Resolution-PC 2015-014RESOLUTION NO. PC2015 -014
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2010-05474 AND DETERMINATION
OF PUBLIC CONVENIENCE OR NECESSITY NO. 2015 -00116
FOR TYPE 20 AND TYPE 42 ALCOHOLIC BEVERAGE CONTROL
LICENSES AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2010- 00005B)
(440 SOUTH ANAHEIM BOULEVARD)
WHEREAS, on September 21, 2011, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (the "Planning Commission "), by its Resolution
No. PC2011 -071, approved Conditional Use Permit No. 2010 -05474 and Variance No. 2011-
04868 to convert the 2 -story historic Packing House building to a commercial retail center, to
include retail stores, restaurants with outdoor dining, the sale of beer, wine and distilled spirits
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 collectively as the "Original
CUP ") on that certain real property located at 440 South Anaheim Boulevard in the City of
Anaheim, County of Orange, State of California, which is generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference (the "Property "). In
addition to permitting the use of the historic Packing House as a commercial retail center, the
Original CUP permitted a total of twelve California Department of Alcoholic Beverage Control
( "ABC ") licenses at the Property in conjunction with the sale and service of food; six Type 41
(On Sale Beer & Wine — Eating Place) ABC licenses, authorizing the sale of beer and wine for
consumption at a restaurant, and six Type 47 (On Sale General — Eating Place) ABC licenses,
authorizing the sale of beer, wine and distilled spirits for consumption at a restaurant; and
WHEREAS, on December 16, 2013, and subject to certain conditions of approval, the
Planning Commission, by its Resolution No. PC2013 -088, approved an amendment to 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 beer, wine and distilled spirits for on- premises
consumption without the sale and service of food in conjunction with a the proposed bar to be
located within the Property, which is now known as "Hammer" in Space No. 112 (herein referred
to as the "2013 Amendment "). The 2013 Amendment represented the substitution of a Type 48
(On -Sale General — Public Premises) ABC license in the place and stead of one of the six Type
47 (On Sale General — Eating Place) ABC licenses that had been approved under the Original
CUP; and
WHEREAS, the Original CUP and the 2013 Amendment shall be referred to herein
collectively as the "CUP ". The conditions of approval which were the subject of the Original
CUP, as amended and modified by the 2013 Amendment, shall be referred to herein collectively
as the "Previous Conditions of Approval "; and
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WHEREAS, the Planning Commission did receive a verified petition to amend the CUP to
permit a beer and wine bar with on- and off - premises sales and consumption of beer and wine for
that portion of the Property where the business known as "Boxcar" in Space No. 111 is now
located and make an associated determination of public convenience or necessity. Included as a
part of the petition is the request to permit two additional ABC liquor licenses at the Property,
both of which are proposed to be issued for that portion of the Property where the business known
as "Boxcar" is now located. The two liquor licenses requested are a Type 20 (Off -Sale Beer &
Wine) ABC license, that will allow the sale of beer and wine for consumption off the premises
where sold, and a Type 42 (On -Sale Beer and Wine — Public Premises), that will allow the sale of
beer and wine for consumption on or off the premises where sold where food service is required.
