Resolution-PC 2019-019RESOLUTION NO. PC2019-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2019-06005 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2019-00015)
(2120 EAST HOWELL AVENUE, UNIT 410)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2019-06005 to permit a bar
with sales of beer and wine for on and off -premises consumption within an existing industrial
building with a new "Type 42" On -Sale Beer and Wine — Public Premises Alcoholic Beverage
Control (ABC) license to permit the sale of beer and wine for on and off-site consumption (the
"Project"), for certain real property located at 2120 East Howell Avenue, Unit 410 in the City of
Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, Conditional Use Permit No. 2019-06005 is proposed in conjunction with
Public Convenience or Necessity No. 2019-00145, now pending, which, together with the Project,
shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property, consisting of approximately 6.3 acres, is developed with an
industrial business center. The Anaheim General Plan designates the Property for "O -H" Office
High land uses. The Property is located within the underlying "I" Industrial Zone, and the "PTMU"
Platinum Triangle Mixed Use Overlay Zone; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 15, 2019 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 the Proposed Project and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, this 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 consists of construction and location of limited numbers of new, small facilities
or structures, and that, therefore, pursuant to Section 15301 of the 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
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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 Conditional Use Permit No. 2019-06005, does find and
determine the following facts:
1. The proposed request to permit a bar with sales of beer and wine for on and off -
premises consumption within an existing industrial building with a new "Type 42" On -Sale Beer
and Wine — Public Premises ABC license to permit a bar with sales of beer and wine for on and
off -premises consumption within an existing industrial building is an allowable use within the "I"
Industrial Zone under Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code,
subject to a conditional use permit and the zoning and development standards of the "I" Industrial
Zone.
2. The Proposed Project, under the conditions imposed, is compatible with the existing
and proposed uses in the surrounding area.
3. The size and shape of the site for the Proposed Project, under the conditions imposed,
is adequate to allow the full development of the proposed use in a manner not detrimental to the
particular area or to the health and safety because the bar will adhere to all required land use
standards, including the required number of parking spaces.
4. The traffic generated by the Proposed Project, under the conditions imposed, will 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 this use will not exceed the levels anticipated and
analyzed in this area.
5. The granting of the Proposed Project, under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project
will be compatible with the surrounding area through conditions of approval for the use and would
not be a health or safety risk to 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. 2019-06005, contingent upon and subject to (i) approval of
Public Convenience or Necessity No. 2017-00145, now pending, and (ii) the conditions of
approval set forth 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 under
Conditional Use Permit No. 2019-06005 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
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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 15, 2019. 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.
C�>Ia oG �1, ,
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 April 15, 2019, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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DEN NO. 2019.00015
E HOWELL AVE
Sound Recorded TrSuCi IA*ps vul'ot Cdy {',IS
.,,t Please note the accuracy is +r_ two Io Awe feet
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2019-06005
(DEV2019-00015)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
All requests for new water services, backflow equipment, or fire lines,
Public Utilities,
as well as any modifications, relocations, or abandonments of existing
Water Engineering
water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
2
Applicant shall contact Water Services Cross Connection Control at
Public Utilities,
714-765-5203 to determine whether a backflow prevention device
Water Engineering
must be installed on the Applicant's internal and external plumbing
systems. Backflow prevention device(s) shall be installed if
determined to be required.
GENERAL CONDITIONS
3
The required number of parking spaces (27) shall be provided on the
Planning and Building
property at all times that the business is in operation.
Department,
Planning Services
Division
4
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.
5
The business shall not be operated in such a way as to be detrimental
Police Department
to the public health, safety, or welfare.
6
Any and all security officers provided show comply with all State and
Police Department
Local ordinances regulating their services, including without
limitation, Chapter 11.5 in Division 3 of the California Business and
Professions Code (Section 4.16.070 Anaheim Municipal Code).
7
Security measures shall be provided to the satisfaction of the Anaheim
Police Department
Police Department. Such measures of shell deter unlawful conduct of
employees and patrons, promote the safe and orderly assembly and
movement of persons and vehicles, and prevent disturbances to the
neighborhood by excessive noise created by patrons entering or
leaving the premises.
8
Managers, owners, and wait staff need to call the Department of
Police Department
Alcoholic Beverage Control and obtain LEAD (Licensee Education
on Alcohol and Drugs Program) training. The contact number is 714-
558-4101. A similar program may be used as long as it is certified
and must be renewable.
9
There shall be no admission fee, cover charge, nor minimum purchase
Police Department
required.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
Signs shall be posted inside all doors stating, "No open alcoholic
Police Department
beverages allowed past this point."
11
Doors shall be kept closed at all times during the operation of the
Police Department
remises except in cases of emergency.
12
Hours of operation shall be limited to 12:00 midnight each night of
Police Department
the week.
13
There shall be no entertainment, amplified music, or dancing
Police Department
permitted on the premises at any time unless the proper permits have
been obtained from the City of Anaheim.
14
Vehicle deliveries including loading and unloading shall only be
Public Works,
performed on site in the designated loading shown as shown on the
Traffic Engineering
site plan. Deliveries shall not take place on any part of the public right
of way.
15
All landscaping shall be maintained in perpetuity in conformance with
"Landscape
Planning and Building
Chapter 18.46 and Screening" of the Anaheim Municipal
Department,
Code. Landscaping shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
Code Enforcement
Division
16
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
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
Division
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
17
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
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
Division
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.
18
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department and as
Planning Services
conditioned herein.
Division
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