Resolution-PC 2015-035RESOLUTION NO. PC2015 -035
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015 -05781
AND VARIANCE NO. 2015 -05013 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2015- 00009)
(605 -607 NORTH EUCLID AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve (i) Conditional Use Permit No. 2015-
05781 to permit a restaurant with sales of alcoholic beverages for on- premises consumption,
and (ii) Variance No. 2015 -05013 to allow fewer parking spaces than required by the
Anaheim Municipal Code (the "Code ") (collectively referred to herein as the "Proposed
Project ") for premises located at that certain real property at 605 -607 North Euclid Avenue 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 is approximately 10.5 acres in size and is currently
developed with an commercial retail center. The Anaheim General Plan designates the
Property for Regional Commercial land uses. The Property is located in the General
Commercial Zone and is subject to the zoning and development standards of Chapter 18.08
(Commercial Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 4, 2015 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 (Procedures) of the Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2015 -05781 and Varaince No. 2015- 05013, 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 — 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 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 for Conditional Use Permit No. 2015-
05781, does find and determine the following:
1. The request for a conditional use permit to permit a restaurant with sales of
alcoholic beverages for on- premises consumption is properly one for which a
conditional use permit is authorized by Code Section No 18.08.030.040.0402,
subject to the imposition of conditions of approval.
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2. The conditional use permit, under the conditions imposed, will not adversely
affect the surrounding land uses and the growth and development of the area
because the Property is developed with a commercial retail center and the
Proposed Project will occupy space previously occupied by a restaurant and
retail tenant.
3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health,
safety and general welfare.
4. The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area
because the commercial retail center was designed for restaurant and retail
traffic and that the traffic associated with the proposed restaurant is similar to
the traffic associated with the previous restaurant and retail tenants.
5. The granting of Conditional Use Permit No. 2015 -05781 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.
WHEREAS, based upon the parking justification letter submitted by the applicant,
previous parking studies conducted on the property in recent years, and observations made by
staff, the Planning Commission does further find and determine that the request for a variance
for less parking than required by the Code should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(895 spaces required; 683 spaces proposed)
1. Based, in part, upon a review of the findings of a parking justification analysis
submitted by the applicant, previous parking studies conducted on the
property in recent years, and observations made by staff, that the variance,
under the conditions imposed, will not cause fewer off - street parking spaces
to be provided for the proposed use than the number of such spaces necessary
to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use because the
number of spaces required for this use is comparable to the number of spaces
required for retail uses in the center and the studies and observations indicate
that there enough parking spaces to accommodate this request;
2. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate
vicinity of the proposed use because the on -site parking will adequately
accommodate the peak parking demands of the proposed resstaurant;
3. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private property in the
immediate vicinity of the proposed use because the on -site parking for the
commercial retail center will adequately accommodate peak parking demands
of the use on the site;
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4. That the variance, under the conditions imposed, will not increase traffic
congestion within the off - street parking areas or lots provided for the
proposed use because the project site provides adequate ingress and egress
points to the property and are designed to allow for adequate on -site
circulation; and
5. That the variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the
immediate vicinity of the proposed use because the project site has existing
ingress or egress access points that are designed to allow adequate on -site
circulation and, therefore, will not impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the
industrial property.
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. No. 2015 -05781 and Variance No. 2015- 05013,
contingent upon and subject to the conditions of approval set forth 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 under Variance No. 2015 -05013 and
Conditional Use Permit No. 2015 -05781 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 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 May 4, 2015. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
IAN, PLANNIN MISSION
CITY OF ANA
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 May 4, 2015 by the following vote of
the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 4 th day of May, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT " A "
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
VARIANCE NO. 2015-05013
CONDITIONAL USE PERMIT NO. 2015-05781
(DEV2015- 00009)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1 '
All requests for new water services or fire lines, as well as any
Public Utilities
modifications, relocations, or abandonments of existing water
Department, Water
services and fire lines, shall be coordinated through the Water
Engineering Division
Engineering Division of the Anaheim Public Utilities Department.
2.
Any graffiti painted or marked upon the premises or on any adjacent
Planning Department,
area under the control of the business owner shall be removed or
Code Enforcement
painted over within 24 hours of being applied.
Division
3.
The building shall be equipped with a comprehensive security alarm
Police Department,
system (silent or audible) for the following coverage areas:
Planning & Research
• The perimeter of the building an access route protection
Unit
• High valued storage areas
• Robbery panic alarm for cashier(s)
4.
The applicant shall complete a Burglary /Robbery Alarm Permit
Police Department,
application, Form APD 516, and return it to the Police Department
Planning & Research
prior to initial alarm activation. This form is available at the Police
Unit
Department front counter, or it can be emailed to applicant by
contacting Officer Budds at mbudds@anaheim.net
5.
Adequate lighting of parking lots, passageways, recesses, and grounds
Police Department,
contiguous to buildings shall be provided with lighting of sufficient
Planning & Research
wattage to provide adequate illumination to make clearly visible the
Unit
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.
6.
There shall be no admission fee, cover charge,
Police Department
nor minimum purchase required.
7.
There shall be no exterior advertising of any kind or type, including
Police Department
advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages.
8.
That 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.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
9.
At all times when the premise is open for business, the premise shall
Police Department
be maintained as a bona fide restaurant and shall provide a menu
containing an assortment of foods normally offered in such restaurant.
10.
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.
11.
Security measures shall be provided to the satisfaction of the
Police Department
Anaheim Police Department and to prevent disturbances to the
neighborhood by excessive noise created by patrons entering or
leaving the premises.
12.
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. (Section 24200.5 Alcoholic
Beverage Control Act).
13.
Managers I Owners need to 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 number is 714 -558 -4101.
14.
The number of persons shall not exceed the maximum occupancy
Police Department
load as determined by the Anaheim Fire Department. Signs
indicating the occupant load shall be posted in a conspicuous place on
an approved sign near the main exit from the room. (Section
25.114(a) Uniform Fire Code).
15.
The door(s) shall be kept closed at all times during the operation of
Police Department
the premises except in cases of emergency. Said door(s) not to consist
solely of a screen or ventilated security door.
16.
The applicant shall post and maintain a professional quality sign
Police Department
facing the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block
lettering. The sign shall be in English and Spanish.
17.
The sale of alcoholic beverages for consumption off the premises
Police Department
shall be prohibited.
18.
The applicant shall police the area under their control in an effort to
Police Department
prevent the loitering of persons about the premises.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL CONDITIONS OFAPPROVAL
19.
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department,
and its officials, officers, employees and agents (collectively
Planning Services
referred to individually and collectively as "Indemnitees ") from any
Division
and all 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.
20.
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.
21.
The subject Property shall be developed substantially in accordance
Planning Department,
with plans and specifications submitted to the City of Anaheim by
Planning Services
the petitioner and which plans are on file with the Planning
Division
Department, and as conditioned herein.
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