Resolution-PC 2015-088 RESOLUTION NO. PC2015-088
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AMENDMENTS TO
CONDITIONAL USE PERMIT NO. 1704 AND CONDITIONAL USE PERMIT NO. 4053
AND APPROVING VARIANCE NO. 2015-05034
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00093)
(2626-2628 WEST LA PALMA AVENUE)
WHEREAS, on May 9, 1977, the Planning Commission of the City of Anaheim
(hereinafter referred to as the "Planning Commission") approved Conditional Use Permit No.
1704 to permit the sale of beer and wine for on-site consumption at a restaurant located at 2626
West La Palma Avenue in the City of Anaheim, County of Orange, State of California. The
restaurant was located in a portion of a retail commercial center located at 2618-2636 West La
Palma Avenue. The retail commercial center is generally depicted on the map attached hereto as
Exhibit A and incorporated herein by this reference (the"Property"); and
WHEREAS, on September 3, 1998, the City's Zoning Administrator approved
Conditional Use Permit No. 4053 for the sale of beer and wine for on-site consumption at a
restaurant located in a portion of the Property at 2628 West La Palma Avenue in the City of
Anaheim. Included as a part of the approval of Conditional Use Permit No. 4053 was the grant
of a waiver of the minimum number of parking spaces on the basis that a certain number of
parking spaces were then available for use but which were not located on the Property; and
WHEREAS, the Planning Commission did receive a verified petition for an amendment
to Conditional Use Permit No. 1704, designated as Conditional Use Permit No. 1704A, to
expand an existing full service restaurant at 2626 West La Palma Avenue into the space at 2628
West La Palma Avenue, which latter space was previously operated as a restaurant under
Conditional Use Permit No. 4053 and is now vacant. The petition for an amendment to
Conditional Use Permit No. 1704 also includes a request for an amendment to Conditional Use
Permit No. 4053 to permit the sale of beer, wine and distilled spirits for consumption on the
combined restaurant premises; and
WHEREAS, the Planning Commission did receive a petition to permit fewer parking
spaces than required by the Zoning Code for the entire retail commercial center, designated as
Variance No. 2015-05034; and
WHEREAS, the amendments to Conditional Use Permit No. 1704 and Conditional Use
Permit No. 4053 and Variance No. 2015-05034 shall be referred to herein collectively as the
"Proposed Project"; and
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WHEREAS, the Property, consisting of one parcel with a site area of 0.72 acres, is
currently developed with an approximate 11,200 square foot commercial building. The Anaheim
General Plan designates the Property for "C-NC" Neighborhood Commercial land uses. The
Property is located in the "C-G" General Commercial Zone, meaning that the regulations
contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (herein
referred to as the"Code") shall apply; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 2, 2015 at 5:00 p.m. and 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 the proposed
amendments to Conditional Use Permit 1704 and Conditional Use Permit No. 1704 and Variance
No. 2015-05034 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 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. Since the Proposed Project consists of the expansion
of an existing full service restaurant within an existing commercial retail center with sales of
beer, wine and distilled spirits for on-site consumption, 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 pertaining to the request for amendments to Conditional Use Permit 1704 and
Conditional Use Permit No. 4053 to expand an existing full service restaurant within an existing
commercial retail center with sales of beer, wine and distilled spirits for on-site consumption,
should be approved for the following reasons:
1. The request to permit the expansion of an existing full service restaurant with
sales of beer, wine and distilled spirits for on-site consumption is an allowable use within the "C-
G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter
18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and
development standards of the "C-G" General Commercial Zone; and
2. That the Proposed Project will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located because the alcoholic
beverage sales and consumption will be incidental to the restaurant use; and
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3. That the size and shape of the site proposed for the Proposed Project is adequate
to allow the full development of the proposed use, in a manner not detrimental to either the
particular area or health and safety; and
4. That 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
5. That the granting of the conditional use permit under the conditions imposed, if
any,will not be detrimental to the health and safety of the citizens of the City of Anaheim.
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 Variance No. 2015-05034 to allow fewer parking
spaces than required by the Code for the whole retail commercial center, should be approved for
the following reasons:
SECTION NO. 18.42.040 Minimum Number of Parking Spaces.
(68 spaces required: 52 spaces provided)
1. The requested parking variance is hereby approved because the Proposed Project,
together with the balance of the uses at the Property, will not cause fewer off-street parking
spaces to be provided for the proposed and existing uses than the number of spaces necessary to
accommodate all businesses on the Property. Based upon a parking analysis submitted by the
applicant, the existing 52 on-site parking spaces can accommodate all vehicles attributable to all
uses within the retail commercial center under the normal and reasonably foreseeable conditions
of operation each and all of the uses.
