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Resolution-PC 2011-071RESOLUTION NO. PC2011 -071 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. 2010-05474 AND VARIANCE NO. 2011 -04868 (DEV2010- 00005) (440 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 -05474 to convert the 2 -story Packing House building to a commercial retail center, to include retail stores, restaurants with outdoor dining, the sale of alcoholic beverages for on- premises consumption, a public dance hall, indoor and outdoor entertainment, and off -site parking lots, and Variance No. 2011 -04868 to permit a reduced landscaped setback, for certain real property 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, this 0.96 -acre property is developed with a 42,766 square foot, 2 -story historically- significant building. The property is located in the I (SABC - 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 September 26, 2011, 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 tentative parcel map and conditional use permit 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 to convert the Packing House building to a commercial retail center to include retail stores, restaurants with outdoor dining, the sale of alcoholic beverages for on- premises consumption, a public dance hall, indoor and outdoor entertainment, and off -site parking lots with a reduced landscaped setback should be approved for the following reasons: 1. The proposed request to establish a commercial retail center with restaurants, outdoor dining, a public dance hall, indoor and outdoor entertainment, and on -sale alcoholic beverages in the Industrial (SABC - Neighborhood Commercial District) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Alcoholic Beverage Sales -On -Sale; Bars & Nightclubs; Commercial Retail Centers; Recreation - Commercial Indoor & Outdoor; Restaurants -Semi Enclosed; Retail Sales - Outdoor & Used Merchandise; ). 1 PC2011 -071 2. The proposed conditional use permit to establish a commercial retail center, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. This permit also contains conditions to limit the hours and noise associated with any outdoor entertainment activity to ensure that adjacent residential uses will not be adversely affected. 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 retail center will be located adjacent to a major arterial highway within the Downtown area. A parking demand study was prepared by the City's independent parking and traffic consultant, Kimley Horn and Associates, Inc, and the study concluded that a maximum demand of 212 spaces would be needed to accommodate all of the combined uses. A total of 212 parking spaces on seven on and off -site parking lots will be provided for the entire development project. Therefore, the proposed parking will be adequate to accommodate the entire Packing District. 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 and variance 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 adjacent to a major arterial highway within the Downtown area. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit a reduced landscaped setback should be approved for the following reasons: SECTION NO. 18.08.060.010 Minimum landscaped setback. (15 feet required adjacent to Santa Ana Street; 10 feet proposed to the railroad dining cars). 1. The requested variance is hereby approved because the property is unique as it contains a historically- significant building with no front setback along Anaheim Boulevard and is adjacent to other historic buildings in the Downtown area that have no or reduced setbacks. There are special circumstances applicable to the property as it has street frontages on three sides, including a public alley on the north side of the Packing House building. Lastly, the reduced landscape setback for this unique pedestrian- oriented marketplace would be appropriate for, and consistent with, the Anaheim Colony Historic District based on the following principles contained in the Community Design Element of the General Plan (Anaheim Colony Design Guidelines) and the Greater Downtown of Anaheim Guide for Development. 2 - PC2011 -071 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15332, Class 32 (Infill Development) 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 -05474 and Variance No. 2011 -04868 and 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 permit is approved without Iimitations 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. 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. -3- PC2011 -071 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 26, 2011. A'F1'EST: / f � L SENIOR SECRETARY, ANAHEIIVI CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM 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 Planning Commission held on September 26, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of September, 2011. A ll.c�� SENIOR SECR T ARY, ANAHEIM CITY PLANNING COMMISSION 4 - PC2011 -071 EXHIBIT "A" DEV NO. 2010 -00005 APN: 037 -023 -10 037 -023 -12 037 - 023 -14 251 - 084 -08 037 -023 -13 037 - 023 -11 00' rok ow via 0 IOU 0 :E- rA Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC20] 1 -071 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The business shall be equipped with an alarm system (silent or audible). Police 2 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police 3 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http: / /www.anaheim.net /article.asp ?id =678 Police 4 The rear doors of the premises shall be numbered with the same address numbers or suite number of the business. Minimum height of 4" recommended. Police 5 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police 6 An executed agreement to provide off -site parking on the two properties to the south, as described in the parking study dated September, 2011, in a form satisfactory to the City Attorney, shall be submitted to the Planning Services Division. Said agreement shall remain in full force and effect at all times. Planning GENERAL CONDITIONS - RESTAURANTS 7 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 8 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a Police EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010-05474 AND VARIANCE NO. 2011-04868 (DEV2010- 00005) 6 PC2011 -071 7 PC2011 -071 violation of this condition. 9 Petitioner shall not share any profits, or pay any percentage or 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. Police 10 There shall be no admission fee, cover charge, nor minimum purchase required. Police 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. Police 12 The hours of operation shall be limited to a 12:00 a.m. closing, seven days a week. Police 13 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. Police 14 The outdoor patio area must be completely enclosed with at least 42 inch high fencing and entry capability only from within the restaurant areas. Police GENERAL CONDITIONS — PUBLIC DANCE /BANQUET HALL 15 There must be served at least one meal of a substantial nature as described in Section 4.16.050.030 Anaheim Municipal Code. Police 16 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit- sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) Police 17 The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) Police 18 There shall be no admission fee, cover charge, nor minimum purchase required. Police 19 There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper Police 7 PC2011 -071 8 PC2011 -071 permits have been obtained from the City of Anaheim. 20 The hours of operation shall be limited to a 12:00 a.m. closing, seven days a week. Police 21 All entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. Police 22 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. (Section 4.16.050.0I0 Anaheim Municipal Code) Police 23 The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.1 8.110 Anaheim Municipal Code) Police 24 No minor under the age of sixteen (16) years shall be allowed to attend the dance, unless accompanied by a parent or guardian. (Section 4.16.060.010 Anaheim Municipal Code) Police GENERAL CONDITIONS -- FOOD COURT 25 Signs shall be posted in a prominent place at all exits of the premises, stating "No Open Containers of Alcoholic Beverages Beyond This Point." Police 26 The applicant shall be responsible to ensure that no patron leaves the common dining area with an open container of alcoholic beverage. Police 27 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. Police 28 The hours of operation shall be limited to a 12 a.m. closing, seven days a week. The sale and dispensing of alcohol shall terminate 30 minutes prior to closing. Police 29 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. Police GENERAL CONDITIONS 30 Adequate lighting of parking lots, driveway, circulation areas, 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 Police 8 PC2011 -071 -9 PC2011 -071 during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. 31 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police 32 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) Police 33 Any permitted event or activity shall not create sound levels, which violate any ordinance of the City of Anaheim as described in Section 4.16.100.010 of the Anaheim Municipal Code. Police 34 The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police 35 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and 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. Public Works 36 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 37 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Code Enforcement 38 The operation of this use is contingent upon the continued availability of a minimum of 212 parking spaces as recommended in the parking study prepared by Kimley Horn Traffic Engineers dated September, 2011. . Any proposed modifications to the approved parking arrangement shall be subject to the review and approval of Planning Department and Public Works Department staffs. Planning -9 PC2011 -071 39 A maximum of twelve (12) outdoor events shall be permitted per year for any activities that include the sale and consumption of alcoholic beverages. These twelve events shall apply to both CUP2010 -05474 and CUP2010- 05506 A permits combined. Outdoor activities that include alcoholic beverage consumption are subject to review and approval by all applicable City departments. All accessory permits shall be obtained as deemed necessary, The outdoor events shall provide adequate security as required by the Police Department. Planning 40 Amplified sound in connection with outdoor events shall not be permitted after 10 p.m. seven days a week, with the exception of outdoor movies shown during the months of May through August, which may be permitted until 11 p.m. Any amplified sound shall be audible to the audience only, and shall not cause a disturbance to the adjacent residential neighborhoods. Speakers used for amplified sound shall be directed away from the residential properties to the east. Police 41 A maximum of twelve (12) alcoholic beverage licenses shall be permitted in the Packing House building. These alcoholic beverage licenses shall be for on- premises consumption only in . conjunction with a bonafide eating establishment. Planning 42 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 through 8 (Packing District development plans) and as conditioned herein. Planning - 10 - PC2011 -071