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Resolution-PC 2011-067RESOLUTION NO. PC2011 -067 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05570 (DEV2011- 00077) (630 WEST ORANGEWOOD AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011 - 05570, 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 General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 26, 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 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. -1- PC2011 -067 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 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 because the restaurant currently exists and has proven to be 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. 2011 -05570 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_ -2- PC2011 -067 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 26, 2011. A'1"1'EST: SENIOR CRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 26, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of September, 2011. ' L C L �C CHAIRMAN, ANAHEIM PLANKING COMMISSION SENIOR SE ETARY, ANAHEIM PLANNING COMMISSION -3- PC2011 -067 EXHIBIT "A" DEV NO. 2011 -00077 r I' I APN: 137- 124 -01 E0 IU0 Pu_t 0 CC u! < ❑ z Q LL O >- 0 F— W CLIFFWOOD AVE U W ORANGEWOOD AVE W BLUEBELL AVE 122.54' U LU - 137.96' 1 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. -4- PC2011 -067 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 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. Police Department Cl 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. Police Department 3 The sale of alcoholic beverages for off premises consumption shall be prohibited. Police Department 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. Police Department 5 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police Department 6 Consistent with the applicant's letter of operation, subject business shall close no later than 10:00 p.m., daily. Code Enforcement 7 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. Police Department 8 There shall be no entertainment, amplified music or dancing permitted on the premise at any time. Police Department EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05570 (DEV20I1- 00077) -5- PC2011 -067 9 The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Code Enforcement 10 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. Police Department 11 Subject 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 as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). Planning -6- PC2011 -067