Loading...
Resolution-PC 2013-040RESOLUTION NO. PC2013 -040 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012 -05666 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00043) (927 SOUTH EUCLID STREET) 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. 2013 -05666 to permit the sales of beer and wine for on- premises consumption within an existing restaurant within a commercial center located at 927 South Euclid Street 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 6.9 -acres in size. The Property is located in the General Commercial (CG) Zone. 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 June 17, 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 permit the sales of beer and wine for on- premises consumption, 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 -I- PC2013 -040 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. 2013 - 05666, 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. 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. -2- PC2013 -040 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 June 17, 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, ANAHEIM CITY ANNING COMMISSION ATTEST: SENIOR , 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 June 17, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of June, 2013. Z ,'A� SENIOR ARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2013 -040 EXHIBIT "A" DEV NO. 2013-00043 � APN: 128- 264 -14 W CHATEAU AVE �— w z 0 4 J Q LL N W BEACON AVE W BALL RD F— w Q J U W w W CHATEAU PL i--- W BEACON AVE Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet, -4- PC2013 -040 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2013-05666 (DEV2013- 00043) -5- PC2013 -040 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY GENERAL CONDI'T'IONS 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 make clearly visible the presence of any person on or about Department 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 solicit or encourage others, directly or indirectly, to buy them police drinks in the licensed premises under any commission, percentage, salary, or other profit- sharing plan, scheme or Department conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) -5- PC2013 -040 8 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 Police prevent disturbances to the neighborhood by excessive noise Department 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. I 1 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively referred to individually and collectively as "hidemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by hidemnitees in connection with such proceeding. 12 The applicant is responsible for paying all charges related to Planning the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 13 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- PC2013 -040