Resolution-PC 2013-088RESOLUTION NO. PC2013 -088
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2010 -05474 AND MAKING A
DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2013-00103 FOR A TYPE 48 ALCOHOLIC
BEVERAGE CONTROL LICENSE
(DEV2010- 00005A)
(440 SOUTH ANAHEIM BOULEVARD)
WHEREAS, on September 21, 2011, and subject to certain conditions of approval, the
Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission "), by
its Resolution No. PC2011 -071, did approve Conditional Use Permit No. 2010 -05474 and
Variance No. 2011 -04868 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 with a reduced landscaped setback (herein referred to as the "Original CUP ") on that
certain real property located at 440 South Anaheim Boulevard in the City of Anaheim, generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property "); and
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Conditional Use Permit No. 2010- 05474A to amend the Original CUP to allow a concierge bar
with a Type 48 (On -Sale General — Public Premises) ABC license within the Packing House
building and an associated determination of public convenience or necessity to permit the sale of
alcoholic beverages for on- premises consumption in conjunction with the proposed bar, pursuant
to Section 18.60.190 of the Anaheim Municipal Code (the "Code ") for the Property; and
WHEREAS, the Property is approximately 1.0 -acre in size and 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, on December 16, 2013, the Planning Commission did hold a public hearing
at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given
as required by Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60
of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
2013 -05683 and Public Convenience or Necessity No. 2013 - 00100, and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the proposed project is within that class of projects which consist of the
repair, maintenance, and /or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this determination,
and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations,
the proposed project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
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WHEREAS, the 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 pertaining to the request for a determination of Public Convenience or Necessity No.
2013 - 00103, does find and determine the following facts:
1. On July 11, 1995, the City Council of the City of Anaheim adopted
Resolution No. 95R -134, establishing procedures and delegating certain responsibilities
to the Planning Commission relating to the determination of "public convenience or
necessity" on those certain applications requiring that such determination be made by the
local governing body pursuant to applicable provisions of the California Business and
Professions Code, and prior to the issuance of a license by the Department of Alcoholic
Beverage Control ( "ABC ").
2. Section 23958 of the California Business and Professions Code provides
that the ABC shall deny an application for a license if issuance of that license would tend
to create a law enforcement problem or if issuance would result in or add to an "undue
concentration" of licenses, except when an applicant has demonstrated that "public
convenience or necessity" would be served by issuance of a license. For purposes of
Section 23958, "undue concentration" means the case in which the premises are located
in an area where any of the following conditions exist:
(a) The premises are located in a crime reporting district that has a 224%
greater number of "reported crimes" (as defined in Section 23958.4) than the
average number of reported crimes as determined from all crime reporting
districts within the City of Anaheim.
(b) As to on -sale retail license applications, the ratio of on -sale retail licenses
to population in the census tract or census division in which the premises are
located does not exceed the ratio of on -sale retail licenses to population in the
county.
(c) As to off -sale retail license applications, the ratio of off -sale retail licenses
to population in the census tract or census division in which the premises are
located does not exceed the ratio of off -sale retail licenses to population in the
county.
3. Notwithstanding the existence of the above - referenced conditions, ABC
may issue a license if the Planning Commission determines that the "public convenience
or necessity" would be served by the issuance.
4. Resolution No. 95R -134 authorizes the City of Anaheim Police
Department to make recommendations related to "public convenience or necessity"
determinations, and, when the sale of alcoholic beverages for off - premises consumption
is permitted by the Code, said recommendations shall take the form of conditions of
approval to be imposed on the determination in order to ensure that the sale and
consumption of alcoholic beverages does not adversely affect any adjoining land use or
the growth and development of the surrounding area.
