Resolution-PC 2015-012RESOLUTION NO. PC2015 -012
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT
NO. 1891 TO PERMIT A TYPE 48 (ON -SALE GENERAL- PUBLIC PREMISES)
ALCOHOLIC BEVERAGE CONTROL LICENSE
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015- 00001)
(628 WEST ORANGEWOOD AVENUE)
WHEREAS, on September 25, 1978, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim ( "Planning Commission "), by Resolution No. PC
78 -228, (1) approved Conditional Use Permit No. 1891 (herein referred to as the "Original CUP ")
to permit the sale of beer and wine for on- premises consumption in a bar on premises located at
628 West Orangewood Avenue, County of Orange, State of California (the "Premises "), which
Premises is located within a commercial center commonly known as 626 -636 East Orangewood
Avenue. The location of the commercial center is generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference (the "Property "). The conditions of
approval which were the subject of the Original CUP shall be referred to herein collectively as the
"Previous Conditions of Approval "; and
WHEREAS, the Planning Commission did receive a verified petition to amend the
Original CUP to permit the sales and consumption of beer, wine and distilled spirits for
consumption at the Premises ( "Proposed Project ") pursuant to Section 18.60.190 (Amendment of
Permit Approval) of the Anaheim Municipal Code ( "Code "). Said amendment is designated as
Conditional Use Permit No. 1891A; and
WHEREAS, the Property is approximately 0.4 acres in size and is developed with a
5 -unit commercial center. The Land Use Element of the Anaheim General Plan designates the
Property for Medium Density Residential land uses. The Property is located within the "C -G"
General Commercial Zone. As such, the Property is subject to the zoning and development
standards described in Chapter 18.08 (General Commercial Zone) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 9, 2015 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 Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 1891A, and to investigate and make findings and recommendations in
connection therewith; 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
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WHEREAS, the Planning Commission finds and determines that the Proposed
Project is within that class of projects (i.e., Class 1 — Existing Facilities) which consists 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 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 with respect to the request for Conditional Use Permit No. 1891A , does find and
determine the following facts:
1. The request to permit the sale of beer, wine and distilled spirits for on-
premises consumption in conjunction with a bar in an existing commercial retail center in the
Commercial Zone is an allowable use within the "C -G" General Commercial Zone under
subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code
provided that a conditional use permit is approved.
2. The request to permit the sale of beer, wine and distilled spirits for on-
premises consumption in conjunction with a bar would not adversely affect the surrounding land
uses and the growth and development of the area in which it is proposed to be located because
the Property is currently developed with a commercial retail center and the proposed use of the
Premises at the Property is compatible with the existing uses within the commercial center and
uses in the surrounding area; and
3. The size and shape of the site is adequate to allow the full development of
the existing use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently improved with a commercial retail
center and there is no proposed expansion of the Premises; and
4. The traffic generated by permitting the sale of beer, wine and distilled
spirits for on- premises consumption in conjunction with a bar would 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 Property are consistent with the existing commercial
use of the Premises and the permitted businesses within the commercial center; and
5. The granting of Conditional Use Permit No. 1891A under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the
reasons hereinabove stated, that Conditional Use Permit No. 1891A is hereby approved, thereby
amending the Original CUP for the Proposed Project.
BE IT FURTHER RESOLVED that, effective upon the effective date of this
Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated
herein by this reference (the "Revised Conditions of Approval ") 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 Original CUP and this Conditional Use Permit
No. 1891A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit
B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No.
1891A.
BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit
B attached hereto are hereby found to be a necessary prerequisite to the proposed use of the
Premises under Conditional Use Permit No. 1891A 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.
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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, PLANN OMMISSION
CITY OF A M
ATTEST:
n ,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 th day of February, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT ITA"
DES' NO. 2015-00001
W BLUEBELL AVE
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125'
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13 8'
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W CLIFFWOOD AVE I
o O ' 100
f eet
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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!W ORANGEWOOD AVE
125'
ED
�2FTT
13 8'
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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!W ORANGEWOOD AVE
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 1891A
(DEV2015- 00001)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1
The managers and /or owners shall coordinate with the Department
of Alcoholic Beverage Control and obtain LEAD (Licensee
Police Department
Education on Alcohol and Drugs Program) Training for themselves
and service employees. The contact number is 714 -558 -4101.
2.
The activities occurring in conjunction with the operation of this
Police Department
establishment shall not cause noise disturbances to surrounding
properties.
3.
All activities related to the use shall occur indoors, except as may
Planning Department,
be permitted by an authorized Special Event Permit.
Code Enforcement
Division
4.
There shall be no admission fee, cover charge, or minimum
Police Department
purchase required.
5.
There shall be no exterior advertising of any kind or type, including
Police Department
advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages.
6.
The existing bar shall be operated in accordance with the Letter of
Planning Department,
Operation submitted as part of this application. Any changes to the
Planning Services
business operation as described in the Letter of Operation shall be
Division
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.
7.
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. Any 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.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
8.
The sale of alcoholic beverages for consumption off the premises
Police Department
shall be prohibited.
9.
The occupancy shall not exceed the occupancy limit for the
Police Department,
premises established by the Anaheim Fire Department. Signs
Fire Department
indicating the occupant load shall be posted in a conspicuous place
on an approved sign near the main exit(s) from the room(s).
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.
11.
The managers and /or owners shall not share any profits, or pay any
Police Department
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.
12.
Adequate lighting of parking lots, passageways, recesses, and
Police Department
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 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.
13.
No required parking area shall be fenced -off or otherwise enclosed
Planning Department,
for outdoor storage uses.
Code Enforcement
Division
14.
Windows of restaurant shall not be covered by advertising to the
Police Department
extent that the interior is not clearly visible from the outside to
enable officers responding to potential emergency situations to
observe any activity which may be occurring inside. At no time
shall window signs exceed 10% of the window area, in compliance
with the Zoning Code.
15.
The managers and /or owners shall be responsible for maintaining
Planning Department,
the area adjacent to the premises over which they have control, in
Code Enforcement
an orderly fashion through the provision of regular maintenance
Division
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.
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RESPONSIBLE
NO.
[GENERAL
CONDITIONS OF APPROVAL
DEPARTMENT
CONDITIONS OFAPPROVAL
16.
The Applicant shall defend, indemnify, and hold harmless the
Planning Department,
City and its officials, officers, employees and agents (collectively
Planning Services
referred to individually and collectively as "Indemnitees ") from
Division
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.
17.
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of
Planning Services
the issuance of the final invoice or prior to the issuance of building
Division
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.
18.
The subject Property shall be developed substantially J p Y p yin
Planning Department,
accordance with plans and specifications submitted to the City of
Planning Services
Anaheim by the petitioner and which plans are on file with the
Division
Planning Department, and as conditioned herein.
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