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Resolution-PC 2013-053RESOLUTION NO. PC2013-053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2001-04439B AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00019 (1440 SOUTH ANAHEIM BOULEVARD WHEREAS, the Plannin Commission of the Cit of Anaheim (hereinafter referred to as the ""Plannin Commission") did receive a verified Petition for Conditional Use Permit No. 2001-04439B to allow an outdoor dlnl*n with beer and wine service., at an existiner indoor restaurant with approved beer and wine service for on-premises consumption within a portion of the Anaheim Indoor Marketplace ("AIM"). The AIM is located at 1440 South Anaheim Boulevard in the Cit of Anaheim, Count of Orancre, State of California. The location of the AIM is depicted on the map attached hereto as as.Exhibit A and incorporated herein b this reference (the "'Propert and WHEREAS, the Propert consistin of approximatel 14-acres, is developed with a multi- tenant indoor marketplace measurin approximatel 133. s feet. The Propert is located in the C-G (General Commercial) zone. The Anaheim General Plan desi the Propert for General Commercial land uses- and Z__ 1� WHEREAS, the Plannin Commission did hold a public hearin a at the Civic Center in the Cit of Anaheim on Jul 15, 2013 at 5:00 p.m., notice of said public hearin havin been dul g iven as re b law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code ( the "Code"), to hear and consider evidence for and a said proposed conditional use permit to investi.aate and make findin and recommendaflons in connection therewith and WHEREAS, as the lead a under the California Environmental Qualit Act (Public Resources Code Section 21000 et se herein referred to as "CE QA" )., the Plannincy L , Commission finds and determines that the proposed pro is within that class of pro which consist of the repair, maintenance, andlor minor alteration of existin public or private structures or facilities, involvin ne or no expansion of use d that existin be onor at the time of this y Z-1 determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Re the proposed pro will not cause a sianificant effect on the environment and is, t' therefore, cate exempt from the provisions of "EQA; and WHEREAS,, the Plannin Commission, after due inspection, investi and StUd made b itself and in its behalf, and after due consideration of all evidence and reports offered at said hearin with respect to the re to permit an outdoor dinin area with beer and wine sales at an existin restaurant with beer and wine sales for on-premises consumption does find and determine the followin facts: PC2013-053 1. The re to permit an outdoor dinin area with beer and wine sales at an existin restaurant with beer and wine sales for on-prem* it� is es consumption in the GG (General Commercial Zone j-s properl one for which a conditional use permit is authorized b Section 18-08.030.010 ( Alcoholic Beverage Sales - On-Sale and Restaurants -Outdoor Dinin of the Code, 2. The re to allow an outdoor dinin area with beer and wine sales at an existin restaurant with beer and wine sales for on-premises consumption would not adversel affect the surroundincy land uses and the g rowth and development of the area in which it is it proposed to be located because the propert is currentl developed with a commercial center and the proposed use is compatible with the surroundin area; and 3. The size and shape of the site is ade to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safet and g eneral welfare of the public because the propert is currentl i.rnproved with an indoor marketplace with no proposed expansion; and 4. The traffic g enerated b permittin the outdoor dinin area with beer and wine sales at an existin restaurant with beer and wine sales for on-premises conSUM would not impose an undue burden upon the streets and hi desi and improved to carr the traffic in the area because the number of vehicles enterin and exitin the site are consistent with exi'stincr restaurant and permitted businesses within the indoor marketplace; and 5. The g rantin g of the conditional use permit under the conditions imposed will not be detrimental to the health and safet of the citizens of the Cit of Anaheim because the restaurant currentl exists and has proven to be compatible with the surroundinor area. L-1 NOW, THEREFORE., BE IT RESOLVED that the Plannin Commission does hereb approve Conditional Use Permit No. 2001-04439B subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein b this reference, which are hereb found to be a necessar prere to the proposed use of a portion of the Propert in order to preserve the health, safet and g eneral welfare of the citizens of the Cit of Anaheim. Extensions for further time to complete conditions of approval ma be (Yranted in accordance it with Section 18.60.170 of the Code. Timin for compliance with conditions of approval ma be amended b the Plannincy Director upon a showin of g ood cause provided (i) e tinnin Z _ is established that satisfies the ori intent and purpose of the condition ( s), ( ii) the modification complies with the Code., and (Ili) the applicant has demonstrated siornificant pro toward establishment of the use or approved development. L_ BE IT FURTHER RESOLVED,, that an amendment, modification or revocation of this permit ma be processed in accordance with Chapters 18.60.1 90 (Amendment to Permit Approval) and 18-60.200 (Cit Revocation or Modification of Permits of the Code. BE IT FURTHER RESOLVED that the Plannin Commission does hereb find and determine that adoption of this Resolution is expressl predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should an such condition, or an part thereof, be declared invalid or unenforceable b the final jLid ment of an court of competent jurisdiction, then this Resolution', and an approvals herein contained shall be deemed null and void. - 2 - PC2013-053 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed re onl to the extent that it complies with the Code and an other applicable Cit State and Federal re Approval does not include an action or findin as to compliance or approval of the re re an other applicable ordinance, re or re BE fT FURTHER RESOLVED that the applicant is responsible for pa all char related to the processin of this discretionar case application within 15 da of the issuance of the final invoice. Failure to pa all char shall result in the revocation of the approval of this appli-cation, THE FOREGOING RESOLUTION was adopted at the Plannin Commission meetin of Jul 15, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertainin to appeal procedures and ma be replaced b a Cit Council Resolution in the event of an appeal. L CHAIR, ANAHEIM CITY PLANNI 7 COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013-053 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM 1, Eleanor Morris,, Secretar of the Anaheim Cit Plannin Commission, do hereb certif that the fore resolution was passed and adopted at a meetin of the Anaheim Cit Plannin Commission held on Jul 15, 2013, b the followin vote of the members thereof. AYES: COMM ISSIONERS: AGARWAL, LIEBERMAN3, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto yet m hand this 15 da of jul 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013-053 EXHIBIT "At' D NO, 2013-00019 E PALA[ 1APN: 082-130-16 S RD IN 1031 (q rn (0 03 22 238' 730' E CERRITOS AVE F Source: Recorded Tract Maps and/or City GiS. Please note the accurac is +/- two to five feet. -5- PC2013-053 EXHIBIT c4 Y9 CONDITIONAL USE PERMIT NO, 2001-04439B (DEV2013-00019 NO. CONDITIONS OF APPROVAL REVIEW SIGNED OFF BY GLNERAL COiVDITIONS At all times when the premises is Opel) for business, the Police premises shall be maintained as a bona fide restaurant and shall Department provide a menu containin an assortment of foods normall offered in such restaurant. 