2. The requested parking variance will not increase the demand and competition for
parking spaces upon the public streets in the immediate vicinity of the Property. A parking
analysis prepared by the applicant was submitted to justify the requested variance. The analysis
observed the number of spaces occupied at the Property over a period of two days. The parking
demand for the expanded restaurant operation was observed between 12:30 p.m. and 1:30 p.m.
on a Saturday and a Sunday, and between 7:00 p.m. and 8:00 p.m. on a Saturday. A maximum
of 15 spaces were occupied during the peak hours for the entire Property between 7:00 p.m. and
8:00 p.m., and an average of 13 spaces were occupied during both days. The analysis also
includes the hours of operation for each business; these businesses have varying days and hours
of operation.
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the Property in that the applicant has provided an analysis with photographs of the
Property during peak hours which show that a majority of the parking stalls were not used.
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the Property because the 52
on-site parking spaces can accommodate all vehicles attributable to all businesses on the
Property.
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5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the Property in that assessments taken on-site during peak hours have shown that additional
parking remains available. Therefore, the proposed expansion of the restaurant use, together
with the existing businesses within the Property, will not increase the demand and competition
for parking spaces upon the public streets and in the immediate vicinity.
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 amendments to Conditional Use Permit 1704 and Conditional Use Permit No.
4053 and Variance No. 2015-05034, 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 the conditions of approval described in Exhibit B
hereto shall supersede any conditions of approval approved by the Planning Commission and the
Zoning Administrator in connection with Conditional Use Permit 1704 and Conditional Use
Permit No. 4053, respectively. All references to conditions of approval for Conditional Use
Permit 1704 and Conditional Use Permit No. 4053 shall be to the conditions of approval attached
to this Resolution as Exhibit B, which shall control and govern Conditional Use Permit 1704 and
Conditional Use Permit No. 4053, as amended by this Resolution, and Variance No. 2015-05034.
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 November 2, 2015. Said Resolution is subject to the appeal provisions set forth in
Section 18.60.130 (Appeals—Planning Commission Decisions) of 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.
�O
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CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 2, 2015, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, HENNINGER, LIEBERMAN,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: DALATI, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November,
2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "Art
DEV NO. 2015-00093
APN: 070-191-23
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Please note the accuracy is+/-two to five feet.
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EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 1704 AND
CONDITIONAL USE PERMIT NO. 4053 AND
VARIANCE NO. 2015-05034
(DEV2015-00093)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1. Any graffiti painted or marked upon the business premises or on any Planning and Building
adjacent area under the control of the business owner shall be removed Department,
or painted over within 24 hours of being applied or discovered by the Code Enforcement
business owner. Division
2. The business shall be operated in accordance with the Letter of Request Planning and Building
submitted as part of this application. Any changes to the business Department,
operation, as described in that document, shall be subject to review and Planning Services
approval by the Planning Director to determine substantial Division
conformance 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. 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.
5. 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).
6. 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.
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
7. There shall be no admission fee, cover charge, or minimum purchase Police Department
required of any patron of the business premises.
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.
9. At all times when the business premises are 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.
10. Parking lots, driveways, circulation areas, aisles, passageways, recesses Police Department
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.
11. 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.
12. 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.
13 The business owner 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.
14. The sale of alcoholic beverages for consumption off the business Police Department
premises shall be prohibited.
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
15. The hours of operation for the business shall be limited to: Police Department
Sunday through Thursday: Close by 10:00 p.m.
Friday through Saturday: Close by 12:00 a.m. (midnight)
Hours of operation may be modified subject to the approval of an
Entertainment Permit.
GENERAL CONDITIONS OFAPPROVAL
16. The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building
its officials, officers, employees and agents (collectively referred to Department,
individually and collectively as "Indemnities") from any and all claims, Planning Services
actions or proceedings brought against Indemnities to attack, review, Division
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.
17. The applicant is responsible for paying all charges related to the Planning and Building
processing of this discretionary case application within 30 days of the Department,
issuance of the final invoice or prior to the issuance of building permits Planning Services
for this project, whichever occurs first. Failure to pay all charges shall Division
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
18. The subject Property shall be developed substantially in accordance Planning and Building
with plans and specifications submitted to the City of Anaheim by the Department,
petitioner and which plans are on file with the Planning Department, Planning Services
and as conditioned herein. Division
19. Exceeding, violating, intensifying or otherwise deviating from any of Planning and Building
the assumptions as contained in the parking demand study/parking Department,
justification letter shall be deemed a violation of the express conditions Planning Services
imposed upon the variance, which shall subject the variance to Division
revocation or modification pursuant to the provisions of Section
18.60.200 (City-Initiated Revocation or Modification of Permits).
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