Resolution-PC 2024-001RESOLUTION NO. PC2024-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO 2010-05506A TO PERMIT AN OUTDOOR BAR
AND PATIO FOR ON -SITE SALES AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AND APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON -SITE
CONSUMPTION AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2023-00019)
(412 AND 440 SOUTH ANAHEIM BOULEVARD AND 235 EAST CENTER STREET)
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. 2010-05506A to permit an outdoor bar and patio for on -site sales and consumption of alcoholic
beverages within an outdoor market place and a request to approve a Determination of Public
Convenience or Necessity to permit the sale of alcoholic beverages for on -site consumption (Type
48 On -Sale General - Public Premise) (the "Proposed Project"), on certain real property located at
412 and 440 South Anaheim Boulevard, with off -site parking at 235 East Center Street 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 consists of three separate parcels and is approximately 2.9-
acres in area. The property at 412 South Anaheim Boulevard is developed as an outdoor
marketplace with two existing full -service restaurants. The property at 440 South Anaheim
Boulevard is developed with a commercial retail center. The property at 235 East Center Street is
developed with a parking structure. The property at 412 South Anaheim Boulevard is designated
for Mixed -Use High land uses in the General Plan. This property is also located in the "I"
Industrial Zone and is subject to the development standards and regulations of Chapter 18.10
(Industrial Zone) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, Alcoholic Beverage Sales — On -Sale uses require a conditional use permit
subject to the approval by the Planning Commission pursuant to Subsection .010 (Primary Uses)
of Section 18.10.030 (Uses) and a determination of public convenience or necessity in conjunction
with an application that requires Planning Commission action is subject to review and approval by
the Planning Commission pursuant to Section 18.60.220 (c) of Chapter 18.60 (Procedures); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 3, 2024, 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 fords that the effects of the Proposed Project are
Exempt from the requirements to prepare additional environmental documentation per CEQA
Guidelines, Section 15301, Class 1 (Existing Facilities). The Class 1 Exemption consists of the
permitted and licensing of private structures involving negligible expansion of use. The project
includes the installation of a Spartan trailer to be repurposed into an outdoor bar and the conversion
of an open space area into an outdoor bar and patio. This request will not affect the adjoining land
uses, is not anticipated to cause any detriment to the health and safety of the particular area and
would not impose an undue burden upon the roadways. There are no unusual circumstances with
respect to the proposed project for which staff would anticipate a significant effect on the
environment and, therefore, the proposed project is 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 facts:
1. The Proposed Project is an allowable use within the "I" Industrial Zone under
Section 18.010.030 (Uses) of the Code, subject to approval of a conditional use permit for
Alcoholic Beverage Sales — On -Sale.
2. The Proposed Project, as conditioned herein, would not adversely affect the
adjoining land uses, or the growth and development of the area because the Proposed Project
consists of the installation of a Spartan trailer to be repurposed into an outdoor bar and the
conversion of an open space area into an outdoor bar and patio. The proposed use would be
compatible and complementary to the existing uses in the vicinity. Access to the site is being
maintained with no expansion of the existing footprint of the site.
3. The size and shape of the Property are adequate to allow the full operation of the
Proposed Project in a manner not detrimental to either the particular area or to the health and safety
of the public because the commercial site can accommodate all operations and provide the required
parking, vehicle access, and circulation without creating detrimental effects on adjacent properties.
The proposed outdoor bar will continue to operate similarly to that of the existing uses in Farmer's
Park and the adjacent Packing House.
4. The traffic generated by the Proposed Project would not impose an undue burden upon
the streets and highways, as they are designed and improved to carry the anticipated traffic
generated by the Proposed Project. A parking study was approved in September 2011 for the
expansion of Famer's Park. The parking study determined that a total of 212 parking spaces would
be needed to accommodate all the existing uses. The required parking spaces are provided in a
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combination of on -site spaces and off -site parking agreements. The new outdoor bar would require
an additional 35 parking spaces. These additional 35 parking spaces would be located at 235 East
Center Street and secured through an off -site parking agreement. In addition, fire truck and
emergency service access would remain and not be altered, and sanitation service was deemed
adequate by the Public Works Streets - Operations Division. Based on the above data, the traffic
generated by the proposed uses would not impose an undue burden on streets and highways in the
area.
