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Resolution-PC 2014-041RESOLUTION NO. PC2014 -041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014 -05731 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00021) (5655 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2014 -05731 to permit beer and wine service for on- premises consumption in conjunction with an existing restaurant within an existing commercial retail center (the "Proposed Project "). The commercial center is located at 5655 East La Palma Avenue in the City of Anaheim, County of Orange, State of California. The location of the commercial center is depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 4.39- acres, is developed with a commercial retail center including four freestanding buildings. The restaurant (Curry Out) is located at the western most building on the parcel and is approximately 2,000 square feet. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in the Commercial Area (Development Area 5) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards described in Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP94 -1) Zoning and Development Standards) of the Anaheim Municipal Code (the "Code ") combined with the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 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 Code, to hear and consider evidence for and against said proposed conditional use permit 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 - 1 - PC2014 -041 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 sale of beer and wine service for on- premises consumption in conjunction with an existing restaurant within an existing commercial retail center does find and determine the following facts: 1. The request to permit beer and wine service for on- premises consumption in conjunction with an existing restaurant within an existing commercial retail center in the Commercial Area (Development Area 5) of the Northeast Area Specific Plan Area is properly one for which a conditional use permit is authorized by subsection .050.0522 of Section 18.120.100 (Land Use and Development Standards — Commercial Area (Development Area 5)) of the Code. 2. The request to permit beer and wine service for on- premises consumption in conjunction with 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 retail center and the existing use is compatible with the surrounding area; and 3. The size and shape of the site is adequate to allow the full development of the existing 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 retail center and there is no proposed expansion; and 4. The traffic generated by permitting beer and wine service for on- premises consumption in conjunction with 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 Property are consistent with the existing commercial use of the Property and the permitted businesses within the commercial center; 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 because the Property is a commercial center which allows restaurant businesses and the existing restaurant is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014- 05731, 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 a portion 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. -2- PC2014 -041 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. 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. 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 RESOLUTION was adopted at the Planning Commission meeting of June 2, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLA ING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -041 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 June 2, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, PERSAUD, SEYMOUR IN WTTNESS WHEREOF, I have hereunto set my hand this 2" day of June, 2014. ARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2014 -041 EXHIBIT "A' ` DE V2014 -00021 APN: 346- 281 -06 i i i ,P -5 - PC2014 -041 O 53 SOD v Source: Recorded Tract Maps and/or City GIS. �eac Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05731 (DEV2014- 00021) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The existing restaurant shall be operated in accordance with the Planning Department, Letter of Operation submitted as part of this application. Any Code Enforcement changes to the business operation as described in the Letter of Division Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. 2 All activities related to the use shall occur indoors, except as Planning Department, may be permitted by an authorized Special Event Permit. Code Enforcement Division 3 There shall be no admission fee, cover charge, or minimum Police Department purchase required. 4 At all times when the premises is open for business, the Police Department premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 5 There shall be no exterior advertising of any kind or type, Police Department including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 6 That subject alcoholic beverage license shall not be exchanged Police Department 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. 7 There shall be no entertainment, amplified music or dancing Police Department permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 8 The business shall not employ or permit any persons to solicit Police Department 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. (Section 24200.5 Alcoholic Beverage Control Act) -6- PC2014 -041 NO, CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Security measures shall be provided to the satisfaction of the Police Department 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. 10 Windows of restaurant shall not be covered by advertising to Police Department the extent that the interior is not clearly visible from the outside to enable officers responding to potential emergency situations to observe any activity which may be occurring inside. 11 Parking lots, driveways, circulation area, aisles, passageways, Police Department recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises during the hours of drkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 12 Prior to the sales of alcoholic beverages, the business manager Police Department or owner shall call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. GENERAL CONDITIONS 13 The applicant shall defend, indemnify, and hold harmless the Planning Department City and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnities ") from any and all claims, actions or proceedings brought against Indemnitees 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. 14 The premises shall be developed substantially in accordance Planning Department with plans and specifications submitted to and reviewed and approved by the City of Anaheim, which plans are on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). -7- PC2014 -041