Resolution-PC 2010-091RESOLUTION NO. PC2010 -091
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2010 -05516
(DEV2010- 00119)
(160 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for Conditional Use Permit No. 2010- 05516, to permit the sale 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 a commercial building located in the
Commercial General (CG) zone and the Anaheim General Plan designates the property for Mixed
Use land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 27, 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 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 sale 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 sale 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 general
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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 sale 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 -05516 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 27, 2010. Said resolution is subject to the appeal provisions set forth in
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Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Coun' N- solution in the event of an appeal.
f
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHA I AN PRO - TEMPORE
ANAHEIM CITY PLANNING COMMISSION
SENIOR SE TARY ANAHEIM Cl TY PLANNING COMMISSION
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 September 27, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT, FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of September, 2010.
SENIOR SECTARY, ANAHEIM CITY PLANNING COMMISSION
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I APN: 255-161-031
SO
Fe et
100
EXHIBIT "A"
DEV201O -00119
4
Source: Recorded Tract Maps and/or City GIS
Please note the accuracy is +1- two to five feet
11015
PC2010 -091
NO.
GENERAL
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2010-05516
(DEV2010- 00119)
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 -091
NO. CONDITIONS OF APPROVAL REVIEW BY
GENERAL
7 The parking lot shall be equipped with lighting of Code Enforcement
sufficient power to illuminate and make easily
discernible the appearance and conduct of all persons
on or about the parking lot,
8 All doors serving subject restaurant shall conform to Fire
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.
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 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
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