5. The granting of the conditional use permit amendment would not be detrimental to
the health and safety of the citizens of the City of Anaheim because the Proposed Project would
operate with limited hours of operations and require training for managers and employees to
protect the patrons on the subject property which is compatible with the existing uses in the
surrounding area, subject to compliance with the conditions contained herein; 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 Determination of Public Convenience or Necessity for
Development Application No. 2023-00019, does find and determine the following facts:
1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities to the Planning Commission relating to the
determination of "Public Convenience or Necessity" on those certain applications requiring that
such determination be made by the local governing body pursuant to applicable provisions of the
Business and Professions Code, and prior to the issuance of a license by the Department of
Alcoholic Beverage Control ("ABC").
2. Section 23958 of the Business and Professions Code provides that the ABC shall
deny an application for a license if issuance of that license would tend to create a law enforcement
problem, or if issuance would result in or add to an "undue concentration" of licenses, except when
an applicant has demonstrated that "public convenience or necessity" would be served by the
issuance of a license. For purposes of Section 23958.4, "undue concentration" means the case in
which the Property is located in an area where any of the following conditions exist:
(a) The Property is located in a crime reporting district that has a 140 percent
greater number of reported crimes than the average number of "reported crimes" (as defined in
Section 23958.4), as determined from all crime reporting districts within the City of Anaheim.
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(b) As to on -sale retail license applications, the ratio of on -sale retail licenses
to population in the census tract or census division in which the Property is located exceeds the
ratio of on -sale retail licenses to population in the county in which the applicant premises are
located.
(c) As to off -sale retail license applications, the ratio of off -sale retail licenses
to population in the census tract or census division in which the Property is located exceeds the
ratio of off -sale retail licenses to population in the county.
3. Notwithstanding the existence of the above -referenced conditions, ABC may issue
a license if the Planning Commission determines that the "public convenience or necessity" would
be served by the issuance.
4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to
make recommendations related to "public convenience or necessity" determinations; and, when
the sale of alcoholic beverages for on -premises consumption is permitted by the Code, said
recommendations shall take the form of conditions of approval to be imposed on the determination
in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect
any adjoining land use or the growth and development of the surrounding area.
5. The Property is in Census Tract Number 873.02, which has a population of 6,021
persons. This population allows for seven on -sale Alcoholic Beverage Control licenses, and there
are presently 29 licenses in the tract. The property is within Police Reporting District 1625, which
is 140% above the City average for crime. Within 2022 the Police Department collected 393
incident reports for theft, motor vehicle theft and vandalism. Because the number of on -sale
licenses exceeds the ratio of on -sale licenses to population in the census tract, and the crime rate
is above the City average, a determination of "public convenience or necessity" is required.
6. The request to permit alcoholic beverage sales for on -premises consumption in
conjunction with an outdoor bar and patio subject to the conditions of approval imposed will not
be detrimental to the health and safety of the citizens of Anaheim, would not adversely affect the
surrounding land uses and the growth and development of the area in which it is proposed and will
provide an added convenience to the immediate neighborhood consistent with other similar to
other bars in the City. Conditions imposed on the Proposed Project will ensure that potential
nuisances associated with the proposed use will be minimized, and the use would be compatible
to surrounding land uses.
- 4 - PC2024-001
7. The determination of "Public Convenience or Necessity" can be made based on the
finding that the license requested is consistent with the Planning Commission guidelines for such
determinations and further that the granting of the determination of Public Convenience or
Necessity, under the conditions imposed, will not be detrimental to the health and safety of the
citizens of the City of Anaheim; and
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 this conditional use permit,
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 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 of Permit
Approval) and 18.60.200 (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 January 3, 2024. 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.
e,�?...-L
CHAIRPERSON, PLANNING,CO MISSION
OF THE CITY OF ANAHElM----]
ATTEST-
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SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2024-001
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EXHIBIT "A"
DEV NO. 2023-00019
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
PC2024-001
EXIIIBIT "B"
CONDITIONAL USE PERMIT
DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY
(DEV2023-00019)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO BUILDING PERMIT ISSUANCE
All current (2022) CBC and CFC requirements shall be Anaheim Fire and Rescue
1 followed for permit issuance. Any fire permits which include Department
fire sprinklers, fire alarm, etc. shall be submitted directly to
Anaheim Fire Prevention Division.
OPERATIONAL
2
The business shall be operated in accordance with the Letter of
Planning and Building
Request and Statement of Operations submitted as part of this
Department,
application. Any changes to the business operation, as described
Planning Services Division
in that document, shall be subject to review and approval by the
Planning Director to determine substantial conformance with the
Letter of Request and Justification Letter and to ensure
comp atibilin with the surrounding uses.