2 There shall be no admission fee, cover char nor minimum Police purchase re Department 3 There shall be no exterior advertisin of an kind or t Police 0 includin advertisin directed to the exterior from within, Department promotin or indicatin the availabilit of alcoholic bevera 4 That suNect alcoholic bevera license shall not be exchan Police for a public premise (bar) t license nor shall the Department 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 dancin Police permitted on the premise at an time unless the proper permits Department fora "'special event"' have been obtained from the Cit of Anaheim. 6 Par in lots, drivewa circulation areas, aisles, passa Police recesses and g rounds contioFuous to buildin shall be provided Department with enou li to illuminate and make clearl visible the presence of an person on or about the premises durin the hours of darkness and provide a safe, secure environment for all person, propert and vehicles on site. 7 The business shall not emplo or permit an persons to solicit Police or encoura others, directl or indirectl to bu them drinks in Department the licensed premises under an commission, percenta salar or other profit-sharin plan, scheme or conspirac (Section 24200.5 Alcoholic Bevera Control Act 8 A securit plan shall be submitted to the Anaheim Police Police Department for approval prior to the patio bein opened for Department business. Securit measures shall be provided to deter unlawful conduct of emplo and patrons, promote the safe and orderl assembl and movement of persons and vehicles, and to prevent disturbances to the nei b excessive noise created b patrons enterin or leavinor the premises. -6- PC 13 -03 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY There shall be no permanent bar or .lounge in the patio area Police maintained for the purpose of sales, service, or consumption of Department alcoholic beverages directly to patrons for consumption. Alcoholic beverages must be purchased and dispersed from inside the restaurant. 1 The sale f alcoholic bevera es for off premises consum tior shall be prohibited. Police Department 11 A security guard rust be present In the patio area when the Police patio is open between 7 p.m. and the close of business, unless Department s otherwise required b y the Department of Alcoholic Beverage Control. 12 No alcohol may leave the restaurant or patio area.. Signs must Police be posted at all exits stating "No alcohol beyond this point.' Department 13 Any graffiti painted or marked upon the premises or on any Plannina adjacent area under the control of the property owned* shall be Department removed or panted over within 24 bogs of bein applied. 14 The applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents Department (collectively referred to individually and collectively as "Indemnities" ) from an and all claims, actions or proceedings brouerht a.,ninst lnde n.flees to attach, review, set aside, void, or annul the decision of the Indemnities concerning this permit or an 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 acrarnst or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 15 The property shall be permanently maintained in an orderly Code fashion through the provision of regular landscaping Enforcement maintenance, removal of trash and/or debr*s. 16 Adequate lighting of parkina lots, passageways, recesses, and Plannin grounds contiguous to buildings shall be provided with fiahting Department 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 person, property, and vehicles on -site. All exterior doors shall have their own. light source, which shall adequately illuminate door areas at all hours to make clearly -7- PC201 -o 53 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY visible the presence of an person on or about the premises and pr ovide ade illumination for persons exitin the buildin 1.7 The applicant shall install a wrou -iron fence/barn*er L-1 Pianninur surroundin the outdoor dinin area to prevent patrons from Department exitin the outdoor dinin area with alcoholic bevera and to provide a separation between the outdoor dinin area and the parkin area located on the east side of the tent. 18 The rear parkin area adjacent to the outdoor dinin area shall Plannin be for mana staff onl and the existing g ate securin that Department area shall remain closed at all times. 19 After 7:00 p.m., access to the restaurant and outdoor dinin area Planninor shall be taken from the entr doors located alon the east Department side of the buildin onl Access to interior restrooms must be maintained at all times durin restaurant operation. 20 All activities related to the use shall occur indoors, except as Code ma be permitted b an authorized Special Event Permit. Enforcement 21 No outside stora of e or furniture, other that tables Plannin and chairs, shall be permitted on the patio area. Department 22 No re parkin area shall be fenced or otherwise enclosed Code for outdoor stora Enforcement 23 The outdoor dinin area shall be operated in accordance with Plannin the Letter of Operation SUbMitted as part of this application. Department An chan to the business operation as described in the Letter of Operation shall be subject to review and approval b the Plannin Director to determine substantial conformance with the Letter of Operation and to ensure compatibilit with the surroundin uses. The da and hours of operation for the restaurant and outdoor dinin area are Wednesda throu Monda from 1.0:00 a.m. to 11:00 p.m. and closed on Tuesda The hours of operation ma be modified subject to prior review and approval b Plannin Director. 24 The premises shall be developed substantiall in accordance Planning C with plans and specifications submitted to and reviewed and Department approved b the Cit of Anaheim, which plans are on file with the Plannin Department. -8- PC 2013 -0 5 3