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Resolution-PC 2000-79• • RESOLUTION NO. PC2000-79 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING THE CONDITIONS OF APPROVAL OF THE ZONING ADMINISTRATOR DECISION N0. 90-42 ADOPT~ED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3293 (Tracking number Conditional Use Permit No. 2000-04215 WHEREAS, on July 5, 1990, the Anaheim Zoning Administrator adopted Decision No. 90- 42, to grant Conditional Use Permit No. 3293 to permit an addition to a restaurant with on-sale beer and wine with waiver of minimum structural setback at 2110 South Harbor Boulevard; and WHEREAS this property is developed with a recently remodeled 5,500 square foot, sit- down restaurant and has been zoned CL (Commercial, Limited) since 1963. The City of Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses; and WHEREAS the petitioner requests approval of a conditional use permit under authority of Code Section 18.44.050.300 to construct an outdoor dining area in conjunction with an existing sit-down restaurant with sales of beer and wine for on-premises consumption with waiver of the following: SECTION NOS. 18.06.050.0232 Minimum number of parking sqaces. AND 18.44.066.050 (90 required; 76 proposed.) WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 5, 2000, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideratia;n of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the waiver pertaining to the minimum number of parking spaces is hereby approved on the basis that the City Traffic and Transportation manager has reviewed and approved a parking study prepared by Katr, Okitsu & Associates, INC, dated April 4, 2000, and has determined that 26 parking spaces are adequate to serve the restaurant and proposed outdoor dining area. 3. That the parking waiver, under the conditions imposed will not cause fewer off-street parking spaces to be provided for the expanded 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. 4. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the expanded use. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the expanded use. CR3987PK.doc -1- PC2000-79 • • 6. That the parking waiver, under the two conditions imposed will not increase traffic congestion within the off-street parking areas 5 or lots provided for the proposed expansion because the parking demand forecast for the expansion on this site is equal to or less than the supply provided on- site, and that traffic and parking congestion will not occur because the overall demand for parking at this site is lower than or equal to the amount of parking provided. 7. That the parking waiver, 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 is not expected to result in demand for on-street parking in the vicinity of any driveways or other locations in the project vicinity. 8. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site for the expanded use is adequate to allow the full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 10. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 11. That the granting of the conditional use permit under the conditions imp~sed, will not be detrimentat to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 12. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemption-Class 1, as defined in the State EIR Guidelines and is therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit No. 2000-04215, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed expansion of the use of the subject property in order to preserve the sa~fety and general welfare of the Citizens of the City of Anahiem. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve tracking number Conditional Use Permit No. 2000-04215. Modifying Zoning Administrator Decision No. 90-42 adopted in connection with Master Conditional Use Permit No. 3293 in its entirety, with the following conditions of approval: 1. That the establishment shall be operated as a"Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. 2. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. 3. That food service with a full meal shall be available from opening time until either 11:00 p.m. or closing time, whichever occurs first, om each day of operation. 4. That there shall be no pool tables maintained upon the premises at any time. -2- PC2000-79 ~ • 5. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. 6. That the sales of beer and wine shall rnot exceed 40% of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available, subject to audit and, when requested inspection by any City of Anaheim official during reasonable business hours. 7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 8. That the sales of beer and wine for consumption off the premises shall be prohibited. 9. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages. 10. That the parking lot serving the premiSes shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 11. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or 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. 12. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, to permit deliveries and in cases of emergency. 13. That the outdoor dining area shall be completely enclosed by fencing or other such permanent structure as approved by the City, at least forty (40) inches in height, into which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees other than in an emergency. 14. That there shall be no direct pedestrian access to the outdoor dining area from outside the building. All access to this area shall be solely t~rough the restaurant. 15. That the daily hours of operation for the restaurant shall be as follows: 6:00 a.m. to 11:00 p.m. - Sunday through Thursday 6:00 a.m. to Midnight - Friday and Saturday 16. That prior to issuance of a building permit, the developer shall pay the Sewer Impact and Improvement Fee for the South Central Area. The fee will only be applied to the addition. The fee is currently $163/1,000 square foot. 17. That prior to issuance of building perrnit, fees for primary mains and Fire protection service, shall be paid to the Water Engineering Division in accordance with rules 15A and 20 of the Water Utility Rates, Rules and Regulations. -3- PC2000-79 ~ • 18. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 19. That prior to issuance of a building permit, the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an amount established by City Council Resolution. 20. That all driveways shall be maintainedl to accommodate fifteen (15) foot radius curb returns in conformance with Engineering Department Standards. Existing broken or cracked driveways shall be removed and replaced as required b the City Engineer. 21. That prior to issuance of a building petmit or within 90 days from the date of approval of this project, the developer shall pay a city-wide traffic impact fee to the Traffic Division in an amount established by the City Council Ordinance/Resolution. This fee will be used to fund traffic and transportation improvements within the area impacted by this project. Said fee shall be subject to adjustment by the City Council. 22. That no compact parking spaces are permitted except the existing 20 (8' X 18') compact parking spaces located in the east parking area. 23. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 24. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 25. That there shall be no advertising on the umbrellas or the outdoor dining furniture. 26. That there shall be a landscape planter with minimum 4-foot high shrubs installed on the west elevation of the building to screen direct view from Harbor Boulevard directly into the patio area. 27. That trash storage areas shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation DiNision and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for Planning Department and Public Works Department, Streets and Sanitation Division approval. 28. That trash storage areas shall be refurbished to comply with approved plans on file with the Public Works Department and that the enclosure gates shall be painted. 29. That the owner of the owner of subject property shall submit a letter to the Zoning Division requesting termination of Conditional Wse Permit No. 1011 (to permit a drive-in restaurant with waiver of minimum number of parking spaces). 30. That the proposal shall comply with all signing requirements of the CL (Limited, Commercial) Zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. -4- PC2000-79 • • 31. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1, 2, and 3, Exhibit No. 4(CUP 2000-04215) and Exhibit Nos. 2 and 3(Master CUP No. 3293) and as conditioned herein. 32. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 16, 17, 18, 19, 21, 27 and 29 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 33. That prior to final building and zoning inspections, Condition Nos. 10, 12, 13, 20, 26,27, 28 and 31 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. Further, if an extension of time is requested for the ~Icohol sales portion of this request, it shall be considered at a noticed public hearing. 34. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning 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 June 5, 2000. /l ,~%~~ - oC/1~ CHAIRP RSON, ANAHEIM CI PLANNING COMMISSION ATTEST: . ~~k~~~ SECRE ARY, AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 5, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, ~OYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this 3~ day of , 2000. ~~~'J SECR TAR , NAHEIM CITY PLANNING COMMISSION -5- PC2000-79