3
Prior to commencement of operation of the land use, the
Planning and Building
owner/operator shall enter into an offsite parking agreement with
Department,
the City of Anaheim — Economic Development Department
Planning Services Division
approved as to form by the City Attorney's Office for 35-
required parking spaces located at the parking structure at 235
East Center Street or an alternative site, in close proximity to 235
East Center Street, and approved by the Director of Economic
Development.
4
The owner/operator shall install Closed Circuit Television
Police Department
(CCTV) security cameras in the interior and/or 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 bein,= deleted or recorded over.
5
If an alarm system is installed, complete an Alarm Permit with
Police Department
the Anaheim Police Department on-line prior to initial alarm
activation and keep the reAstration up to date.
PC2024-001
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
All security officers provided shall comply with all State and
Police Department
Local ordinances regulating their services, including, without
limitation, Chapter 11.5 of Division 3 of the California Business
and Profession Code.
7
Security measures shall be provided as deemed necessary by the
Police Department
Chief of Police or his/her designee.
Police Department
8
Identification cards will be checked to verify patrons are 21
years or older to enter the bar area.
9
No one under the age of 21 shall be allowed inside the designated
Police Department
bar area at any time. Signs shall be posted at the front door
statin>?, "No one under the age of 21 allowed."
10
The exterior of the trailer bar shall be illuminated during all
Police Department
hours of darkness.
I 1
The owner/operator shall be responsible for maintaining the area
Police Department
free of litter free of litter, the area adjacent to the premises over
which the• have control, i.e., landsca setback.
12
Any graffiti painted or marked upon the premises or on any
Police Department
adjacent area under the control of the licensee shall be removed
or painted over within 24 hours.
13
The owner/operator shall police the area under their control in
Police Department
an effort to prevent the loitering of persons around the premises.
14
There shall be no exterior advertising or sign of any kind or type,
Police Department
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.
15
The business shall not be operated in such a way as to be
Police Department
detrimental to the public health, safety, or welfare.
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 plans, scheme, or conspiracy. (Section
24200.5 Alcoholic Beverage Contract Act
17
The sale of alcoholic beverages for consumption off the premises
Police Department
is strictly prohibited.
18
` There shall be no bottle service of wine or distilled spirits.
Police Department
PC2024-001
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
19
All employees and patrons shall be clothed in such a way as to
Police Department
not expose "specified anatomical areas" as explained in
Anaheim Municipal Code 7.16.060.
20
There shall be no requirement to purchase a minimum number
Police Department
of drinks.
21
Signs shall be posted at all exits stating, "No alcohol beyond this
Police Department
point."
22
Managers/Owners shall contact the Department of Alcoholic
Police Department
Beverage Control and obtain LEAD (Licensee Education on
Alcohol and Drugs Program), RBS, or similar certificate training
for themselves and register employees.
23
The last call for alcohol shall be 30 minutes before closing,
Police Department
hence 9:30 PM.
24
There shall be no amplified music within the outdoor bar and
Planning and Building
patio area.
Department,
Plannin Services Division
GENERAL
25 In addition to the conditions outlined in this resolution, all Planning and Building
conditions of approval pursuant to Planning Commission Department,
Resolution No. PC2011-074 shall apply. Planning Services Division
26
A maximum of three (3) alcoholic beverage licenses shall be
Planning and Building
permitted within the Farmer's Park establishment. Two of the
Department,
alcoholic beverage licenses shall be for on -premises
Planning Services Division
consumption only in conjunction with a bonafide eating
establishment, and one alcoholic beverage license shall be for
on -sale general fora public premise.
27
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"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, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorn s' fees and other
PC2024-001
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
28
The premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant, which plans are on file with the Planning
Planning Services Division
Department, and as conditioned herein.
29
Conditions of approval related to each of the timing milestones
Planning and Building
above shall be prominently displayed by the applicant on plans
Department,
submitted for permits. For example, conditions of approval that
Planning Services Division
are required to be complied with prior to the issuance of
building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and
electrical plans, landscape irrigation plans, security plans, parks
and trail plans, and fire and life safety 2lans, etc.
30
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 30 days of the issuance of the final invoice or prior to the
Planning Services Division
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 a plication.
PC2024-001
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 January 3, 2024, by the following vote of the members
thereof:
AYES: Chair Kring, Vice Chair Henninger, and Commissioners Castro, Lieberman, Perez,
Tran-Martin, and Walker.
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 3' day of January 2024.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2024-001