Resolution-PC 2011-067RESOLUTION NO. PC2011 -067
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2011 -05570
(DEV2011- 00077)
(630 WEST ORANGEWOOD AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for Conditional Use Permit No. 2011 - 05570, to sales of beer and wine for on- premises 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 General
Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 26, 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 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. The request to permit the sales of beer and wine 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 permit the sales of beer and wine for on- premises consumption within
an existing restaurant would not adversely affect the surrounding land uses and the growth and
development of the area in which 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.
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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 beer and wine 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 because the restaurant
currently exists and has proven to be 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. 2011 -05570 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
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_
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 26, 2011.
A'1"1'EST:
SENIOR CRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on September 26, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT
IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of September,
2011.
' L C L �C
CHAIRMAN, ANAHEIM PLANKING COMMISSION
SENIOR SE ETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2011 -00077
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
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PC2011 -067
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
At all times when the premise is open for business, the
premise shall be maintained as a bona fide restaurant and
shall provide a menu containing an assortment of foods
normally offered in such restaurant.
Police
Department
Cl
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
Department
3
The sale of alcoholic beverages for off premises consumption
shall be prohibited.
Police
Department
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.
Police
Department
5
The activities occurring in conjunction with the operation of
this establishment shall not cause noise disturbance to
surrounding properties.
Police
Department
6
Consistent with the applicant's letter of operation, subject
business shall close no later than 10:00 p.m., daily.
Code
Enforcement
7
That subject alcoholic beverage license shall not be
exchanged 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.
Police
Department
8
There shall be no entertainment, amplified music or dancing
permitted on the premise at any time.
Police
Department
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05570
(DEV20I1- 00077)
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PC2011 -067
9
The parking lot 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.
Code
Enforcement
10
The business shall not 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.
Police
Department
11
Subject property shall be developed substantially in
accordance 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).
Planning
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