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2000-083RESOLUTION NO. 2000R-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4189. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit the sale of beer and wine for on-premises consumption in conjunction with the expansion of an existing restaurant, to establish conformity with existing Zoning Code land use requirements for an existing commercial retail center upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 143, PAGE 31 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. PC2000-43 granting Conditional Use Permit No. 4189; 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 consideration 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 4189 be, and the same is hereby, granted permitting the sale of beer and wine for on-premises consumption in conjunction with the expansion of an existing restaurant, to establish conformity with existing Zoning Code land use requirements for an existing commercial retail center on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050 - 18.06.050.020.021.0212 18.06.050.020.22 18.06.050.020.023.0231 18.06.080 and 18.44.066.050 Minimum number of parkinq spaces. (97 spaces required; 78 spaces proposed) subject to the following conditions: That this restaurant shall be operated as a "bona fide public eating place" as defined by Section 23038 of the California Business and Professions Code. o That there shall be no bar or lounge maintained on the premises unless approved by the City of Anaheim and licensed by the Department of Alcoholic Beverage Control ("A.B.C."). That food service with a full meal shall be available from opening time until closing time each day of operation. That there shall be no pool tables or video, electronic or other amusement devices or games permitted or maintained upon the premises at any time. 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. 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 showing the separate amounts of sales of beer and wine and other items. These records shall be made available for inspection, and subject to audit, when requested by any City of Anaheim official during reasonable business hours. -3- o o 10. 11. 12. 13. 14. 15. 16. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without the issuance of proper permits, as required by the Anaheim Municipal Code. That the sale of beer and wine for off premises consumption shall be prohibited. That there shall be no exterior advertising 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. That the activities occurring in conjunction with the operation of this restaurant shall not cause noise disturbance to surrounding properties. 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. 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 and egress, to permit deliveries, and in cases of emergency. That no outdoor dining area shall be permitted without either modification to this Conditional Use Permit No. 4189 or approval of another conditional use permit specifically approving such use. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signage shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. That, as stipulated to by the petitioner, the hours of operation shall be limited to the following: Sunday through Thursday: Friday and Saturday: 9 a.m. to 11 p.m. 9 a.m. to midnight That the beer and wine portion of this conditional use permit (in connection with the restaurant expansion) shall expire two (2) years from the date of this resolution, on April 10, 2002. -4- Commercial Center Conditions 17. That all public telephones (existing or proposed) shall be located inside the building only. 18. 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 shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 19. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 20. That the on-site landscaping and irrigation system shall be refurbished and maintained in compliance with City standards. 21. That minimum twenty four (24) inch box sized trees shall be planted in the landscape planters immediately adjacent to Lincoln Avenue and Bel Air Street at a ratio of one (1) tree for every twenty (20) lineal feet of street frontage, in accordance with City standards. Said information shall be specifically shown on plans submitted for Zoning Division for review and approval within a period of one (1) month from the date of this resolution. 22. That street trees shall be installed by the owner within the public rights-of-way adjacent to Lincoln Avenue and Bel Air Street. For these location, the Urban Forestry Division of the Community Services Department recommends crepe myrtle trees. 23. That roof-mounted balloons or other inflated devices shall not be permitted on the property. 24. That no vending machines, which are visible to Lincoln Avenue and/or Bel Air Street, shall be permitted on this property. 25. That three (3) foot high street address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to the view from of the adjacent streets or properties. 26. That any existing or proposed roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. Said information shall be specifically shown on the plans submitted for Zoning and Building Division approval. -5- 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. That the number of tenant spaces shall be limited to eleven (11) units, as shown on the exhibits submitted by the petitioner and approved by the Planning Commission. That this 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. That a minimum of seventy eight (78) properly striped parking spaces shall be provided on-site. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. That no signage shall be placed on the clock tower. That the light fixture added to the pole sign shall be removed. That the 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 and 2, and as conditioned herein. That Condition Nos. 12, 17, 18, 20, 21, 22, 24, 25, 26, 29, 30, 32 and 33, above-mentioned, shall be completed within a period of one (1) month from the date of this resolution. 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. That final plans showing the design of the "smoking patio" shall be submitted to the Zoning Division of the Planning Department for review and approval by staff prior to said "smoking patio" being provided. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission as a "Reports and Recommendations" item. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly -6- 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 2~rd day of May, 2000. MA~OR OF THE CITY OF~NAHEIM ATTEST: CITY CL~K OF THE CITY OF ANAHEIM 35921.1 -7- 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. 2000R-83 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of May, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of May, 2000. CITY CLEI~;:: 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. 2000R-83 was duly passed and adopted by the City Council of the City of Anaheim on May 23rd, 2000. · ' 'rilE CITY OF ANAHEIM