTIJN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
AE3SENT: COMMISSIONERS: ESPING
///~~~~~. IN WITNESS WHEREOF, I have hereunto set my hand this ~~`~ day of
_~, 1999. .
~4%~~'L~GV S~o~.~-'
SECRETARY, F~IAHEIM CITY PLANNING COMMISSION
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