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Resolution-PC 2018-001RESOLUTION NO. PC2018-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05941 TO PERMIT A TYPE 41 (ON -SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2417-00108) (928 NORTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05941 to permit the sale of beer and wine with a Type 41 (On -Sale Beer and Wine) license issued by the State of California Department of Alcoholic Beverage Control (herein referred to as "ABC") for on -premises consumption in conjunction within an existing restaurant located at 928 North Euclid Street, in the City of Anaheim, County of Orange, State of California. The existing restaurant is located within a retail commercial center on real property generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2017-05941 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is part of a 0.68 -acre 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"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 22, 2018 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. 2017-05941 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 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 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 - PC2018-001 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. 2017-05941, does find and determine the following: 1. The proposed request to permit the sale of beer and wine for on -premises consumption in conjunction with an existing restaurant in a commercial retail center is an allowable use within the "C -G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C -G" General Commercial Zone. 2. The Proposed Project 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 use of a portion of the Property as a restaurant with incidential beer and wine sales for on-site consumption is compatible with the existing uses within the commercial center and uses in the surrounding area. 3. The size and shape of the site is adequate to allow the full development of the Proposed Project 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 no expansion to the building is proposed. 4. The traffic generated by permitting the sale of beer and wine for on -premises consumption in conjunction with an existing 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 would not increase in conjunction with this request. 5. The granting of Conditional Use Permit No. 2017-05941 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 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. 2017-05941, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference. - 2 - PC2018-001 BE IT FURTHER RESOLVED that the conditions of approval set forth in Exhibit B attached hereto are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2017-05941 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 22, 2018. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2018-001 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 22, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL 2018. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of January, - ar'e4p-t SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-001 APN: 034-411-11 W FRANCIS DR pr� EXHIBIT "A" DEV NO. 2017-00108 W LA PALMA AVE 390' 390' W CATHERINE DR W DOGWOOD AVE Z UJ 0 Ln W FRANCES DR D Z W CATALPA DR Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2018-001 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05941 (DEV2017-00108) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS OF -APPROVAL 1 The restaurant shall be operated in accordance with the Letter of Operation submitted as part of the application. Any changes to the Planning and business operation described in the Letter of Operation shall be subject Building Department 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. 2 There shall be no admission fee, cover charge, nor minimum purchase Police Department required. 3 There shall be no exterior advertising or sign of any kind or type, Police Department including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 4 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. 5 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. 6 Parking lots, driveways, circulation areas, aisles, passageways, recesses Police Department 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. 7 There shall be no entertainment, amplified music or dancing permitted Police Department on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 8 Security measures shall be provided to the satisfaction of the Anaheim Police Department Police Department to prevent disturbances to the nearby neighborhood. - 6 - PC2018-001 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 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) 10 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. 11 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. 12 The petitioner(s) shall be responsible for maintaining free of litter the Police Department area adjacent to the premises over which they have control, as depicted. 13 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 25.114(a) Uniform Fire Code) 14 The door(s) shall be kept closed at all times during the operation of the Police Department business except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. 15 The business owner 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. 16 The sale of alcoholic beverages for consumption off the premises shall Police Department be prohibited. 17 The owner shall police the area under their control in an effort to prevent Police Department the loitering of persons about the premises. - 7 - PC2018-001 18 The applicant shall be responsible for maintaining the area adjacent to Planning and Building the premises over which they have control, in an orderly fashion through Department, the provision of regular maintenance and removal of trash or debris. Any Code Enforcement graffiti painted or marked upon the premises or on any adjacent area Division under the control of the licensee shall be removed or painted over within 24 hours of being applied. 19 Within 90 days of conditional use permit approval, the applicant shall Planning and Building remove or obtain sign permits for all unpermitted signs, including the Department, existing roof/pole sign. Planning Services Division 20 Within 30 days of conditional use permit approval, new landscape Planning and Building material (shrubs and ground cover) shall be planted within the landscape Department, planter adjacent to the building along Euclid Street. The restored Planning Services landscaping shall be provided with proper irrigation and maintained in Division perpetuity in compliance with Condition No. 18 above. GENERAL CONDITIONS OFAPPROVAL 21 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 claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, Division 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. 22 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. 23 The subject Property shall be developed, used and maintained Planning and Building substantially in accordance with plans and specifications submitted to Department, the City of Anaheim by the petitioner and which plans are on file with Planning Services the Planning Department, and as conditioned herein. Division - 8 - PC2018-001