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5. The Property is located within Census Tract No. 873.00 with a population
of 10,413 that allows for 6 off -sale ABC licenses and 11 on -sale licenses. There are
presently 6 off -sale licenses and 9 on -sale license in the census tract. The Anaheim
Police Department evaluates these requests based on the crime rates within the police
reporting district by utilizing a one - quarter mile radius for the subject site. The subject
site is in Reporting District 1625 which has a 224 percent above average crime rate and a
crime rate of 331 percent above the average within a one - quarter mile radius.
6. A determination of Public Convenience or Necessity can be made based
on the finding that the license requested under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim as the sale of
alcoholic beverages is ancillary to the mix of retail stores and restaurants within the
Packing House building and would serve as an added convenience to those who choose to
shop and dine at this establishment.
WHEREAS, the 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 pertaining to the request for Conditional Use Permit No. 2010- 05474A, does find
and determine the following facts:
1. The request to permit a Type 48 (On -Sale General — Public Premises)
ABC license in conjunction with a concierge bar is properly one for which a conditional
use permit is authorized under Section 18.08.030.010 (Alcoholic Beverage Sales — Off
Sale) of the Code.
2. The concierge bar with on- premises consumption of alcoholic beverages
will not adversely affect the surrounding land uses, or the growth and development of the
area in which it is proposed to be located because the proposed concierge bar is
compatible with other commercial land uses within the area.
3. The size and shape of the site for the concierge bar with on- premises
consumption of alcoholic beverages is adequate to allow the full development of the
proposed use, in a manner not detrimental to either the particular area or health and
safety.
4. The traffic generated by the Packing House building 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
typical retail businesses that would be permitted as a matter of right within the I (SABC-
Neighborhood Commercial District) zone.
5. The granting of Conditional Use Permit No. 2010- 05474A 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.
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NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 2010- 05474A and determines that the public convenience
or necessity will be served by the issuance of a license for the sale of alcoholic beverages for on-
premises consumption at the Property, subject to the conditions of approval described in Exhibit
B attached hereto and incorporated herein by this reference, which are hereby found to be a
necessary prerequisite to the proposed use of the 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
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, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that Conditional Use Permit No. 2010- 05474A and
Public Convenience or Necessity No. 2013 -00103 are 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 of Permit Approval) and
18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2010 -
05474A and Public Convenience or Necessity No. 2013 -00103 constitutes approval of the
proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim
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 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 the 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 findings hereinabove set forth.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 16, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
CHAIR, ANAHEIM CIT PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 December 16, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 16' day of December, 2013.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2010-00005A
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APN: 037 - 023 -10 BROADWAY
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E EL�S �1�� A �
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O v� Source: Recorded Tract Maps and /or City GIS.
Feet Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2010-05474A AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00103
(DEV2010- 00005A)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR TO
ISSUANCE OF A BUILDING PERMIT
1
The building shall be equipped with an alarm system (silent or
Police
audible).
Department
2
Address numbers shall be positioned so as to be readily readable
Police
from the street. Numbers should be visible during hours of
Department
darkness.
3
Complete a Burglary /Robbery Alarm Permit application, Form
Police
APD 516, and return it to the Police Department prior to initial
Department
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
4
The rear doors of the premises shall be numbered with the same
Police
address numbers or suite number of the business. Minimum
Department
height of 4" recommended.
5
All exterior doors to have adequate security hardware, e.g.
Police
deadbolt locks.
Department
6
An executed agreement to provide off -site parking on the two
Planning
properties to the south, as described in the parking study dated
Department
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.
GENERAL CONDITIONS — RESTAURANTS
7
At all times when the premise is open for business, the premise
Police
shall be maintained as a bona fide restaurant and shall provide a
Department
menu containing an assortment of foods normally offered in
such restaurant.
8
There shall be no exterior advertising or sign of any kind or
Police
type, including advertising directed to the exterior from within,
Department
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 violation of this
condition.
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9
Petitioner shall not share any profits, or pay any percentage or
Police
commission to a promoter or any other person, based upon
Department
monies collected as a door charge, cover charge, or any other
form of admission charge, including minimum drink orders, or
the sale of drinks.
