Resolution-PC 2012-073RESOLUTION NO. PC2012 -073
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2012-05631 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00095)
(2225 WEST BALL ROAD)
WHEREAS, the Anaheim City Planning Commission (herein after referred to as the
"Planning Commission" did receive a verified Petition for Conditional Use Permit No. 2012 - 05631,
to allow the sale of beer and wine for on- premises consumption within a planned restaurant in an
existing commercial center proposed for certain real property located at 2225 West Ball Road in the
City of Anaheim, County of Orange, State of California, as more particularly described on Exhibit
A, attached hereto and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 15 acres, is developed with an
185,000 square foot commercial center located in the Commercial General (CG) zone and the
Anaheim General Plan designates the property for Neighborhood Center land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 22, 2012, 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, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed project is within that class of projects which
consist of the repair, maintenance, and /or minor alteration of existing public or private structures or
facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of
Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; 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 1.8.08.030.040.0402 (Conditionally
Permitted Uses) of the Zoning Code.
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2. The request to permit the sales of beer and wine for on- premises consumption within
a planned 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.
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.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2012 -05631 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.
-2- PC2012 -073
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 22, 201.2.
ATTEST:
CHAIR, ANAHEIM CIT NNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY 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 October 22, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 22 "' day of October, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012-00095
APN: 127 - 261 -20
i
127- 261 -25 R+
127 - 261 -28
127- 261 -30
127 - 261 -26 W COLCHESTER DR
127- 261 -32
127- 261 -27
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127- 261 -31
127- 261 -29
127- 261-40 °
127- 254 -06
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-4- PC2012 -073
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Source: Recorded Tract Maps and/or City GIS.
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Please note the accuracy is +f- two to five feet.
-4- PC2012 -073
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05631
(DEV2012- 00095)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
GENERAL CONDITIONS
1
At all times when the premise is open for business, the
Police
premise shall be maintained as a bona fide restaurant and
Department
shall provide a menu containing an assortment of foods
normally offered in such restaurant.
2
There shall be no admission fee, cover charge, nor minimum
Police
purchase required.
Department
3
There shall be no exterior advertising of any kind or type.
Police
including advertising directed to the exterior from within,
Department
promoting or indicating the availability of alcoholic
beverages.
4
There shall be no entertainment, amplified music or dancing
Police
permitted on the premise at any time unless the proper
Department
permits have been obtained from the City of Anaheim.
5
That subject alcoholic beverage license shall not be
Police
exchanged for a public premise (bar) type license nor shall
Department
the establishment be operated as a public premise as defined
in Section 23039 of the Business and Professions Code.
6
Parking lots, driveways, circulation areas, aisles,
Police
passageways, recesses and grounds contiguous to buildings,
Department
shall be provided with enough lighting to illuminate and
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
onsite.
7
Security measures shall be provided to the satisfaction of the
Police
Anaheim Police Department to deter unlawful conduct of
Department
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.
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8
Portions of the property under the control of the applicant
Code
shall be permanently maintained in an orderly fashion by
Enforcement
providing regular removal of trash or debris, and removal of
graffiti within twenty -four (24) hours from time of
occurrence.
9
The business shall not employ or permit any persons to
Police
solicit or encourage others, directly or indirectly, to buy them
Department
drinks in the licensed premises under any commission,
percentage, salary, or other profit- sharing plan, scheme or
conspiracy.
10
Subject property shall be developed substantially in
Planning
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).
-6- PC2012 -07;