Resolution-PC 2010-047RESOLUTION NO. PC2010 -047
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING
CONDITIONAL USE PERMIT NO. 2010 -05505
(DEV2010- 00078)
(336 -338 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2010 -05505 to permit a restaurant with sales and on-
premises consumption of alcoholic beverages, for certain real property situated in the City of
Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and
incorporated herein by this reference; and
WHEREAS, the restaurant would occupy an approximately 2,099 square foot
tenant space within the existing 7,825 square foot commercial "Packard" building located in the I
(SABC) (Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial
District) zone and the Anaheim General Plan designates the property for Mixed Use land uses;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 21, 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 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. The request to permit a restaurant with sales and on- premises consumption of
alcoholic beverages is properly one for which a conditional use permit is authorized under Code
Section No. 18.08.030.010 (Alcoholic Beverages On -sale) of the Anaheim Municipal Code.
2. The proposed restaurant 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 it will be
located within an existing commercial building along a major arterial highway within the
Downtown area.
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
of the citizens of Anaheim because the proposed restaurant will be located within an existing
commercial building and the parking supply will be adequate to accommodate the use.
1 PC2010 -047
4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the traffic
generated by this use will not exceed the volume of traffic planned for the streets and highways
in the area.
5. 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 and will provide a
land use that is compatible with the surrounding area because the proposed use will be located
within an existing commercial building and the proposed restaurant is not a health or safety risk
to the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15332, Class 32 (Infill Development Projects) 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 Conditional Use Permit No. 2010 -05505 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. 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
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.
BE IT FURTHER RESOLVED, that this Conditional Use 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) and 18.60.200 (City- Initiated Revocation or Modification of Permits) 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 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.
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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 RESOLUTI was adopted at the Planning Commission
meeting of June 21, 2010. f
ATI hST:
1
J
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
CHAIRM N, ANAHEIP!i Y PLANNING COMMISSION
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 June 21, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of June 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -047
'1 AP N 037 023 -141
F,ek
EXHIBIT "A"
DEV2010 -00078
-4
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +h two to five feet.
10971
PC2010 -047
EXHIBIT "13"
CONDITIONAL USE PERMIT NO. 2010-05505
(DEV2010- 00078)
NO. CONDITIONS OF APPROVAL
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1 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 Nos. 1 (Site Plan), 2 (Floor Plan).
and 3 (Elevations), and as conditioned herein.
2 Plans shall be submitted to the City Traffic and Transportation
Manager for his review and approval showing conformance
with the current version of Engineering Standard Plan Nos. 436
and 470 and the Greater Downtown of Anaheim Guide for
Development pertaining to parking standards and driveway
locations. Subject property shall thereupon be developed and
maintained in conformance with said plans.
3 A plan shall be submitted showing a designated loading space
area for truck deliveries in conformance with Code Section
18.42.100.
SIGNED
REVIEW BY OFF BY
Planning
Public Works
Traffic
Public Works
Traffic
GENERAL CONDITIONS
4 The business is responsible for maintaining free of litter the
area adjacent to the premises over which they have control.
5 At all times when the premises is open for business, the
premises shall be maintained as a bona fide restaurant and shall
provide a menu containing an assortment of foods normally
offered in such restaurant.
6 The gross sales of alcoholic beverages shall not exceed 40% of
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 alcohol and other
items. These records shall be made available for inspection by
any City of Anaheim official during reasonable business hours.
7 The sale of alcoholic beverages for consumption off the
premises shall be prohibited.
Code
Enforcement
Police
Police
Police
5 PC2010 -047
8 Trash shall not be emptied into outside trash containers Code
between the hours of 10 p.m. to 7 a.m. daily. Enforcement
9 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.
10 Subject alcoholic beverage license shall not be exchanged for a Police
public premises (bar) type license nor shall the establishment
be operated as a public premise as defined in Section 23039 of
the California Business and Professions Code.
11 There shall be no admission fee, cover charge, nor minimum Police
alcohol purchase required.
12 Adequate lighting of parking lots, driveway, circulation areas, Police
aisles, passageways, recesses and grounds contiguous to
buildings shall be provided with lighting of sufficient wattage
to provide adequate illumination to make clearly visible the
presence of any person on or about the premises during the
hours of darkness and provide a safe, secure environment for
all persons, property, and vehicles on -site
13 There shall be no entertainment, amplified music, or dancing
permitted on the premises at any time unless the proper permits
have been obtained from the City of Anaheim.
14 Roof mounted equipment shall be screened from view in
accordance with the requirements of Anaheim Municipal Code
Section 18.38.170 pertaining to the CG (General Commercial)
Zone.
Police
Planning
15 Petitioner shall not share any profits, or pay any percentage or Police
commission to a promoter or any other person, based upon
monies collected as a door charge, cover charge, or any other
form of admission charge, including minimum drink orders, or
the sale of drinks.
16 There shall be no admission fee, cover charge, nor minimum Police
purchase required.
17 Managers, owners, bar tenders, and waitresses need to call the Police
Department of Alcoholic Beverage Control and obtain LEAD
(Licensee Education on Alcohol and Drugs Program) Training.
The contact number is 714 -558 -4101.
6 PC2010 -047
18 The any permitted event or activity shall not create sound levels, Police
which violate any ordinance of the City of Anaheim as described
in Section 4.16.100.010 of the Anaheim Municipal Code.
19 No person under 21 years of age shall sell or be permitted to sell Police
beer.
20 There shall be no requirement to purchase a minimum number of Police
drinks.
21 The activities occurring in connection with the operation of this Code
establishment shall not cause noise disturbance to surrounding Enforcement
properties.
22 No required parking area shall be fenced -off or otherwise
enclosed for outdoor storage uses.
Code
Enforcement
23 The any permitted event or activity shall not create sound levels, Police
which violate any ordinance of the City of Anaheim as described
in Section 4.16.100.010 of the Anaheim Municipal Code.
24 The property shall be permanently maintained in an orderly Code
fashion through the provision of regular landscaping Enforcement
maintenance, removal of trash or debris, and removal of graffiti
within two (2) business days from the time of discovery.
25 The location of a trash enclosure shall be provided in a location Public
acceptable to the Public Works Department, Streets and Works
Sanitation Division, and in accordance with approved plans on
file with said Department. Said information shall be specifically
shown on the plans submitted for building permits.
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