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Resolution-PC 2014-016RESOLUTION NO. PC2014 -016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013 -05713 AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2013 -00104 FOR A TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2013- 00124) (280 SOUTH LEMON STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2013 -05713 to permit a Type 42 (On -Sale General — Public Premises) ABC license within a portion of the ground floor commercial retail space at the Doria Lofts Mixed -use Project and an associated determination of public convenience or necessity to permit the sale of alcoholic beverages for on and off - premises consumption in conjunction with the proposed wine and beer tasting lounger, pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code ") for that certain real property located at 280 South Lemon Street in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to as the "Property "); and WHEREAS, the Property is approximately 2.46 -acres in size and is developed with three residential buildings consisting of a total of 182 apartment units (commonly known as the Doria Lofts, The Promenade and Carnegie Plaza) and 22,944 square feet of ground floor commercial retail space. The Property is located in the C -G (General Commercial) and DMU (Downtown Mixed Use Overlay) Zone and is designated for Mixed -Use land uses by the Land Use Element of the General Plan; and WHEREAS, on February 10, 2014, 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 -05713 and Public Convenience or Necessity No. 2013 - 00104, 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 - 1 - PC2014 -016 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 - 00104, 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 of the State of California ( "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 168% 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. -2- PC2014 -016 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 eleven (11) on -sale licenses. There are presently (6) off -sale licenses and (9) on -sale licenses 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 1624 which has a 168 percent above - average crime rate and a crime rate of 313 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 complements other retail stores and restaurants within the Downtown and would serve as an added convenience to those who choose to patronize 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. 2013 - 05713, does find and determine the following facts: 1. The request to permit a Type 42 (On -Sale Beer and Wine — Public Premises) ABC license in conjunction with a beer and wine store and tasting lounge is properly one for which a conditional use permit is authorized under Section 18.08.030.010 (Alcoholic Beverage Sales — On and Off Sale) of the Code. 2. The beer and wine store and tasting lounge with on and off - 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 beer and wine store and tasting lounge is compatible with other commercial land uses within the area. 3. The size and shape of the site for the beer and wine store and tasting lounge with on and off - 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 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 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 C -G (General Commercial) and DMU (Downtown Mixed Use) Overlay Zone. 5. The granting of Conditional Use Permit No. 2013 -05713 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. -3- PC2014 -016 NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013 -05713 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- and off - 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. 2013 -05713 and Public Convenience or Necessity No. 2013 -00104 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. 2013 -05713 and Public Convenience or Necessity No. 2013 -00104 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. -4- PC2014 -016 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 10, 2014. 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 PRO- TEAPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 February 10, 2014, by the following vote of the members thereof. AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 10 day of February, 2014. -"1- 1 - SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2014 -016 EXHIBIT "A" DEV NO. 2013 -00124 APN: 037 - 015 -02 037 - 015 -15 037 - 015 -18 037 - 015 -14 037- 015 -20 037 - 015 -21 037 - 015 -11 037 - 015 -13 037- 015 -07 037 - 015 -12 037 - 015 -16 037 - 015 -19 037 - 015 -17 037 - 015 -04 037 - 015 -10 z E g to N1 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. V1 " 2 7 CT W EE STREE ?9,0 Un m. w 1 255 � CP W 16 -6- Py - 6 - PC2014 -016 O U SO SUO F eet EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05713 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00104 (DEV2013- 00124) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO BUILDING PERMIT ISSUANCE 1 All requests for new water services or fire lines, as well as any Public modifications, relocations, or abandonment of existing water Utilities - services and fire lines, shall be coordinated through Water Water Engineering Division of the Anaheim Public Utilities Engineering Department. 2 Prior to issuance of Building Permits, Applicant shall contact Public water services Cross Connection Control staff to determine Utilities - whether a backflow prevention device must be installed on the Water Applicant's internal and external plumbing systems. Engineering PRIOR TO FINAL OCCUPANCY 3 The premises shall be equipped with a comprehensive security Police alarm system (silent or audible) for the following coverage Department areas: perimeter building and access route protection and high valued storage areas within 120 days of this permit. A Burglary /Robbery Alarm Permit application must be completed, Form APD 516, and return it to the Police Department prior to initial alarm activation within 120 days of this permit. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.ai 4 All exterior doors to have adequate security hardware, e.g. Police deadbolt locks. Wide -angle peepholes or other viewing device Department should be installed in solid doors where natural surveillance is compromised and any rear utility doors. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece within 120 days of this permit. 5 Closed circuit television (CCTV) security cameras shall be Police installed with the following coverage areas: interior entrance, Department exterior entrance, general dining area, rear of restaurant and cashier's area within 120 days of this permit. If security cameras are not monitored, signs indicating so should be placed at each camera. CCTV monitors and recorders should be -7- PC2014 -016 -8- PC2014 -016 secured in a separate locked compartment to prevent theft of, or tampering with, the tape. Digital and wireless CCTV security systems are highly recommended over older VHS or "Tape" recording systems. CCTV recordings should be kept for a minimum of 30 days before being deleted or recorded over. If used, CCTV videotapes should not be recorded over more than 10 items per tape. 6 Windows of restaurant shall not be covered by advertising to the Police extent that the interior is not clearly visible from the outside to Department enable officers responding to potential emergency situations to observe any activity which may be occurring inside. GENERAL CONDITIONS 7 Managers and /or owners are responsible for obtaining LEAD Police (Licensee Education on Alcohol and Drugs Program) Training Department from the Department of Alcoholic Beverage Control for themselves and employees serving or selling alcohol. This program must be completed prior to the owner /manager /employee's service or sales of alcoholic beverages. 8 Adequate lighting of parking lots, passageways, recesses, and Police/ grounds contiguous to buildings shall be provided with lighting Planning of sufficient wattage to provide adequate illumination to make Department 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. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 9 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. 10 The business shall not be operated in such a way as to be Police detrimental to the public health, safety or welfare. (Section Department 4.16. 100. 010 Anaheim Municipal Code) 11 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. -8- PC2014 -016 12 There shall be no admission fee, cover charge, nor minimum Police purchase required. Department 13 Signs shall be posted at all entrance stating "No one under 21 Police allowed." Department 14 The permitted activity shall not create sound levels, which violate Police any ordinance of the City of Anaheim. (Section 4.16.100.010 Department Anaheim Municipal Code) 15 No distilled spirits are allowed under this license. Police Department 16 There shall be no live entertainment, amplified music or Police dancing permitted on the premises at any time without issuance Department of proper permits as required by the Anaheim Municipal Code. 17 No display of alcoholic beverages shall be located outside of a Police building or within five (5) feet of any public entrance to the Department building. 18 All activities related to the use shall occur indoors, except as Code may be permitted by an authorized Special Event Permit. Enforcement 19 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. 20 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. 21 The beer and wine store and tasting lounge shall be operated in Planning accordance with the Letter of Operation submitted as part of this Department application. Any changes to the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. -9- PC2014 -016 22 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 "Indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 23 The premises shall be developed substantially in accordance Planning with plans and specifications submitted to and reviewed and Department approved by the City of Anaheim, which plans are on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). -10- PC2014 -016