Resolution-PC 2018-001RESOLUTION NO. PC2018-001
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05941 TO PERMIT A TYPE 41 (ON -SALE BEER AND WINE) ALCOHOLIC
BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2417-00108)
(928 NORTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05941
to permit the sale of beer and wine with a Type 41 (On -Sale Beer and Wine) license issued by the
State of California Department of Alcoholic Beverage Control (herein referred to as "ABC") for
on -premises consumption in conjunction within an existing restaurant located at 928 North Euclid
Street, in the City of Anaheim, County of Orange, State of California. The existing restaurant is
located within a retail commercial center on real property generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, Conditional Use Permit No. 2017-05941 shall be referred to herein
collectively as the "Proposed Project"; and
WHEREAS, the Property is part of a 0.68 -acre commercial retail shopping center, which
is located within the "C -NC" Neighborhood Center land use designation of the Anaheim General
Plan. The Property is located in the "C -G" General Commercial Zone and is subject to the zoning
and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim
Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 22, 2018 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.
2017-05941 and to investigate and make findings and recommendations in connection therewith;
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
- 1 - PC2018-001
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. 2017-05941, does find and
determine the following:
1. The proposed request to permit the sale of beer and wine for on -premises consumption
in conjunction with an existing restaurant in a 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 Project 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 use of a
portion of the Property as a restaurant with incidential beer and wine sales for on-site consumption
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
Project 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
and no expansion to the building is proposed.
4. The traffic generated by permitting the sale of beer and wine for on -premises
consumption in conjunction with an existing restaurant 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 would not increase in conjunction with this request.
5. The granting of Conditional Use Permit No. 2017-05941 under the conditions imposed
will not be detrimental to the health and safety of 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2017-05941, contingent upon and subject to the conditions
of approval set forth in Exhibit B attached hereto and incorporated herein by this reference.
- 2 - PC2018-001
BE IT FURTHER RESOLVED that the conditions of approval set forth in Exhibit B
attached hereto are hereby found to be a necessary prerequisite to the proposed use of the Property
under Conditional Use Permit No. 2017-05941 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 January 22, 2018. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-3 - PC2018-001
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 January 22, 2018, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS,
LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL
2018.
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of January,
- ar'e4p-t
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2018-001
APN: 034-411-11
W FRANCIS DR
pr�
EXHIBIT "A"
DEV NO. 2017-00108
W LA PALMA AVE
390'
390'
W CATHERINE DR
W DOGWOOD AVE
Z
UJ
0
Ln W FRANCES DR
D
Z
W CATALPA DR
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
- 5 - PC2018-001
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05941
(DEV2017-00108)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS OF -APPROVAL
1
The restaurant shall be operated in accordance with the Letter of
Operation submitted as part of the application. Any changes to the
Planning and
business operation described in the Letter of Operation shall be subject
Building Department
to review and approval by the Planning Director to determine substantial
conformance with the Letter of Operation and to ensure compatibility
with the surrounding uses.
2
There shall be no admission fee, cover charge, nor minimum purchase
Police Department
required.
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.
4
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.
5
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.
6
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.
7
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.
8
Security measures shall be provided to the satisfaction of the Anaheim
Police Department
Police Department to prevent disturbances to the nearby neighborhood.
- 6 - PC2018-001
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
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)
10
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.
11
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.
12
The petitioner(s) shall be responsible for maintaining free of litter the
Police Department
area adjacent to the premises over which they have control, as depicted.
13
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)
14
The door(s) shall be kept closed at all times during the operation of the
Police Department
business except in cases of emergency. Said door(s) not to consist solely
of a screen or ventilated security door.
15
The business owner 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.
16
The sale of alcoholic beverages for consumption off the premises shall
Police Department
be prohibited.
17
The owner shall police the area under their control in an effort to prevent
Police Department
the loitering of persons about the premises.
- 7 - PC2018-001
18
The applicant shall be responsible for maintaining the area adjacent to
Planning and Building
the premises over which they have control, in an orderly fashion through
Department,
the provision of regular maintenance and removal of trash or debris. Any
Code Enforcement
graffiti painted or marked upon the premises or on any adjacent area
Division
under the control of the licensee shall be removed or painted over within
24 hours of being applied.
19
Within 90 days of conditional use permit approval, the applicant shall
Planning and Building
remove or obtain sign permits for all unpermitted signs, including the
Department,
existing roof/pole sign.
Planning Services
Division
20
Within 30 days of conditional use permit approval, new landscape
Planning and Building
material (shrubs and ground cover) shall be planted within the landscape
Department,
planter adjacent to the building along Euclid Street. The restored
Planning Services
landscaping shall be provided with proper irrigation and maintained in
Division
perpetuity in compliance with Condition No. 18 above.
GENERAL CONDITIONS OFAPPROVAL
21
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 "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review,
Division
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 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.
23
The subject Property shall be developed, used and maintained
Planning and Building
substantially in accordance with plans and specifications submitted to
Department,
the City of Anaheim by the petitioner and which plans are on file with
Planning Services
the Planning Department, and as conditioned herein.
Division
- 8 - PC2018-001