Resolution-PC 2007-154• •
RESOLUTION NO. PC2007-154
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
GRANTING CONDITIONAL USE PERMIT NO. 2007-05248
(1005 - 1105 EAST KATELLA AVENUE)
WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan
Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to
The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007-
00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement
(MIS200'7-00203); and (vi) further discretionary actions described in Draft Subsequent
Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum
Triangle (herein collectively referred to as the "Platinum Triangle Expansion Project"); and
WHEREAS, the "Platinum Triangle Expansion Project" is pending Commission
consideration on the same agenda as this request, and further, that the City Council is scheduled to
consider the "Platinum Triangle Expansion Project" on December 11, 2007; and
WHEREAS, the Platinum Triangle Mixed Use (PTMU) Overlay Zone, Section
18.20.030.010 of Chapter 18.20 of the Anaheim Municipal Code, allows full service restaurants
v~ith on-premise sales and consumption of alcoholic beverages subject to the approval of a
conditional use permit.
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in The Platinum Triangle area of the City
of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 10, 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, Chapter 18.60 "Procedures", to hear and consider evidence for and against said
proposed conditional use permit 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 request to permit a full service restaurant with on-premise sale and
consumption of alcoholic beverages is properly one for which a conditional use permit is authorized
by Anaheim Municipal Code Section No. 18.20.030 for this property, as proposed for
reclassification by the "Platinum Triangle Expansion Project" actions.
2. That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located because the proposed project is
compatible with existing and surrounding land uses, and will further provide a project that is
compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum
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Triangle Master Land Use Plan (PTMLUP), as proposed for amendment by the "Platinum Triangle
Expansion Project" actions.
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and
safety of the citizens of the City of Anaheim.
4. That, with implementation of the mitigation measures set forth in FSEIR No. 334
and Mitigation Monitoring Plan No. 149, the approval of the proposed full-service restaurant with
on-premise sales and consumption of alcoholic beverages will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That the granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that no
letters were received expressing concerns with the subject petition.
CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal; and does find and deterrYine, pursuant
to the provisions of the California Environmental Quality Act ("CEQA"), based upon its
independent review and consideration of an Initial Study conducted pursuant to CEQA for the
Conditional Use Permit, and the requirements of CEQA, including Section 21166 of the California
Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at
the public hearing, that previously-certified FSEIR No. 334, together with Mitigation Monitoring
Plan No. 149, are adequate to serve as the required environmental documentation for this proposal
and satisfy all of the requirements of CEQA, and that no further environmental documentation need
be prepared for this Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
does hereby approve Conditional Use Permit No. 2007-05248, upon the conditions attached hereto
as Exhibit "B" and incorporated herein by this reference, and which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
BE IT 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 all of the conditions herein 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.
AND BE IT FURTHER RESOLVED that the property owner/developer 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, prior to the issuance of building permits or
commencement of activity 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 10, 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.
CHA A ANAHEIM 1NG COMMISSION
ATTEST:
SENI(~`SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 December 10, 2007, by the following vote of the members thereo£
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAI~I, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this `~/ N" ~- day of
a~/ , 2007.
~
ARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA
PARCEL 2:
PARCEL 2, 1N THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED 1N BOOK 111, PAGES 40 TO 42
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
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EXHIBIT "B"
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CONDITIONAL USE PERMIT NO. 2007-05248
Conditions of Approval
COA/ Responsible for
MMP Conditions of Approval Monitoring
I Plans submitted for building permits shall contain a note that there shall be no I
COA 1 public telephones on the property that are located outside the building. PoliceBuilding
Plans submitted for building permits shall indicate that all doors serving subject
restaurant shall conform to the requirements of the Uniform Fire Code and shall
COA 2 be kept closed at all times during the operation of the premises except for PoliceBuilding
ingress/egress, permit deliveries and in cases of emergency.
Plans submitted for building permits shall show lighting to be directed, positioned
COA 3 and shielded in such a manner so as not to unreasonably illuminate the windows PoliceBuilding
of nearby residences.
That plans submitted for building permits shall show that the parking structure
COA 4 serving the premises shall be equipped with lighting of sufficient power to police/Building
illuminate and make easily discernible the appearance and conduct of all persons
on or about the parking lot.
That the property owner/developer shall submit a letter to the Planning
COA 5 Department, Planning Services Division requesting the termination of Planning
Conditional Use Permit No. 847.
Any and all security officers provided shall comply with all State and Local
COA 6 ordinances regulating their services, including, without limitation, Chapter 11.5 Police/Code
of Division 3 of the California Business and Profession Code. (Section 4.16.070 Enforcement
Anaheim Municipal Code).
At all times that entertainment or dancing is permitted, security measures shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful
COA 7 conduct on the part of employees or patrons, and promote the safe and orderly Police/Code
assembly and movement of persons and vehicles, and to prevent disturbance to Enforcement
the neighborhood by excessive noise created by patrons entering or leaving the
premises.
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That the business operator shall comply with Section 24200.5 of the Business and
Profession Code so as not to employ or permit any persons to solicit or encourage
COA 8 others, directly or indirectly, to buy them drinks in the licensed premises under Police/Code
any commission, percentage, salary, or other profit-sharing plan, scheme or Enforcement
conspiracy.
COA 9 That there shall be no admission fee, cover charge, nor minimum purchase Police/Code
required. Enforcement
That subject alcoholic beverage license shall not be exchanged for a public police/Code
COA 10 premise (bar) type license nor shall the establishment be operated as a public Enforcement
premise as defined in Section 23039 of the Business and Professions Code.
COA 11 The activities occurring in conjunction with the operation of this establishment Police/Code
shall not cause noise disturbance to surrounding properties. Enforcement
There shall be no exterior advertising of any kind or type, including advertising police/Code
COA 12 directed to the exterior from within, promoting or indicating the availability of Enforcement
alcoholic beverages.
COA 13 The sale of alcoholic beverages for consumption off the premise shall be Police/Code
prohibited. Enforcement
The gross sales of alcoholic beverages shall not exceed 40 percent of the gross
sales of all retail sales during any three (3) month period. The applicant shall police/Code
COA 14 maintain records on a quarterly basis indicating the separate amounts of sales of Enforcement
alcoholic beverages and other items. These records shall be made available for
inspection by any City of Anaheim official when requested.
There shall be no pool tables or amusement devices maintained upon the premises police/Code
COA 15 at any time unless the proper permits have been obtained from the City of Enforcement
Anaheim.
Petitioner shall not share any profits, or pay any percentage or commission to a
COA 16 promoter or any other person, based upon monies collected as a door charge, Police/Code
cover charge, or any other form of admission charge, including minimum drink Enforcement
orders, or the sale of drinks.
At all times when the premise is open for business, valet parking service shall be Code
COA 17 provided. Enforcement
At all times when the premise is open for business, the premise shall be police/Code
COA 18 maintained as a bona fide restaurant and shall provide a menu containing an Enforcement
assortment of foods normally offered in such restaurant.
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That 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
COA 19 established that satisfies the original intent and purpose of the condition(s), (ii)
Planning
the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use
or approved development.
That on-going during project operation, the property shall be permanently
COA 20 maintained in an orderly fashion through the provision of regular landscaping
Planning
maintenance, removal of trash or debris, and removal of graffiti within twenty-
four (24) hours from the time of discovery.
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
COA 21 any other applicable City, State and Federal regulations. Approval does not Planning
include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
COA 22 That extensions for further time to complete conditions of approval may be planning
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
COA 23 That this Conditional Use Permit is granted expressly conditioned upon approval Planning
of Development Agreement No. 2007-00002 and Tentative Tract Map No. 17186.
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