Loading...
Resolution-PC 2015-001RESOLUTION NO. PC2015 -001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006 -05108 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00131) (2414 EAST KATELLA AVENUE) WHEREAS, on July 6, 2006, and subject to certain conditions of approval, the Zoning Administrator of the City of Anaheim, by Resolution No. ZA2006 -14, (1) approved Conditional Use Permit No. 2006 -05108 (herein referred to as the "Original CUP ") to permit the sale of beer and wine for on- premises consumption in a proposed restaurant with outdoor dining on premises located at 2414 East Katella Avenue, County of Orange, State of California (the "Premises "), which Premises is located within a commercial center commonly known as 2406 -2432 East Katella Avenue. The location of the commercial center is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "). The conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval "; and WHEREAS, the Planning Commission did receive a verified petition to amend the Original CUP to permit the sales and consumption of alcoholic beverages at a restaurant at the Premises ( "Proposed Project ") pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code ( "Code "). Said amendment is designated as Conditional Use Permit No. 2006- 05108A; and WHEREAS, the Property is approximately 2.0 acres in size and is developed with an 8 -unit commercial center. The Land Use Element of the Anaheim General Plan designates the Property for Mixed Use 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 January 12, 2015 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 Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2006- 05108A, 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 consists 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 - PC2015 -001 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. 2006- 05108A , does find and determine the following facts: 1. The request to permit alcoholic beverages for on- premises consumption in conjunction with a restaurant in an existing commercial retail center in the Commercial Zone is an allowable use within the "C -G" General Commercial Zone under subsection .010 of Section 18.08 of the Code provided that a conditional use permit is approved. 2. The request to permit alcoholic beverage service for on- premises consumption in conjunction with a 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 proposed use of the Premises at the Property is compatible with the existing uses within the commercial center and uses in 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 of the Premises; and 4. The traffic generated by permitting alcoholic beverage service for on- premises consumption in conjunction with a 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 Premises and the permitted businesses within the commercial center; and 5. The granting of Conditional Use Permit No. 2006- 05108A 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 2006- 05108A is hereby approved, thereby amending the Original CUP for the Proposed Project. -2- PC2015 -001 BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval ") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 2006- 05108A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B , which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 2006- 05108A. BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B attached hereto are hereby found to be a necessary prerequisite to the proposed use of the Premises under Conditional Use Permit No. 2006- 05108A 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 12, 2015. 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 t4e--�vent of an appeal. IAN, PLANNING OMMISSION CITY OF ANAHEIM ATTEST: z SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2015 -001 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 January 12, 2015, 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 12'" day of January, 2015. ECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015 -001 EXHIBIT "A" DEV NO. 2014 -00131 APN: 253- 532 -13 S SINCLAIR ST Q W W 0 LL a�Z LO Fr r 41S � I(,4y� X13 ® Source: Recorded Tract Maps andlor City GIS. Ft. c Please note the accuracy is +/- two to five feet. - 5 - PC2015 -001 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2006-05108A (DEV2014- 00131) -6- PC2015 -001 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1 ' The managers and /or owners shall coordinate with the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education police Department 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 Planning Department, be permitted by an authorized Special Event Permit. Code Enforcement Division 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 Police Department shall 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, Police Department 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 Planning Department, Letter of Operation submitted as part of this application. Any Planning Services 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. 8. 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. 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 Police Department shall be prohibited. -6- PC2015 -001 -7- PC2015 -001 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 10. The occupancy shall not exceed the occupancy limit for the premises Police Department, established by the Anaheim Fire Department. Signs indicating the Fire Department 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 Police Department 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. 14. Adequate lighting of parking lots, passageways, recesses, and Police Department grounds 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. No required parking area shall be fenced -off or otherwise enclosed Planning Department, for outdoor storage uses. Code Enforcement Division 16. Windows of restaurant shall not be covered by advertising to the Police Department 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. At no time shall window signs exceed 10% of the window area, in compliance with the Zoning Code. 17. The managers and /or owners shall be responsible for maintaining the Planning Department, area adjacent to the premises over which they have control, in an Code Enforcement orderly fashion through the provision of regular maintenance and Division removal of trash or debris. 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 24 hours of being applied. 18. There shall be no entertainment, amplified music, loitering, or Police Department dancing permitted outside of the building. No entertainment shall be -7- PC2015 -001 - 8 - PC2015 -001 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT allowed on the premises unless the business owner first obtains an Entertainment Permit. GENERAL CONDITIONS OFAPPROVAL 19. The Applicant shall defend, indemnify, and hold harmless the Planning Department, City and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as "Indemnitees ") from Division 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 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. 20. The applicant is responsible for paying all charges related to the pp � P p Y g g Planning Dep artmen t, g p , processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building Division 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. 21. The subject Property shall be developed substantially in Planning Department, accordance with plans and specifications submitted to the City of Planning Services Anaheim by the petitioner and which plans are on file with the Division Planning Department, and as conditioned herein. - 8 - PC2015 -001