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99-201RESOLUTION N0. 99R-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4141. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit 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 upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 5 OF PARCEL MAP N0. 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; 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. PC99-145 granting Conditional Use Permit No. 4141; 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. 4141 be, and the same is hereby, granted permitting 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 on the hereinabove described real property, subject to the following conditions: 1. That this restaurant with sale of alcoholic beverages for on-premises consumption, as specifically approved in connection with this conditional use permit (i.e. ~~Denny's"), shall continuously adhere to the following conditions, as required by the Anaheim Police Department: (a) That the 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 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. 2 (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. (e) That subject alcoholic beverage license 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 California Business and Professions Code. (f) That the sale of alcoholic beverages 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 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 entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. (h) That the sale of alcoholic beverages for consumption off the premises shall be prohibited. (i) That there 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. (1) 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. 3 (m) That the 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, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (n) 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, 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 are enclosed by fencing or othe as approved by the City, at height, into which entry is interior of the business. the Uniform Fire Code shall utilized by patrons and/or emergency. a shall be completely r such permanent structure least forty (40) inches in only possible from the Emergency exits required by be maintained, but not employees other than in an 2. That prior to issuance of a building permit, final plans to fully and accurately describe the proposal shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. Said plans shall include the following: (a) Exterior building plans showing the north, east, south and west building elevations. (b) A perspective drawing illustrating the building in three dimensions. (c) A roof plan showing the location of all roof-mounted equipment. (d) A section through the entire building showing the height of the parapets, the top of the roof and any other roof features, and any roof-mounted equipment, to illustrate that none of the roof-mounted equipment will 4 be visible to nearby public streets, private streets, or buildings. The means by which roof-mounted equipment will be fully screened shall be clearly described and illustrated. (e) Material and color board(s) specifying all the construction materials and colors for the building exterior, including manufacturer's samples, to fully describe the proposed building, including manufacturer's samples, to fully describe the proposed building, including the windows, roof, trim, etc. (f) Plans and material and color board(s) for the outdoor patio area including paving, enclosure fencing and trellises or similar features, umbrellas, outdoor tables and chairs, landscaping features inside the patio enclosure, etc. (g) Plans showing conformance with the Sign Program approved in connection with Conditional Use Permit No. 3957, including that no sign shall be permitted on the north wall of this building. 3. That there shall be no freestanding signs in conjunction with this approved restaurant. That this conditional use permit is a part of the Stadium Crossings mixed use commercial center which was approved under Conditional Use Permit No. 3957 and, therefore, is also subject to the conditions adopted in connection with Resolution No. PC97- 121, including the followin g Conditions Nos. 4 through 16. 4. That any relocation of existing power facilities or streetlights shall be at the developer's expense. 5. That subject property shall 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 Boulevard 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 the water back-flow equipment and any other large 5 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 all 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 details 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 (f) Any other details required to fully describe the event. 9. That signage shall be limited to wall signs in conformance with the Sign Program (Exhibit No. 22) approved in connection with Conditional Use Permit No. 3957. 10. That the only outdoor uses permitted in connection with this conditional use permit shall be outdoor seating associated 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 request, including a floor plan(s) showing where the dancing and/or entertainment will take place and a letter of operation describing the proposal, shall be submitted to the Planning Commission for review and approval as a "Reports and Recommendations" item. 12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 13. That subject property, buildings and accessory structures shall comply with all statutes, ordinances, laws, or regulations of the State of California, as adopted by the City of 6 Anaheim, including the Uniform Building Code, Uniform Housing Code, Uniform Fire Code, Uniform Plumbing Code, National Electric Code, and the Uniform Mechanical Code. 14. That any changes to the approved exhibits 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. If 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 conditional 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 graffiti within twenty four (24) hours of its application. 16. That the developer shall comply with Chapter 14.60 of the Anaheim Municipal Code and Resolution No. 91R-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. Deleted. 19. That prior to 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 and 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 Anaheim Municipal Code. 20. That prior to final building and zoning inspections, as determined to be appropriate by the City, Condition Nos. 4, 6, and 7, 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 applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby 7 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 21st day of September, 1999. ~^ MAYOR OF THE CITY OF NAHEIM ATTEST: G~~ ~ ~^ .CITY CLERK OF TH CITY OF ANAHEIM 32778.1 8 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-201 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 21st day of September, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken NOES: MAYOR/COUNCIL MEMBERS: Daly ABSTAINED/ TEMPORARILY ABSENT: MAYOR/COUNCIL MEMBERS: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R- 201 on the 21st day of September, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of September, 1999. CITY CLERK OF THE CI 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-201 was duly passed and adopted by the City Council of the City of Anaheim on September 21st, 1999. ~, CITY CLERK OF THE TY OF ANAHEIM