Resolution-PC 2009-048RESOLUTION NO. PC2009-048
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05370 AND
VARIANCE NO. 2009-04777
(3150 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit and Variance to permit a restaurant with alcohol service and
banquet facility with alcohol service with fewer pazking spaces than required by Code on certain
real properiy situated in the City of Anaheim, County of Orange, State of California, shown on
Exhibit "A", attached hereto and incorporated herein by this reference;
WHEREAS, the property proposed for a restaurant with alcohol service and
banquet facility with alcohol service is currently developed with an 80,000 squaze foot
commercial retail center located in the General Commercial (CG) zone and the Merged
Redevelopment Project Area and the Anaheim General Plan designates this property for Low-
Medium Density Residential land uses; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 13, at 230 p.m., notice of said public heazing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed
conditional use permit and variance and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, the Anaheim City 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 a conditional use
permit, does find and determine the following facts:
1. That a restaurant and banquet facility with alcohol service in the General
Commerc'ial (C-G) zone is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.08.030.010 (Alcoholic Beverage Sales - On Sale and
Recreation - Commercial Indoor).
2. That the restaurant and banquet facility with alcohol service would not adversely
affect the adjoining residential and commercial land uses and the growth and development of the
area in which it is proposed to be located because the property is currently improved with a retail
center and hours of operation would be compatible with surrounding uses. Additionally, a
similar business occupied the subject tenant space for approximately ten years without incident.
- 1 - PC2009-048
3. That 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 particulaz azea nor to the health, safety and
general welfare of the public because the property is cunently improved with a commercial retail
center and no expansion is proposed.
4. That the traffic generated by the restaurant and banquet facility mazket would not
impose an undue burden upon the streets and highways designed and improved to carry the
traffic in the area because the use is consistent with other uses in the center, similaz to the
business that previously occupied the tenant space and no expansion is proposed.
WHEREAS, said Commission does further find and determine that the request for
a variance of the following Code sections to permit fewer parking spaces than required by code
should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of pazkin~paces.
(553 spaces required; 391 spaces
proposed).
l. The variance pertaining to the minimum number of pazking spaces is hereby
approved based upon a parking study prepared by Parking Design Group, dated Januazy 14,
2009, and reviewed by Kimley-Hom and Associates which determined that a minimum of 31 p
spaces should be provided for the project based on a shazed pazking analysis; and
2. The variance, under the conditions imposed, will not cause fewer off-street
pazking spaces to be provided for the proposed use than the number of spaces necessary to
accommodate all vehicles attributable to the existing and proposed uses because based on the
parking study, the site will have a surplus of 81 parking spaces. The site will have a parking
demand far less than code required parking for the individual land uses, due to the varying peak
hours of the businesses within the shopping center; and
3. The vaziance, under the conditions imposed, will not increase the demand and
competition for pazking spaces upon the public streets in the immediate vicinity of the proposed
use because the entire peak parking demand will be served by the existing pazking supply where
no additidnal pazking spaces on the immediate public streets will be needed; and
4. The vaziance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
shopping center because the entire peak pazking demand will be served by the existing parking
supply where no additional parking spaces on adjacent private property in the immediate vicinity
will be needed; and
5. The vaziance, under the conditions imposed, will not increase traffic congestion
within the off-street pazking azeas or lots provided for such use because the anticipated peak
parking demand of 310 spaces is not expected to exceed the volume of traffic that the existing
pazking supply of 391 spaces would generate; and
- 2 - PC2009-048
6. The vaziance, under the conditions imposed, will not impede vehiculaz ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the anticipated peak pazking demand of 310 spaces is not expected to
create conditions that would impede vehiculaz ingress to or egress from adjacent properties or
exceed that which would be created by the conditions anticipated by the existing pazking supply
of 391 spaces; and
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission,
for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008-05370
and Variance No. 2009-04777 subject to the conditions of approval described in Exhibit "B"
attached hereto and incorporated by this reference which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the health, safety and
general welfare of the Citizens of the City of Anaheim.
