Resolution-PC 2014-096RESOLUTION NO. PC2014 -096
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014 -05760 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00094)
(2420 EAST KATELLA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ")
did receive a verified petition for Conditional Use Permit No. 2014 -05760 to allow the on -site
consumption of beer and wine in a new restaurant (herein referred to as the "Proposed Project ")
on that certain real property located at 2420 East Katella Avenue in the City of Anaheim, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property "), pursuant to Section 18.60.090 of the Anaheim Municipal Code
( "Code "); and
WHEREAS, the Property is approximately 2.0 acres in size and is developed with an 8-
unit commercial center. The Land Use Element of the Anaheim General Plan designates the
Property for Mixed Use land uses. The Property is located within the "C -G" (General
Commercial) Zone. As such, the Property is subject to the zoning and development standards
described in Chapter 18.08 (General Commercial Zone) of the Anaheim Municipal Code (the
"Code "); and
WHEREAS, on November 3, 2014, the Planning Commission did hold a public hearing
at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given
in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and
consider evidence for and against proposed Conditional Use Permit No. 2014- 05760, 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 (i.e.,
Class 1 â Existing Facilities) 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 (Class 1 â Existing Facilities) 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
PC2014 -096
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 pertaining to the request for Conditional Use Permit No. 2014 - 05760, does find and
determine the following facts:
1. The request to permit beer and wine service for on- premises consumption
in conjunction with a new restaurant in an existing commercial retail center in the Commercial
Zone is properly one for which a conditional use permit is authorized by Code Section No.
18.08.030 [Uses â Commercial Zones)] of the Code.
2. The request to permit beer and wine service for on- premises consumption
in conjunction with a 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 a 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.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 2014 -05760 at the Property, 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, (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 Conditional Use Permit No. 2014 -05760 is approved
without limitations on the duration of the use. Amendments, modifications and revocations of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2014 -05760
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.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 3, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
=
CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on November 3, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of November,
2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00094
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o0o Source: Recorded Tract Maps and /or City GIS.
Fât Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05760
(DEV2014- 00094)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The managers and /or owners shall call the Department of Alcoholic
Police Department
Beverage Control and obtain LEAD (Licensee Education on Alcohol
and Drugs Program) Training for themselves and service employees.
The contact number is 714 -558 -4101.
2
The activities occurring in conjunction with the operation of this
Police Department
establishment shall not cause noise disturbances to surrounding
properties.
3
All activities related to the use shall occur indoors, except as may be
Planning Department,
permitted by an authorized Special Event Permit.
Code Enforcement
Division
4
There shall be no admission fee, cover charge, or minimum purchase
Police Department
required.
5
At all times when the premises is open for business, the premises
Police Department
shall be maintained as a bona fide restaurant and shall provide a
menu containing an assortment of foods normally offered in such
restaurant.
6
There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages.
7
The existing restaurant shall be operated in accordance with the
Planning Department,
Letter of Operation submitted as part of this application. Any
Planning Services
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.
8
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. 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.
9
The sale of alcoholic beverages for consumption off the premises
Police Department
shall be prohibited.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
The occupancy shall not exceed the lesser of (i) the occupancy limit
Police Department,
for the premises established by the Anaheim Fire Department or (ii)
Fire Department
an occupancy limit established as a condition of the permit approved
pursuant to this chapter, or any zone variance issued pursuant to Title
18 of this Code. Signs indicating the occupant load shall be posted in
a conspicuous place on an approved sign near the main exit(s) from
the room(s).
11
The business shall not employ or permit any persons to solicit or
Police Department
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.
12
The managers and /or owners shall not share any profits, or pay any
Police Department
percentage or commission to a promoter or any other person, based
upon monies collected as a door charge, cover charge, or any other
form of admission charge, including minimum drink orders, or the
sale of drinks.
13
Subject alcoholic beverage license shall not be exchanged for a
Police Department
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.
14
Adequate lighting of parking lots, passageways, recesses, and
Police Department
grounds contiguous to buildings shall be provided with lighting 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 visible the presence of any person on or
about the premises and provide adequate illumination for persons
exiting the building.
15
There shall be no entertainment, amplified music, loitering, or
Police Department
dancing permitted outside of the building. No entertainment shall be
allowed on the premises unless the business owner first obtains an
Entertainment Permit.
16
Windows of restaurant shall not be covered by advertising to the
Police Department
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. At no time shall window
signs exceed 10% of the window area, in compliance with the Zoning
Code.
17
No required parking area shall be fenced -off or otherwise enclosed
Planning Department,
for outdoor storage uses.
Code Enforcement
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
18
The managers and /or owners shall be responsible for maintaining the
Planning Department,
area adjacent to the premises over which they have control, in an
Code Enforcement
orderly fashion through the provision of regular maintenance and
Division
removal of trash or debris. Any graffiti painted or marked upon the
premises or on any adjacent area under the control of the licensee
shall be removed or painted over within 24 hours of being applied.
GENERAL CONDITIONS
19
The Applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building
Division
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.
20
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department,
and its officials, officers, employees and agents (collectively referred
Planning Services
to individually and collectively as "Indemnitees ") from any and all
Division
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 Indemnitees in connection with
such proceeding.
21
The property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning Department
Division
and as conditioned herein.
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