Resolution-PC 2010-067RESOLUTION NO. PC2010 -067
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. 3410
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC91 -63
(TRACKING NO. CUP3410A, DEV 2010- 00090)
(1071 NORTH TUSTIN AVENUE #110)
WHEREAS, on May 6, 1991, the Anaheim City Planning Commission
(hereinafter referred to as 'Planning Commission "), by its Resolution No. PC91 -63, did approve
Conditional Use Permit No. 3410 to permit a 1,587 square foot restaurant with the sale of beer
and wine for on- premises consumption for that certain real property located at 1071 North Tustin
Avenue 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; and
WHEREAS, the Planning Commission did receive a verified Petition for an
amendment to Conditional Use Permit No. 3410, designated as Conditional Use Permit 3410A,
to amend said conditional use permit to permit an outdoor dining area as an accessory use and
permit the upgrade of an existing Alcohol Beverage Control (ABC) license from a Type 41 (On-
Sale Beer and Wine - Eating Place) to a Type 47 (On -Sale General - Eating Place) within an
existing restaurant; and
WHEREAS, this property is developed with a multi - tenant commercial building
located in the SP 88 -3 (DA 1, Modified C -G) (PacifiCenter Anaheim Specific Plan 88 -3,
Development Area 1, Modified General Commercial) Zone and the Anaheim General Plan
designates the property for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 16, 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
amendment to Conditional Use Permit No. 3410 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 a conditional use permit, does find and
determine the following facts:
1. The applicant's proposal to allow an outdoor dining area with the service of beer,
wine and distilled spirits in conjunction with an existing restaurant in the SP 88 -3 (DA 1,
Modified C -G) (PacifiCenter Anaheim Specific Plan 88 -3, Development Area 1, Modified
General Commercial) Zone is properly one for which a conditional use permit is authorized
under Code Section 18.106.010 of the Anaheim Municipal Code.
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2. The existing restaurant has demonstrated compatibility with the surrounding area
and the addition of an outdoor dining area with the service of alcoholic beverages in conjunction
with an existing restaurant will not adversely affect the adjoining land uses or the growth and
development of the area in which it is currently located.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed outdoor dining area with the service of alcoholic beverages in conjunction with
an existing restaurant in a manner not detrimental to the particular area or to the health and
safety.
4. The traffic generated by the request to allow an outdoor dining area with the
service of alcoholic beverages in conjunction with 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 the number of vehicles entering and exiting the site is consistent with existing
restaurant and permitted businesses within the commercial center.
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. A restaurant has operated in this location for
nine years and has proven to be compatible 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 Planning Commission, for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.
3410, designated as Conditional Use Permit No. 3410A.
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. PC91 -63, approving Conditional Use Permit No. 3410, to read as
stated 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.
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 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, except as expressly amended herein, the
provisions of Resolution No. PC91 -63, approving Conditional Use Permit No. 3410, shall remain
if full force and effect.
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 August 16, 2010.
ATIEST:
CHAIRMAN,
l�J2a -uc.`o
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
IM CITY PLANNING COMMISSION
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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 August 16, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of August, 2010.
77,4)-34...c;
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV2010 -00090
APN: 345- 181 -05
50 109
° Feet
1
E LA PALMA AVE
16 0.66'
151.57'
70.72'
J
Source. Recorded Tract Maps andlor City GIS.
Please note the accuracy is mil- two to five feet,
10995
PC2010 -067
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL
1
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.
Police
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.
Police
3
The sale of alcoholic beverages for off - premises consumption shall be
prohibited.
Police
4
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.
Police
5
That subject alcoholic beverage license shall not be exchanged for a
Type 48 (On -Sale General for Public Premises) ABC license nor shall
the establishment be operated as a "public premises" as defined in
Section 23039 of the California Business and Professions Code.
Police
6
There shall be no admission fee, cover charge, nor minimum purchase
required.
Police
7
Adequate lighting of parking lot 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 person,
property, and vehicles on -site.
Police
8
All doors serving 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 /egress, deliveries and in
Police
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 3410A
(DEV2010- 00090)
6
PC2010 -067
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
cases of emergency.
9
Provide two exits from patio area. The exits must not pass through the
building.
Fire
Department
10
There shall be no coin - operated telephones on the property located
outside the building and within the control of the property
owner /applicant.
Code
Enforcement
11
There shall be no entertainment, amplified music or dancing permitted
on the premise at any time unless the proper permits have been obtained
from the City of Anaheim.
Code
Enforcement
12
No required parking area shall be fenced or otherwise enclosed for
outdoor storage uses.
Code
Enforcement
13
The property shall be permanently maintained in an orderly fashion
through the provision of regular landscaping maintenance, removal of
trash or debris, and removal of graffiti within twenty -four (24) hours
from the time of discovery.
Code
Enforcement
14
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 and 2 (Site and Elevation Plans), and as conditioned herein.
Planning
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