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Resolution-PC 2012-025RESOLUTION NO. PC2012 -025 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3798, AND AMENDING CONDITIONS OF APROVAL OF RESOLUTION NO. ZA95 -28 (DEV2012- 00018) (721 SOUTH WEIR CANYON ROAD, SUITES 123 -125) WHEREAS, on October 12, 1995, the Anaheim Zoning Administrator, by Resolution No. ZA95 -28, did approve Conditional Use Permit No. 3798 to permit the sale of beer and wine for on- premises consumption in an existing restaurant; and WHEREAS, on October 22, 1998, the Anaheim Zoning Administrator, by Resolution No. ZA98 -30, did approve an amendment to Conditional Use Permit No. 3798 to permit a 900 square foot expansion to the existing 1,209 square foot restaurant with the sale of beer and wine for on- premises consumption; and WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did receive a verified petition to amend Conditional Use Permit No. 3798 to further expand an existing restaurant and upgrade a Type 41 (On -Sale Beer and Wine) ABC license to a Type 47 (On -Sale General) ABC license, which would allow the full sale of alcoholic beverages for on- premises consumption, for that certain real property located at 721 South Weir Canyon Road, Suites 123-125 in the 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, the subject property is developed with a neighborhood shopping center and is located in the SP 88 -1, Development Area 2 (SC) (Sycamore Canyon Specific Plan, Commercial Area, Scenic Corridor Overlay) zone. The Anaheim General Plan designates this property for Neighborhood Center land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 23, 2012, 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 an amendment to the conditional use permit, does find and determine the following facts: - 1 PC2012 -025 1. The request to amend the permit for an existing restaurant is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.010 (Alcoholic Beverage Sales - On Sale) of the Anaheim Municipal Code. 2. The operation of the restaurant, including the proposed expansion, will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located, as conditioned herein. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety as the operation of the restaurant is consistent with the operational characteristics of the shopping center. 4. The traffic generated by the proposed use 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 volume of traffic planned for the streets and highways in the area. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is a bonafide full service restaurant with accessory alcoholic beverage sales and the restaurant is located within an existing commercial building at the intersection of two arterial highways. 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 an amendment to Conditional Use Permit No. 3798 as described above. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend and restate the conditions of approval adopted in connection with Conditional Use Permit No. 3798, to read as stated in Exhibit `B" attached hereto and incorporated herein by this reference, which conditions 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. - 2 - PC2012 -025 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, except as expressly amended herein, the provisions of Resolution Nos. ZA95 -28 and ZA98 -30, approving Conditional Use Permit No. 3798, shall remain if full force and effect. 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. 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 RESOLUT C was adopted at the Planning Commission meeting of April 23, 2012. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, A AHEIM CITFLANNING COMMISSION - 3 PC2012 -025 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 April 23, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 23` day of April, 2012. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 PC2012 -025 EXHIBTT "A" DEV NO. 2012 -00018 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. 5 PC2012 -025 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF BUILDING PERMIT 1 Subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos.1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning GENERAL 2 At all times when the premises is open for business, the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Planning 3 Subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. Police 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 5 The property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. Code Enforcement 6 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers or tall shrubbery. Public Works, Planning 7 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of Police EXHIBIT `B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 3798 (DEV2012- 00018) PC2012 -025 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY sufficient wattage to provide adequate illumination to 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 on -site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 8 There shall be no admission fee, cover charge, nor minimum purchase required. Police 9 There shall be no entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. Police 10 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. Police 11 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 7 - PC2012 -025