Resolution-PC 2010-004RESOLUTION NO. PC2010 -004
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1820
AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC78 -84
(DEV 2010- 00004)
(1240 NORTH EUCLID STREET)
WHEREAS, on April 24, 1978, Resolution No. PC78 -84 was adopted by the
Anaheim City Planning Commission granting Conditional Use Permit No. 1820 to permit the
sale of beer and wine for on- premises consumption in a proposed restaurant; and
WHEREAS, this property is developed with a commercial center located in the C-
G (General Commercial) Zone; and that the property is designated for Corridor Residential land
uses by the Anaheim General Plan Land Use Element; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for an amendment to Conditional Use Permit No. 1820 to permit the sale of beer, wine
and distilled spirits for on- premises consumption within an existing restaurant for that certain
real property situated in the City of Anaheim, County of Orange, State of California, as more
particularly shown on Exhibit "A attached hereto and incorporated herein by this reference,
(herein after referred to as "Conditional Use Permit No. 1820A and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 1, 2010, at 3 :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, 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 Planning Commission, after clue 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. The request to permit the sales of alcoholic beverage for on- premises
consumption within an existing restaurant in the General Commercial (C -G) zone is properly one
for which a conditional use permit is authorized under Code Section 18.08.030.010. (Alcoholic
Beverages Sales- On -Sale) of the Anaheim Municipal Code.
2. The sales of alcoholic beverage for on- premises consumption within an existing
restaurant will not adversely affect the adjoining land uses or the growth and development of the
PC2010 -004
area in which it is proposed to be located because the service of alcoholic beverages is consistent
with the operational characteristics for a restaurant business of this type.
3. The size and shape of the site 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 the health and safety
because the proposal will not expand or change the exterior of the existing building.
4. The traffic generated by the request to permit the sales of alcoholic beverage for
on- premises consumption within an existing restaurant will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because this use
does not intensify existing restaurant business activity.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the ABC license upgrade to allow the
service of distilled spirits is consistent with the existing service of beer and wine which has been
determined not to be a detriment to the area.
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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve the Conditional Use Permit No. 1820A.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby amend, in their entirety, the conditions of approval adopted in connection with
Planning Commission Resolution No. PC78 -84, approving Conditional Use Permit No. 1820A,
to read as stated in Exhibit `B" attached hereto and incorporated by this reference which
conditions 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.
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 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, except as expressly amended herein,
Resolution No. PC78 -84 shall remain if full force and effect.
BE IT FURTHER RESOLVED, that this conditional use permit is approved
without limitations on the duration of the use.
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BE IT FURTHER RESOLVED 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.
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. 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 March 1, 2010.
1 k A t
CHAIRMAN, 4NkHEIM C l 'YIPLKNNING CU1'IMISSION
IEST:
i
6A---
SENIOR 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 Conunission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on March 1, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
AGARWAL, AMENT, BUFF, FAESSEL, KARAKI
RAMIREZ, ROMERO
NONE
NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of March, 2010.
1A Z
SENIOR sttRETARY, ANAHEIM CITY PLANNING COMMISSION
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1 APN: 073 384 -61
W MEDICAL CENTER DR
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W ROMNEYA DR
0 1
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EXHIBIT "A"
DEV2010- 00004
150'
Eo
62'
W ROMNEYA DR
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy 15 4 two to five feet,
10915
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NO.
GENERAL
1
2 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 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.
3
4
5
7
8
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 1820A
(DEV2010- 00004)
CONDITIONS OF APPROVAL
At all times when the premise is open for business, the premise
shall be maintained as a bona fide restaurant and shall provide a
menu containing an assortment of foods normally offered in
such restaurant
The sale of alcoholic beverages for consumption off the
premise shall be prohibited.
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.
The activities occurring in conjunction with the operation of
this establishment shall not cause noise disturbance to
surrounding properties.
6 The closing hours of operation shall be limited to 12:00 a.m.
each day of the week.
The subject alcoholic beverage license shall 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.
RESPONSIBLE
FOR
MONITORING
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
There shall be no admission fee, cover charge, nor minimum Police Department
drink purchase required.
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9 The parking lot serving the premises shall be equipped with Police Department
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.
10 The property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim
by the applicant and which plans are on file with the Planning
Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2
(Floor Plan) and as conditioned herein.
Planning
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