Attachment 1 - Draft Conditional Use Permit Resolution [DRAFT] ATTACHMENT NO. 1
PC2023-***
RESOLUTION NO. PC2023-***
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ANAHEIM APPROVING A CONDITIONAL
USE PERMIT AMENDMENT FOR THE EXPANSION OF AN
EXISTING BAR AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2023-00009)
(626-628 WEST ORANGEWOOD AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve an amendment to Conditional Use
Permit No. 1891 to expand an existing Bar (Type 48 On-Sale General – Public Premises
ABC License) (the "Proposed Project"), on certain real property located at 626-628 West
Orangewood Avenue in the City of Anaheim, County of Orange, State of California, as
generally depicted on Exhibit A attached hereto and incorporated herein by this reference
(the "Property"); and
WHEREAS, the Property is approximately 0.41 acres in area and is developed
with a five-unit Commercial Retail Center and a Bar. The Property is designated for
Medium Density Residential land uses in the Anaheim General Plan. The Property is in the
"C-G" General Commercial Zone and is subject to the development standards and
regulations of Chapter 18.08 (Commercial Zones) of the of the Anaheim Municipal Code
(the “Code”); and
WHEREAS, Bars & Nightclubs require a conditional use permit subject to the
approval by the Planning Commission pursuant to Subsection .040 of Section 18.08.030
(Uses); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 5, 2023 at 5:00 p.m. with 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 recommendation 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 CEQA Procedures, 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 effects of
the Proposed Project are Categorically Exempt from the requirements to prepare additional
- 2 - PC2023-***
environmental documentation per CEQA Guidelines, Section 15301 – Existing Facilities.
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, and operations will
be consistent with historic levels of operation on the Property. 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; 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 a conditional use permit, does find
and determine the following:
1. The Proposed Project is an allowable use within the "C-G" General
Commercial Zone under Section 18.08.030 (Uses) of the Code, subject to a conditional use
permit for Bars & Nightclubs.
2. The Proposed Project, as conditioned herein, would not adversely affect
the adjoining land uses or the growth and development of the area as the business has
operated in a tenant space in the same building for the past 29 years and will operate in a
manner consistent with the applicant’s existing operation and similar type uses. With
implementation of the conditions of approval, the Proposed Project will not adversely
affect the adjoining land uses, or the growth and development of the area in which it is
proposed to be located.
3. 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 as 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. The size and shape of the Property is adequate to
accommodate the proposed expansion of the existing Bar into an adjacent tenant space
within the existing Commercial Retail Center. The subject Commercial Retail Center
contains 25 on-site parking spaces and the subject Commercial Retail Center is within one-
half mile of public transit and is therefore subject to California Assembly Bill 2097
(Government Code Section 65863.2), which prohibits the City from imposing minimum
parking requirements on certain projects located within one-half mile of public transit.
4. The traffic generated by the proposed use would not impose an undue
burden on streets and highways in the area. It is not expected that the Proposed Project
would increase traffic from what currently exists with the existing Bar and commercial
uses.
5. The granting of the conditional use permit subject to the conditions of
approval will not be detrimental to the health and safety of the citizens of Anaheim because.
conditions imposed on the project will ensure that potential nuisances associated with the
proposed use will be minimized, and the use would be compatible with surrounding land
uses; and
- 3 - PC2023-***
WHEREAS, this 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 negate the findings made in this Resolution. This
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, pursuant to the above findings,
this Planning Commission does hereby approve the amendment to Conditional Use Permit
No. 1891, contingent upon and subject to 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 that portion of the Property for which the
conditional use permit is applicable 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 herein above 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 June 5, 2023. 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 - PC2023-***
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-***
PC2023-***
EXHIBIT “B”
DEVELOPMENT APPLICATION NO. 2023-00009
(DEV2023-00009)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO FINAL PLANNING & ZONING INSPECTIONS
1. Prior to final Planning & Zoning Inspections and prior to occupancy of
the expanded portion of the Bar, the property owner shall repair all
broken/boarded windows and doors, remove all trash and debris from
the alley, remove any weeds, and repair the existing pole sign and wall
signs (including, but not limited to, peeling letters and paint, graffiti, and
removing signage for tenants that are no longer in business).
