Resolution-PC 2014-116RESOLUTION NO. PC2014 -116
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05757 AND
VARIANCE NO. 2014-04986 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00090)
(720 SOUTH BEACH BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition for (i) Conditional Use Permit No. 2014 -05757 to
permit the sale of beer and wine for on- premises consumption within an existing restaurant, and
(ii) Variance No. 2014 -04986 to allow fewer parking spaces than required by the Anaheim
Municipal Code (the "Code ") (collectively, the "Proposed Project ") for premises located on that
certain real property at 720 South Beach 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 is approximately 0.98 -acre in size and is developed with an
existing restaurant building and a two -story retail /office building. The Land Use Element of the
Anaheim General Plan designates the Property for Corridor Residential land uses. The Property
is located within the "C -G" General Commercial Zone. As such, the Property is subject to the
zoning and development standards described in Chapter 18.08 (General Commercial Zone) of
the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 15, 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 and testimony for and against the Proposed Project 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 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 for Conditional Use Permit No. 2014 - 05757, does find
and determine the following facts:
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1. The proposed conditional use permit to permit the sale of beer and wine for on-
premises consumption within an existing restaurant would not adversely affect the adjoining land
uses, or the growth and development of the area in which it is proposed to be located because
Beach Boulevard is a predominantly commercial corridor consisting of other commercial uses;
and, the on- premises sale of beer and wine at the Property will not contribute to an increase in
crime in the area as there currently is not an overconcentration of on -sale beer and wine licenses
within the Census Tract.; and
2. 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
3. The traffic generated by permitting beer and wine service for on- premises
consumption in conjunction with the 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 traffic
generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets
and adequate parking will be provided to accommodate the use; and
4. 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 Property is a commercial center
which allows restaurant businesses and the existing restaurant is compatible with the surrounding
area, subject to compliance with the conditions contained herein.
WHEREAS, the Planning Commission does further find and determine that the request
for a variance to allow fewer parking spaces than required by the Code in conjunction with the
existing restaurant, including an outdoor patio, should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(73 spaces required; 57 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer
off - street parking spaces to be provided for the all uses on site than the number of such spaces
necessary to accommodate all vehicles attributable to such uses under the normal and reasonably
foreseeable conditions of operation of such uses. A parking justification letter was prepared by
the applicant, determining that the current number of parking spaces within the Property is
sufficient to accommodate all of the current and future uses on site. Additionally, since the
restaurant would have off - setting peak hours from the retail tenants anticipated at full property
tenancy, parking would be adequate to accommodate the full parking demands for the property;
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the Property because existing parking spaces on site will adequately accommodate the peak
parking demands of the existing restaurant as the peak parking demands of all existing and future
uses will not occur at the same time;
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3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the on -site parking for the Property will adequately
accommodate peak parking demands for the current and futures uses on the site;
4. That the variance, under the conditions imposed, if any, will not increase
traffic congestion within the off - street parking areas or lots provided for the proposed use
because the project site provides adequate ingress and egress points to the property and are
designed to allow for adequate on -site circulation; and
5. That the variance, under the conditions imposed, if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use because the project site has existing ingress or egress access points
that are designed to allow adequate on -site circulation and therefore will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the Property; and
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2014 -05757 and Variance No. 2014 - 04986, contingent
upon and subject to the conditions of approval set forth 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.
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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
December 15, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
, P� nr-
CHAI MAN, PLAN
COMMISSION
O E CITY OF A EIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 December 15, 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 15 day of December,
2014.
S CRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT " A "
DEV NO. 2014 -00090
APN: 126- 120 -11
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Source: Recorded Tract Maps andtor City GIS.
Feet
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05757 AND VARIANCE NO. 2014-04986
(DEV2014- 00090)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
WITHIN 90 DAYS OF APPROVAL OF THIS PERMIT
1
The boat located on the roof of the restaurant building being used as a
Planning Department,
sign shall be removed from the project site within 90 days. All other
Planning Services
signs shall be in conformance with the Zoning Code.
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ON -GOING DURING PROJECT OPERATIONS
2
There shall be no admission fee, cover charge, nor minimum purchase
required.
Police Department
3
There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating
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the availability of alcoholic beverages.
4
That subject alcoholic beverage license shall not be exchanged 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
Police Department
Professions Code.
5
At all times when the premise is open for business, the premise shall be
maintained as a bona fide restaurant and shall provide a menu containing
Police Department
an assortment of foods normally offered in such restaurant.
6
Parking lots, driveways, circulation areas, aisles, passageways, recesses
and grounds contiguous to buildings, shall be provided with enough
lighting to illuminate and make clearly visible the presence of any person
Police Department
on or about the premises during the hours of darkness and provide a
safe, secure environment for all persons, property, and vehicles onsite.
7
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
Police Department
vehicles, and to prevent disturbances to the neighborhood by excessive
noise created by patrons entering or leaving the premises.
8
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
Police Department
profit- sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic
Beverage Control Act)
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
9
LEAD (Licensee Education on Alcohol and Drugs Program) Training
from the California Department of Alcoholic Beverage Control will be
required for the owner and any manager and employee involved with the
Police Department
service of alcoholic beverages at the business premises. The number is
714 -558 -4101.
10
Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee shall be removed or painted over within
Police Department
24 hours of being applied.
11
The number of persons shall not exceed the maximum occupancy load as
determined by the Anaheim Fire Department. Signs indicating the
occupant load shall be posted in a conspicuous place on an approved sign
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near the main exit from the business premises. (Section 25.114(a)
Uniform Fire Code)
12
The petitioner(s) shall be responsible for maintaining free of litter the
area adjacent to the premises over which they have control.
Police Department
13
The door(s) shall be kept closed at all times during the operation of the
premises except in cases of emergency. Said door(s) not to consist solely
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of a screen or ventilated security door.
14
Petitioner(s) shall police the area under their control in an effort to
prevent the loitering of persons about the premises.
Police Department
15
The Petitioner(s) shall post and maintain a professional quality sign
facing the premises parking lot(s) in a location satisfactory to the
appropriate representative of the Police Department, that reads as
follows:
NO LOITERING, NO LITTERING
Police Department
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block lettering.
The sign shall be in English and Spanish.
16
The patio hours shall be limited to not later than 10:00 p.m. each day of
the week and the restaurant's hours of operation shall be limited to not
Police Department
later than 12:00 midnight.
17
The sale of alcoholic beverages for consumption off the premises shall be
prohibited.
Police Department
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
GENERAL
18
The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
planning Department,
applicant and which plans are on file with the Planning Department, and
Planning Services
as conditioned herein.
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19
Conditions of approval related to each of the timing milestones above
shall be prominently displayed on plans submitted for permits. For
example, conditions of approval that are required to be complied with
prior to the issuance of building permits shall be provided on plans
planning Department,
submitted for building plan check. This requirement applies to grading
Planning Services
permits, final maps, street improvement plans, water and electrical plans,
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landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
20
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
planning Department,
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
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revocation of the approval of this application.
21
The Applicant shall defend, indemnify, and hold harmless the City and
its officials, officers, employees and agents (collectively referred to
individually and collectively as "Indemnitees ") from any and all claims,
actions or proceedings brought 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
Planning Department,
made prior to the decision, or to determine the reasonableness, legality or
Planning Services
validity of any condition attached thereto. The Applicant's
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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.
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