Loading...
Resolution-PC 2008-113RESOLUTION NO. PC2008-113 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY APPROVED CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT N0.2005-05037 AND RESOLUTION NO. ZA2005-27 {TRACKING NO. CONDITIONAL USE PERMIT NO. 2008-05360) (887 SOUTH ANAHEIM BOULEVARD) WHEREAS, on November 10, 2005, the Anaheim City Zoning Administrator, by its Resolution No. ZA2005-27, did approve Conditional Use Permit No. 2005-05037 to permit the sale of alcoholic beverages for on-premises consumption in an existing restaurant with outdoor dining with waiver of minimum number of parking spaces; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to amend apreviously-approved permit to construct a new permanent accessory dining building in place of an existing tent which is used for outdoor dining and events in conjunction with an existing restaurant, continue the sale of alcoholic beverages for on-premises consumption, with fewer parking spaces than required by Code, a reduced building setback adjacent to Anaheim Boulevard, and a higher fence height than allowed by Code, for certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the property is currently developed with a restaurant occupying a historically significant building, an outdoor dining area, and an existing tent and is zoned General Commercial (C-G); the Anaheim General Plan designates this property for General Commercial land uses; this property is also lpcated within the Merged Redevelopment Project Area; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 24, 2008 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 "Procedures", 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 behalf, and after due consideration of all evidence and reports offered at said hearing, does Find and determine the following facts: i. That the petitioner requests waivers of the Following to amend apreviously- approved permit to construct a new permanent accessory dining building in place ofan existing tent which is used for outdoor dining and events in conjunction with an existing restaurank and continue the sale ofalcoholic beverages for on-premises consumption: PC2008-113 (a) SECTION NO. 18.04.100.010 (b) SECTION NO. 18.42A40.010 (c) SECTION NO. 18.46.110.030 Minimum Front Yard Setback _ _. _. (I-foot proposed to ultimate right-of- way boundary; 15 feet required)., Minimum Number of Parking Spaces (59 spaces existing and proposed; 112 spaces required). Maximum Fence Heieht (6 feet high proposed within the front yard setback; 3 feet high permitted). 2. That special circumstances apply to the subject property because the property is unique in size and shape in comparison to the surrounding C-G zoned properties. The property has a narrow frontage and deep lot configuration and is occupied with a historically significant building that is setback 89 feet from the Anaheim Boulevard frontage. Since the lot width, depth, configuration, and orientation of the building are existing conditions of the property, these site constraints would make it difficult to further develop the property without the need For the requested waivers. 3. That the parking waiver is hereby approved based on the conclusions contained in a previously approved parking waiver in conjunction with Conditional Use Permit No. 2005- 05037. The study indicates that two off-site locations, a valet parking service, and curbside parking along Anaheim Boulevard and Midway Manor Street provide additional overflow parking for the restaurant. The total amount of pazking on the subject site and the off-site locations combined is 138 spaces, which is 26 spaces in excess of the Code requirements. Moreover, this request far an accessory dining building does not increase the parking requirement because the previously-approved parking waiver included the outdoor dining area in the same area where the accessory building will be located. Therefore, based on the information contained in the parking study, the requested parking variance will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 4. That the request to construct an accessory dining building to include the sale of alcoholic beverages for on-premises consumption in conjunction with an existing restaurant in the General Commercial (C-G) zone is properly ane for which a conditional use permit is authorized by Anaheim Municipal Cade Section 18.08.030.010 (Alcoholic Beverage Sales - Off- Sale). 5. That the proposed outdoor dining area and alcoholic beverage sales and consumption would not adversely affect the adjoining commercial and residential land uses and the growth and development of the area in which it is proposed to be Located. 6. That the size and shape of the site for the outdoor dining area 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. _2- PC2008-113 7. That the traffic generated by the restaurant would not impose an undue burden upon the streets and highways designed and improved ko carry the traffic in the area because the restaurant is consistent with the types of commercial uses along Anaheim Boulevard. 8. That the Anaheim Police Department recommends approval of the proposed dining area and sales of alcoholic beverages for on-premises consumption and recommends conditions of approval that are described in Exhibit "B" attached hereto and incorporated by this reference. 9. That no persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject request. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find that apreviously-approved Negative Declaration in connection with Conditional Use Permit No. 2005-05037 (Tracking No. CUP2008-05360) is adequate to serve as the required environmental documentation in connection with this request. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 2005-05037 as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission For the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with Zoning Administrator Resolution No. ZA2005-27, as adopted in connection with Conditional Use Permit No. 2005-05037, as described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of khe City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 1$.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competentjurisdickion, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE lT FURTHER RESOLVED, that the applicant is responsible for paying all charges related to khe processing of this discretionary case application within I S days of the issuance of the final invoice, THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 24, 2008. Said resolution is subject to the appeal provisions set forth in -3- PC2008-113 Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and . ,.__ may be replaced by a City Council Resolution in the event of an appeal. CHAIRMA NAH IM PLANNR IG COMMISSION ATTEST: SENIOR St$CRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 24, 2008 by the following vote of the members thereof: AYES: COMMISSIONERS: KARAIQ, BUFFA, AGARWAL, FAESSEL, RAMIREZ, ROMERO NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this ~~ of December, 2008. ~ ~~ / U SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008- 113 EXHIBIT "A" - ._. CONDITIONAL USE PERMIT NO. 2005-05037 (TRACKING NO. CUP N0.2008-05360) 0 4 G' -5- PC2008-113 EXIIIBIT "B" CONDITIONAL USE PERMIT N0.2005-05037 (TRACHING NO. CUP NO. 2008-05360) No. Conditions of Approval Responsible for Monitorin TIMING:' PRIOR TO THE ISSUANCE OF,A BUILDINGPERMIT I That the property owner shall irrevocably offer to dedicate Public Works to the City of Anaheim an easement 53 feet in width ffam Development the centerline of the street along Anaheim Boulevard For Services street widening purposes. 