99-158RESOLUTION NO. 99R-158
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 4113.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit a restaurant with sale of alcoholic beverages for on-
premises consumption, including a bar, entertainment, dancing and
banquets upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally 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 THE COUNTY RECORDER OF
SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC99-86 granting
Conditional Use Permit No. 4113 for a period of one year; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a
conditional
use permit is authorized by the Anaheim Municipal Code.
2. 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.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. 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.
5. The granting of the 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4113 be, and the same is hereby,
granted permitting a restaurant with sale of alcoholic beverages
for on-premises consumption, including a bar, entertainment,
dancing and banquets on the hereinabove described real property,
subject to the following conditions:
1. That a maximum of two (2) licensed uniformed security
guards, as required by the Anaheim Police Department, shall be
provided on the premises to specifically provide security and to
discourage vandalism, trespass and/or loitering upon or adjacent
to the subject property, as required by the Police Department.
Said security guards shall remain on-duty as determined to be
appropriate by the Police Department.
2. Deleted.
3. That signage for subject 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 be subject to review and approval by the
Commission as a "Reports and Recommendations" item.
4. That no outdoor storage shall be permitted.
5. That trash storage areas shall be refurbished to the
satisfaction of the Public Works Department, Streets and
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Sanitation Division, to comply with approved plans on file with
said Department.
6. That the existing tree wells along Alameda Street shall
be enlarged to a size of five (5) feet by five (5) feet. One
(1), minimum fifteen (15) gallon sized, Sophora Japonica
(Japanese Pagoda Tree) shall be planted in each tree well, in
accordance with City tree planting specifications.
7. That one (1), minimum fifteen (15) gallon sized,
Callistemon Citrinus (Lemon Bottlebrush) shall be planted in the
empty tree wall located on Brookhurst Street, in accordance with
City tree planting specifications.
8. That the property shall be permanently maintained in an
orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
9. 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.
10. That food service with a full meals shall be available
from opening time until either 10:00 p.m. or closing time,
whichever occurs first, on each day of operation.
11. That no pool tables shall be maintained upon the
premises at any time.
12. That subject alcoholic beverage license shall not be
exchanged for a "public premises" (bar) type license nor shall
this establishment be operated as a "public premises" as defined
in Section 23039 of the California Business and Professions Code.
13. That the sale of alcoholic beverages shall not exceed
forty percent (40%) of the gross of all retail sales during any
three (3) month period. The applicant shall maintain records on
a quarterly basis specifying the separate amounts of sales of
alcoholic beverages and other items. These records shall be made
available, shall be subject to audit and, when requested, shall
be subject to inspection by any City of Anaheim official during
reasonable business hours.
14. That no live entertainment, no amplified music, and/or
no dancing shall be permitted on the premises at any time without
issuance of proper permits as required by the Anaheim Municipal
Code.
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15. That the sale of alcoholic beverages for consumption
off the premises shall be prohibited.
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 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 shielded in such a manner 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 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.
22. That there shall be no public telephones on the
property located outside the building and within the control of
the applicant.
23. (Proposed 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.
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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,
laws and regulations.
27. That this conditional use permit shall expire, and the
uses approved hereunder shall be terminated on July 13, 2003.
28. 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
booths for dining in the room with the dance floor, as specified
on Exhibit No. 2. Any modification to the floor plan shall be
submitted to the Planning Department for Planning Commission
review and approval as a "Reports and Recommendations" item.
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 activity authorized
by this resolution, or prior to issuance of a building permit, or
within a period of one (1) year from the date of this resolution,
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.
32. 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
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action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, 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 is approved and adopted by the
City Council of the City of Anaheim this 13th day of July, 1999.
MAY OF THE C TY OF ANAHEIM
ATTEST:
TY CLE OF THE CITY OF ANAHEIM
31998.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-158 was introduced and adopted at a regular meeting provided bylaw, of the
Anaheim City Council held on the 13th day of July 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait
NOES: MAYOR/COUNCIL MEMBERS: McCracken, Daly
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
158 on the 13th day of July, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 13th day of July, 1999.
~~ 7~t.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-158 was duly passed and adopted by the City Council of the
City of Anaheim on July 13th 1999.
~~al'" ~' ~ ~i
` CITY CLERK OF THE CITY OF ANAHEIM