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Resolution-PC 2014-003RESOLUTION NO. PC2014 -003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05705 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00111) (2410 EAST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013 -05705 to permit the sale and on -site consumption of beer and wine in conjunction with a proposed restaurant within an existing building located in a commercial center at 2410 East Katella Avenue in the City of Anaheim, County of Orange, State of California. The location of the commercial center is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, consisting of approximately 2.39- acres, is developed with a with two freestanding commercial buildings measuring 14,942 square feet and a freestanding restaurant measuring 6,800 square feet. The Anaheim General Plan designates the Property for Mixed -Use land uses. The Property is subject to the zoning and development standards of the General Commercial ( "C -G ") Zone as set forth in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code "), except as otherwise specified in the Platinum Triangle Mixed -Use (PTMU) Overlay Zone set forth in Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2014 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 of the Code, to hear and consider evidence for and against said proposed conditional use permit 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 beer and wine service for on- premises consumption in conjunction with a proposed restaurant within an existing commercial center does find and determine the following facts: - 1 - PC2014 -003 1. The request to permit beer and wine service for on- premises consumption in conjunction with a proposed restaurant within an existing commercial center in the General Commercial ( "C -G ") Zone and Platinum Triangle Mixed -Use (PTMU) Overlay Zone is properly one for which a conditional use permit is authorized by Section 18.08.030.010 (Alcoholic Beverage Sales On -Sale) of the Code; 2. The request to permit beer and wine service for on- premises consumption in conjunction with a proposed 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 and there is no proposed expansion; and 4. The traffic generated by the proposed 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 the existing commercial use site and the 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 subject site is a commercial center which allows restaurant businesses and the restaurant is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013 -05705 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 a portion 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. -2- PC2014 -003 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING 17 MISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 January 13, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of January, 2014. ARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2014 -003 EXHIBIT "A" DEV NO. 2013-00111 APN: 253 - 532 -13 253 - 532 -09 5 SINCLAIR 5T F� o� F t 9` F E KATELLA AVE -4- PC2014 -003 Source: Recorded Tract Maps and/or City GIS. - .... Please note the accuracy is il- two to five feet. EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2013-05705 (DEV2013- 00111) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO FINAL OCCUPANCY 1 The premises shall be equipped with a comprehensive Police security alarm system (silent or audible) for the following Department coverage areas: perimeter building and access route protection and high valued storage areas within 120 days of this permit. A Burglary /Robbery Alarm Permit application must be completed, Form APD 516, and return it to the Police Department prior to initial alarm activation within 120 days of this permit. This form is available at the Police Department front counter, or it can be downloaded from the following web site: ht : / /www.anaheim.net/article.as ?id =678 2 All exterior doors to have adequate security hardware, Police e.g. deadbolt locks. Wide -angle peepholes or other Department viewing device should be installed in solid doors where natural surveillance is compromised and any rear utility doors. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever /turn piece within 120 days of this permit. GENERAL CONDITIONS 3 There shall be no admission fee, cover charge, or Police minimum purchase required. Department 4 At all times when the premises is open for business, the Police premises shall be maintained as a bona fide restaurant Department and shall provide a menu containing an assortment of foods normally offered in such restaurant. 5 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. 6 That subject alcoholic beverage license shall not be Police exchanged for a public premise (bar) type license nor Department shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. -5- PC2014 -003 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 7 There shall be no entertainment, amplified music or Police dancing permitted on the premise at any time unless the Department proper permits for a "special event" have been obtained from the City of Anaheim. 8 The business shall not employ or permit any persons to Police solicit or encourage others, directly or indirectly, to buy Department them 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) 9 Security measures shall be provided to the satisfaction of Police the Anaheim Police Department to deter unlawful Department conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances by excessive noise created by patrons entering or leaving the premises. 10 Windows of restaurant shall not be covered by Police advertising to the extent that the interior is not clearly Department visible from the outside to enable officers responding to potential emergency situations to observe any activity which may be occurring inside. 11 Any graffiti painted or marked upon the premises or on Planning any adjacent area under the control of the business owner Department shall be removed or painted over within 24 hours of being applied. 12 The applicant shall defend, indemnify, and hold harmless Planning the City and its officials, officers, employees and agents Department (collectively referred to individually and collectively as "Indemnities ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnities 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 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. 13 The portions of this property under control of the Code business owner shall be permanently maintained in an Enforcement -6- PC2014 -003 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY orderly fashion through the provision of regular landscaping maintenance, removal of trash and /or debris. 14 Adequate lighting of parking lots, passageways, recesses, Police/ and grounds contiguous to buildings shall be provided Planning with lighting of sufficient wattage to provide adequate Department 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 visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 15 All activities related to the use shall occur indoors, except Code as may be permitted by an authorized Special Event Enforcement Permit. 16 No required parking area shall be fenced or otherwise Code enclosed for outdoor storage. Enforcement 17 The applicant is responsible for paying all charges related Planning to the processing of this discretionary case application Department 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. 18 The restaurant shall be operated in accordance with the Planning Letter of Operation submitted as part of this application. Department Any changes to the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. 19 The premises shall be developed substantially in Planning accordance with plans and specifications submitted to Department and reviewed and approved by the City of Anaheim, which plans are on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). -7- PC2014 -003