Resolution-PC 2011-016RESOLUTION NO. PC2011 -016
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010 -05503
AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC 2010 -56
(DEV2010- 00076A)
(1052 NORTH STATE COLLEGE BOULEVARD)
WHEREAS, on July 19, 2010, the Anaheim City Planning Commission
(hereinafter referred to as ( "Planning Commission "), by its Resolution No. PC2010 -56, did
approve Conditional Use Permit 2010 -05503 to permit the sales of beer and wine for on-
premises consumption within an existing restaurant located at 1052 N. State College Boulevard,
City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit
"A" attached hereto and incorporated herein by this reference; and
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 receive a verified Petition to amend
Conditional Use Permit No. 2010 -05503 (designated as "Conditional Use Permit No. 2010 -
05503A") to permit the expansion of an existing restaurant with the sales of beer and wine for
on- premises consumption into an adjacent unit; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 28, 2011 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
amendment to conditional use permit and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, the 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:
1. The request to amend said conditional use permit to in order to expand an existing
restaurant and permit the sales of beer and wine for on- premises consumption is properly one for
which a conditional use permit is authorized under Municipal Code Section 18.08.030.040.0402
(Conditionally Permitted Uses) of the Zoning Code.
2. The request to expand an existing restaurant with the sales of beer and wine for
on- premises consumption into an adjacent unit 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
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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 welfare of the public because the property is currently improved with a commercial
center with no proposed expansion.
4. The traffic generated by allowing the expansion of an existing restaurant with the
sales of beer and wine for on- premises consumption into an adjacent unit 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 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 Planning Commission, for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Perrnit No.
2010 -05503 (tracking number CUP2010- 05503A) to permit the expansion of an existing
restaurant with the sales of beer and wine for on -site consumption.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
amend, in their entirety, the conditions of approval adopted in connection with Planning
Commission Resolution No. PC2010 -56, approving Conditional Use Permit No. 2010 - 05503, as
previously amended, to read as stated 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, except as expressly amended herein, the
provisions of Resolution No. PC2010 -56, approving Conditional Use Permit No. 2010- 05503, as
previously approved, shall remain if full force and effect.
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.
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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 March 28, 2011. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Zoning Provisions - General" of i - A Municipal Code pertaining to
appeal procedures and may be replaced b ity Counc '•solution in the event of an appeal.
ATTEST:
lam. Cam'
SENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, )IOHEIM CITY 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 March 28, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESEL, KARAKI, PERSAUD
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF ave hereunto set my hand this 28 day of March, 2011.
A
SENIOR SECR ' ARY, ANAHEIM CITY PLANNING COMMISSION
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APN:
268- 231 -16
- 268 - 231 -18
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EXHIBIT "A"
DEV2010- 00076A
E BANYAN DR
672'
202.94'
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244'
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
10981
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EXHIBIT "13"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05503A
(DEV2010- 0007I6A)
NO. CONDITIONS OF APPROVAL
REVIEW
li
GENERAL
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.
Police
Police
Police
Police
Police
SIIGNED
Y OFF
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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
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