2 That the property owner shall submit an application fora Public Works Subdivision Map Act Certificate of Compliance to the Development Public Works Department, Development Services Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior tp issuance of a building permit. 3 That a detailed landscaping plan for subject property Flanning shall be submitted to the Planning Services Division for review and approval. Any proposed landscaping adjacent to the driveway shall be subject to the review and approval of the City to determine adequate lines-of-sight. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission. 4 That plans shall be submitted to the City Traffic and Public Works Transportation Manager for his review and approval in Traffic conformance with the Engineering Standard No. i I S pertaining to sight distance visibility for the landscaping and/or fencing adjacent to the driveway. 5 ' That plans shall be submitted to and approved by the Public Works City Traffic and Transportation Manager indicating how Traffic the vehicular security gates and vehicle turn-around area will function in compliance with Engineering Standard No. 475. TIMING: PRIOR TO FINALIZONINGINSPEGTIDN r 6 That the existing driveway approach and concrete Public Works sidewalk along Anaheim Boulevard shall be removed and Development reconstructed per Engineering Standard Detail 115-B and Services 110-B, res ectivel A Ri ht-of-Wa Construction -6- PC2008-I 13 Permit shall be obtained from Public Works, Development Services for all work performed in the right-of--way. 7 That the landscaping in the rear parking lot shall be Planning, Code refurbished and maintained in compliance with City Enforcemenf standards. 'GENERAL CONDITIONS $ That the height of the shrubbery located within the 7- Code Enforcement foot wide landscape planter adjacent to Anaheim Boulevard shall not exceed the height of the fence as allowed under this permit. 9 That the permitted event or activity shall not create sound Police, levels which violate any ordinance of the City of Anaheim Code Enforcement and shall not cause noise disturbance to surrounding properties. Any entertainment provided on the premises shall not beaudible beyond the area under control of the applicant. 10 That the applicant shall monitor Che area under their Police, control in an effort to prevent the loitering of persons Code Enforcement about the premises. 11 That all doors serving the restaurant shall conform to the Fire requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. 12 That trash storage areas shall be provided and Planning, maintained in a location acceptable to the Public Works Department and in accordance with approved plans on Public Works file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. 13 That adequate fighting at a minimum one foot candle Police, shall be provided consistent with Police department Code Enforcement guidelines for parking lots, driveway, circulation areas, aisles, passageways, recesses and ground contiguous to buildings to provide adequate illumination to 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. Parking lot lighting shall be directed, positioned, and shielded in such a manner so as not to unreasonabl illuminate the windows of nearb _7_ PC2008- 113 residences. 14 That there shall be no live entertainment, amplified music Police,,.. or dancing permitted on the premises at anytime without Code Enforcement issuance of proper permits as required by Title 4 of the Anaheim Municipal Code. l5 That the business shall not employ or permit any persons Police, to solicit or encourage others, directly or indirectly, to buy Code Enforcement them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 15 That the sale of alcoholic beverages for consumption off Police, the premises shall not be permitted. Code Enforcement 17 That there shall be no exterior advertising or sign of any Police, kind or type, including advertising directed to the Code Enforcement exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. l8 That a requirement to purchase a minimum number of Police, drinks or any promotion for reduced alcoholic beverage Code Enforcement price shall not be allowed at any time. . 19 That signs shall be posted at all exits of the premises Police, indicating the prohibition of alcoholic beverages from Code Enforcement leaving the confines of the establishment. 20 At all times when the premise is open for business, the Police, premise shall be maintained as a bona fide restaurant and Code Enforcement shall provide a menu containing an assortment of foods normally offered in such restaurant. 21 That there shall be no pool tables maintained upon the Police, premises unless the proper permits have been obtained Code Enforcement from the City of Anaheim. 22 That the sales of alcohol shall not exceed 40% of the Police, gross sales of all retail sales during any three (3) month Code Enforcement period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcohol and other items. These records shall be made available, subject to audit and, when requested ins: ection b an Ci of Anaheim official durin -g- PC2008-1 l3 reasonable business hours. 23 That there shall be no public telephones on the property Police,,.. that are located outside the building and within the Code Enforcement control of the applicant. 24 That at all times when entertainment or dancing is Police, permitted, security measures shall be provided to the Code Enforcement satisfaction of the Anaheim Police Department to deter unlawful conduct on the part ofemployees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 25 That restaurant management shall not permit any public Police, nuisance in the outdoor dining area, including but not Code Enforcement limited to, unruly behavior by patrons, or any interaction with passersby, which may contribute to unruly behavior on the street, or in the parking lot. 26 That the business operator shall comply with Section Police, 24200.5 of the Business and Professions Code so as not Code Enforcement to employ or permit any persons to solicit or 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. 27 That subject alcoholic beverage license shall not be Police, exchanged for a public premises (bar) type license nor Code .Enforcement shall the establishment be operated as apublic-premise as defined in Section 23039 of the California Business and Frofessions Code. 28 Deleted at tTte public hearing 29 That the property shall be permanently maintained in an Code Enforcement orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 30 h The subject property shall be developed substantially in Planning 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 Nos. 1 2, and 3, and as conditioned herein. -9- PC2008-I 13 31 That timing for compliance with conditions of approval Planning 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{s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment pf the use or approved development. 32 That approval of this application constitutes approval of Planning the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulaCions. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 33 That extensions for further time to complete conditions Planning of approval may be granted in accordance with Section 18.60. L 70 of the Anaheim Municipal Code. 10- PC2008-113