RES-2010-206 RESOLUTION NO. 2010- 206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 2010 - 05518.
(DEV2010- 00128)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2010-
05518 and Determination of Public Convenience or Necessity No. 2010 -00071 to permit the
expansion of an existing legal non - conforming bar with a Type 48 Alcoholic Beverage Control
License (On -Sale General for Public Premises), for that certain real property located at 2162
West Lincoln Avenue, in the City of Anaheim, County of Orange, State of California, as more
particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference (the
"subject property "); and
WHEREAS, the subject property is currently developed with a commercial
building containing a bar, located in the C -G (BCC) (General Commercial; Brookhurst
Commercial Corridor Overlay) Zone and the Anaheim General Plan designates this property for
General Commercial land uses; and
WHEREAS, pursuant to section 18.22.080 of the Anaheim Municipal Code, bars
and cocktail lounges are a prohibited use within the BCC Overlay Zone; and
WHEREAS, subsection .020 of Section 18.22.040 of the Anaheim Municipal
Code does not permit the expansion of a legally created use that was in existence as of the date
Chapter 18.22 was adopted (April 6, 1999), and that is prohibited by Chapter 18.22; and
WHEREAS, in conjunction with the Petition for Conditional Use Permit No.
2010 -05518 and Determination of Public Convenience or Necessity No. 2010 - 00071, the
applicant has requested an amendment to subsection .020 of Section 18.22.040 of the Anaheim
Municipal Code to permit the expansion of a legal nonconforming use subject to the approval of
a conditional use permit in accordance with the provisions of Chapter 18.66; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 13, 2010, 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 the Anaheim
Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said
proposed conditional use permit and to investigate and make findings and recommendations in
connection therewith; 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, did adopt its Resolution No. PC2010 -093 denying Conditional Use
Permit No. 2010 - 05518; and
WHEREAS, within the time prescribed by law, the applicant or an interested
party or parties did appeal said Planning Commission decision to the Anaheim City Council; and
WHEREAS, thereafter, the City Council did set the matter for a de novo hearing,
which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did hold and conduct such public hearing and did give all persons interested therein an
opportunity to be heard, and did receive evidence and reports, and did consider the same; and
WHEREAS, after careful consideration of the recommendations of the Planning
Commission and all additional evidence and reports offered at said public hearing before the City
Council, the City Council does hereby find and determine, with respect to said conditional use
permit that all of the conditions and criteria set forth in the Anaheim Municipal Code are present
as follows:
1. Pursuant to section 18.22.080 of the Anaheim Municipal Code, bars and
cocktail lounges are a prohibited use within the BCC Overlay Zone.
2. Subsection .020 of Section 18.22.040 of the Anaheim Municipal Code does
not permit the expansion of a legally created use that was in existence as of the date Chapter
18.22 was adopted (April 6, 1999), and that is prohibited by Chapter 18.22.
3. In conjunction with the Petition for Conditional Use Permit No. 2010 -05518
and Determination of Public Convenience or Necessity No. 2010- 00071, the applicant has
requested an amendment to subsection .020 of Section 18.22.040 of the Anaheim Municipal
Code that would allow the expansion of a legal nonconforming bar and certain other
nonconforming uses subject to the approval of a conditional use pen in accordance with the
provisions of Chapter 18.66.
4. The proposed use is properly one for which a conditional use permit is
authorized by subsection .020 of Section 18.22.040 of the Anaheim Municipal Code, as proposed
for amendment.
5. 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.
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6. 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.
7. The traffic generated by the proposed use 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.
8. The granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, the City Council has reviewed the Project Actions and does find and
determine that the proposed project falls within the definition of Categorical Exemptions, Section
15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore,
exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the City Council, for the reasons
hereinabove stated does hereby grant Conditional Use Permit No. 2010 -05518 to permit the
expansion of an existing legal non - conforming bar with a Type 48 Alcoholic Beverage Control
License (On -Sale General for Public Premises).
BE IT FURTHER RESOLVED that the City Council does hereby grant Conditional
Use Permit No. 2010 -05518 subject to the conditions of approval as stated in Exhibit "B" attached
hereto and incorporated herein by this reference, which conditions are hereby found to be a
necessary prerequisite to the proposed use of the subject property 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
Anaheim Municipal 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(s), (ii) the modification complies with
the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED that Conditional Use Permit No. 2010 -05518 is
hereby approved subject to the approval of Zoning Code Amendment No. 2010- 00092, now
pending.
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- hiitiated Revocation or Modification of Pen of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the City Council 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 conditions, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
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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 Anaheim Zoning 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval
of this application.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 1 6th day of November , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Kring
NOES: Council Member Galloway
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By: dmod/
MAYOR OF THE ITY F ANAHEIM
ATTEST:
414 / . _ e.
CITY CL RK OF THE CITY OF AHEIM
80231.v1 /MGordon
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EXHIBIT "A"
DEV2010 -00128
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EXHIBIT "B"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 2010-05518
SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
GENERAL
1 The business shall be equipped with an alarm system (silent or Police Department
audible).
