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Resolution-PC 2007-93• • RESOLUTION NO. PC2007-93 A RESOWTION OF THE ANAHEIM PLANNING COMMISSION '' REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0; 2005-04974, AND - , AMENDING CER7AIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005-77, ADOPTED THEREW ITH ' (420-504 SOUTH BROOKHURST STREET) WHEREAS, on May 2, 2005, the Anaheim Planning Commission, by its Resolution No. PC2005- 77 approved Conditionai Use'Permit No. 2005-04974 to permit a restaurant/banquet facility with on-premises !` sale and consumption of alcoholic beverages on property located at 420 South Brookhurst; and WHEREAS, said Resolution No. PC2005-77 includes the following conditions of approvaL• , "1 That the on-premises sales and consumption of alcoholic beverages portion of this - conditional use permit shall expire on May 2, 2007. 5. That the hours of operation shall be limited to Sunday through .Friday 9 a.m. to 10 p.m. and Saturday 9 a.m. to 11 p.m." WHEREAS, this property is currently developed with a restauranUbanquet facility, the underlying zoning is G-G, BCC (General Commercial, Brookhurst Commercial Corridor Overlay); the Anaheim General , Plan designates this property for Corridor Residential land uses, and the property is locatedwithin the West Anaheim Commercial Corridors RedevelopmenYArea; and WHEREAS, the Anaheim Planning Commission did receive a verified F'etition for Reinstatement of Gonditional UsePermit to modify or delete a condition of approval pertaining to a time limitation and hours of operation to retain a previously-approved restaurantlbanquet facility with on-premises sale and consumption of alcoholic beverages pursuant to Code Section Nos. 18A8.030.040.0402 (Recreation - Commercial Indoor) and 18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim County of Orange, State of California, described as: ' THE NORTH 50 FEET OF LOT 4, IN BLOCK B OF TRACT 13, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 6, 2007, at 2:30 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, Chapfer 18.60 "Procedures", 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 consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant's proposal to reinstate a restauran#/banquet facility with on-premises sale and consumption of alcoholic beverages is authorized by the Anaheim Municipal Code Section Nos. 18.08.030.Q40.0402 (Recreation - Commercial Indoor) and 18.60.180. 2. That the proposed reinstatement and deletion of time limitation for the restaurant/banquet facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is currently located because the facility already exists and is operated in conformance with all conditions of approvaL . CR\PC2007-93 -1- PC2007-93 • . 3. That the facts necessary to support each and every required showing for the original approval of the entitlement exists; and that an inspection conducted by the Community Preservation Division of the Planning Department revealed that #he site is in compliance with ail conditions of approvaL 4. That this conditional use permit is being exercised in a manner not detrimentai to the particular area and surrounding land uses, nor to the pubiic health and safety. 5. That the deletion of thetime limitation is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and #he periodic review of the use is no longer necessary. , 6. That no one indicated their presence at'the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ' ' CALIFORNIA'ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls'within the definition of Categorical Exemptions, Section 15301, Class 1(Existing ' Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE; BE iT RESOLVED that the Anaheim Planning Commission, for the reasons hereinabove stated, does hereby reinstate Conditional Use Permit Na 2005-04974, to retain a restaurant/banquet facility with on-premises sale and consumption of alcoholic beverages at 420 South Brookhurst. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the conditions of approval of Resolution No. 2005-77, relating to Conditional Use Permit No. 2005-04974, as : : follows: 1. That no admission fee or any other type of public entrance fee shall be permitted for this facility. 2. Thaf the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 3. That there shall be no pool tables or coin-operated amusement devices maintained upon the premises at any time. 4. That the hours of operation shall be limited to: Monday through Thursday 9 a.m. to 10 p.m. and Friday through Sunday 9 a.m. to 12 a.m. 5. That a manager shall be on-site at all times while the banquet facility is in operation. 6. That at all times when the facility is being utilized as a banquet facility, uniformed security shall be provided to the satisfaction of the Anaheim Police Depa~tment to deter unlawful conduct on #he part of patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise generated by patrons entering or leaving the premises. , 7. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and . shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. That the door located on the east wall of the building shall be kept closed and inaccessible from the exterior of the building to prevent noise impacts to the adjacent residential properties, except in cases of emergency 8. That at all times when the premises is open for business, the premises shall be maintained as a bona fide restaurant as defined in the Anaheim Municipal Code as an establishmen# that is engaged primarily in the business of preparing and serving meals for immediate consumption. The term "primaril~' shaU mean that food and nonalcoholic beverages sales comprise a minimum of sixty percent (60%) of the -2- PC2007-93 • ~ gross income from the establishmenYs business operation. Service of alcoholic beverages is, and shall , at all times be, accessory to the primaryrestaurant use. _ 9. That there shall be no bar or lounge area upon the licensed premise maintained for the purposes of sales, service, or consumption of alcoholic beverages directly to patrons for consumption. 10. That the gross sales of alcoholic beverages shail not exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarteriy basis _ indicating the separate amounts of sales of alcoholic beverages and other items.,These records shali be made available for inspection by any City of Anaheim official when requested. ' 11. That the sale of alcoholic beverages for consumption off the premise shall be prohibited. 12. 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 alcoholic beverages. 13.. That the parking serving the premises shall be equipped with lighting of sufficient power to iiluminate and make easily discernible the appearance and conducYof all persons on or aboufthe parking lit. Said lighting shall be directed, positioned and shielded in such a manner as not to unreasonabiy illuminate the windows of nearby residences. 14. That all doors serving subject restaurant shall conform to the requirement of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. ' 15. That subject alcoholic beverage license shali not be exchanged for a 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. BE 1T FURTHER RESOLVED that, except as amended herein, Resolution No. PC2005-77 shalt remain in full force and effect. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and aii 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 the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 6, 2007. 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 , ._ CHAIRMAN,AN~ EIM PLANNI OMMISSION ATTEST: ~ • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ' I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August8, 2007, by the following vote of#he members thereof: AYES:; COMMISSIONERS: AGARWAL, BUFFA, EASTMAN,FAESSEL,ROMERO, VELASQUEZ NOES: COMMISSIONERS: -NONE ABSENT: COMMISSIONERS: KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this _~~, day of ~~~_, 2007. : r _ R SENIORSECRETARY, ANAHEIM PLANNING COMMISSION