Resolution-PC 2011-045RESOLUTION NO. PC2011 -045
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05556
(DEV2011- 00030)
(1759 SOUTH CLAUDINA WAY)
WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit
No. 2011 -05556 to expand an existing restaurant within an existing industrial complex for certain
real property in the City of Anaheim, County of Orange, State of California shown on Exhibit
"A ", attached hereto and incorporated herein by this reference; and
WHEREAS, this 2.16 -acre property is developed with an industrial complex. The
property is located in the I Industrial zone and the Anaheim General Plan designates the property
for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 20, 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
conditional use permit 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 to expand an existing restaurant should be
approved for the following reasons:
1. The proposed conditional use permit request to expand an existing restaurant
within an existing industrial building is properly one for which a conditional use permit is
authorized under Code Section Nos. 18.10.030.040.0402 (Restaurants — General, Semi -
Enclosed) of the Anaheim Municipal Code.
2. The proposed conditional use permit to expand an existing restaurant within an
existing industrial building, as conditioned herein, would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located because
the building is surrounded by and integrated with similar buildings and industrial uses; and, the
restaurant would be located within an existing industrial building with no adverse affects to
adjoining land uses.
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3. The size and shape of the site for the use is adequate to allow the full development
of the restaurant in a manner not detrimental to the particular area or to the health and safety
because the facility would be located within an existing industrial building.
4. The traffic generated by the restaurant will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the traffic
generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets
and there is adequate parking on -site to accommodate the use.
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 as the proposed
land use will continue to be integrated with the surrounding industrial area and would not pose a
health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, 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. 2011 -05556 and 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. Timing for compliance
with conditions of approval 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 of the use or approved
development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or 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 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.
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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.
meeting of June 20, 2011.
ATTEST:
THE FOREGOING RESOLUTION w_as adopted at the Planning Commission
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM 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 June 20, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI,
PERSAUD, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of June, 2011.
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SENIOR SETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2011 -045
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APNS:
082 -242 -11
082- 242 -09
082- 230 -75
0
50'
EXHIBIT "A"
DEV2011 -00030
4 -
271'
m
c)
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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PC2011 -045
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05556
(DEV2011- 00030)
NO. CONDITIONS OF APPROVAL
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1 That all backflow equipment shall be located above ground
outside of the street setback area in a manner fully screened
from all public streets. Said information shall be specifically
shown on plans for approval by Water Engineering and Cross
Connection Control Inspector before submittal for Building
Permits.
2 The property owner shall submit a letter to the Planning
Department requesting the termination of Variance No. 2435.
GENERAL CONDITIONS
3 The hours of operation for the restaurant shall be consistent
with the letter of operation an file with the City of Anaheim
Planning Department. Any change in the hours of operation
shall be subject to review and approval by Planning staff to
determine substantial conformance with the letter of
operation and compatibility with the surrounding uses.
4 No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
5 At all times when the premise is open for business, the
premise shall be maintained as a bona fide restaurant and
shall provide a menu containing an assortment of foods
normally offered in such restaurant.
6 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.
7 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.
REVIEW
BY
Public
Utilities,
Water
Engineering
Planning
Department
Code
Enforcement
Code
Enforcement
Police
Department
Police
Department
Police
Department
SIGNED
OFF BY
8 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
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Police
Department
9 There shall be no admission fee, cover charge, nor minimum
purchase required.
10
in Section 23039 of the Business and Professions Code.
Parking lots, driveways, circulation areas, aisles,
passageways, recesses and grounds contiguous to buildings,
shall be provided with enough lighting to illuminate and
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.
11 There shall be no entertainment, amplified music or dancing
permitted on the premise at any time unless the proper
permits have been obtained from the City of Anaheim.
12 Security measures shall be provided to the satisfaction of the
Anaheim Police Department to deter unlawful conduct of
employees and patrons, promote the safe and orderly
assembly and movement of persons and vehicles, and to
prevent disturbances to the neighborhood by excessive noise
created by patrons entering or leaving the premises.
13 The business shall not 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. (Section 24200.5 Alcoholic Beverage Control
Act)
14 The placement of physical barriers capable of stopping a
moving vehicle (low concrete wall, concrete planters, steel
bollards, etc.) shall be provided around the proposed outdoor
dining patio area to the satisfaction of the Police Department.
15 The applicant shall be responsible for maintaining the area
adjacent to 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 twenty four (24) hours of being applied.
16 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 No. 1 (Plans), and
as conditioned herein.
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Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
Code
Enforcement
Planning
PC2011 -045