Resolution-PC 2016-037RESOLUTION NO. PC2016-037
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2016-05862 FOR A TYPE 41 ON SALE BEER & WINE — EATING PLACE
ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2016-00020)
(5579 EAST SANTA ANA CANYON ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2016-05862 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 an existing cafe within an existing salon (the "Proposed
Project") located at 5579 East Santa Ana Canyon Road in the City of Anaheim, County of
Orange, State of California (the "Property") within a retail commercial center generally depicted
on the map attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Property is part of a 3 -acre, approximately 43,148 square -foot multi -
tenant commercial retail shopping center, which is located within the "C -NC" Neighborhood
Center land use designation of the Anaheim General Plan. The Property is located in the "C -G"
General Commercial Zone and is subject to the zoning and development standards contained in
Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); provided,
however, that the requirements of the Scenic Corridor (SC) Overlay Zone, as set forth in Chapter
18.18 (Scenic Corridor (SC) Overlay Zone) shall apply to the Property and supersede any
inconsistent regulations of the "C -G" General Commercial Zone; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 16, 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 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 the Implementation of the California
Environmental Quality Act (commencing with Cal. Code Regs. tit. 14, § 15000; 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, this 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 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
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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, this 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 Proposed Project and, specifically, with respect to the request
forConditional Use Permit No. 2016-05862, does find and determine the following:
1. The request to allow the sale of beer and wine with a Type 41 (On -Sale Beer & Wine
— Eating Place) license for on -premises consumption in conjunction with an existing cafe is
properly one for which a conditional use permit is authorized in the "C -G" General Commercial
Zone, subject to a conditional use permit and the zoning and development standards of the
Scenic Corridor (SC) Overlay Zone pursuant to Section 18.18.090 (Commercial Zones —
Standards) of the Code;
2. The request to permit the sale of beer and wine for on -premises consumption in
conjunction with an existing cafe 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
already developed with a multi -tenant commercial building and the proposed use would be
compatible with the existing uses within the shopping center and surrounding area.
3. The size and shape of the site is adequate to allow the full development of the
proposed 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 already improved with a multi -tenant
commercial building and no expansion to the existing building or use is proposed.
4. The traffic generated by permitting the sale of beer and wine for on -premises
consumption in conjunction with a cafe 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 Property
and the permitted businesses within the commercial center.
5. The granting of Conditional Use Permit No. 2016-05862 under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim.
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 Proposed 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, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve Conditional Use Permit No.
2016-05862, 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 Conditional Use Permit No.
2016-05862 in order to preserve the health, safety and general welfare of the citizens of the City
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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 this 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
May 16, 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
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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 16, 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 16th day of May, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00020
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05862
(DEV2016-00020)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
CAFE CONDITIONS OF APPROVAL
1.
No person under the age of 18 shall sell or serve alcoholic beverages.
Police Department
2.
That subject alcoholic beverage license shall not be exchanged for a
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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.
3.
At all times when the premise is open for business, the premise shall be
Police Department
maintained as a bona fide restaurant and shall provide a menu containing
an assortment of foods normally offered in such restaurant.
4.
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.
5.
Managers / 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.
6.
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.
There shall be no exterior advertising of any kind or type, including
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advertising directed to the exterior from within, promoting or indicating
the availability of alcoholic beverages.
8.
Applicant shall post clearly visible signs that read "No Alcoholic
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Beverages Beyond This Point' at any exit door that leads outside the
main building.
9.
Identification must be shown with each purchase. A patron may not
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purchase alcohol for other guests unless each person is at the register and
has provided proper identification.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10.
Sales of alcoholic beverages for consumption off the premises are
Police Department
prohibited.
11.
No distilled spirits are allowed under this ABC license.
Police Department
12.
Beer and wine are to be sold in clear plastic cups (no glass containers)
Police Department
that are clearly distinguishable from the other non-alcoholic drinks
available for purchase.
COMMERCIAL RETAIL CENTER CONDITIONS OF APPROVAL
13.
Adequate lighting of parking lots, passageways, recesses, and grounds
Police Department
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.
14.
The owner of the commercial center shall be responsible for maintaining
Planning and
the commercial center in an orderly fashion through the provision of
Building Department,
regular maintenance and removal of trash or debris. Any graffiti painted
Code Enforcement
or marked upon the buildings making up the subject Property shall be
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removed or painted over within 24 hours of being applied.
GENERAL CONDITIONS OFAPPROVAL
15.
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and
its officials, officers, employees and agents (collectively referred to
Building Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review, set
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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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
16.
The applicant is responsible for paying all charges related to the
Planning and
processing of this discretionary case application within 30 days of the
Building 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
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
17.
The subject Property shall be developed, used and maintained
Planning and
substantially in accordance with plans and specifications submitted to
Building Department,
the City of Anaheim by the petitioner and which plans are on file with
Planning Services
the Planning Department, and as conditioned herein.
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