Resolution-PC 2014-041RESOLUTION NO. PC2014 -041
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014 -05731
AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2014- 00021)
(5655 EAST LA PALMA 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. 2014 -05731 to permit beer and wine service for on- premises consumption in
conjunction with an existing restaurant within an existing commercial retail center (the "Proposed
Project "). The commercial center is located at 5655 East La Palma Avenue in the City of
Anaheim, County of Orange, State of California. The location of the commercial center is
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property "); and
WHEREAS, the Property, consisting of approximately 4.39- acres, is developed
with a commercial retail center including four freestanding buildings. The restaurant (Curry
Out) is located at the western most building on the parcel and is approximately 2,000 square feet.
The Anaheim General Plan designates the Property for General Commercial land uses. The
Property is located in the Commercial Area (Development Area 5) of the Northeast Area
Specific Plan Area and is subject to the zoning and development standards described in Chapter
18.120 (Northeast Area Specific Plan No. 94 -1 (SP94 -1) Zoning and Development Standards) of
the Anaheim Municipal Code (the "Code ") combined with the regulations contained in Chapter
18.18 (Scenic Corridor (SC) 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 June 2, 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
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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 sale of beer and wine service for
on- premises consumption in conjunction with an existing restaurant within an existing
commercial retail center does find and determine the following facts:
1. The request to permit beer and wine service for on- premises consumption
in conjunction with an existing restaurant within an existing commercial retail center in the
Commercial Area (Development Area 5) of the Northeast Area Specific Plan Area is properly
one for which a conditional use permit is authorized by subsection .050.0522 of Section
18.120.100 (Land Use and Development Standards — Commercial Area (Development Area 5))
of the Code.
2. The request to permit beer and wine service for on- premises consumption
in conjunction with 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 retail center and the existing 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 existing 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 retail
center and there is no proposed expansion; and
4. The traffic generated by permitting beer and wine service for on- premises
consumption in conjunction with 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 Property are consistent with the existing commercial
use of the Property 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
Property is a commercial center which allows restaurant businesses and the existing restaurant is
compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014- 05731, 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 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.
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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 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.
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 2, 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 PLA ING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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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 June 2, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, PERSAUD, SEYMOUR
IN WTTNESS WHEREOF, I have hereunto set my hand this 2" day of June, 2014.
ARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A' `
DE V2014 -00021
APN: 346- 281 -06
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O 53 SOD
v Source: Recorded Tract Maps and/or City GIS.
�eac Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05731
(DEV2014- 00021)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The existing restaurant shall be operated in accordance with the
Planning Department,
Letter of Operation submitted as part of this application. Any
Code Enforcement
changes to the business operation as described in the Letter of
Division
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.
2
All activities related to the use shall occur indoors, except as
Planning Department,
may be permitted by an authorized Special Event Permit.
Code Enforcement
Division
3
There shall be no admission fee, cover charge, or minimum
Police Department
purchase required.
4
At all times when the premises is open for business, the
Police Department
premises shall be maintained as a bona fide restaurant 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 Department
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
6
That subject alcoholic beverage license shall not be exchanged
Police Department
for a public premise (bar) type license nor shall the
establishment be operated as a public premise as defined in
Section 23039 of the Business and Professions Code.
7
There shall be no entertainment, amplified music or dancing
Police Department
permitted on the premise at any time unless the proper permits
have been obtained from the City of Anaheim.
8
The business shall not employ or permit any persons to solicit
Police Department
or encourage others, directly or indirectly, to buy 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)
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NO,
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
Security measures shall be provided to the satisfaction of the
Police Department
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 prevent
disturbances to the neighborhood by excessive noise created by
patrons entering or leaving the premises.
10
Windows of restaurant shall not be covered by advertising to
Police Department
the extent that the interior is not clearly visible from the outside
to enable officers responding to potential emergency situations
to observe any activity which may be occurring inside.
11
Parking lots, driveways, circulation area, aisles, passageways,
Police Department
recesses and grounds contiguous to buildings, shall be provided
with enough lighting to illuminate and make clearly visible the
presence of any person on or about the premises during the
hours of drkness and provide a safe, secure environment for all
persons, property, and vehicles onsite.
12
Prior to the sales of alcoholic beverages, the business manager
Police Department
or owner shall call the Department of Alcoholic Beverage
Control and obtain LEAD (Licensee Education on Alcohol and
Drugs Program) Training for themselves and service
employees.
GENERAL CONDITIONS
13
The applicant shall defend, indemnify, and hold harmless the
Planning Department
City and its officials, officers, employees and agents
(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.
14
The premises shall be developed substantially in accordance
Planning Department
with plans and specifications submitted to 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).
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