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Resolution-PC 2016-077RESOLUTION NO. PC2016-077 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2090E AND VARIANCE NO. 2016-05075 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00071) (1160 NORTH KRAEMER BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to amend a previously -approved Conditional Use Permit No. 2090 ("CUP2090E") and Variance No. 2016-05075 to permit a restaurant with on- site sale and consumption of alcoholic beverages and accessory entertainment and to permit less parking spaces than required by the Zoning Code ("Proposed Project") for the premises located at 1160 North Kraemer Boulevard in the City of Anaheim, County of Orange, State of California. The property is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to as the "Property"); and WHEREAS, the Property is approximately 0.87 -acre in size and is currently developed with a freestanding commercial building. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located within Anaheim Canyon Specific Plan No. 2015-1 ("SP 2015-1 ") and more particularly within the Industrial Development Area (Development Area 1) thereof. As such, the Property is subject to the zoning and development standards described in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015- 1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on December 27, 1961 the then Planning Commission approved Resolution No. 185 in conjunction with Conditional Use Permit No. 188, which permitted a restaurant with a cocktail lounge; and WHEREAS, on June 2, 1980, the then Planning Commission approved Resolution No. PC80-92 in conjunction with Conditional Use Permit No. 2090, to change the existing restaurant with dancing and bar facilities to a public dancing facility in conjunction with a restaurant for a period of one (1) year, subject to review and consideration for possible extensions of time by the Planning Commission; and WHERAS, the then Planning Commission subsequently approved nine (9) time extentions in connection with Conditional Use Permit No. 2090; and WHEREAS, on September 30, 1996, the then Planning Commission did by its Resolution No. PC96-101 ("CUP2090A"), amend the conditions of approval adopted in connection with Conditional Use Permit No 2090, pertaining to operation of restaurant, on- site security, and occupancy limit of 299 persons; and WHEREAS, the Planning Commission subsequently adopted two resolutions (Nos. PC97-115, PC98-118) to reinstate for additional periods of time the public dance hall, on-site sale and consumption of alcoholic beverages, and live entertainment in conjunction with an existing restaurant; and - 1 - PC2016-077 WHEREAS, on August 2, 1999, the then Planning Commission did by its Resolution No. PC99-141("CUP2090B"), amend the conditions of approval adopted in connection with Conditional Use Permit No 2090, pertaining to obtaining building permits for the unpermitted patio area, operation of restaurant, and on-site security unifoms; and WHEREAS, on January 31, 2000, the then Planning Commission did by its Resolution No. PC2000-12 ("CUP2090C"), amended Conditional Use Permit 2090 and deleted conditions of approval for Resolution Nos.99-141, PC98-118, PC96,101, PC95-87, PC91-34, and PC80-92, in their entirety and replaced with conditions set forth in Resolution No. PC2000-12 in connection with Conditional Use Permit No 2090; and WHEREAS, on August 27, 2001, the then Planning Commission did by its Resolution No. PC2001-126 ("CUP2090D"), concluded that the use was a restaurant with on - premises sale and consumption of alcoholic beverages and public entertainment - not a public dance hall amending Conditional Use Permit 2090 to permit public entertainment and dancing accessory to an existing restaurant with sales of alcoholic beverages for on -premise consumption, and replaced conditions of approval for Resolution No. PC2001-30 in its entirety in connection with Conditional Use Permit No 2090; and WHEREAS, the then Planning Commission subsequently adopted three resolutions (Nos. PC2002-114, PC2003-129, PC2004-109, PC2005-109) to reinstate for additional periods of time the public entertainment accessory to an exsiting restaurant with sales of alcoholic beverages for on -premises consumption; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 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 amendment to Conditional Use Permit No. 2090 ("CUP2090E"), 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 (Title 14 of the California Code of Regulations; 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, 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 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 - 2 - PC2016-077 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 an amendment to Conditional Use Permit No. 2090E, does find and determine the following: 1. That the proposed use is properly one for which a conditional use permit is authorized by this code as an amendment of conditions for a conditional use permit is permitted under Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the Code. 2. That the proposed amendment to the conditional use permit 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 subject property is existing and is not adjacent to residential uses, and the proposed conditions of approval contained herein will address relevant concerns and issues to ensure that the restaurant operates responsibly. 3. The size and shape of the site for the use is adequate to allow the full development of the restaurant in a manner not detrimental to the particular area or to the health and safety because the facility is developed as a freestanding building surrounded by industrial uses and that no change in use will occur. 4. The traffic generated by the restaurant with the modification of conditions 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. 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 industrial uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, based upon a parking justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for Variance No. 2016-05075 to allow fewer parking spaces than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking_ spaces. (100 spaces required; 72spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable conditions of operation of such use because the applicant will have access to overflow off-site parking when needed that the existing on-site and off-site parking will be sufficient to accommodate the request; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property because the applicant will have access to parking spaces on the adjacent property when needed to accommodate overflow; and - 3 - PC2016-077 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 proposed use because the proposed number of parking spaces within the Property is sufficient to accommodate the proposed use on site, as determined by parking surveys conducted by staff at a comparable restaurant location, as well as a shared parking agreement permitting the restaurant to utilize parking spaces located on the adjacent property for evening hours overflow, if needed; and 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 proposed use because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. 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 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 Property; and 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. CUP2090E and Variance No. 2016-05075, 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. CUP2090E and Variance No. 2016-05075, 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 the conditions of approval as set forth in Resolution No. PC2005-150, are hereby deleted in their entirety and replaced with the conditions set forth in this resolution. - 4 - PC2016-077 BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 2090E. 