Resolution-PC 2010-001RESOLUTION NO. PC2010 -001
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE
PERMIT NO. 3600 AND AMENDING CERTAIN
CONDITIONS OF APPROVAL OF RESOLUTION NO. ZA93 -32
(TRACKING NOS. CUP3600A AND DEV2009- 00067)
(5753 -A EAST SANTA ANA CANYON ROAD)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
an amendment to Conditional Use Permit No. 3600, to amend a previously- approved conditional use
permit by deleting a condition of approval pertaining to live entertainment and upgrading a beer and
wine license to alcoholic beverages for an existing full service restaurant, pursuant to Code Section
No. 18.60.190 of the Anaheim Municipal Code forcertain real property situated in the City of
Anaheim. County of Orange. State of California, shown on Exhibit "A attached hereto and
incorporated herein by this reference;
WHEREAS, on April 29, 1993, the Zoning Administrator adopted Resolution No.
ZA93 -32 approving Conditional Use Permit No. 3600 to permit a semi- enclosed restaurant with the
sale of beer and wine for on- premises consumption within an existing commercial center with fewer
parking spaces than required by Code, to include the following condition of approval:
"11 That there shall be no live entertainment, amplified music or dancing permitted on subject
premises at any time."
WHEREAS, on July 31, 1997, the Zoning Administrator adopted Resolution No. ZA97-
16 approving an amendment to this permit to expand the semi enclosed dining area; and
WHEREAS, this property is currently developed with a commercial shopping center in
the General Commercial, Scenic Corridor Overlay (C -G; SC) zone. The General Plan designates
this property for Neighborhood Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 4, 2010, at 3:30 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
amendment 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:
1. The existing and proposed uses are properly one for which a conditional use permit is
authorized by the Zoning Code.
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2. The proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located as the existing full service restaurant has been
operating in conformance with all conditions of approval and there are no outstanding Code
Enforcement violations associated with the subject restaurant.
3. The size and shape of the site for the restaurant use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety
as the property is large enough to accommodate all commercial uses on the site.
4. The traffic generated by the restaurant use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the property is large
enough to accommodate the restaurant and all adjacent commercial uses on the site.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (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 City Planning
Commission, for the reasons hereinabove stated, does hereby approve the proposed amendment of
Conditional Use Permit No. 3600 to delete a condition of approval pertaining to live entertainment
and upgrade a beer and wine license to alcoholic beverages for an existing full service restaurant for
the property located at 5753 -A East Santa Ana Canyon Road, as requested by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Zoning Administrator
Resolution No. ZA93 -32, adopted in connection with Conditional Use Permit No. 3600, to delete a
condition of approval pertaining to live entertainment and upgrade a beer and wine license to
alcoholic beverages for an existing full service restaurant and to read as shown in Exhibit `B"
attached hereto and incorporated herein by this reference, which conditions are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the health and
safety of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
duration of the use.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. ZA93 -32, approving Conditional Use Permit No. 3600, shall remain in
full force and effect.
BE IT FURTHER RESOLVED that the Anaheim City 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.
2 PC2010 -001
BE IT FURTHER RESOLVED 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.
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. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of January 4, 2010. f,
CHAIRMIN, ANAHEIMV PANNING COMMISSION
Al LEST:
SENIOR §'ECRETARY, ANAHEIP✓� CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on January 4, 2010, by the following vote of the members thereof:
AMENT, AGARWAL, BUFFA, FAESSEL, KARAKI
RAMIREZ, ROMERO
NONE
NONE
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 4 day of January, 2010.
y
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -001
IAPN: 358 191 -12 1
i
SANTA ANA CANYON RD
EXHIBIT rtArt
DEV20O9- 00067
91 FREEWAY
-4
Source: Recorded Tract Maps andfor City GIS.
Please note the accuracy is +1- two to five feet.
10883 1
PC2010 -001
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3600
(TRACKING NOS. CUP3600A AND DEV2009- 00067)
RESPONSIBLE
FOR
MONITORING
NO.
GENERA L
1 Trash storage areas shall be provided and maintained in a location Code Enforcement
acceptable to the Public Works Department and in accordance with
approved plans on 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.
CONDITIONS OF APPROVAL
2 The parking lot of the premises shall be equipped with lighting of a Police
minimum one foot candle power to illuminate and make easily
discernible the appearance and conduct of all persons on or about the
parking lot. Additionally, the position of such lighting shall not disturb
the normal privacy and use of any neighboring residences.
3 The applicant shall be responsible for maintaining the area adjacent to Code Enforcement
the premises over which they have control, in an orderly fashion through
the provision of regular maintenance and removal of trash or debris.
Any graffiti painted or marked upon the premises or on any adjacent
area under the control of the licensee shall be removed or painted over
within 24 hours of being applied.
4 The alcoholic beverage sales authorized by this resolution shall occur Police
only in conjunction with a bona fide eating place (restaurant). The
premises shall maintain suitable kitchen facilities and shall provide
actual and substantial sales of meals for consumption on the premises.
5 Food service consisting of meals shall be available until closing time on Police
each day of operation.
6 The subject alcoholic beverage license shall not be exchanged for a
`public premises' type ABC license nor shall the business be operated as
a public premises.
7 The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food or other food related commodities during the same
time period.
Police
Police
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8 There shall be no exterior advertising of any kind or type on the
building, including advertising directed to the exterior of the building
from within, promoting or indicating the availability of alcoholic
beverages.
Police
9 There shall be no pool tables or coin operated games maintained on Police
subject premises at any time.
10 There shall be no service or consumption of alcoholic beverages outside Police
the building except in the fenced -in outdoor dining area.
11 The outside dining area shall be accessible only from the building Police
except for emergency exiting required and approved by the City Fire
Department. Any emergency exits from the outside dining area shall
not normally be open.
12 Within a period of three (3) years from the date of this resolution, the
appropriate ABC license shall be obtained for the sales of full alcohol
authorized by this resolution and the use allowed by this permit shall be
established.
13 The 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 Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein.
Planning
Planning
PC2010 -001