The business known as "Boxcar" is presently being operated in connection with that portion of
the Property commonly known as "Cook's Chapel" and operated as a banquet hall with one of the
six authorized Type 47 ABC licenses. The applicant has requested that the business known as
"Boxcar" be separated from the "Cook's Chapel" banquet hall for the purpose of alcohol sales and
service so that the business can serve beer and wine on the premises without food service and,
additionally, to sell beer and wine to its customers for off - premises consumption; and
WHEREAS, in order to approve the applicant's petition for two additional ABC liquor
licenses at the Property, the Planning Commission must determine that the public convenience or
necessity will be served by the issuance by ABC of the aforementioned Type 20 (Off -Sale Beer
& Wine) and Type 42 (On -Sale Beer and Wine — Public Premises) licenses (herein referred to
collectively as "Public Convenience or Necessity No. 2015- 00116 "); and
WHEREAS, also included as a part of the verified petition is a request to modify
previously- approved plans and conditions of approval for an outdoor dining area with a bar in
conjunction with an existing restaurant space for that portion of the Property where the business
now known as "Ecco" in Space No. 209B is located; and
WHEREAS, the requests to (1) permit a beer and wine bar with on- and off - premises
sales and consumption of beer and wine for that portion of the Property where the business
known as "Boxcar" is now located, (2) modify previously- approved plans and conditions of
approval for an outdoor dining area with a bar in conjunction with an existing restaurant space
for that portion of the Property where the business now known as "Ecco" is located, shall be
referred to herein collectively as and (3) determine Public Convenience or Necessity No. 2015-
00116 may sometimes be referred to herein collectively as the "Proposed Project "), which,
together, consist of an amendment to the CUP and is designated herein collectively as
Conditional Use Permit No. 2010- 0547413; 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 underlying zone of the Property
is the "I" Industrial Zone but is subject to the zoning and development standards for the "C -NC"
Neighborhood Center Commercial Zone contained in Chapter 18.08 (Commercial Zones) of the
Code by virtue of the fact that the Property is designated within the Neighborhood Commercial
District of the South Anaheim Boulevard Corridor Overlay Zone (the "SABC Overlay Zone ").
Its designation within the Neighborhood Commercial District of the SABC Overlay Zone means
that the Property is subject to the zoning and development standards for the "C -NC"
Neighborhood Center Commercial Zone contained in Chapter 18.08 (Commercial Zones) of the
Code; provided, however, that the requirements of the SABC Overlay Zone, as set forth in
Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone), shall apply to the
Property and shall supersede any inconsistent regulations of the "C -NC" Neighborhood Center
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Commercial Zone. The Anaheim General Plan designates this Property for Mixed Use land
uses; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA ") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines "), the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the Proposed Project is
within that class of projects (i.e., Class 1 — Existing Facilities) 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 State CEQA
Guidelines, the Proposed Project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; and
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 Public Convenience or Necessity No. 2015- 00116,
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 299% 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.
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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 on or 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.
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 5 off -sale
licenses and 18 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
299 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- 05474B, does find
and determine the following facts:
1. While the off - premises sale of alcoholic beverages is not prohibited at the Property
under paragraph .0202 of Subsection .020 of Section 18.24.030 (General Provisions) of Chapter
18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the Code, the request to
permit the on- and off - premises sale of alcoholic beverages is properly one for which a
conditional use permit is authorized under the underlying "C -NC" Neighborhood Center
Commercial Zone pursuant to Subsection .010 (Primary Uses) of Section 18.08.030 (Uses) of
Chapter 18.08 (Commercial Zones) of the Code.
2. The Proposed Project, including the sale of beer and wine for on- and off - premises
consumption and a modification of the previously- approved plans and conditions of approval for
an outdoor dining area with a bar in conjunction with an existing restaurant space, 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 these uses would complement, and be compatible with, the
other food, banquet, and entertainment uses operating within the Packing House. Moreover, the
alcohol sales and consumption are intended to be accessory to food - related businesses within the
food hall.
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3. The size and shape of the site for the on- and off - premises consumption of beer and
wine 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. Moreover, the Proposed Project will not result in an
increase in the parking demand for the Packing House facility.
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 Neighborhood Commercial District of the SABC
Overlay Zone.
5. The granting of Conditional Use Permit No. 2010- 05474B 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.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
detract from the findings made in this Resolution. The Planning Commission expressly declares
that it considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons
hereinabove stated, does hereby determine that the public convenience or necessity will be served
by the issuance by ABC of the aforementioned Type 20 (Off Sale Beer & Wine) and Type 42 (On
Sale Beer & Wine — Public Premises) within the Property at the location described herein above
and, accordingly, hereby approves Public Convenience or Necessity No. 2015- 00116 contingent
upon and subject to the conditions of approval set forth in Exhibit B attached hereto and
incorporated herein by this reference (the "Revised Conditions of Approval ").
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Conditional Use Permit No. 2010- 05474B contingent upon and subject to the Revised Conditions of
Approval.
