Resolution-PC 2016-028RESOLUTION NO. PC2016-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVAL
OF SPECIFIC PLAN ADJUSTMENT NO. 2016-00067
(DEV2016-00007)
(8032 EAST SANTA ANA CANYON ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Specific Plan Adjustment No. 2016-00067,
which involves the modification of zoning and development standards adopted in connection
with The Festival Specific Plan Area described in Specific Plan No. 90-1 for the Festival
Regional Shopping Center ("Specific Plan No. 90-1") to conditionally permit the sale of beer
and wine for on -premises consumption in connection with food sales at the one multi-plex
cinema permitted in the Retail Commercial and Entertainment Development Area
(Development Area 2) shown as Exhibit 7 to Specific Plan No. 90-1; and
WHEREAS, the one multi-plex cinema permitted in the Retail Commercial and
Entertainment Development Area (Development Area 2) is located at 8032 East Santa Ana
Canyon Road in the City of Anaheim, County of Orange, State of California (the "Property")
within a retail commercial center known as "The Festival" and generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Property is approximately 2.64 acres in size. The Anaheim General Plan
designates the Property for Regional Commercial land uses. The Property is located within The
Festival Specific Plan Area. As such, the Property is subject to the zoning and development
standards described in Chapter 18.108 (Festival Specific Plan No. 90-1 (SP 90-1) Zoning and
Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, Specific Plan Adjustment No. 2016-00067 is proposed in conjunction with a
request for Conditional Use Permit No. 2016-05855 to permit the sale of beer and wine with a
Type 41 (On Sale Beer & Wine — Eating Place) license issued by the State of California
Department of Alcoholic Beverage Control (herein referred to as "ABC") for on -premises
consumption at the Property; and
WHEREAS, Specific Plan Adjustment No. 2016-00067 and Conditional Use Permit No.
2016-05855 shall be referred to herein collectively as the "Proposed Project"; 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, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and
the City's Local CEQA Procedure Manual, this Planning Commission has found and determined
that the effects of the Proposed Project are typical of those generated within that class of projects
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(i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no expansion
of use beyond that existing at the time of this determination, and that, therefore, pursuant to
Section 15301 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
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 18, 2016 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 the Proposed
Project 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, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and
the City's Local CEQA Procedure Manual, this Planning Commission has found and determined
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 operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no expansion
of use beyond that existing at the time of this determination, and that, therefore, pursuant to
Section 15301 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
WHEREAS, the Planning Commission, after due consideration, inspection, investigation
and study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine that Specific Plan Adjustment No. 2016-00067,
which involves the modification of zoning and development standards adopted in connection
with The Festival Specific Plan Area described in Specific Plan No. 90-1 to conditionally permit
the sale of beer and wine for on -premises consumption in connection with food sales at the
Property, is consistent with the surrounding retail and commercial uses of The Festival.
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.
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NOW, THEREFORE, BE IT RESOLVED that, on the basis of the above findings and
determinations, this Planning Commission does hereby recommend that the City Council
approve Specific Plan Adjustment No. 2016-00067 and recommends that the City Council adopt
an ordinance amending Section 18.108.040 of Chapter 18.108 of Title 18 of the Code in
accordance with Specific Plan Adjustment No. 2016-00067.
BE IT FURTHER RESOLVED that this Resolution shall not constitute an amendment to
Section 18.108.040 of Chapter 18.108 of Title 18 of the Code, or a commitment by the City to
amend said Section 18.108.040. Any such amendment shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council
at its sole discretion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 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
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 April 18, 2016, 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 18th day of April,
2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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