Resolution-PC 2013-006RESOLUTION NO. PC2013 -006
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2012 -05639
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00126)
(2751 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission ") did receive a verified petition to approve Conditional Use Permit No.
2012 -05639 to permit the sales of beer and wine for on- premises consumption within an existing
restaurant within a commercial center located at 2791 West Lincoln Avenue in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A
and incorporated herein by this reference (the "Property "); and
WHEREAS, the commercial center within which the Property is located is approximately
1.2 -acres in size and is developed with an existing multi- tenant, commercial building. The Property
is located in the General Commercial (CG) Zone. The Anaheim General Plan designates the
Property for Residential Corridor land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 28, 2013 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 Chapter 18.60 (Procedures) of the
Anaheim Municipal Code (herein referred to as the "Code "), 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, 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 to , 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 Section 18.08.030.040.0402 (Conditionally Permitted Uses) of the Code;
and
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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 center and the proposed use is compatible with the surrounding area;
and
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; and
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; and
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 Planning Commission does hereby
approve Conditional Use Permit No. 2012 - 05639, contingent upon and subject to the conditions of
approval described in Exhibit B attached hereto and incorporated herein by this reference, which are
hereby found to be a necessary prerequisite to the proposed use of the 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
Code. Timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code.
BE IT FURTHER RESOLVED that the 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.
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BE IT FURTHER RESOLVED that approval of this application constitutes approval of the
proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim
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 RESOLUTION was adopted at the Planning Commission meeting of
January 28, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIR PRO- UMPORE, ANAHEIM CITY PLANNING COMMISSION
0
SENIOR 1 WCRETARY, 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 January 28, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF,1 have hereunto set my hand this 28 day of January, 2013.
L--C— V \
SENIOR SL�I2ETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012-00126
APN: 070 - 602 -16
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/. two to five feet.
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W LINCOLN AVE W LINCOLN AVE
EXIIIBIT "B"
CONDITIONAL USE PERMIT NO. 2012-05639
(DEV2012- 00126)
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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
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.
5
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.
6
Parking lots, driveways, circulation areas, aisles,
passageways, recesses and grounds contiguous to buildings,
Police
shall be provided with enough lighting to illuminate and
Department
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 person, property, and vehicles on
site.
7
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. (Section 24200.5 Alcoholic Beverage Control
Act)
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8
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.
9
No required parking area shall be fenced or otherwise
Code
enclosed for outdoor storage.
Enforcement
10
Any graffiti painted or marked upon the premises or on any
Code
adjacent area under the control of the property owner shall be
Enforcement
removed or painted over within 24 hours of being applied.
11
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).
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