Resolution-PC 2007-23• •
RESOLUTION NO. PC2007-23
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2007-05185 BE GRANTED
(125 NORTH STATE COLLEGE BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF LOT 7.01 "ANAHEIM EXTENSION" IN THE CITY OF
ANAHEIM, 'AS SNOWN ON A MAP OF SURVEY BY WILLIAM HAMEL,
ACKNOWLEDGED BY ALFRED ROBINSON, TRUSTEE, RECORDED IN LOS
ANGELES COUNTY, CAUFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF
LAND CONVEYED TO FRED O. THOMPSON AND ETHEL THOMPSON, BY
DEED RECORDED DECEMBER 2, 1944, IN BOOK 1286, PAGE 419,
OFFICIAL RECORDS SAID PO{NT BEING LOCATED ON THE CENTER LINE
OF PLACENTIA AVENUE, AT A POINT 213.00 FEET NORTH 00 OT 30" EAST
FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER
LINE OF EAST CENTER STREET, RUNNING THENCE NORTH 0° OT 30"
EAST 86.03 FEET ALONG SAID CENTER LINE TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 81° 19' 30" WEST 357.13 FEET TO A POINT
IN THE WEST LINE OF. SAID PARCEL, SAID POINT BEING ALSO NORTH
12° 08' WEST 85 FEET FROM THE SOUTHWEST CORNER OF SAID
PARCEL; THENCE NORTH 12° 08' WEST 81.63 FEET ALONG SAID WEST
LINE TO A POINT THENCE NORTH 770 52' 20" EAST 377, 80 FEET TO A
POINT IN THE EASTERLY LINE OF SAID PARCEL ALSO THE CENTER LINE
OF PLACENTIA AVENUE; THENCE SOUTH 0 07' 30" WEST 105.23 FEET
ALONG THE EASTERLY LINE OF SAID PARCEL TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE PORTION INCLUDED IN PUBLIC HIGHWAY
ALONG THE EAST SIDE.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 19, 2007, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection; investigation and study made by itself
and in its beha{f, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed request to construct a walk-up window to an existing restaurant and
public dance facility with on-premises sales and consumption of alcoholic beverages is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402
(Restaurants - Walk Up).
2. That proposed walk-up window as conditioned herein would not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located as the
hours for the take-out window would be limited to reduce any potential conflicts between the walk-up
component and the public dance halL ,
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3. That the size and shape of the site for the use is adequate to allowthe full development of
the proposed use in a manner not detrimental to the health and safety of the citizens of the City of Anaheim
and will provide a land use that is compatible with the surrounding area.
4. 7hat no one indicated their presence at said public hearing in opposition and one (1) person
indicated their presence at said public hearing in favor; and that no correspondence was received in
opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING The Planning staff has
determined that the proposed project falls within the definition of Categorical Exemptions; Section 15301,
Class1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
Prior to issuance of a buildinq permit or within a period of one (11 vear from the date of this
'resolution whichever occurs first the followina conditions shall be complied with;
1. That only one (1) walk up window shall be permitted and that no accessory equipment for cooking or
food service or displays shall be permitted outdoors in conjunction with this approval.
2. That the landscape planter adjacent to State College Boulevard shall be planted with minimum three
(3) foot high shrubs. '
3. That the outdoor seating shall be limited to ten (10) seats unless a parking waiver is granted to
permit the additional seats.
4. That the plans submitted for building permits shall include the re-paving and re-striping of the parking
area. The plan shall be submitted to the Planning Services Division for review and approvaL
5. That adequate lighting shall be provided to the satisfaction of the Police Department for the parking
lots, driveway, circulation areas, recesses and grounds contiguous to buildings with lighting of
sufficient wattage to provide adequate illumination to make clearly visibie 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 on-site. A photometric plan sha11 be submitted to demonstrate the
lighting provided and said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approval. Any decision of the Police Department may be
appealed to the Planning Commission as a"Reports and Recommendations" item.
Prior to final buildinq and zonina inspections the followinq conditions shall be complied with:
6. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit No. 1 and as conditioned herein.
General Conditions:
7. That subject use permit shall expire one (1) year from the date of this resolution, on March 19, 2008.
8. That the use of the walk-up window shall only be permitted no later than 9 p.m. daily.
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9. That the property,owner shall pay the cost of Community Preservation Division inspections on a
quarterly basis for'the duration of this permit, or as deemed necessary for the City's Community
Preservation to gain andior maintain compliance with State and 1oca1 staiutes, ordinances, laws or
regulations.
10. That alcoholic beverages shall not be sold through the walk-up window and the operator shall ensure
that customers are not consuming alcohol within tlie outdoor seating area without approval from the
City through the amendment of this permit.
11. That the owner of subject property shall be responsible for the removal of any on-site graffiti within
twenty-four (24) hours of discovery. ,
- 12. That there shall be no public telephones on the premises located outside the building.
13. That no outdoor vending machines that are visible to the public right-of-way shall be permitted on the
property.
14. That trash' bins or barrels shall be stored outside of public view and all trash generated from the
facility shall be properly contained in trash bins contained within approved trash enclosures:
15. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
applicant. Any additional signage shall be subject to approval by the Planning Department.
16. That all_debris in the parking areas and around the building shall be removed immediately and the
property shafl be maintained free of litter at all times.
17. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning 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.
18. That timing for compliance with conditions of approval may be amended by the Planning Direction
upon a showing of good cause provided (i) equivalent timing is established that satisfies the original
intent and purpose of the conditions(s), (ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that the Anaheim 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. Shoufd 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 the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or :
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
7HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of -
March 19, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal ocedures and may be replaced
bya City Council Resolution in the event of an appeaL
CHAIRMAN, ANAH IM PLANNING COMMISSION
ATTEST:
,
L: _
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of #he Anaheim Planning Commission
held on March 19, 2007, bythe folfowing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMI5SIONERS: NONE
1 IN WlTNESS WHEREOF, ! have hereunto set my hand this ~ T'~ day of
t l, , 2007. r
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SENIOR S~CRETARY, ANAHEIM PLANNING COMMISSION