Resolution-PC 2015-057RESOLUTION NO. PC2015-057
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05805
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00059)
(2002 EAST LINCOLN 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-
05805 to permit the sales and consumption of alcoholic beverages at a restaurant with an
outdoor patio within a portion of an existing commercial retail center (collectively referred to
herein as the "Proposed Project") for premises located at 2002 East Linclon 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; and
WHEREAS, the premises is located within a commercial retail center
approximately 27.3 acres in size (the "Property"). The Anaheim Genreral Plan designates the
Property for Regional Commercial land uses. The Property is located in the "C -G"
Commercail Zone and is, therefore, subject to the zoning and development standards set forth
in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code ("Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 24, 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. 2015-05805, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to
as "CEQA"), the State of California Guidelines for Implementation of the California
Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's
Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and
consideration of environmental documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's
Local CEQA Procedure Manual, the Planning Commission finds and determines that the
effects of the Proposed Project are typical of those generated within those classes of projects
which involve negligible or no expansion of an existing use [i.e., Section 15301 (Existing
Facilities)]. Therefore, pursuant to Section 15301 (Existing Facilities) of the CEQA
Guidelines, 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 for Conditional Use Permit No. 2015-
05811, does find and determine the following:
1. The proposed restaurant with the sales and consumption of alcoholic
beverages is properly one for which a conditional use permit is authorized under 18.08.030.
2. The proposed conditional use permit to permit alcoholic beverages within a
restaurant and outdoor patio, as conditioned herein, would not adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed to be located
because the restaurant would be located within a small tenant of an existing commercial retail
center surrounded by compatible buildings and uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the restaurant and outdoor patio in a manner not detrimental to the particular
area or to the health and safety because the facility would be located within an commercial
retial center building that is surrounded by other commercial use land uses.
4. The traffic generated by the restaurant with alcoholic beverages and
outdoor patio 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 adequate parking will
be provided to accommodate the use.
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 as the
proposed land use will continue to be integrated with the surrounding retial use area and
would not pose a health or safety risk to the citizens of the City of Anaheim.
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 the Planning Commission does
hereby approve Conditional Use Permit No. No. 2015-05805, 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
that portion of the Property for which Conditional Use Permit No. 2015-05805 is applicable 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.
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 August 24, 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.
HA MAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
,, 6/_ -,: �, � / n.. , ,
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 August 24, 2015 by the following vote
of the members thereof.
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of August, 2015.
_ '0"---1
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV N4. 2015-00059
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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"
CONDITIONAL USE PERMIT NO. 2015-05805
(DEV2015-00059)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1 '
Any graffiti painted or marked upon the business premises or on any
Planning & Building
adjacent area under the control of the business owner shall be removed
Department, Code
or painted over within 24 hours of being applied or discovered by the
Enforcement Division
business owner.
2.
The business shall be operated in accordance with the Letter of
planning & Building
Request submitted as part of this application. Any changes to the
Department, Planning
business operation, as described in that document, shall be subject to
Services Division
review and approval by the Planning Director to determine substantial
confonnance with the Letter of Request and to ensure compatibility
with the surrounding uses.
3.
There shall be no exterior advertising or sign of any kind or type,
Police Department
including advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages. Interior displays of
alcoholic beverages or signs which are clearly visible to the exterior
shall constitute a violation of this condition.
4.
Security measures shall be provided to the satisfaction of the Anaheim
Police Department
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 business
premisess.
5.
Any and all security officers provided shall comply with all State and
Police Department
Local ordinances regulating their services, including, without
limitation, Chapter 11.5 of Division 3 of the California Business and
Professions Code. (Section 4.16.070 Anaheim Municipal Code).
6.
Petitioner shall not share any profits, or pay any percentage or
Police Department
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.
7.
There shall be no entertainment, amplified music or dancing permitted
Police Department
in, on or at the business premises at any time unless the proper permits
have been obtained from the City of Anaheim.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
8.
The number of persons occupying the premises shall not exceed the
Police Department
maximum occupancy 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).
9.
There shall be no amplified music in the patio area.
Police Department
10.
Managers, owners, and wait staff need to call the Department of
Police Department
Alcoholic Beverage Control and Police Department obtain LEAD
(Licensee Education on Alcohol and Drugs Program) Training. The
contact number is 714-558-4101.
11.
There shall be no admission fee, cover charge, or minimum purchase
Police Department
required of any patron of the business premises.
12.
The patio must be fenced and fully enclosed in accordance with plans
Police Department
and specifications submitted to and approved by the City. If there is a
pedestrian gate, it must be self-closing and have a sign posted on the
interior that reads "No alcohol beyond this point."
13.
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.
14.
At all times when the business premises is open for business, the
Police Department
business premises shall be maintained as a bona fide restaurant and
shall provide a menu containing an assortment of foods normally
offered in such restaurant.
15.
Parking lots, driveways, circulation areas, 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 business premises during the hours of
darkness and provide a safe, secure environment for all persons,
property, and vehicles onsite.
16.
The petitioner(s) shall be responsible for maintaining free of litter the
Police Department
area adjacent to the business premises over which they have control, as
depicted on the plans submitted to and approved by the City.
17.
The door(s) shall be kept closed at all times during the operation of the
Police Department
business premises except in cases of emergency. Said door(s) shall not
consist of a screen or ventilated security door.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
18.
The Petitioner(s) shall post and maintain a professional quality sign
police Department
facing the business 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.
19.
The sale of alcoholic beverages for consumption off the business
Police Department
premises shall be prohibited.
20.
Petitioner(s) shall police the area under their control in an effort to
Police Department
prevent the loitering of persons about the business premises.
GENERAL CONDITIONS OF APPROVAL
21.
The Applicant shall defend, indemnify, and hold harmless the City and
Planning & Building
its officials, officers, employees and agents (collectively referred to
Department, Planning
individually and collectively as "Indemnitees") from any and all
Services 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.
22.
The applicant is responsible for paying all charges related to the
Planning & Building
processing of this discretionary case application within 30 days of the
Department, Planning
issuance of the final invoice or prior to the issuance of building permits
Services Division
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.
23.
The business premises shall be developed substantially in accordance
Planning & Building
with plans and specifications submitted to the City of Anaheim by the
Department, Planning
petitioner, which plans are on file with the Planning Department, and
Services Division
as conditioned herein.
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