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Resolution-PC 2016-018RESOLUTION NO. PC2016-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05846 TO PERMIT A TYPE 47 (ON SALE GENERAL -EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00130) (2114 EAST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05846 to permit the sales and consumption of beer, wine, and distilled spirits at a proposed new restaurant within a portion of an existing commercial center (the "Proposed Project") located at 2114 East Lincoln 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 26.86 acres in size and is currently developed with a commercial retail center. The Anaheim General Plan designates the Property for Regional Commercial 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, notice of a public hearing to be held by the Planning Commission at the Civic Center in the City of Anaheim on February 22, 2016 at 5:00 p.m., was 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. 2015-05486, and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to March 7, 2016 at 5:00 p.m.; 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 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, 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. 2015-05846, does find and determine the following: - 1 - PC2016-018 1. The proposed request to permit the restaurant with the sale and consumption of beer, wine, and distilled spirits in an existing commercial retail center 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. 2. The proposed request to permit the restaurant with the sale and consumption of beer, wine, and distilled spirits in an existing commercial retail center 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 proposed use of a portion of the Property as a restaurant is compatible with the existing uses within the commercial center and uses in the surrounding area. 3. The size and shape of the site is adequate to allow the full development of the proposed 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, no expansion to the building is proposed, and on-site parking is adequate to accommodate the new restaurant. 4. The traffic generated by permitting the restaurant with the sale and consumption of beer, wine, and distilled spirits in an existing commercial retail center 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. 5. The granting of Conditional Use Permit No. 2015-05846 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, this 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. This 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, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05846, 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- 05846 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. - 2 - PC2016-018 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 March 7, 2016. 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. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2016-018 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 March 7, 2016, by the following vote of the members thereof.- AYES: hereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2016. IN WITNESS WHEREOF, I have hereunto set my hand this 7"' day of March, P�J-Poza--J'-= SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-018 EXHIBIT "A" DEV NO. 2015-00130 - 5 - PC2016-018 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05846 (DEV2015-00130) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT RESTAURANT CONDITIONS OF APPROVAL 1 There shall be no admission fee, cover charge, nor minimum purchase Police Department required. 2 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. 3 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. 4 At all times when the premise is open for business, the premise shall be Police Department maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 5 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 premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 6 There shall be no entertainment, amplified music or dancing permitted Police Department on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 7 Security measures shall be provided to the satisfaction of the Anaheim Police Department Polices Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 8 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) - 6 - PC2016-018 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Managers/Owners need to call the Department of Alcoholic Beverage Police Department control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The number is 714-558-4101. 10 Any Graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 11 The petitioner shall be responsible for maintaining free of litter the area Police Department adjacent to the premises over which they have control, as depicted. 12 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). 13 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. 14 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. 15 The sale of alcoholic beverages for consumption off the business Police Department premises shall be prohibited. 16 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 OFAPPROVAL 17 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 - 7 - PC2016-018 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 18 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 permits 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. 19 The subject Property shall be developed, used and maintained Planning Department, substantially in accordance with plans and specifications submitted to Planning Services the City of Anaheim by the petitioner and which plans are on file with Division the Planning Department, and as conditioned herein. - 8 - PC2016-018