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Resolution-PC 2018-021RESOLUTION NO. PC2018-021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05957 TO PERMIT A TYPE 47 (ON -SALE GENERAL — EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00015) (195 WEST CENTER STREET PROMENADE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2018-05957 to permit the sale of alcoholic beverages under a Type 47 (On -Sale General — Eating Place) license issued by the State of California Department of Alcoholic Beverage Control (herein referred to as "ABC") for on -premises consumption in conjunction within a proposed restaurant, bar, and nightclub with live entertainment located at 195 West Center Street Promenade, in the City of Anaheim, County of Orange, State of California. The proposed restaurant is located within an existing commercial building on real property generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2018-05957 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is part of a 2.66 -acre commercial retail building and parking structure, which is located within the "MU" Mixed Use land use designation of the Anaheim General Plan. The Property is located in the underlying "C -G" General Commercial Zone and the "DMU" Downtown Mixed Use Overlay Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) and 18.30 (Downtown Mixed Use Overlay Zone) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 16, 2018 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. 2018-05957 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 effects of the Proposed Project are typical of those generated 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 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 - PC2018-021 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. 2018-05957, does find and determine the following: 1. The proposed request to permit the sale of alcohol for on -premises consumption and live entertainment in conjunction with a proposed restaurant and bar in a commercial building 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) and Subsection .020 of Section 18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use Overlay Zone) of the Code, subject to a conditional use permit and the zoning and development standards of the "C -G" General Commercial and "DMU" Downtown Mixed Use Overlay Zone. 2. The Proposed Project 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 use of a portion of the Property as a restaurant, bar and nightlub with incidential alcohol sales for on-site consumption and live entertainment is compatible with the existing uses within the commercial building and uses in the surrounding area, subject to the conditions of approval shown below. 3. The size and shape of the site is adequate to allow the full development of the Proposed Project 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 building and parking structure and no expansion to the building is proposed. 4. The traffic generated by permitting the sale of alcohol for on -premises consumption and live entertainment in conjunction with a proposed restaurant and bar would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by the restaurant and nighclub would not conflict with peak daytime hours of the surrounding office and retail uses in the vicinity. 5. The granting of Conditional Use Permit No. 2018-05957 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. and; 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 that the Planning Commission does hereby approve Conditional Use Permit No. 2018-05957, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference. - 2 - PC2018-021 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 under Conditional Use Permit No. 2018-05957 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 April 16, 2018. 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. 4�_,Z CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2018-021 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 April 16, 2018, by the following vote of the members thereof. AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL 2018. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of April, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-021 EXHIBIT "A" DEV NO. 2018-00015 Source: Recorded Tract Maps and/or City GIS. F, Please note the accuracy is +/- two to five feet. -5- PC2018-021 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05957 (DEV2018-00015) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS OF APPROVAL I The bar, restaurant and nightclub shall be operated in accordance with the Letter of Operation submitted as part of the application. Any Planning and changes to the business operation described in the Letter of Operation Building Department 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. Live entertainment shall be subject to a separate Entertainment Permit. 2 Sound attenuation shall be provided to minimize impacts on Planning and surrounding residents and businesses to the satisfaction of the Planning Building Department and Building Director and the Chief of Police. All doors and windows police Department shall remain closed when there is any live entertainment or amplified sound. 3 The restaurant, bar and nightclub shall become a 21 and over only venue Police Department after 9:00 p.m. Proper identification shall be checked by security staff at the door. 4 Entertainment shall stop 30 minutes prior to closing each day of the Police Department week. 5 Entertainment provided shall not be audible beyond the area under the Police Department control of the licensee. 6 Entertainment of any kind shall not be allowed in the outdoor patio area. Police Department 7 Parking within the adjacent parking structure shall be on a pre -pay Police Department system and the gate open for exit on evenings with entertainment. 8 There shall be no outside promoters used. Police Department 9 Bottle Service is not allowed. Police Department 10 At all times when the premise is open for business, the premise shall be Police Department maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. - 6 - PC2018-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 Parking lots, driveways, circulation areas, aisles, passageways, recesses Police Department and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and 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 onsite. 12 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. 13 Hours of Operation shall be: Monday — Wednesday to 9:00 p.m., Police Department Thursday to midnight, Friday and Saturday to 2:00 a.m., and Sunday to 10:00 P.M. 14 Security measures shall be provided to the satisfaction of the Anaheim Police Department Police Department to prevent disturbances to the nearby neighborhood. 15 A security plan shall be submitted to the Police Department for review Police Department and approval prior to opening. The Plan shall be kept on file. 16 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) 17 Managers / Owners need to call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The number is 714-558-4101. 18 Any Graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 19 The petitioner(s) shall be responsible for maintaining free of litter the Police Department area adjacent to the premises over which they have control, as depicted. 20 The maximum occupancy shall not exceed 275 persons. Signs Police Department 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) - 7 - PC2018-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 The door(s) and windows shall be kept closed any time there is Police Department entertainment except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. 22 The sale of alcoholic beverages for consumption off the premises shall Police Department be prohibited. 23 The business owner shall patrol the area under their control in an effort Police Department to prevent the loitering of persons about the premises. 24 The applicant shall be responsible for maintaining the area adjacent to Planning and the premises over which they have control, in an orderly fashion through Building Department, the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area Code Enforcement under the control of the licensee shall be removed or painted over within Division 24 hours of being applied. GENERAL CONDITIONS OFAPPROVAL 25 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, Division 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. 26 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, 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 Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 27 The subject Property shall be developed, used and maintained Planning and Building substantially in accordance with plans and specifications submitted to Department, the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Services Division - 8 - PC2018-021