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Resolution-PC 2014-004RESOLUTION NO. PC2014 -004 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2092 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00068) (400 SOUTH EUCLID STREET) WHEREAS, on June 30, 1980, and subject to certain conditions of approval, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission "), by its Resolution No. PC80 -106, did approve Conditional Use Permit No. 2092 to permit on -site sales and consumption of beer and wine within an existing restaurant (herein referred to as the "Original CUP ") on that certain real property located at 400 South Euclid Street in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Planning Commission did receive a verified petition to amend the Original CUP to permit a banquet facility in conjunction with an existing restaurant and to change the existing Type 41 (On Sale Beer and Wine — Eating Place) license issued by the State of California Department of Alcoholic Beverage Control ( "ABC") to a Type 47 (On Sale General — Eating Place) license, which latter license will allow for the sale of beer, wine and distilled spirits for consumption on the premises at the Property; and WHEREAS, this Property is approximately 1.35 acres in size and is currently developed with an existing restaurant. The Property is located in and subject to the regulations and development standards of the General Commercial (C -G) Zone, except as otherwise specified in the Brookhurst Commercial Corridor (BCC) Overlay Zone. The Anaheim General Plan designates this Property for Corridor Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2014, 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 Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code "), to hear and consider evidence for and against said proposed amendment to the Original CUP and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination. The inclusion of banquet facilities and the sales of alcoholic beverages within this existing restaurant is an example of a type of project that involves no expansion of an existing land use. Therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2014 -004 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 pertaining to the request for an amendment to the Original CUP, does find and determine the following facts: 1. The proposed amendment of the Original CUP to permit a banquet facility within an existing restaurant and to change the existing Type 41 (On Sale Beer and Wine — Eating Place) to a Type 47 (On Sale General — Eating Place) that will permit the on -site sale and consumption of beer, wine and distilled spirits within an existing restaurant building in the Commercial General (C -G) Zone is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and 2. The requested amendment of the Original CUP to allow a banquet facility within an existing restaurant and to change the ABC license from the existing Type 41 (On Sale Beer and Wine — Eating Place) license to a Type 47 (On Sale General — Eating Place) license 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 all activities will be conducted inside the building; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a restaurant building and there is no proposed expansion of the existing building; and 4. The traffic generated by the proposed project 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; and 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. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve an amendment to Conditional Use Permit No. 2092 (Conditional Use Permit No. 2092A) to permit a restaurant/banquet facility and to permit the sales of beer, wine and distilled spirits on property located at 400 South Euclid Street, subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein 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 safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the 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. -2- PC2014 -004 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 Conditional Use Permit No. 2092A constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ftiut� &L4 CHAIR, ANAHEIM CITY PLANNIG COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 January 13, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: LIEBERMAN ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of January, 2014. ARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -004 EXHIBIT "A" DEV NO. 2013 -00068 APN: 250 - 051 -03 W BROADWAY 0 0 O O 300' vt 0 300' J U W N z 0 V Q LL 1/} �6. Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/_ t to five feet. W TEDMAR AVE -4- PC2014 -004 0 0 O O 300' PC2014 -004 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2092A AMENDMEMT TO CONDITIONAL USE PERMIT NO. 2092 (DEV2013- 00068) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO COMMENCEMENT OF THE BANQUET FACILITY 1. A security plan must be submitted to the Police Department for review and approval prior to the Police operation of the banquet facility. Department 2. A Burglary/Robbery Alarm Permit application, Form APD 516,shall be completed and returned to the Police Police Department prior to initial alarm activation. Department This form is available at the Police Department front counter, or it can be downloaded from the following web site: http : / /www.anaheim.net /article.asp ?id =678 3. Address numbers shall be positioned so as to be readily readable from the street. Numbers should be Police illuminated during hours of darkness. Department 4. The building shall be equipped with a comprehensive security alarm system (silent or audible) for the Police perimeter building, access route protection and high Department valued storage areas. 5. All exterior doors shall have adequate security hardware, e.g. deadbolt locks. The locks shall be so Police constructed that both the deadbolt and deadlocking Department latch can be retracted by a single action of the inside doorknob /lever /turn piece. 6. Exterior, full cut -off, wall packs shall be included on the exterior of the structure to illuminate the area Police immediately surrounding the building. Department 7. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all Police hours to make clearly visible the presence of any Department person on or about the premises and provide adequate illumination for persons exiting the building. 8. "No Trespassing 602(k) P.C." shall be posted at the entrances of parking lots /structures and located in Police other appropriate places. Signs must be at least 2' x Department 1' in overall size, with white background and black 2" lettering. -5- PC2014 -004 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 9. All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in Police removal of vehicles at the property Department owner's /manager's request. GENERAL CONDITIONS 10. The restaurant or banquet facility shall not be open for service or events beyond 12 a.m. daily. Planning Department, Code Enforcement Division 11. The restaurant/banquet facility shall be limited to a maximum of 100 patrons. This limitation may be Planning modified by staff should the applicant demonstrate Department, that adequate parking can be provided. Code Enforcement Division 12. The restaurant may not be utilized by the general public during banquet events. Planning Department, Code Enforcement Division 13. Any graffiti painted or marked upon the premises or Planning on any adjacent area under the control of the property Department, owner shall be removed or painted over within 24 Code hours of being applied. Enforcement Division 14. At all times when the premise is open for business, the premise shall be maintained as a bona fide Police restaurant and shall provide a menu containing an Department assortment of foods normally offered in such restaurant. 15. There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 16. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to Police buildings, shall be provided with enough lighting to Department 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. -6- PC2014 -004 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 17. The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to Police buy them drinks in the licensed premises under any Department commission, percentage, salary, or other profit - sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 18. Whenever a banquet or event is being held, security personnel must be present both inside and outside the Police business, roaming the parking lot, to ensure that noise Department levels remain low and do not disturb the nearby residential neighborhood. 19. The operation of any business under this permit shall not be in violation of any provision of the Anaheim Police Municipal Code, State or County ordinance. Department 20. No minor under the age of sixteen (16) years shall be allowed to attend the dance or event, unless Police accompanied by a parent or guardian. Department 21. The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth Police and safe condition. Department 22. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about Police the premises. Department 23. All employees shall be clothed in such a way as to not expose "specified anatomical areas" as described Police in Section 7.16.060 of the Anaheim Municipal Code. Department 24. The permitted event or activity shall not create sound levels which violate any ordinance of the City of Police Anaheim. Department 25. The business owner /operator shall not share any profits, or pay any percentage or commission to a Police promoter or any other person, based upon monies Department collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 26. The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 27. The doors shall remain closed at all times that entertainment is permitted, except during times of Police entry or exit, emergencies and deliveries. Department 28. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor Police -7- PC2014 -004 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY shall the establishment be operated as a public Department premise as defined in Section 23039 of the Business and Professions Code. This location shall not be operated as a night club. 29. The Applicant shall defend indemnify, fy, and hold Planning harmless the City and its officials, officers, Department, employees and agents (collectively referred to Planning individually and collectively as "Indemnitees ") from Services any and all claims, actions or proceedings brought Division against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 30. The applicant is responsible for paying all charges Planning related to the processing of this discretionary case Department, application within 30 days of the issuance of the final Planning invoice or prior to the issuance of building permits for Services this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 31. The property shall be developed substantially in Planning accordance with plans and specifications submitted Department, to and reviewed by the City of Anaheim and which Planning plans are on file with the Planning Department and as Services conditioned herein. Division 8- PC2014 -004