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Resolution-PC 2016-017RESOLUTION NO. PC2016-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 1263A AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00040) (530 NORTH EAST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 1263A to amend conditions of approval to modify the hours of operation for an existing restaurant (EI Nopal Restaurant) within a portion of an existing commercial retail center (the "Proposed Project") for premises located at 530 North East Street (herein referred to as the "Premises") in the City of Anaheim, County of Orange, State of California. The existing commercial retail center is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to as the "Property"); and WHEREAS, the Property is approximately 1. 16 acres in size and is currently developed with a commercial retail center. The Anaheim General Plan designates the Property for Residential Low Density (R -L) 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 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on February 16, 1966 the then Planning Commission approved Conditional Use Permit No. 813, which permitted the sale of beer on the premises of the restaurant, limited the hours of operation from 11:00 a.m. to 11:00 p.m., and further restricted the service of alcoholic beverages (beer) to be incidental to food sales. Subsequently, in 1967, the then Planning Commission considered a request for interpretation as to whether their original approval of on -sale beer would include on -sale wine. The then Planning Commission approved Resolution No. PC67-285, concluding that on -sale wine would be "light" alcoholic beverages and could be permitted under the original conditional use permit and further extended the hours of operation until 12:00 a.m. on Friday and Saturday nights only; and WHEREAS, on September 30, 1971, the then Planning Commission approved Resolution No. PC71-185, in conjunction with Conditional Use Permit No. 1263, to permit the sale of beer, wine and distilled spirits for on-site consumption in an existing restaurant at the Premises; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 8, 2016 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. 1263A, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2016-017 WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated 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 the CEQA Guidelines, 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. 1263A, does find and determine the following: 1. A conditional use permit is required under Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code for the sale of alcoholic beverages within the "C -G" General Commercial Zone. An amendment of conditions for a conditional use permit is required under Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the Code. 2. The proposed conditional use permit to amend the hours of operation within a restaurant, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which the restaurant is located because the use is currently located within a small tenant space of an existing commercial retail center surrounded by compatible buildings and uses and has been in operation with the proposed hours for approximately 30 years. 3. The size and shape of the site for the use is adequate to allow the full development of the restaurant in a manner not detrimental to the particular area or to the health and safety because the facility is located within a commercial retail center and that no change in use will occur. 4. The traffic generated by the restaurant with the modification to hours will 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. 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 as the proposed land use will continue to be integrated with the surrounding commercial uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. - 2 - PC2016-017 WHEREAS, this 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. This 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, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 1263A, 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 that portion of the Property for which Conditional Use Permit No. 1263A is applicable 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 the condition of approval pertaining to the hours of operation as stipulated in Original CUP 813, and as set forth in Resolution No. PC67- 285, is hereby deleted in its entirety. Except as expressly modified in this Resolution, the conditions of approval and entitlements of Original CUP Nos. 813 and 1263 shall remain in full force and effect. 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. - 3 - PC2016-017 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 8, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 February 8, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: DALATI IN WITNESS WHEREOF, I have hereunto set my hand this Bch day of February, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-017 EXHIBIT "A" DEV NO. 2015-00040 5"""' O v Source: Recorded Tract Maps and/or City GIS. Feer Please note the accuracy is +/- two to five feet. - 5 - PC2016-017 0 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 1263A (DEV2015-00040) - 6 - PC2016-017 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1 Any graffiti painted or marked upon the business premises or on any Planning and Building adjacent area under the control of the business owner shall be removed Department, or painted over within 24 hours of being applied or discovered by the Code Enforcement business owner. Division 2 The business shall be operated in accordance with the Letter of planning and Building Request submitted as part of this application. Any changes to the Department, business operation, as described in that document, shall be subject to review and approval by the Planning Director to determine substantial Planning Services conformance with the Letter of Request and to ensure compatibility Division with the surrounding uses. 3 Within 90 days after the issuance of an Entertainment Permit by the planning and Building City, the owner shall install sound attenuation materials in the Department, restaurant space to effectively reduce/eliminate noise generated by the restaurant in a manner consistent with the City's noise ordinance. Planning Services Division 4 The rear door located on the north building wall shall remain closed at all times, except for emergency exiting purposes as required by the Building Division, Fire Department and Building Division. Fire Department, Code Enforcement Division 5 The hours of operation for the restaurant shall be limited from 8:00 planning and Building a.m. until 11:00 p.m. Sunday through Thursday, and 8:00 a.m. until midnight Friday and Saturday. Department, Code Enforcement Division 6 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. 7 That subject alcoholic beverage license shall not be exchanged for a Police Department public premises (bar) type license nor shall the establishment be operated as a public premises as defined in Section 23039 of the Business and Professions Code. 8 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 - PC2016-017 - 7 - PC2016-017 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 9 Parking lots, driveways, circulation areas, 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 darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 10 There shall be no entertainment, amplified music or dancing permitted Police Department on the premises 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 Anaheim Police Department 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 There shall be no admission fee, cover charge, nor minimum purchase Police Department required. 14 Managers I Owners need to call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The number is 714-558-4101 . 15 Any Graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 16 The petitioner(s) shall be responsible for maintaining free of litter the Police Department area adjacent to the Police Department premises over which they have control, as depicted. 17 The number of persons shall not exceed the maximum occupancy load Police Department 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 2S.114(a) Uniform Fire Code) 18 The door(s) shall be kept closed at all times during the operation of the Police Department premises except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. - 7 - PC2016-017 - 8 - PC2016-017 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 19 The Petitioner(s) 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. 20 The sale of alcoholic beverages for consumption off the premises shall Police Department be prohibited. 21 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of Police Department persons about the premises. GENERAL CONDITIONS OFAPPROVAL 22 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building 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, Division 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. 23 The applicant is responsible for paying all charges related to the Planning and Building 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 Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 24 The business premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by the Department, petitioner, which plans are on file with the Planning Department, and Planning Services as conditioned herein. Division - 8 - PC2016-017