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the
Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby
replace the Previous Conditions of Approval in their entirety. All references to the conditions of
approval for the CUP shall be to the Revised Conditions of Approval attached to this Resolution as
Exhibit B , which shall control and govern the CUP, as amended by Conditional Use Permit No.
2010 - 0547413, and Public Convenience or Necessity No. 2015- 00116.
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BE IT FURTHER RESOLVED that the conditions of approval set forth in Exhibit B
attached hereto 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 any amendment, modification or revocation 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 Code.
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 approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 9, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
IAN, PLANNING MMISSION
CITY OF A HE IM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on February 9, 2015, by the following vote of the
members thereof.
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of February,
2015.
A ,,,, -;��
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DES% NO. 2010- 00005B
APN: 037- 023 -10 BR0P11��
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o w ioo Source: Recorded Tract Maps and/or City GIS.
FO Please note the accuracy is +(- two to five feet.
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05474 AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00116
(DEV2010- 00005B)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS — RESTAURANTS
1
At all times when the premise is open for business, the premise
Police Department
shall be maintained as a bona fide restaurant and shall provide a
menu containing an assortment of foods normally offered in such
restaurant.
2
There shall be no exterior advertising or sign of any kind or type,
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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 violation of this condition.
3
Petitioner shall not share any profits, or pay any percentage or
Police Department
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.
4
There shall be no admission fee, cover charge, nor minimum
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purchase required.
5
There shall be no entertainment, amplified music or dancing
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permitted on the premise at any time unless the proper permits
have been obtained from the City of Anaheim.
6
The hours of operation shall be limited to a 12:00 a.m. closing,
Police Department
seven days a week. The sale and dispensing of alcohol shall
terminate 30 minutes prior to closing.
7
The subject alcoholic beverage license shall not be exchanged for
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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.
8
The outdoor patio areas must be completely enclosed with at least
Police Department
42 -inch high fencing and must include gates with self - closing
hardware.
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GENERAL CONDITIONS — PUBLIC DANCEBANQ UET HALL IN SPACE NO. 112
9
There must be served at least one meal of a substantial nature as
Police Department
described in Section 4.16.050.030 Anaheim Municipal Code.
10
The business shall not employ or permit any persons to solicit or
Police Department
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)
11
The number of persons attending the event shall not exceed the
Police Department
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)
12
There shall be no admission fee, cover charge, nor minimum
Police Department
purchase required.
13
There shall be no entertainment, amplified music or dancing
Police Department
permitted on the premise at any time unless the proper permits
have been obtained from the City of Anaheim.
14
The hours of operation shall be limited to a 12:00 a.m. closing,
Police Department
seven days a week.
15
All entertainers and employees shall be clothed in such a way as to
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not expose "specified anatomical areas" as described in Section
7.16.060 of the Anaheim Municipal Code.
16
The floor space provided for dancing shall be free of any furniture or
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partitions and maintained in a smooth and safe condition. (Section
4.16.050.010 Anaheim Municipal Code)
17
The doors shall remain closed at all times that entertainment is
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permitted, except during times of entry or exit, emergencies and
deliveries. (Section 4.18.110 Anaheim Municipal Code)
18
No minor under the age of sixteen (16) years shall be allowed to
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attend a public dance event, unless accompanied by a parent or
guardian. (Section 4.16.060.010 Anaheim Municipal Code)
GENERAL CONDITIONS —FOOD COURT
19
Signs shall be posted in a prominent place at all exits of the
Police Department
premises, stating "No Open Containers of Alcoholic Beverages
Beyond This Point."
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20
The applicant shall be responsible to ensure that no patron leaves
Police Department
the common dining area with an open container of alcoholic
beverage.
21
There shall be no entertainment, amplified music or dancing
Police Department
permitted on the premise at any time unless the proper permits
have been obtained from the City of Anaheim.
22
The hours of operation shall be limited to a 12:00 a.m. closing,
Police Department
seven days a week. The sale and dispensing of alcohol shall
terminate 30 minutes prior to closing.
23
All Type 41 and 47 ABC licenses in conjunction with the
Police Department
restaurants 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.
