Resolution-PC 2014-026RESOLUTION NO. PC2014 -026
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014 -05723
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00002)
(1440 SOUTH ANAHEIM BOULEVARD — SPACE NO. 118-20)
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. 2014 -05723 to permit the on- premises sale and consumption of beer and wine at a proposed
indoor restaurant within a portion of the Anaheim Indoor Marketplace ( "AIM "), (herein referred
to as the "Proposed Project ") for that certain real property located at 1440 South Anaheim
Boulevard 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 Property, consisting of approximately 14- acres, is developed with a
multi -tenant indoor marketplace measuring approximately 133,200 square feet. The Property is
located in the C -G (General Commercial) zone. The Anaheim General Plan designates the
Property for General Commercial land uses; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 24, 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
Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for
and against proposed Conditional Use Permit No. 2014 -05723 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 on- premises sale and consumption of beer
and wine at a proposed indoor restaurant within a portion of the AIM, has determined that
Conditional Use Permit No. 2014 -05723 should be approved for the following reasons, does find
and determine the following facts:
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I. The request to permit the Proposed Project in the C -G (General Commercial)
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; and
2. The proposed conditional use permit to permit the Proposed Project, under the
conditions imposed, would not adversely affect the adjoining land uses and the growth and
development of the area because the beer and wine sales and restaurant would complement and
be compatible with existing uses in this neighborhood which consist of restaurants and retail
stores; and
3. The size and shape of the site for the use is adequate to allow the full development
of the Proposed Project in a manner not detrimental to either the particular area nor to the health,
safety and general welfare of the public because the Proposed Project complies with all
applicable development standards, including the required number of parking spaces; and
4. The traffic generated by the proposed project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets and there will be adequate parking on -site; 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 and will provide a
land use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2014 - 05723, 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 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
March 24, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60
( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
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CHAIR, ANAHEIM CIT LANNING COMMISSION
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 March 24, 2014, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of March,
2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2014 -00002
E CERRITOS AVE
v
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/_ two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014 -05723
(DEV2014- 00002)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL CONDITIONS
1
Adequate lighting of parking lots, passageways, recesses,
Planning
and grounds contiguous to buildings shall be provided
Department,
with lighting of sufficient wattage to provide adequate
Police
illumination to make clearly visible the presence of any
Department
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.
2
The managers and/or owners shall contact the
Police
Department of Alcoholic Beverage Control and obtain
Department
LEAD (Licensee Education on Alcohol and Drugs
Program) Training for themselves and service
employees. The contact number is (714) 558 -4101.
3
Security measures shall continually be provided to the
Police
satisfaction of the Anaheim Police Department to deter
Department
unlawful conduct of 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. Any security officers
provided shall comply with all State and Local ordinances
regulating their services, including, without limitation,
Chapter 11.5 of Division 3 of the California Business and
Profession Code.
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 admission fee, cover charge, nor
Police
minimum purchase required.
Department
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
6
There shall be no exterior advertising of any kind or
Police
type, including advertising directed to the exterior from
Department
within, promoting or indicating the availability of
alcoholic beverages.
7
The 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.
8
There shall be no entertainment, amplified music or
Police
dancing permitted on the premise at any time unless an
Department
Entertainment Permit is been obtained from the City of
Anaheim.
9
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).
10
The sale of alcoholic beverages for off premises
Police
consumption shall be prohibited.
Department
11
No alcohol may leave the indoor restaurant area licensed
Police
by the Department of Alcoholic Beverage Control.
Department
Patrons may not take alcohol to any outside area. Signs
shall be posted at all restaurant exits stating "No alcohol
beyond this point."
12
The restaurant shall not stay open beyond the normal
Police
operating hours of the Anaheim Indoor Marketplace.
Department
13
Any graffiti painted or marked upon the premises or on
Code
any adjacent area under the control of the property owner
Enforcement
shall be removed or painted over within 24 hours of
being applied.
14
No required parking area shall be fenced or otherwise
Code
enclosed for outdoor storage.
Enforcement
15
The Applicant shall defend, indemnify, and hold
Planning
harmless the City and its officials, officers, employees
Department
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
and agents (collectively referred to individually and
collectively as "Indemnities ") from any and all claims,
actions or proceedings brought against Indemnities 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.
16
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.
17
The premises shall be developed substantially in
Planning
accordance with the plans and specifications submitted to
Department
and reviewed and approved by the City of Anaheim,
which plan is on file with the Planning Department.
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