Resolution-PC 2011-005RESOLUTION NO. PC2011 -005
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 3720A
(DEV2010- 00183)
(2622 WEST LA PALMA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 3720A, upgrade an existing Type 41 alcoholic beverages
alcohol beverage control license to a Type 47 General Eating Place alcohol beverage control
license with full service of alcoholic beverages for on -site consumption within an existing
restaurant in an existing commercial center proposed for certain real property situated in the City
of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto and
incorporated herein by this reference.
WHEREAS, this property is developed with commercial building located in the
Commercial General (CG) zone and the Anaheim General Plan designates the property for
Neighborhood Center Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 31, 2011, at 5:00 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 18.60, 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
WHEREAS, said Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request for a conditional use permit, does find and
determine the following facts:
WHEREAS, said Commission, after due inspection, investigation and study Trade
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:
I. The request to permit the sales of alcoholic beverages for on- premises
consumption within an existing restaurant in the C -G (General Commercial) Zone is properly
one for which a conditional use permit is authorized by Anaheim Municipal Code Section
18.08.030.040.0402 (Conditionally Permitted Uses) of the Zoning Code.
2. The request to upgrade an existing Type 41 alcoholic beverages alcohol beverage
control license to a Type 47 General Eating Place alcohol beverage control license with full
service of alcoholic beverages for on -site consumption within an existing restaurant would not
adversely affect the surrounding land uses and the growth and development of the area in which
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it is proposed to be located because the property is currently developed with a commercial
shopping center and the proposed use is compatible with the surrounding area.
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the property is currently improved with a commercial
center with no proposed expansion.
4. The traffic generated by permitting the sales of alcoholic beverages for on-
premises consumption within an existing restaurant would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site are consistent with existing restaurant and permitted
businesses within the commercial center.
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
6. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a
land use that is compatible with the surrounding area.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 ((Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 3720A subject to the conditions
of approval described in Exhibit "B" attached hereto and incorporated by this reference which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED 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
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BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 31, 2011. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal - Code- ertaining to
appeal procedures and may be replaced by a City n in the event of an appeal.
ATT'EST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHE 1 CITY PLANNING COMMISSION
I, Grace Medina, Senior 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 January 31, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KAKI,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 31 day of January, 2011.
3
/I GI- /lk
SENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION
PC2011 -005
1APN: 070- 191 -231
o 50 150
F?et
W FELICIDAD CIR
W LA PALMA AVE
130'
130'
N
CV
EXHIBIT "A"
DEV2010 -00183
J
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
11062
4 PC2011 -005
NO.
GENERAL
EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3720A
(DEV2010- 00183)
CONDITIONS OF APPROVAL
1 At all times when the premises is open for business, the premise Police
shall be maintained as a bona fide restaurant and shall provide a
menu containing an assortment of foods normally offered in
such restaurant.
2
The gross sales of alcoholic beverages shall not exceed 40
percent 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 sales of
alcoholic beverages and other items. These records shall be
made available for inspection by any City of Anaheim official
when requested.
Police
3 The sale of alcoholic beverages for off premises consumption Police
shall be prohibited.
4 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 alcoholic beverages.
5 The activities occurring in conjunction with the operation of this Police
establishment shall not cause noise disturbance to surrounding
properties.
6 That subject alcoholic beverage license shall not be exchanged Police
for a public premise (bar) type license nor shall the
establishment be operated as a public premise as defined in
Section 23039 of the Business and Professions Code.
7 There shall be no admission fee, cover charge, nor minimum Police
purchase of alcoholic beverages required.
REVIEW SIGNED
BY OFF BY
Police
5 PC2011 -005
8 The parking lot shall be equipped with lighting of sufficient Code
power to illuminate and make easily discernible the appearance Enforcement
and conduct of all persons on or about the parking lot.
9 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.
Fire
10 Solid waste storage and collection, and recycling shall be in Public
compliance with plans approved by the Public Works, Streets Works,
and Sanitation Division. Streets and
Sanitation/
Operations
11 Subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim
by the applicant and which plans are on file with the Planning
Department marked as Exhibit No. 1 (Site Plan) and Exhibit
No. 2 (Floor Plan).
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