10
There shall be no admission fee, cover charge, nor minimum
Police
purchase required.
Department
11
There shall be no entertainment, amplified music or dancing
Police
permitted on the premise at any time unless the proper permits
Department
have been obtained from the City of Anaheim.
12
The hours of operation shall be limited to a 12:00 a.m. closing,
Police
seven days a week.
Department
13
The subject alcoholic beverage license shall not be exchanged
Police
for a public premise (bar) type license nor shall the
Department
establishment be operated as a public premise as defined in
Section 23039 of the Business and Professions Code.
14
The outdoor patio area must be completely enclosed with at
Police
least 42 inch high fencing and entry capability only from within
Department
the restaurant areas.
GENERAL CONDITIONS — PUBLIC DANCE /BANQUET HALL
15
There must be served at least one meal of a substantial nature as
Police
described in Section 4.16.050.030 Anaheim Municipal Code.
Department
16
The business shall not employ or permit any persons to solicit or
Police
encourage others, directly or indirectly, to buy them drinks in the
Department
licensed premises under any commission, percentage, salary, or
other profit - sharing plan, scheme or conspiracy. (Section 24200.5
Alcoholic Beverage Control Act)
17
The number of persons attending the event shall not exceed the
Police
maximum occupancy load as determined by the Anaheim Fire
Department
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)
18
There shall be no admission fee, cover charge, nor minimum
Police
purchase required.
Department
19
There shall be no entertainment, amplified music or dancing
Police
permitted on the premise at any time unless the proper permits
Department
have been obtained from the City of Anaheim.
20
The hours of operation shall be limited to a 12:00 a.m. closing,
Police
seven days a week.
Department
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21
All entertainers and employees shall be clothed in such a way as
Police
to not expose "specified anatomical areas" as described in Section
Department
7.16.060 of the Anaheim Municipal Code.
22
The floor space provided for dancing shall be free of any furniture
Police
or partitions and maintained in a smooth and safe condition.
Department
(Section 4.16.050.010 Anaheim Municipal Code)
23
The doors shall remain closed at all times that entertainment is
Police
permitted, except during times of entry or exit, emergencies and
Department
deliveries. (Section 4.18.110 Anaheim Municipal Code)
24
No minor under the age of sixteen (16) years shall be allowed to
Police
attend the dance, unless accompanied by a parent or guardian.
Department
(Section 4.16.060.010 Anaheim Municipal Code)
GENERAL CONDITIONS — FOOD COURT
25
Signs shall be posted in a prominent place at all exits of the
Police
premises, stating "No Open Containers of Alcoholic Beverages
Department
Beyond This Point."
26
The applicant shall be responsible to ensure that no patron
Police
leaves the common dining area with an open container of
Department
alcoholic beverage.
27
There shall be no entertainment, amplified music or dancing
Police
permitted on the premise at any time unless the proper permits
Department
have been obtained from the City of Anaheim.
28
The hours of operation shall be limited to a 12 a.m. closing,
Police
seven days a week. The sale and dispensing of alcohol shall
Department
terminate 30 minutes prior to closing.
29
All Type 41 and 47 ABC licenses in conjunction with the
Police
restaurants shall not be exchanged for a public premise (bar)
Department
type license, nor shall the establishment be operated as a public
premise as defined in Section 23039 of the Business and
Professions Code.
GENERAL CONDITIONS - CONCIERGE BAR INSPACE NO. 215
30
The bar shall be operated and maintained substantially in
Police
accordance with plans and specifications as specifically shown
Department
on exhibits approved in conjunction with this permit.
31
The bar shall not employ or permit any persons to solicit or
Police
encourage others, directly or indirectly, to buy them drinks in the
Department
licensed premises under any commission, percentage, salary, or
other profit - sharing plan, scheme or conspiracy. (Section 24200.5
Alcoholic Beverage Control Act)
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32
There shall be no entertainment, amplified music or dancing
Police
permitted on the premise at any time unless the proper permits
Department
have been obtained from the City of Anaheim.
33
There shall be no admission fee, cover charge, nor minimum
Police
purchase required.
Department
34
The hours of operation shall be limited to a 12 a.m. closing,
Police
seven days a week. The sale and dispensing of alcohol shall
Department
terminate 30 minutes prior to closing.
35
All persons serving or otherwise dispensing alcoholic beverages
Police
shall be 21 years old or older. All persons serving alcohol shall
Department
not consume any alcoholic beverages.
36
Signs shall be posted at all entrances stating "No one under 21
Police
allowed beyond this point."
Department
37
Alcoholic beverages shall only be sold and served in distinctive
Police
cups and no other cups may be used for the dispensing of
Department
alcoholic beverages. Said containers shall be readily
identifiable as containing alcoholic beverages and shall be
distinct and different than containers of non - alcoholic
beverages. The cups must significantly differ in appearance
from those containers utilized by any other licensees located in
the food court.
GENERAL CONDITIONS
38
Adequate lighting of parking lots, driveway, circulation areas,
Police
aisles, passageways, recesses and grounds contiguous to
Department
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.
39
Security measures shall be provided to the satisfaction of the
Police
Anaheim Police Department to deter unlawful conduct of
Department
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.
40
All security officers provided shall comply with all State and
Police
Local ordinances regulating their services, including, without
Department
limitation, Chapter 11.5 of Division 3 of the California Business
and Profession Code. (Section 4.16.070 Anaheim Municipal
Code)
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41
Any permitted event or activity shall not create sound levels,
Police
which violate any ordinance of the City of Anaheim as
Department
described in Section 4.16.100.010 of the Anaheim Municipal
Code.
42
The activities occurring in connection with the operation of this
Police
establishment shall not cause noise disturbance to surrounding
Department
properties.
43
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
Department
file with said Department. Said information shall be specifically
shown on the plans submitted for building permits.
44
No required parking area shall be fenced or otherwise enclosed
Planning
for outdoor storage.
Department,
Code
Enforcement
Division
45
The applicant shall be responsible for maintaining the area
Planning
adjacent to the premises over which they have control, in an
Department,
orderly fashion through the provision of regular maintenance
Code
and removal of trash or debris. Any graffiti painted or marked
Enforcement
upon the premises or on any adjacent area under the control of
Division
the licensee shall be removed or painted over within 24 hours of
being applied.
46
The operation of this use is contingent upon the continued
Planning
availability of a minimum of 212 parking spaces as
Department
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.
47
A maximum of twelve (12) outdoor events shall be permitted per
Planning
year for any activities that include the sale and consumption of
Department
alcoholic beverages. These twelve events shall apply to both
CUP2010 -05474 and CUP2010- 05506A 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.
48
Amplified sound in connection with outdoor events shall not be
Police
permitted after 10 p.m. seven days a week, with the exception of
Department
outdoor movies shown during the months of May through
August, which may be permitted until 11 p.m. Any amplified
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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.
49
A maximum of twelve (12) alcoholic beverage licenses shall be
Planning
permitted within the Packing House building. These alcoholic
Department
beverage licenses shall be for on- premises consumption only in
conjunction with a bonafide eating establishment, with the
exception of the Type 48 ABC license approved for the concierge
bar in Space No. 215.
50
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days
Department
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 may result in the revocation of the approval
of this application.
51
The property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim
Department
by the applicant and which plans are on file with the Planning
Department and as conditioned herein.
52
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents
Department
(collectively referred to individually and collectively as
"Indemnitees ") from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void, or
annul the decision of the Indemnitees concerning this permit or
any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness,
legality or validity of any condition attached thereto. The
Applicant's indemnification is intended to include, but not be
limited to, damages, fees and /or costs awarded against or
incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
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