Loading...
Resolution-PC 2014-026RESOLUTION NO. PC2014 -026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014 -05723 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00002) (1440 SOUTH ANAHEIM BOULEVARD — SPACE NO. 118-20) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05723 to permit the on- premises sale and consumption of beer and wine at a proposed indoor restaurant within a portion of the Anaheim Indoor Marketplace ( "AIM "), (herein referred to as the "Proposed Project ") for that certain real property located at 1440 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 14- acres, is developed with a multi -tenant indoor marketplace measuring approximately 133,200 square feet. The Property is located in the C -G (General Commercial) zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 24, 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 of the Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against proposed Conditional Use Permit No. 2014 -05723 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, and that, 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 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 with respect to the request to permit the on- premises sale and consumption of beer and wine at a proposed indoor restaurant within a portion of the AIM, has determined that Conditional Use Permit No. 2014 -05723 should be approved for the following reasons, does find and determine the following facts: - I - PC2014 -026 I. The request to permit the Proposed Project in the C -G (General Commercial) Zone is properly one for which a conditional use permit is authorized by Section 18.08.030.010 (Alcoholic Beverage Sales - On -Sale) of the Code; and 2. The proposed conditional use permit to permit the Proposed Project, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area because the beer and wine sales and restaurant would complement and be compatible with existing uses in this neighborhood which consist of restaurants and retail stores; 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 Proposed Project complies with all applicable development standards, including the required number of parking spaces; 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 will be adequate parking on -site; 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014 - 05723, contingent upon and 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 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 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 Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code. 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 -026 BE IT FURTHER RESOLVED that approval of this application 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 March 24, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. v Rk �lJ CHAIR, ANAHEIM CIT LANNING 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 March 24, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of March, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -026 EXHIBIT "A" DEV NO. 2014 -00002 E CERRITOS AVE v Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/_ two to five feet. -4- PC2014 -026 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014 -05723 (DEV2014- 00002) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL CONDITIONS 1 Adequate lighting of parking lots, passageways, recesses, Planning and grounds contiguous to buildings shall be provided Department, with lighting of sufficient wattage to provide adequate Police illumination to make clearly visible the presence of any Department person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 2 The managers and/or owners shall contact the Police Department of Alcoholic Beverage Control and obtain Department LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The contact number is (714) 558 -4101. 3 Security measures shall continually be provided to the Police satisfaction of the Anaheim Police Department to deter Department 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. Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. 4 At all times when the premises is open for business, the Police premises shall be maintained as a bona fide restaurant Department and shall provide a menu containing an assortment of foods normally offered in such restaurant. 5 There shall be no admission fee, cover charge, nor Police minimum purchase required. Department -5- PC2014 -026 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 6 There shall be no exterior advertising of any kind or Police type, including advertising directed to the exterior from Department within, promoting or indicating the availability of alcoholic beverages. 7 The subject alcoholic beverage license shall not be Police exchanged for a public premise (bar) type license nor Department shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 8 There shall be no entertainment, amplified music or Police dancing permitted on the premise at any time unless an Department Entertainment Permit is been obtained from the City of Anaheim. 9 The business shall not employ or permit any persons to Police solicit or encourage others, directly or indirectly, to buy Department 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). 10 The sale of alcoholic beverages for off premises Police consumption shall be prohibited. Department 11 No alcohol may leave the indoor restaurant area licensed Police by the Department of Alcoholic Beverage Control. Department Patrons may not take alcohol to any outside area. Signs shall be posted at all restaurant exits stating "No alcohol beyond this point." 12 The restaurant shall not stay open beyond the normal Police operating hours of the Anaheim Indoor Marketplace. Department 13 Any graffiti painted or marked upon the premises or on Code any adjacent area under the control of the property owner Enforcement shall be removed or painted over within 24 hours of being applied. 14 No required parking area shall be fenced or otherwise Code enclosed for outdoor storage. Enforcement 15 The Applicant shall defend, indemnify, and hold Planning harmless the City and its officials, officers, employees Department -6- PC2014 -026 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY and agents (collectively referred to individually and collectively as "Indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 16 The applicant is responsible for paying all charges related Planning to the processing of this discretionary case application Department within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 17 The premises shall be developed substantially in Planning accordance with the plans and specifications submitted to Department and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department. -7- PC2014 -026