GENERAL CONDITIONS — CONCIERGE BAR IN SPACE NO. 215 AND WINE BAR IN SPACE
NO. 111
24
The bars shall be operated and maintained substantially in
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accordance with plans and specifications as specifically shown on
exhibits approved in conjunction with this permit.
25
The bars shall not employ or permit any persons to solicit or
Police Department
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)
26
There shall be no entertainment, amplified music or dancing
Police Department
permitted on the premise at any time unless the proper permits
have been obtained from the City of Anaheim.
27
There shall be no admission fee, cover charge, nor minimum
Police Department
purchase required.
28
The hours of operation shall be limited to a 12:00 a.m. closing,
Police Department
seven days a week. The sale and dispensing of alcohol shall
terminate 30 minutes prior to closing.
29
All persons serving or otherwise dispensing alcoholic beverages
Police Department
shall be 21 years old or older. All persons serving alcohol shall
not consume any alcoholic beverages.
30
Signs shall be posted at all entrances stating "No one under 21
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allowed beyond this point."
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31
Alcoholic beverages shall only be sold and served in distinctive
Police Department
cups and no other cups may be used for the dispensing of 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 shall
significantly differ in appearance from those containers utilized by
any other licensees located in the food court.
GENERAL CONDITIONS
32
The building shall be equipped with an alarm system (silent or
Police Department
audible).
33
Address numbers shall be positioned so as to be readily readable
Police Department
from the street. Numbers should be visible during hours of
darkness.
34
Complete a Burglary /Robbery Alarm Permit application, Form
Police Department
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.aspp ?id =678
35
The rear doors of the premises shall be numbered with the same
Police Department
address numbers or suite number of the business. Minimum height
of 4" recommended.
36
All exterior doors to have adequate security hardware, e.g. deadbolt
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locks.
37
Adequate lighting of parking lots, driveway, circulation areas,
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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 during the hours of darkness and
provide a safe, secure environment for all persons, property, and
vehicles on -site.
38
Security measures shall be provided to the satisfaction of the
Police Department
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.
39
All security officers provided shall comply with all State and Local
Police Department
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)
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40
Any permitted event or activity shall not create sound levels, which Police Department
violate any ordinance of the City of Anaheim as described in
Section 4.16.100.010 of the Anaheim Municipal Code. The
activities occurring in connection with the operation of this
establishment shall not cause noise disturbance to surrounding
properties.
41
The location of a trash enclosure shall be provided in a location
Public Works
acceptable to the Public Works Department, Streets and Sanitation
Department
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.
42
No required parking area shall be fenced or otherwise enclosed for
Planning Department,
outdoor storage.
Code Enforcement
Division
43
The applicant shall be responsible for maintaining the area adjacent
Planning Department,
to the premises over which they have control, in an orderly fashion
Code Enforcement
through the provision of regular maintenance and removal of trash
Division
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.
44
The operation of this use is contingent upon the continued
Planning Department
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 the Planning and Public Works Departments.
45
A maximum of twelve (12) outdoor events shall be permitted per
Planning Department
calendar year for any activities that include the sale and consumption
of alcoholic beverages. These twelve events shall apply to both
CUP2010- 05474B 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.
46
Amplified sound in connection with outdoor events shall not be
Police Department
permitted after 10:00 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 11:00 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.
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47
A maximum of fourteen (14) alcoholic beverage licenses shall be
Planning Department
permitted within the Packing House building. These alcoholic
beverage licenses shall be for on- premises consumption only in
conjunction with a bonafide eating establishment, with the exception
of the Type 48 (On -Sale General — Public Premises) ABC license
approved for the concierge bar in Space No. 215, and the Type 20
(Off Sale - Beer & Wine) and Type 42 (On -Sale Beer and Wine —
Public Premises) licenses in the wine bar in Space No. 111.
48
The applicant is responsible for paying all charges related to the
Planning Department
processing of this discretionary case application within 30 days 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.
49
The property shall be developed substantially in accordance with
Planning Department
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department
and as conditioned herein.
50
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department
and its officials, officers, employees and agents (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.
-14- PC2015 -014