Resolution-PC 2009-075RESOLUTION NO. PC2009-075
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3501 AND
AMENDING IN THEIR ENTIRETY, THE CONDITIONS OF APPROVAL IN
RESOLUTION NO. PC92-36
(TRACKING NO. CUP 2009-05436)
{6300 EAST SANTA ANA CANYON ROAD)
WHEREAS, on September 7, 1992, the Anaheim City Planning Commission, by
its Resolution No. PC92-32, did approve Conditional Use Permit No. 3501 to permit a semi-
enclosed restaurant within an existing commercial retail center with fewer parking spaces than
required by code (441 parking spaces required and 348 parking spaces existing); and
WHEREAS, the property is developed with a commercial shopping center and is
located in the General Commercial (CG) Scenic Corridor (SCj Overlay Zone and is designated
for Commercial land uses i~ the City of Aoal~eim General Plan; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition to amend Conditional Use Pemvt No. 3501 (Tracking No. CUP2009-05436) Yo permit
the on-premises sales and consumption of beer and wine withan an existing restaurant and
outdoor dining area oo certain real property situated in the City of Anaheim, Counry of Orange,
State of California, shown on Exhibit "A", attached hereto and incorporated herein by this
reference; and
WHEREAS, the applicant proposes to permiY the sales of beer and wine within a
semi-enclosed restaurant within an existing commercial center with no new square footage
proposed;and
W~-IEREAS, the Planning Commission did hold a public hearing at the Civic
CenYer in tl~e City of Anaheim o~ Aagust 17, 2009, at 2:30 p.m., notice of said public beari~g
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 ameudment to the Conditional Use Permit and to investigate and make fiad'angs and
recommendatio~s in connection tberewith; and
WHEREAS, said Commission, afrer due inspeckion, 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 determane the following faets:
1. The proposed amendment to Conditional Use Permit No. 3501 for on-premises
sales and consumptio~ of beer and wine within an existing restaurant aqd outdoor dining area in
the CG (General Commercia]) Scenic Corridor (SC) Overlay Zone is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Uses)
and 1838.220 (Supplementa] Use Regulations) of the Zoning Code.
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2. The proposed amendment to permit the on-premises sale and consumption of beer
aod wine within an existing semi-enclosed restauranY 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 Ct~e property is currently developed with a commercial shopping center in compliance
wiCh Code requirements.
3. The size amd shape of Che site is adequate to allow the full development of the
proposed use in a manner noY detrimenCal Yo Che parCicular area nor to the health, safety and
genera] welfare of the pabiic because the property is cunently improved with a commercial
center with no proposed expansion.
4. The traffic geoerated by the amendment ro the conditional use pernvC to permit
the on-premises sale and consumption of beer and wine within a~ existing semi-enclosed
restaorant 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
site are consisteut witl~ exisCing and permitted businesses within the commercial center.
5. Tbe granting of khe amendmenC Yo the condiCional ose permit uuder the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, the proposed pro}ect falls within the definitio~ of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelioes, and is
therefore, exempY from the requirement to prepaze additional euvironmental documenCaCion.
THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission,
far the reasons hereinabove stated, does hereby approve an amendment to Conditional Use
Permit No. 3501 (Tracking No. CUP 2009-05436) subject to the conditions of approval which
aze amended in their entirety as 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. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance
with conditions of approval may be amended by the Planning Director upon a showing of good
ca~se provided (i) equivalent timing is established that satisfies the priginal intent and purpose of
the aondiYion(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.
BE IT FURT`HER RESOLVED, that Chis permit is approved without limitations
on the duration of Che use. Amendmants, modifications and revocations of this pexmit may be
processed in accordance with Chapters 18.60190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Ivlunicipal
Code.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the exTent thaC it compiies with the Anaheim Mvnicipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
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include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application withip 15 days of the
issuance oP the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
T`I-IE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 17, 2009. Said resolukion is subject to the appeal provisions set forrh in
Chapter 18.60 "Zoning Provisions - 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.
PLANNING COMMISSION
ATTEST:
/^ ~r
v ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Ciry Planning Commission held on Auguat 17, 2009, by the following vote of the members
thereof:
AGARWAL, AMENT, BUFFA, FAESSEL,
AYES: COMMISSIONER3: RpMIREZ, ROMERO
NOES: COMMISSIONER3: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 17`h day of Aogust, 2009.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXI3IBTT ~~A~~
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3501
(TRACKING NO. CUP2009-0~~3G)
APN: 356-191-37
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Please note the accuracy is+!-iwo fo five feet.
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EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3501
(TRACKING NO. CUP2009-05436)
RESPONSIBLE
FOI2
NO. CONDITIONS OF APPROVAL MOIVITORING
GENERAL '
1 At all times when the premise is open for business, the premise Police
shall be maintained as a bona fide restaurant and shall provide a
menu containing an assortment of foods normally offered in such
restaurant.
2 The gross sales of alcoholic beverages shall not exceed 40 percent Police
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 shall be roade available for
inspection by any City of Anaheim official when requested,
3 The sale of alcoholic beverages for consumption off the premise Police
shall be prohibited.
4 There shall be no exterior advertising of any kind or type, Police
including advertising directed to the exterior from within,
promoCing or indicaCing Che availability of alcoholic beverages.
5 The activities occnrring in conjnnction with the operation Qf this Pplice
establishment shall not cause noise disturbance to sunounding
properties.
6 The hours of operation shall be limited to 12:00 a.m. each day of Police
the week.
7 That subject alcoholic beverage lieense shall not be exchanged for Police
a public premise (bar) type license nor sball the establishment be
operated as a public premise as defined in Section 23039 of the
Business and Professions Code.
8 There shall be oo admission fee> cover charge, nor minimum Police
purchase required.
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9 That the parking lot serving the premises shall be equipped with Police
lighting of a mioimum 1-foot candle to illuminate and matce 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 illominate the
windows of nearby residences.
10 Any outdoor dining area sball be completely enclosed by fencing Police / Fire
or ottier such permanent structure as approved by the City. Said
enclosure shall be a minimum forty (40) inches in height and entry
into the enclosure shall be possible only from the interior of the
' business. Emergency exits required by the Uniform Fire Code
shall be maintained, hnt uot utilized by patrons/employees other
than in an emergency. Said enclosure shall be shown on plans
submitted for building pernuts.
I 1 All doors serviog subject restaucant shall conform Co the Fire
requirements of the Uniform Fire Code and shall be kept closed
and unlacked at all times during hours of operaYion except for
ingress/egress, deliveries and in cases of emergency.
12 Solid wasCe storage and collection, and recycling shall be in Fublic Works,
compliance with plans approved by Yhe Public Works, Streets and StreeCS and
Sanitation Division. Sanitation/
Operations
13 There shall be no coin-operated telephones on the property located Code
ouCSide Che building and within the control of Yhe property EnforcemenC
owner/applicant.
14 Subject properry shall be developed substantially in accordance Planning
with plans and speciFicat9ans submitted Yo the City of Anaheim by
Yhe applicant and which plans are on file with Yhe Planoing
Department marked as Exhibit No. 1(Floor Plan).
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