Resolution-PC 2012-034RESOLUTION NO. PC2012 -034
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A DETERMINING THAT A CLASS 1 CATEGORICAL
EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2012-05598
(DEV 2012- 00027)
(430 SOUTH ANAHEIM HILLS ROAD, SUITES H -J)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2012-
05598 to permit beer and wine sales for on and off - premises consumption at an existing
restaurant, for that certain real property located at 430 South Anaheim Hills Road, Suites H -J 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 restaurant occupies a 2,150 square foot tenant space
within an existing 8.5 -acre shopping center and is located in the C -G (SC) (General
Commercial; Scenic Corridor Overlay) zone. The 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 May 21, 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 conditional use permit, does find and determine the
following facts:
1. The request to permit beer and wine sales for on and off - premises consumption at
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 beer and wine sales, 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.
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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 beer and wine 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.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2012- 05598, subject to the conditions of approval 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.
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.
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.
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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 R
meeting of May 21, 2012.
ATTEST:
LUTION was adopted at the Planning Commission
CHA N, ANAHEIM CIT ANNING 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 May 21, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL, PERSAUD, RAMIREZ
IN WITNESS WHER F, I have hereunto set my hand this 21 day of May, 2012.
� s
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2012 -034
APN: 356- 181 -06
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356 -181 -08
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4 Z7
50 100
EXHIIBIT "A
IDEV NO. 2012 -00027
•
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL
1
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.
Police
�a
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
3
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
4
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
5
Trash storage areas shall be maintained in a location
acceptable to the Public Works Department and in
accordance with approved plans on file with said
Department.
Public
Works,
Planning
6
Adequate lighting of parking lots, driveway, circulation
areas, aisles, passageways, recesses and grounds
contiguous to buildings shall be provided with lighting of
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.
Police
7
There shall be no admission fee, cover charge, nor
minimum alcohol purchase required.
Police
EXH11.1T "IB"
CONDITIONAL IJSE PERMIT NO. 2012-05598
(DEV2012- 00027)
5
PC2012 -034
NO.
CONDITIONS OF APPROVAL
REVIEW
II
SIGNED
OFF BY
8
Adequate lighting of parking lots, driveway, circulation
areas, aisles, passageways, recesses and grounds
contiguous to buildings shall be provided with lighting of
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.
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
12
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
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