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Resolution-PC 2016-028RESOLUTION NO. PC2016-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVAL OF SPECIFIC PLAN ADJUSTMENT NO. 2016-00067 (DEV2016-00007) (8032 EAST SANTA ANA CANYON ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Specific Plan Adjustment No. 2016-00067, which involves the modification of zoning and development standards adopted in connection with The Festival Specific Plan Area described in Specific Plan No. 90-1 for the Festival Regional Shopping Center ("Specific Plan No. 90-1") to conditionally permit the sale of beer and wine for on -premises consumption in connection with food sales at the one multi-plex cinema permitted in the Retail Commercial and Entertainment Development Area (Development Area 2) shown as Exhibit 7 to Specific Plan No. 90-1; and WHEREAS, the one multi-plex cinema permitted in the Retail Commercial and Entertainment Development Area (Development Area 2) is located at 8032 East Santa Ana Canyon Road in the City of Anaheim, County of Orange, State of California (the "Property") within a retail commercial center known as "The Festival" and generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property is approximately 2.64 acres in size. The Anaheim General Plan designates the Property for Regional Commercial land uses. The Property is located within The Festival Specific Plan Area. As such, the Property is subject to the zoning and development standards described in Chapter 18.108 (Festival Specific Plan No. 90-1 (SP 90-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and WHEREAS, Specific Plan Adjustment No. 2016-00067 is proposed in conjunction with a request for Conditional Use Permit No. 2016-05855 to permit the sale of beer and wine with a Type 41 (On Sale Beer & Wine — Eating Place) license issued by the State of California Department of Alcoholic Beverage Control (herein referred to as "ABC") for on -premises consumption at the Property; and WHEREAS, Specific Plan Adjustment No. 2016-00067 and Conditional Use Permit No. 2016-05855 shall be referred to herein collectively as the "Proposed Project"; and 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 (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, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission has found and determined that the effects of the Proposed Project are typical of those generated within that class of projects - I - PC2016-028 (i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, 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 did hold a public hearing at the Civic Center in the City of Anaheim on April 18, 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 the Proposed Project and to investigate and make findings and recommendations in connection therewith; and 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 (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, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission has found and determined 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 operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, 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 consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine that Specific Plan Adjustment No. 2016-00067, which involves the modification of zoning and development standards adopted in connection with The Festival Specific Plan Area described in Specific Plan No. 90-1 to conditionally permit the sale of beer and wine for on -premises consumption in connection with food sales at the Property, is consistent with the surrounding retail and commercial uses of The Festival. 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. - 2 - PC2016-028 NOW, THEREFORE, BE IT RESOLVED that, on the basis of the above findings and determinations, this Planning Commission does hereby recommend that the City Council approve Specific Plan Adjustment No. 2016-00067 and recommends that the City Council adopt an ordinance amending Section 18.108.040 of Chapter 18.108 of Title 18 of the Code in accordance with Specific Plan Adjustment No. 2016-00067. BE IT FURTHER RESOLVED that this Resolution shall not constitute an amendment to Section 18.108.040 of Chapter 18.108 of Title 18 of the Code, or a commitment by the City to amend said Section 18.108.040. Any such amendment shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 18, 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 and may be replaced by a City Council Resolution in the event of an appeal. 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 April 18, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of April, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2016-028