RES-2010-207 RESOLUTION NO. 2010- 207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY NO. 2010-
00071.
(DEV2010- 00128)
WHEREAS, pursuant to applicable provisions of the Business and Professions
Code, the Department of Alcoholic Beverage Control (hereinafter the "Department ") is charged
with the responsibility of reviewing applications and issuance of licenses (hereinafter "license or
licenses ") for the sale and /or manufacture of alcoholic beverages in the State of California; and
WHEREAS, Section 23958 of the Business and Professions Code provides that
the Department 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 as provided in Section 23958.4 of said Business and Professions Code; and
WHEREAS, Section 23958.4 of the Business and Professions Code provides that,
notwithstanding the limitations of Section 23958, the Department shall issue a license if the
applicant shows that "public convenience or necessity" would be served by the issuance of such
license; and
WHEREAS, said Section 23958.4 further provides that the determination of
"public convenience or necessity" shall be made by the Department with regard to certain
applications, and shall be made by the local governing body of the area in which the applicant
premises are located with regard to certain other applications; and
WHEREAS, as a local governing body within the meaning of said Section
23958.4 of the Business and Professions Code, the Anaheim City Council (hereinafter the "City
Council ") has heretofore adopted its Resolution No. 95R -134 delegating determinations
regarding "public convenience or necessity" which determinations are otherwise within the
authority of the City Council to the Anaheim City Planning Commission (hereinafter the
"Planning Commission "), and establishing procedures for the processing of such determinations,
including the appeal of such determinations to the City Council, and providing for certain other
procedural matters concerning the review and issuance of such licenses by the Department; and
WHEREAS, the Planning Commission did receive an application for a
Determination of Public Convenience or Necessity to permit the sale of beer, wine and distilled
spirits for on- premises consumption pursuant to a Type 48 (On -Sale General for Public Premises)
Alcoholic Beverage Control ( "ABC ") License in conjunction with the expansion of an existing
legal non - conforming bar on 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; and
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WHEREAS, in conjunction with the Petition for Determination of Public
Convenience or Necessity No. 2010 -00071 and Conditional Use Permit No. 2010- 05518, 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 27, 2010, at 5:00 p.m., notice of said public hearing
having been duly given as required by Resolution No. 95R -134 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 determination of public convenience or necessity and to
investigate and make findings and recommendations in connection therewith; 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, did adopt its Resolution No. PC2010 -094 denying Determination of
Public Convenience or Necessity No. 2010- 00071; 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 that the public convenience or
necessity would be served by the approval of a Type 48 (On -Sale General for Public Premises)
ABC License to permit the sale beer, wine and distilled spirits in conjunction with the expansion
of an existing legal non- confonning bar, as requested by the applicant, for the following reasons:
1. The premises is currently developed with a commercial building containing a
bar that is about 1,460 square feet, and is located in the located in the C -G (BCC) (General
Commercial; Brookhurst Commercial Corridor Overlay) Zone of the City of Anaheim. The
applicant proposes to expand the bar to about 2,695 square feet.
2. Pursuant to section 18.22.080 of the Anaheim Municipal Code, bars and
cocktail lounges are a prohibited use within the BCC Overlay Zone.
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3. 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.
4. In conjunction with the Petition for Determination of Public Convenience or
Necessity No. 2010 -00071 and Conditional Use Permit No. 2010 - 05518, as described above, 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 permit in accordance with the
provisions of Chapter 18.66.
5. California state law requires the denial of an ABC 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 as provided in Section 23958.4 of the Business and
Professions Code.
6. The applicant premises is located in a crime reporting district in which
reported crimes are 20 percent or greater than the average number of reported crimes as
determined from all crime reporting districts within the City, i.e., a crime rate that is 128% above
the city average based on reported calls of service. The crime rate within a '/ mile radius of the
applicant premises is 235% above the citywide average. As to on -sale retail license applications,
nine (9) on -sale retail licenses currently exist within the census tract in which the applicant
premises is located and nine (9) such licenses are permitted, which includes the applicant's
existing business.
7. The expansion of the existing legal nonconforming use under the conditions
imposed will not adversely affect the adjoining land uses, or the growth and development of the
area in which it is proposed to be located.
8. 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.
9. 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.
10. The granting of the license under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim or increase the number
of on -sale retail licenses within the census tract.
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.
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NOW, THEREFORE, BE IT RESOLVED that the City Council, for the reasons
hereinabove stated, does hereby find and determine that the public convenience or necessity
would be served by the approval of said license, which is hereby approved, subject to the
conditions of approval described 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 subject
property in order to preserve the 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 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 set forth in Exhibit "B." Should any such conditions, 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 Anaheim Municipal
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 this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations 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 Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that this application is granted subject to the
approval of Zoning Code Amendment No. 2010 - 00092, now pending
BE IT FURTHER RESOLVED that the business owner 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 delays in the issuance of
required permits or the revocation of the approval of this application
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 16th 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 AN EIM
By:
MAYOR OF THE TY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
80232.v1 /MGordon
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EXHIBIT "A"
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EXHIBIT "B"
CONDITIONS OF APPROVAL
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00071
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.
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SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
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)
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)
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SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
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.
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
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SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
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 permits 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.
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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