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Staff Report 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: JUNE 5, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2023-00009 LOCATION: 626-628 West Orangewood Avenue APPLICANT/PROPERTY OWNER: The applicant is Maria Apaza and the property owner is Akram Ibrahim. REQUEST: The applicant requests to amend a conditional use permit (CUP) to expand a bar (Type 48 On-Sale General – Public Premises ABC License) within an existing commercial retail center. RECOMMENDATION: Staff recommends that the Planning Commission determine that a Class 1 – Existing Facilities Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Section 15301 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387) is the appropriate environmental documentation for this request; and adopt the attached resolution approving Development Application No. 2023-00009. BACKGROUND: The 0.41-acre property is developed with a five-unit commercial retail center. The applicant currently operates The Cave Sports Bar in an existing 700 square foot tenant space (628 West Orangewood Avenue) within the commercial retail center. Conditional Use Permit No. 1891 to allow a bar with the sales of beer and wine for on-premises consumption was approved by the Planning Commission in 1978 and amended in 2015 to allow the sales of distilled spirits (CUP1891A). The property is in the “C-G” General Commercial Zone, and the General Plan designates this property for Medium Density Residential land uses. Surrounding uses include a hotel across Orangewood Avenue to the north; a motel to the east; multiple- family residential uses to the south; and commercial uses and multiple-family residential uses across Mallul Drive to the west. DEVELOPMENT APPLICATION NO. 2023-00009 June 5, 2023 Page 2 of 7 PROPOSAL: The applicant proposes to expand the existing bar into an adjacent tenant space at 626 West Orangewood Avenue. The adjacent tenant space is approximately 700 square feet and is currently vacant. The applicant proposes to continue to operate the bar in the same manner as previously approved by the Planning Commission and requests no modification of existing conditions of approval, which originally permitted operation seven days a week from 10 a.m. to 2 a.m. The applicant would continue to sell alcoholic beverages (beer, wine, and spirits) for on- premises consumption. View of proposed tenant space expansion DEVELOPMENT APPLICATION NO. 2023-00009 June 5, 2023 Page 3 of 7 Site Plan DEVELOPMENT APPLICATION NO. 2023-00009 June 5, 2023 Page 4 of 7 Proposed Floor Plan FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this Zoning Code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; DEVELOPMENT APPLICATION NO. 2023-00009 June 5, 2023 Page 5 of 7 3) That the size and shape of the site proposed for the use 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) That 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; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The sale of alcoholic beverages for on-premises consumption and a bar require the approval of a CUP in the General Commercial (C-G) zone to ensure compatibility with surrounding uses, and to ensure that the use would not be detrimental to the general health and safety of the community. Conditions of approval may be imposed to ensure that the subject use would operate in a manner that does not create nuisances, affect the general health and welfare of the community, and not adversely affect surrounding properties. The proposed request would not adversely affect the adjoining land uses or development of the area as the business has operated in the existing commercial retail center for the past 29 years without any significant impacts to adjoining uses. Police Department staff indicates that the types of crime reported in this area (including vandalism, theft from autos, and simple assault) are typical to densely populated neighborhoods. Such crimes are not typically considered to be alcohol - related. One assault occurred last year inside the bar between two females, but no other incidents are attributable to the bar. Further, there are no active code enforcement cases, and no repeat violations related to this business have occurred. Further, there are no open code enforcement cases and no complaints related the existing business within at least the last five years. The size and shape of the property are adequate to accommodate the proposed expansion of the business into an adjacent tenant space within the existing commercial retail center. There would be no significant increase in traffic associated with the proposed expansion. The proposed project does not involve any new construction or expansion of the existing building. The proposed hours of operation are typical for similar types of uses. Conditions of approval are included in the draft resolution to ensure that the bar would be properly maintained and operated. The granting of the conditional use permit amendment for the use expansion under the conditions imposed would not be detrimental to the health and safety of the citizens of the City of Anaheim as the business is currently operating in the subject commercial retail center, and the expansion of the bar is not anticipated to create any new or additional impacts. The Police Department has evaluated the application and does not oppose the request subject to conditions that have been incorporated into the attached draft resolution. These conditions include the following: require installation of security cameras; providing a security guard; restricting patrons to 21 years of age or older; and other conditions related to graffiti, loitering, lighting, and signage. Planning Services staff also recommended conditions of approval to address property maintenance deficiencies related to boarded up windows, landscaping, and signage. The proposed expansion within the existing commercial retail center would allow the applicant to maintain their existing customer base and allow the applicant to add a larger seating area to better DEVELOPMENT APPLICATION NO. 2023-00009 June 5, 2023 Page 6 of 7 serve patrons. Based on staff’s review and the conditions of approval proposed for this permit, staff supports the request. Staff received one email in opposition to the proposed expansion. This email is included at Attachment 6 to the staff report. Parking: The commercial retail center is within one-half mile of a major transit stop and is therefore subject to California Assembly Bill 2097 (Government Code Section 65863.2), which prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project that is located within 1/2 mile of public transit, as defined in Section 21155 of the Public Resources Code. Accordingly, no further parking analysis is required. However, the applicant submitted parking counts based on existing operations of businesses within the center indicating that adequate parking is provided. Additionally, staff conducted multiple site inspections at various days and times, and no parking deficiencies were observed. The applicant also indicated that vast majority of their customers come from the Anaheim Resort area and do not drive or arrive by ride-share vehicles. The site contains 25 on-site parking spaces, and no changes to the site plan are proposed. Environmental Impact Analysis: Staff recommends that the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). The Class 1 exemption consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of the use beyond that existing at the ti me of this determination. The proposed project is within an existing commercial building and includes interior improvements. The proposal does not include any physical changes to the building or the property that would result in a significant impact on the environment. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. CONCLUSION: Subject to the recommended conditions of approval, staff believes that the proposed expansion of the bar would be compatible with the surrounding uses, would not be detrimental to either the particular area or health and safety of the community, Therefore, staff recommends that the Planning Commission adopt the draft conditional use permit resolution (Attachment No. 1) and the recommended conditions of approval contained therein. Prepared by, Submitted by, Nick Taylor, AICP Scott Koehm, AICP Senior Planner Principal Planner Attachments: DEVELOPMENT APPLICATION NO. 2023-00009 June 5, 2023 Page 7 of 7 1. Draft Conditional Use Permit Resolution 2. Applicant Letter of Request 3. Police Department Memo 4. Project Plans 5. Aerial and Vicinity Maps 6. Correspondence