BE IT FURTHBR RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the
Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 declazed 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
chazges related to the processing of this discretionazy 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 April 13, 2009. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Frovisions - General" 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 PRO~MPORE, AN}~HEIM CITY PLANNING COMMISSION
- 3 - PC2009-048
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 April 13, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
RAMIREZ, ROMERO
NOES: COMMISSIONERS; NONE
ABSENT: COMMISSIONERS: KARAKI
IN WIT'NESS WHEREOF, I have hereunto set my hand this 13°i day of April, 2009.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2009-048
EXffiBIT "A"
CONDITIONAL USE PERMIT NO. 2008-05370
VARIANCE NO. 2009-04777
- 5 - PC2009-048
EXFIIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05370
VARIANCE NO. 2009-04777
RESPONSIBLE
FOR
NO. CONDTTIONS OF APPROVAL MOIVITORING
PRIOR TO ISSUANCE OFA BUILDING PERMIT OR N'ITHIN ONE (I) YEAR FROM
THEDATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST
1 Plans submitted for building permits shall demonstrate Planning
I that rooftop address numbers for the police helicopter police
shall be painted in a contrasting color to the roofing
material. Numbers should be four inches in height and
two inahes wide.
2 Plans submitted for building permits shall demonstrate Police
that the business shall be equipped with an alarm system
(silent or audible).
PRIOR TO FINfJL BUILDINGAND ZONING INSPECTIONOR COMMENCEMENT OF
USE, WHICHEVER OCCURS FIRST
3 The subject property shall be developed substantially in Planning
accordance with the plans and specifications submitted to
the City of Anaheim by the applicant and which plans aze
on file with the Planning Department E~chibit Nos. 1(Site
Plan) and 2(Floor Plan)and as conditioned herein.
4 The business owner shall File Emergency Listing Card, Police
Form APD-281, with the Police Department, available at
the Police Department front counter.
5" ' The business owner shall complete a Burglazy/Robbery Police
Alazm Permit application, Form APD 516, and return it to __.
the Police Departrnent prior to initial alann activation.
GENERAL CONDITIONS - 011'GOING DURIIVG OPERATION ':
6 Hours of operation shall be limited to: Planning
• Sunday through Thursday from 10:00 am to 10:00 pm Police
• Friday and Saturday from 10:00 a.m. to midnight.
Code Enforcement
7 Bottles and glass containers shall not be emptied into Police,
outside trash containers between the hours of 10 p.m. to 7 Code Enforcement
a.m. daily.
- 6 - PC2009-048
8 All uses shall be conducted wholly within the building. Planning
9 At all times when the restaurant is open for business, the Police
restaurant shall be maintained as a bona fide restaurant
and shall provide a menu containing an assortment of
foods normally offered in such restaurant.
10 There shall be no pool tables or amusement devices Police
maintained upon the premises at any time unless the
proper permits have been obtained from the City of
Anaheim.
11 There shall be no live entertainment, amplified music or Police
dancing permitted on the premise at any time unless the
proper permits have been obtained from the City of
Anaheim.
12 The sale of alcoholic beverages for consumption off the Police
premise shall be prohibited.
13 The gross sales of alcoholic beverages shall not exceed 40 ' Police
percent 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 alcoholic beverages and other items.
These records shall be made available for inspection by
any City of Anaheim official when requested.
14 There shall be no exterior advertising of any kind or type, Police
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic
beverages.
15~ The activities occurring in conjunction with the operation Police
of this establishment shall not cause noise disturbance to --
sunounding properties.
16 The subject alcoholic beverage license shall not be Police
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.
17 There shall be no admission fee, cover charge, nor Police
minimum purchase required.
- 7 - PC2009-048
18 The pazking lot serving the premises shall be equipped Police
with lighting of sufficient power to illuminate and make
easily discernible the appeazanee and conduct of all
persons on or about the pazking lot. Said lighting shall be
directed, positioned and shielded in such a manner so as
not to unreasonably illuminate the windows of nearby
residences.
19 The business operator shall comply with Section 24200.5 Police
of the Business and Profession 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.
20 At all times that entertainment or dancing is permitted, Police
security measures shall be provided to the satisfaction of
the Anaheim Police Department to deter unlawful
conduct on the part of employees or patrons, and promote
the safe and orderly assembly and movement of persons
and vehicles, and to prevent disturbance to the
neighborhood by excessive noise created by patrons
entering or leaving the premises.
21 All doors serving subject restaurant shall conform to the Police
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.
22 Any and all security officers provided shall comply with Police
all State and Local ordinances regulating their services,
including, without limitation, Chapter 11.5 of Division 3
' of the Califomia Business and Profession Code. (Section
4.16.070 Anaheim Municipal Code) _ _
23 Outdoor storage shall not be permitted. Planning
24 Approval of this application constitutes approval of the Planning
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 regazding any other applicable
ordinance, regttlation or requiremenY.
- 8 - PC2009-048
25
' Extensions for further time to complete conditions of
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code. Planning
26 Timing for compliance with conditions of approval may Planning
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(s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has
demonstrated signiFicant progress toward establishment
of the use or approved development.
- 9 - PC2009-048