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Resolution-PC 2010-059RESOLUTION NO. PC2010 -059 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. 2000 -04291 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2000 -141 (TRACKING NOS. CUP2000- 04291A AND DEV2010- 00105) (2191 SOUTH HARBOR BOULEVARD) WHEREAS, on December 18, 2000, the Anaheim City Planning Commission, by its Resolution No. PC2000 -141, did approve Conditional Use Permit No. 2000 -04291 to permit on- premises sale and consumption of beer and wine in a freestanding restaurant with fewer parking spaces than required by Code, for that certain real property situated in the City of Anaheim, County of Orange, State of California, as particularly shown on Exhibit "A ", attached hereto and incorporated herein by this reference (the "subject property "); and WHEREAS, the subject property is developed with a restaurant in the SP92 -2 (Anaheim Resort Specific Plan) zone. The adjacent parcels to the north, south, and east are located in the SP92 -2 (Anaheim Resort Specific Plan) zone, the property to the west is located in the RM -4 (Multiple Family Residential) zone and the Anaheim General Plan Land Use Element designates the property for Commercial Recreation land uses; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 2000- 04291, to delete or modify conditions of approval pertaining to the type and manner of alcohol sales, hours of operation, meal service and provision of entertainment (designated as "CUP2000- 04291A "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 2, 2010, at 5:00 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 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 an amendment to the conditional use permit, does find and determine the following facts: 1. The request to amend the permit for an existing restaurant is properly one for which a conditional use permit is authorized under Code Section No. 18.56.030.030 (Modification of a Legal Nonconforming Use) of the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the existing full service restaurant has been operating in conformance with all conditions of approval and there are no outstanding Code Enforcement violations associated with the subject restaurant. - 1 - PC2010 -059 3. The size and shape of the site for the restaurant use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the property is large enough to accommodate the use on the site. 4. The traffic generated by the restaurant use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the property is large enough to accommodate the restaurant use on the site. 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, for the reasons hereinabove stated, does hereby approve the amendment of Conditional Use Permit No. 2000 -04291 pertaining to the type and manner of alcohol sales, hours of operation, meal service and provision of entertainment for an existing full service restaurant for the property located at 2191 South Harbor Boulevard, as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2000 -141, adopted in connection with Conditional Use Permit No. 2000 -04291 to read as shown in Exhibit "B" attached hereto and incorporated herein 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 and safety 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 tinning 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 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, except as expressly amended herein, the provisions of Resolution No. PC2000 -141, approving Conditional Use Permit No. 2000 - 04291, shall remain in full force and effect. 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. 2 PC2010 -059 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 the revocation of the approval of this application. THE'FOREGOING RESOLUTION was a. . , ed at the Planning Commission meeting of August 2, 2010. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, A SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION AHEIM CITY PLANNING COMMISSION 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 City PIanning Commission held on August 2, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 2 day of August, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -059 APN: 137- 113 -11 rr\ 0 �o loo Fee[ EXHIBIT "A" DE1 -00105 co ti r -- 270' 232' W W i49CEN WAY 4- Sou rce Recorded Tract Maps and/or City GIS Please note the accuracy Is +1- two to five feet 10988 PC2010 -059 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 That this establishment be operated as a "bona fide public eating place" as defined by Section 23038 of the California Business and Professions Code. , Planning 2 Food service with a full meal shall be available from opening time until 10:00 p.m. on each clay of operation. Planning 3 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 California Business and Professions Code, Planning 4 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 any City of Anaheim official when requested. Code Enforcement 5 There shall be no live entertainment, amplified music or dancing permitted on the premises at any time without the prior issuance of proper permits as required by the Anaheim Municipal Code. Planning 6 That the sale of beer and wine or distilled spirits for consumption off the premises shall be prohibited, except for catered events licensed by the Department of Alcoholic Beverage Control. Planning 7 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within the building, promoting or indicating the availability of alcoholic beverages. Planning 8 The parking Iot of the premises shall be equipped with lighting of a 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 unreasonable illuminate the windows of nearby residences. Police EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2000-04291 (TRACKING NOS. CUP2000- 04291A AND DEV2010- 00105) 5 PC2010 -059 9 The business operator shall comply with Section 242200.5 of the Business and Professions Code so as not to employ nor permit any person to solicit or encourage other, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary or other profit- sharing plan, scheme or conspiracy. Police 10 All doors serving the subject restaurant shall conform to the requirements of the Uniform Fire Code, and shall be kept closed and unlocked at all times during hours of operation except for ingress and egress, to permit deliveries and in cases if emergency. Fire • 11 The outdoor dining area shall be completely enclosed by fencing or such other permanent structure as approved by the City of Anaheim, at least forty (40) inches in height, into which entry is only possible from the interior of the business premises. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons /employees other than in an emergency. Fire 12 There shall be no direct pedestrian access to the outdoor dining area from outside the building. All access to this area shall be solely through the restaurant. Planning 13 The daily hours of operation for the restaurant shall be limited to 6:00 a.m. to 2:00 a.m., seven days per week. Planning 14 Three (3) foot high street address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to the street or adjacent properties. Building 15 Plan shall be submitted to the City Traffic and Transportation manager for review and approval showing conformance with the most current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works 16 All existing water service shall conform to current Water Utility Standards. Any existing water services that are not approved by the Public Utilities Department for continued use shall be upgraded to current standards, or abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. Public Utilities 17 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. Public Works 6 PC2010 -059 18 An onsite trash truck turn- around area shall be provided in accordance with Engineering Standard Detail No. 475 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Public Works 19 There shall be no advertising on the umbrellas or any other outdoor dining furniture. Planning 20 The property shall be permanently maintained in an orderly fashion through the provision of regular maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Code Enforcem ent 21. Signage shall be limited to one (1) monument sign and one (1) wall sign above the main entrance on the east building elevation facing Harbor Boulevard, as shown on Exhibit Nos. 1, 6 and 7 submitted by the applicant and on file in the Planning Department. Any additional signs shall be submitted to the Planning Services Division for review and approval by Planning Department staff. Planning 22 The subject property shall be developed substantially in accordance with plans and specification submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 7, and as conditioned herein on file with Case No. DEV2010- 00105. Planning 23 Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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. Planning - 7 - PC2010 -059