Planning & Building
Department, Planning
Services Division
OPERATIONAL CONDITIONS
2. The business shall be operated in accordance with the Letter of
Request/Operations Letter submitted as part of this application. Any
changes to the business operation, as described in that document(s),
shall be subject to review and approval by the Planning and Building
Director to determine substantial conformance with the Letter of
Request/Operations Letter to ensure compatibility with the surrounding
uses.
Planning & Building
Department, Planning
Services Division
3. Any graffiti painted or marked upon the business premises or on any
adjacent area under the control of the business owner shall be removed
or painted over within 24 hours of being applied or discovered by the
business owner.
Planning & Building
Department, Code
Enforcement Division
Police Department
4. The owner/operator shall install Closed Circuit Television (CCTV)
security cameras in the interior and exterior of the business to promote
patron and business safety and the appearance of safety. Video
surveillance signs shall be posted notifying the patron.
CCTV monitors and recorders shall be secured in a separate locked
compartment to prevent theft of, or tampering with, the recording.
Recordings should be kept for a minimum of 30 days before being
deleted or recorded over.
Police Department
5. If an alarm system is installed, an Alarm Permit shall be completed with
the Anaheim Police Department on-line prior to initial alarm activation
and the registration shall be maintained and kept up to date.
Police Department
6. All 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.
Police Department
PC2023-***
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7. The owner/operator shall provide a security guard on Thursday, Friday,
Saturday, and Sunday between the hours of 8 PM to 2 AM.
Security guard(s) shall be provided 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
adjacent businesses.
Additional security measures shall be provided as deemed necessary by
the Chief of Police or his or her designee.
Police Department
8. Identification cards shall be checked at the door to verify patrons are 21
years or older prior to entering the bar.
Police Department
9. No one under the age of 21 shall be allowed inside the premises at any
time. Signs shall be posted at the front door stating, “No one under the
age of 21 allowed.”
Police Department
10. The exterior of the building and parking lot shall be illuminated during
all hours of darkness. Police Department
11. The owner/operator shall be responsible for maintaining free of litter,
the area adjacent to the premises over which they have control e.g.,
parking lot, landscape setback.
Police Department
12. 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.
Police Department
13. The owner/operator shall police the area under their control to prevent
the loitering of persons around the premises. Police Department
14. The owner/operator shall post and maintain a professional quality sign
facing the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE
SUBJECT TO ARREST
The sign shall be at least two feet square with two-inch block lettering.
The sign shall be in English and Spanish
Police Department
15. There shall be no exterior advertising or sign of any kind or type,
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.
Police Department
16. The business shall not be operated in such a way as to be detrimental to
the public health, safety, or welfare. Police Department
PC2023-***
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
17. The business shall not employ or permit any persons to solicit or
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)
Police Department
18. There shall be no entertainment, amplified music or dancing permitted
on the premise at any time unless the proper permits have been obtained
from the City of Anaheim.
Police Department
19. The sale of alcoholic beverages for consumption off the premises is
strictly prohibited. Police Department
20. There shall be no bottle service. Police Department
21. The owner/operator shall not share any profits or pay any 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.
Police Department
22. Doors shall remain closed at all times except in case of an emergency or
deliveries. Police Department
23. All employees and patrons shall be clothed in such a way as to not
expose "specified anatomical areas" as explained in Anaheim Municipal
Code 7.16.060.
Police Department
24. There shall be no requirement to purchase a minimum number of drinks. Police Department
25. Signs shall be posted at all exits stating, "No alcohol beyond this point." Police Department
26. There shall be no pay to play amusement machines or video game
devices maintained upon the premises at any time. Police Department
27. Managers/Owners shall contact the Department of Alcoholic Beverage
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
Program), RBS (Responsible Beverage Service), or similar certificate
training for themselves and register employees.
Police Department
28. Last call for alcohol shall be 1:30 AM and the establishment shall
discontinue operations at 2:00 AM. Police Department
GENERAL CONDITIONS OF APPROVAL
29. The Applicant shall defend, indemnify, and hold harmless the City 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,
Planning & Building
Department, Planning
Services Division
PC2023-***
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
30. The applicant is responsible for paying all charges related to the
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.
Planning & Building
Department, Planning
Services Division
31. The business premises shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim by the
petitioner, which plans are on file with the Planning Department, and as
conditioned herein.
Planning & Building
Department, Planning
Services Division
PC2023-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, 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 June 5, 2023, by the
following vote of the members thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of June 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM