Resolution-PC 2011-073RESOLUTION NO. PC2011 -073
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05505 AND
AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2010 -047
(TRACKING NOS. CUP2010- 05505A AND DEV2010- 00078A)
(338 SOUTH ANAHEIM BOULEVARD)
WHEREAS, on June 21, 2010, the Anaheim City Planning Commission
(hereinafter referred to as "Planning Commission "), by its Resolution No. PC2010 -047 did
approve Conditional Use Permit No. 2010 -05505 to permit a restaurant with sales and on-
premises consumption of alcoholic beverages for that certain real property located at 338 South
Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as more
particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for an amendment to previously- approved Conditional Use Permit No. 2010 -05505 to
permit outdoor dining in conjunction with a restaurant with sales and on- premises consumption
of alcoholic beverages; and
WHEREAS, the restaurant occupies an approximately 2,100 square foot tenant
space within the existing 7,825 square foot commercial "Packard" building located in the I
(SABC Overlay - Neighborhood Commercial District) zone and the Anaheim General Plan
designates the property for Mixed Use 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
the proposed amendment to said conditional use permit and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, the 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:
1. The request to permit outdoor dining in conjunction with a restaurant with on-
premises consumption of alcoholic beverages is properly one for which a conditional use permit
is authorized under Code Section Nos. 18.08.030.010 (Alcoholic Beverages — On -sale,
Restaurants -Semi Enclosed) of the Anaheim Municipal Code.
1 PC2011 -073
2. The proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located because it will be integrated
into a new commercial retail district (Packing District) along a major arterial highway within the
Downtown area.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety of the citizens of Anaheim because the restaurant with outdoor dining will be
integrated into a new commercial retail district (Packing District) and the parking supply will be
adequate to accommodate the development.
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 because the traffic
generated by this use will not exceed the volume of traffic planned for the streets and highways
in the area.
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 and will provide a
land use that is compatible with the surrounding area because the proposed use will be integrated
into a new commercial retail district (Packing District) and the restaurant is not a health or safety
risk to the citizens of the City of Anaheim.
WHEREAS the proposed project falls within the definition of Categorical
Exemptions, Section 15332, Class 32 (Infill Development Projects) as defined in the State
CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional
environmental documentation.
BE IT FURTHER RESOLVED that the Planning Commission, for the reasons
hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2011-
05505 (DEV2010- 00078A) to permit outdoor dining in conjunction with a restaurant room with
retail sales and on- premises consumption of alcoholic beverages.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
amend, in their entirety, the conditions of approval adopted in connection with Planning
Commission Resolution No. PC2010 -047, approving Conditional Use Permit No. 2010- 05505,
as previously amended, to read as stated 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, except as expressly amended herein, the
provisions of Resolution No. PC2010 -047, approving Conditional Use Permit No. 2010 - 05505,
shall remain if full force and effect.
- 2 PC2011 -073
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or 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 the Anaheim City Planning Commission
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 condition, 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.
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.
THE FOREGOING RESOLD ION was adopted at the Planning Commission
meeting of September 26, 2011.
ATTEST:
CHAIRMAN, ANAHEIM CITY-PLANNING COMMISSION
AR
SENIOR SECRE Y. ANAHEIM CITY PLANNI G COMMISSION
3 PC2011 -073
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 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.
C
SENIOR SECRE ARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2011 -073
EXIIIBIT "A"
DEV NO. 2010 -00005
APN: 037- 023 -10
037 -023 -12
037 -023 -14
251- 084 -08
037-023-13
037 -023 -11
5x:t
0 0 50 WO
k.1=M1=1
W
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
5
PC2011 -073
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
The gross sales of alcoholic beverages shall not exceed 40%
of 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 alcohol and
other items. These records shall be made available for
inspection by any City of Anaheim official during reasonable
business hours.
Police
(
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
3
Subject alcoholic beverage license shall not be exchanged for
a public premises (bar) type license nor shall the
establishment be operated as a public premise as defined in
Section 23039 of the California Business and Professions
Code.
Police
4
There shall be no admission fee, cover charge, nor minimum
alcohol purchase required.
Police
5
Adequate lighting of parking lots, driveway, circulation
areas. aisles, passageways, recesses and grounds contiguous
to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure
environment for all persons, property, and vehicles on -site.
Police
6
There shall be no entertainment, amplified music, or dancing
permitted on the premises at any time unless the proper
permits have been obtained from the City of Anaheim.
Police
7
Petitioner shall not share any profits, or pay any percentage
or commission to a promoter or any other person, based upon
monies collected as a door charge, cover charge, or any other
form of admission charge, including minimum drink orders,
or the sale of drinks.
Police
8
There shall be no admission fee, cover charge, nor minimum
Police
EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05505
(DEV2010- 0007SA)
6
PC2011 -073
7
PC2011 -073
purchase required.
9
Managers, owners, bar tenders, and waitresses need to call
the Department of Alcoholic Beverage Control and obtain
LEAD (Licensee Education on Alcohol and Drugs Program)
Training. The contact number is 714 -558 -4101.
Police
10
The any permitted event or activity shall not create sound
levels, which violate any ordinance of the City of Anaheim
as described in Section 4.16.100.010 of the Anaheim
Municipal Code.
Police, Code
Enforcement
11
No person under 21 years of age shall sell or be permitted to
sell beer_
Police
12
There shall be no requirement to purchase a minimum
number of drinks.
Police
13
No required parking area shall be fenced -off or otherwise
enclosed for outdoor storage uses.
Code
Enforcement
14
The business is responsible for maintaining free of litter the
area adjacent to the premises over which they have control.
Code
Enforcement
15
Trash shall not be emptied into outside trash containers
between the hours of 10 p.m. to 7 a.m. daily.
Police, Code
Enforcement
16
Alcoholic beverages may be sold, served or consumed only
within the outdoor barricaded area as indicated on the
attached diagram. Persons may not take alcoholic beverages
from the designated area.
Police
17
Security measures shall be provided to the satisfaction of the
Anaheim Police Department to deter unlawful conduct of
employees and patrons, promote the safe and orderly
assembly and movement of persons and vehicles, and to
prevent disturbances to the neighborhood by excessive noise
created by patrons entering or leaving the premises.
Police
18
Signs shall be posted in a prominent place at all exits of the
premises, stating "No Open Containers of Alcoholic
Beverages Beyond This Point."
Police
19
The applicant shall be responsible to ensure that no patron
leaves the common dining area with an open container of
alcoholic beverage.
Police
20
Roof-mounted equipment shall be screened from view in
accordance with the requirements of Anaheim Municipal
Code Section 18.38.170 pertaining to the I (SABC)
(Industrial;. South Anaheim Boulevard Corridor Overlay,
PIanning
7
PC2011 -073
8 PC2011 -073
Neighborhood Commercial District) zone.
21
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 24 hours from the time of discovery.
Code
Enforcement
22
The location of a trash enclosure shall be provided in a
location acceptable to the Public Works Department, Streets
and Sanitation Division, and in accordance with approved
plans on file with said Department. Said information shall be
specifically shown on the plans submitted for building
permits.
Public
Works
.
23
The 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 Exhibit Nos. 1 through 8
(Packing District development plans), and as conditioned
herein.
Planning
8 PC2011 -073