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Resolution-PC 2010-056RESOLUTION NO. PC2010 -056 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05503 (DEV2010- 00076) (1052 NORTH STA'T'E COLLEGE BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 05503, to sales of beer and wine for on- premises consumption within an existing restaurant in an existing commercial center proposed for certain 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, this property is developed with commercial building located in the Commercial General (CG) zone and the Anaheim General Plan designates the 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 July 19, 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, 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 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 a conditional use permit, does find and determine the following facts: 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 request to permit the sales of beer and wine for on- premises consumption within an existing restaurant in the C -G (General Commercial) Zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Conditionally Permitted Uses) of the Zoning Code. 2. The request to permit the sales of beer and wine for on- premises consumption within an existing restaurant 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 property is currently developed with a commercial shopping center and the proposed use is compatible with the surrounding area. 3. The size and shape of the site 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 1 PC2010 -056 general welfare of the public because the property is currently improved with a commercial center with no proposed expansion. 4. The traffic generated by permitting the sales of beer and wine for on- premises consumption within 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 site are consistent with existing restaurant and permitted businesses within the commercial center. 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. 6. 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 and will provide a land use that is compatible with the surrounding area. 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 does hereby approve Conditional Use Permit No. 2010 -05503 subject to the conditions of approval 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 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 Anaheim Municipal Code. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the 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 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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. PC2010 -056 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 19, 2010. 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 procedures and may be replaced by a City Cou il-Resoluti. r the t -of an appeal. A 1' PEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1. /6 .L CHAIRMAN, AN .M CITY PLANNING COMMISSION I, Eleanor Morris, 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 July 19, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of July, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -055 APN: 268-231 -16 268- 231 -18 0 56 100 F-et rn ti CO CD 147' 30' EXHIBIT "A" DEV2010 -00076 G L w cc u 2 L.... E BANYAN DR 672' 202.94' E LA PALMA AVE E NORTH REDWOOD DR -4 0 N 244' Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 10981 PC2010 -056 NO. GENERAL EXHIBIT `B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05503 (DEV2010- 00076) CONDITIONS OF APPROVAL 1 At all times when the premise is open for business, the Police premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods' normally offered in such restaurant. 2 The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 3 The sale of alcoholic beverages for off premises consumption shall be prohibited. 4 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 5 That subject alcoholic beverage license shall not be exchanged for a 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. 6 There shall be no admission fee, cover charge, nor minimum purchase required. SIGNED REVIEW BY OFF BY Police Police Police Police Police 5 PC2010 -056 NO. CONDITIONS OF APPROVAL REVIEW BY GENERAL 7 The parking lot shall be equipped with lighting of Code sufficient power to illuminate and make easily Enforcement discernible the appearance and conduct of all persons on or about the parking lot. 8 All doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress /egress, deliveries and in cases of emergency. Fire 9 There shall be no live entertainment, amplified music Police or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 10 There shall be no coin- operated telephones on the Code property located outside the building and within the Enforcement control of the property owner /applicant. 11 The restaurant shall operate no later than 12:00 a.m. Police each day of the week. 12 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 as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). SIGNED OFF BY 6 PC2010 -056