2 If a new alarm system is installed in conjunction with the Police Department
proposed expansion, the business owner shall complete a
Burglary /Robbery Alarm Permit application, Form APD 516,
and return it to the Police Department prior to initial alarm
activation. This form is available at the Police Department
front counter, or it can be downloaded from the following web
site: http: / /www.anaheim.net /article.asp ?id =678
3 Address numbers shall be positioned so as to be readily Police Department
readable from the street. Numbers should be visible during
hours of darkness.
4 Rear entrance doors shall be numbered in the same address Police Department
numbers or suite number of the business. Minimum height of
4" recommended. The rear doors of the premises shall be
equipped on the inside with an automatic locking device and
shall be closed at all times, and shall not be used as a means of
access by patrons to and from the licensed premises.
Temporary use of these doors for delivery of supplies does not
constitute a violation.
5 All exterior doors shall have adequate security hardware, e.g., Police Department
deadbolt locks. The locks shall be so constructed that both the
deadbolt and deadlocking latch can be retracted by a single
action of the inside doorknob /lever /turn piece.
6 Wide -angle peepholes or other viewing device shall be installed Police Department
in solid doors where natural surveillance is compromised.
7 Adequate lighting of parking lots, and grounds contiguous to Police Department
building shall be provided with lighting of sufficient wattage to
provide adequate illumination to 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
person, property and vehicles on -site.
8 The permitted event or activity shall not create sound levels that Police Department
violate any ordinance of the City of Anaheim. (Section
4.16.100.010 AMC)
•
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SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
9 There shall be no exterior advertising or sign of any kind or Police Department
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.
10 Security measures shall be provided to the satisfaction of the Police Department
Anaheim Police Department 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 neighborhood by excessive noise created by
patrons entering or leaving the premises.
12 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. (Section 4.16.070 Anaheim
Municipal Code.
11 The business shall not be operated in such a way as to be Police Department
detrimental to the public health, safety or welfare. (Section
4.16.100.010 Anaheim Municipal Code)
12 No one under the age of 21 shall be allowed on the premises Police Department
any time it is open for business.
13 There shall be no public telephones on the property that are Police Department
located outside the building and within the control of the
applicant.
14 The business shall not employ or permit any persons to solicit Police Department
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)
15 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 of being applied
16 The sale of alcoholic beverages for consumption off the Police Department
premises is strictly prohibited.
17 There shall be no admission fee, cover charge, nor minimum Police Department
purchase required.
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SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
18 Entertainment provided shall not be audible beyond the area Police Department
under the control of the licensee.
19 The petitioner(s) shall provide security personnel in the parking Police Department
lot and shall maintain order therein and prevent any activity
which would interfere with the quiet enjoyment of their
property by the nearby residents.
20 Trash pickup at the premises will be made no earlier than 7 a.m. Police Department
and no later than 10 p.m.
21 There shall be no live entertainment, DJ or amplified music Police Department
permitted on the premises at any time.
22 An automatic fire sprinkler system shall be designed, installed Fire Department
and maintained as required by the Fire Department.
23 The project shall be shown to comply with the requirements of Fire Department
an A2 occupancy in accordance with the 2007 CBC.
24 On -going during project operation, no required parking areas Traffic and
shall be fenced or otherwise enclosed for outdoor storage uses. Transportation
Division
25 Wheelstops shall be provided for the six parking stalls facing Traffic and
Lincoln Avenue to prevent parked vehicles from encroaching Transportation
over the sidewalk. Division
26 A designated loading and unloading area with minimum Traffic and
dimensions 12 feet by 20 feet (or otherwise approved by the Transportation
Traffic and Transportation Manager) per AMC Section Division
18.42.100 shall be provided.
27 A trash enclosure shall be provided as required by AMC Streets and
Section 18.08.110. Sanitation Division
28 No outdoor storage shall be permitted. Code Enforcement
29 The 3,695 square feet of storage as shown on the plans shall Code Enforcement
only be used for storage. No bar use or other licensed business
activities are allowed to take place in the area designated as
storage. This space may be used for other purposes; provided
that all code required parking has been met and any required
City pen are obtained.
30 The applicant shall obtain an Off -Site Parking Permit from the Planning
Planning Department prior to the issuance of a building permit.
The permit(s) shall ensure that code required parking is
provided for the bar use and any other uses on -site, as well as,
other uses on adjacent properties subject to the Off -Site Parking
Permit.
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SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
31 The parking lot shall be resurfaced and restriped in accordance Planning
with approved exhibits.
32 The entire street - facing building facade shall be refurbished Planning
prior to final occupancy of the expansion area. Plans for
refurbishment shall be submitted to the Planning Department
for review and approval prior to the issuance of a building
permit.
33 In order to ensure an adequate supply of parking, the expanded Planning
bar area shall only be utilized during those hours in which the
adjacent business to the west is closed, or parking adequate to
meet Code requirements is obtained through an Off -Site
Parking Agreement.
34 The applicant shall, to the extent feasible, install parking lot Planning
landscaping consistent with Code requirements.
35 Subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim
by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned
herein.
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