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 September 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. CHAIRMAN PRO -TEMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-077 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 September 7, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CARBAJAL, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CALDWELL, DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-077 EXHIBIT "A" DEV NO. 2016-00071 U o so ioo Source: Recorded Tract Maps and/or City GIS. FO Please note the accuracy is +/- two to five feet. - 7 - PC2016-077 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2090E AND VARIANCE NO. 2016-05075 (DEV2016-00071) - 8 - PC2016-077 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO OPERATION OF RESTA URANT I 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 premises. 2 A security plan shall be submitted to the Chief of Police or his designee Police Department for approval prior to the restaurant opening for business. The business must be operated in conformance with the submitted plan unless an amendment is approved by the Planning Director in cooperation with the Police Department. 3 Final landscape plans shall be submitted for review and approval by planning and Building the Planning Director or his/her designee within thirty (30) days of this Department, resolution. Landscaping shall be installed prior to the issuance of a Certificate of Occupancy for the business. Planning Services Division 4 That the parking lot shall be re -surfaced and re -striped in Planning and Building conformance with City standards prior to the issuance of a Certificate Department, of Occupancy for the business. Planning Services Division 5 All properties used for off-site parking shall be under agreement planning and Building approved as to form by the City Attorney. The agreements shall be Department, notarized and a copy filed with the Planning Department and, further, shall specify the number and location of the off-site parking spaces and Planning Services assure that the spaces shall be accessible for parking in conjunction Division with the use for which the parking spaces are required. 6 Prior to expiration of the any shared parking agreement, the applicant planning and Building must present the City with an extended agreement or submit an Department, alternative parking arrangement to the Planning Department, subject to review by the Planning Director. If the applicant can demonstrate that Planning Services the 72 on-site spaces are sufficient , the applicant may administratively Division request to delete the requirement for a notarized parking agreement. - 8 - PC2016-077 - 9 - PC2016-077 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 7 The property owner shall submit a letter requesting the termination all Planning and Building previously approved Conditional Use Permits. Department, Planning Services Division 8 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 9 The business shall be operated in accordance with the Letter of Planning and Building Request submitted as part of this application, with the exception of the Department, occupancy which shall be limited to a maximum of 250 persons. Any Planning Services changes to the business operation, as described in that document, shall Division be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 10 The hours of operation for the restaurant shall be limited from 8:00 Planning and Building a.m. until 12:00 a.m. Monday through Wednesday and 8:00 a.m. to Department, 2:00 a.m. Thursday through Sunday. The restaurant shall be subject to Code Enforcement a one year probationary period in which the Planning Director may Division administratively approve to reduce the weekend hours to 12:00 a.m. in the event that the Police Department and/or Code Enforcement submits Police Department evidence citing significant increases in crime relating to the restaurant operating until 2:00 a.m. 11 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. 12 That subject alcoholic beverage license shall not be exchanged for a Police Department public premises (bar) type license nor shall the establishment be operated as a public premises as defined in Section 23039 of the Business and Professions Code. 13 At all times when the premises is open for business, the premises 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. - 9 - PC2016-077 - 10 - PC2016-077 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 14 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 premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 15 Prior to commencement of live entertainment, the applicant shall Police Department secure an entertainment permit. There shall be no entertainment, planning and Building amplified music or dancing permitted on the premises at any time Department, unless the proper permits have been obtained from the City of Anaheim. As stipulated by the applicant, Karaoke shall not be Planning Services permitted. Division 16 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 Profession Code. (Section 4.16.070 Anaheim Municipal Code) 17 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) 18 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. 19 Managers, owners, and wait staff need to call the Department of Police Department Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714- 558-4101. 20 There shall be no admission fee, cover charge, nor minimum purchase Police Department required. 21 Signs shall be posted inside the patio exit doors and any exit door from Police Department the restaurant stating "No alcoholic beverages allowed past this point." 22 The number of persons shall not exceed the maximum occupancy load Police Department 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) - 10 - PC2016-077 - 11 - PC2016-077 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 23 The door(s) shall be kept closed at all times during the operation of the Police Department premises except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. 24 The Petitioner(s) 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. 25 The sale of alcoholic beverages for consumption off the premises shall Police Department be prohibited. 26 Valet parking shall be limited to the spaces located on the adjacent Police Department property to the north and stacking of vehicles shall not be permitted. Prior to valet operations commencing a valet plan must be approved by the Police Department. Subject to a one year probationary period in Code Enforcement which the Police Department and/or Code Enforcement may recommend to the Planning Director that the operation of the valet parking is not compliant with the conditions of approval and subject to removal at the discretion of the Planning Director. 27 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of Police Department persons about the premises. GENERAL CONDITIONS OF APPROVAL 28 The Applicant shall defend indemnify, fy, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division 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. - 11 - PC2016-077 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 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. 30 The business premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by the Department, petitioner, which plans are on file with the Planning Department, and planning Services as conditioned herein. Division - 12- PC2016-077