Resolution-PC 2014-073RESOLUTION NO. PC2014 -073
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014 -05742 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00063)
(1026 North Tustin Avenue)
WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ")
did receive a verified petition for Conditional Use Permit No. 2014 -05742 to allow the on -site
consumption of beer and wine in an existing restaurant (herein referred to as the "Proposed
Project ") on that certain real property located at 1026 North Tustin Avenue in the City of
Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the "Property "), pursuant to Section 18.60.090 of the Anaheim Municipal Code
( "Code "); and
WHEREAS, the Property is approximately 1.9 acres in size and is developed with a 17-
unit, 146,602 square foot commercial center. The Land Use Element of 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. The
underlying base zone for the Property is the "C -NC" Neighborhood Center Commercial Zone.
Unless otherwise indicated in Section 18.120.100 [Land Use and Development Standards —
Commercial Area (Development Area 5)] of Chapter 18.120 (Northeast Area Specific Plan No.
94 -1 (SP94 -1) Zoning and Development Standards) of the Anaheim Municipal Code (the
"Code "), the zoning and development standards of the "C -NC" Neighborhood Center
Commercial Zone shall apply; and
WHEREAS, on August 25, 2014, the Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in
accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider
evidence for and against proposed Conditional Use Permit No. 2014 - 05742, 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 (i.e.,
Class 1 — Existing Facilities) 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 (Class 1 — Existing Facilities) 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
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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 Conditional Use Permit No. 2014 - 05742, 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 paragraph .0522 of subsection .050 of
Section 18.120.100 [Land Use and Development Standards — Commercial Area (Development
Area 5)] of the Code.
2. The Proposed Project is in compliance with the zoning and development
standards of the "C -NC" Neighborhood Center Commercial Zone and the regulations contained
in Section 18.18.080 (Commercial Zones — Uses).
3. 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
4. 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
5. 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
6. 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.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 2014 -05742 at the Property, 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, (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 Conditional Use Permit No. 2014 -05742 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 of Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2014 -05742
constitutes approval of the proposed request only to the extent that it complies with the Zoning
Code of the City of Anaheim 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 25, 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 resolution of
the City Council in the event of an appeal.
CH RMAN, PLANNING COMMISSION
OF T E CITY OE`ANiHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on August 25, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 25 day of August,
2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00063
E LA PALMA AVE E LA PALMA AVE
APN: 346 - 132 -10
150'
N PACIFIC15W, FR DR
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05742
(DEV2014- 00063)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The managers and/or owners shall call the Department of Alcoholic
Police Department
Beverage Control and obtain LEAD (Licensee Education on Alcohol
and Drugs Program) Training for themselves and service employees.
The contact number is 714 -558 -4101.
2
The activities occurring in conjunction with the operation of this
Police Department
establishment shall not cause noise disturbances to surrounding
properties.
3
All activities related to the use shall occur indoors, except as may be
Planning
permitted by an authorized Special Event Permit.
Department,
Code Enforcement
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4
There shall be no admission fee, cover charge, or minimum purchase
Police Department
required.
5
At all times when the premises is open for business, the premises shall
Police Department
be maintained as a bona fide restaurant and shall provide a menu
containing an assortment of foods normally offered in such restaurant.
6
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.
7
The existing restaurant shall be operated in accordance with the Letter
Planning
of Operation submitted as part of this application. Any changes to the
Department,
business operation as described in the Letter of Operation shall be
Planning Services
subject to review and approval by the Planning Director to determine
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substantial conformance with the Letter of Operation and to ensure
compatibility with the surrounding uses.
8
Security measures shall be provided to the satisfaction of the Anaheim
Police Department
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. 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.
9
The sale of alcoholic beverages for consumption off the premises shall
Police Department
be prohibited.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
The occupancy shall not exceed the lesser of (i) the occupancy limit for
Police Department,
the premises established by the Anaheim Fire Department or (ii) an
Fire Department
occupancy limit established as a condition of the permit approved
pursuant to this chapter, or any zone variance issued pursuant to Title
18 of this Code. Signs indicating the occupant load shall be posted in a
conspicuous place on an approved sign near the main exit(s) from the
room(s).
11
The business shall not employ or permit any persons to solicit or
Police Department
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.
12
The managers and /or owners shall not share any profits, or pay any
Police Department
percentage or commission to a promoter or any other person, based
upon monies collected as a door charge, cover charge, or any other
form of admission charge, including minimum drink orders, or the sale
of drinks.
13
Subject alcoholic beverage license shall not be exchanged for a public
Police Department
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.
14
Adequate lighting of parking lots, passageways, recesses, and grounds
Police Department
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 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.
15
There shall be no entertainment, amplified music, loitering, or dancing
Police Department
permitted outside of the building. No entertainment shall be allowed
on the premises unless the business owner first obtains an
Entertainment Permit.
16
Windows of restaurant shall not be covered by advertising to the extent
Police Department
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. At no time shall window signs exceed
10% of the window area, in compliance with the Zoning Code.
17
No required parking area shall be fenced -off or otherwise enclosed for
Planning
outdoor storage uses.
Department,
Code Enforcement
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
18
The managers and /or owners shall be responsible for maintaining the
Planning
area adjacent to the premises over which they have control, in an
Department,
orderly fashion through the provision of regular maintenance and
Code Enforcement
removal of trash or debris. Any graffiti painted or marked upon the
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premises or on any adjacent area under the control of the licensee shall
be removed or painted over within 24 hours of being applied.
GENERAL CONDITIONS
19
The Applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
20
The Applicant shall defend, indemnify, and hold harmless the City and
Planning
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees ") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
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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.
21
The property shall be developed substantially in accordance with plans
Planning
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department and as
Planning Services
conditioned herein.
Division
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