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Resolution-PC 2015-035RESOLUTION NO. PC2015 -035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015 -05781 AND VARIANCE NO. 2015 -05013 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015- 00009) (605 -607 NORTH EUCLID AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to approve (i) Conditional Use Permit No. 2015- 05781 to permit a restaurant with sales of alcoholic beverages for on- premises consumption, and (ii) Variance No. 2015 -05013 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") (collectively referred to herein as the "Proposed Project ") for premises located at that certain real property at 605 -607 North Euclid Avenue 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 10.5 acres in size and is currently developed with an commercial retail center. The Anaheim General Plan designates the Property for Regional Commercial land uses. The Property is located in the General Commercial Zone and is subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 4, 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. 2015 -05781 and Varaince No. 2015- 05013, 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. 2015- 05781, does find and determine the following: 1. The request for a conditional use permit to permit a restaurant with sales of alcoholic beverages for on- premises consumption is properly one for which a conditional use permit is authorized by Code Section No 18.08.030.040.0402, subject to the imposition of conditions of approval. - 1 - PC2015 -035 2. The conditional use permit, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with a commercial retail center and the Proposed Project will occupy space previously occupied by a restaurant and retail tenant. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4. The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the commercial retail center was designed for restaurant and retail traffic and that the traffic associated with the proposed restaurant is similar to the traffic associated with the previous restaurant and retail tenants. 5. The granting of Conditional Use Permit No. 2015 -05781 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. WHEREAS, based upon the parking justification letter submitted by the applicant, previous parking studies conducted on the property in recent years, and observations made by staff, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (895 spaces required; 683 spaces proposed) 1. Based, in part, upon a review of the findings of a parking justification analysis submitted by the applicant, previous parking studies conducted on the property in recent years, and observations made by staff, that the variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the number of spaces required for this use is comparable to the number of spaces required for retail uses in the center and the studies and observations indicate that there enough parking spaces to accommodate this request; 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking will adequately accommodate the peak parking demands of the proposed resstaurant; 3. That the variance, under the conditions imposed, 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 commercial retail center will adequately accommodate peak parking demands of the use on the site; -2- PC2015 -035 4. That the variance, under the conditions imposed, 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, 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 industrial property. 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. No. 2015 -05781 and Variance No. 2015- 05013, 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 under Variance No. 2015 -05013 and Conditional Use Permit No. 2015 -05781 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. -3 - PC2015 -035 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 May 4, 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 the event of an appeal. IAN, PLANNIN MISSION CITY OF ANA 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 May 4, 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 4 th day of May, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015 -035 EXHIBIT " A " DEV NO. 2015 -00009 pr■ error.... ■ra•ar111�1 11111111 — �� a �C li = ....... ... 11 111111111 m' 11' r � n• 1111 111111111111/ 11111111111111 11111111111111 ,te i N■ um a� � r � EM 0 740' r z W a z Q LL N J (.1 D W - -i 730' 0 z a Z fj 0 50 100 0 Feet W CRESCENT AVE t- 0 0 Y a Z Iii tv zo Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2015 -035 EXHIBIT "B" VARIANCE NO. 2015-05013 CONDITIONAL USE PERMIT NO. 2015-05781 (DEV2015- 00009) -6- PC2015 -035 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1 ' All requests for new water services or fire lines, as well as any Public Utilities modifications, relocations, or abandonments of existing water Department, Water services and fire lines, shall be coordinated through the Water Engineering Division Engineering Division of the Anaheim Public Utilities Department. 2. Any graffiti painted or marked upon the premises or on any adjacent Planning Department, area under the control of the business owner shall be removed or Code Enforcement painted over within 24 hours of being applied. Division 3. The building shall be equipped with a comprehensive security alarm Police Department, system (silent or audible) for the following coverage areas: Planning & Research • The perimeter of the building an access route protection Unit • High valued storage areas • Robbery panic alarm for cashier(s) 4. The applicant shall complete a Burglary /Robbery Alarm Permit Police Department, application, Form APD 516, and return it to the Police Department Planning & Research prior to initial alarm activation. This form is available at the Police Unit Department front counter, or it can be emailed to applicant by contacting Officer Budds at mbudds@anaheim.net 5. Adequate lighting of parking lots, passageways, recesses, and grounds Police Department, contiguous to buildings shall be provided with lighting of sufficient Planning & Research wattage to provide adequate illumination to make clearly visible the Unit 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. 6. There shall be no admission fee, cover charge, Police Department nor minimum purchase required. 7. There shall be no exterior advertising of any kind or type, including Police Department advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 8. That 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. -6- PC2015 -035 -7- PC2015 -035 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 9. At all times when the premise is open for business, the premise 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. 10. 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. 11. Security measures shall be provided to the satisfaction of the Police Department Anaheim Police Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 12. 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. (Section 24200.5 Alcoholic Beverage Control Act). 13. Managers I Owners need to 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 number is 714 -558 -4101. 14. The number of persons shall not exceed the maximum occupancy Police Department load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code). 15. The door(s) shall be kept closed at all times during the operation of Police Department the premises except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. 16. The applicant shall post and maintain a professional quality sign Police Department facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING 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. 17. The sale of alcoholic beverages for consumption off the premises Police Department shall be prohibited. 18. The applicant shall police the area under their control in an effort to Police Department prevent the loitering of persons about the premises. -7- PC2015 -035 -8- PC2015 -035 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT GENERAL CONDITIONS OFAPPROVAL 19. The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as "Indemnitees ") from any Division 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 Planning Department, processing of this discretionary case application within 30 days of the Planning Services 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 accordance Planning Department, with plans and specifications submitted to the City of Anaheim by Planning Services the petitioner and which plans are on file with the Planning Division Department, and as conditioned herein. -8- PC2015 -035