Resolution-PC 2011-074RESOLUTION NO. PC2011 -074
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05506
AND VARIANCE NO. 2010 -04816 AMENDING CONDITIONS OF APPROVAL
OF RESOLUTION NO. PC2010 -047
(TRACKING NOS. CUP2010- 05506A AND DEV2010- 00079A)
(406 SOUTH ANAHEIM BOULEVARD)
WHEREAS, on June 21, 2010, the Anaheim City Planning Commission
(hereinafter referred to as "Planning Commission "), by its Resolution No. PC2010 -048 did
approve Conditional Use Permit No. 2010 -05506 and Variance No. 2010 -04816 to permit an
outdoor marketplace with a front setback less than required by Code for that certain real property
located at 338 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of
California, as more particularly shown on Exhibit "A" attached hereto and incorporated herein
by this reference; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for an amendment to previously- approved Conditional Use Permit No. 2010 -05506 to
permit an outdoor marketplace with restaurants and outdoor dining, sale and on -site consumption
of alcoholic beverages, and outdoor entertainment; and
WHEREAS, the property is currently vacant and is located in the I (SABC)
(Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial District)
zone and the Anaheim General Plan designates the property for Mixed Use land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 26, 2011, 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, to hear and consider evidence for and against
the proposed amendment to said conditional use permit 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 with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The request to permit an outdoor marketplace with restaurants and alcoholic
beverage sales for on- premises consumption is properly one for which a conditional use perrnit is
authorized under Code Section No. 18.08.030.010 (Retail Sales — Outdoors; Alcoholic Beverage
Sales -On -Sale; Recreation- Commercial Outdoor; Restaurants -Semi Enclosed) of the Anaheim
Municipal Code.
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2. The proposed outdoor marketplace will not adversely affect the adjoining land
uses or the growth and development of the area in which it is proposed to be located because it
will be integrated into a new commercial retail district (Packing District) along a major arterial
highway within the Downtown area. This permit also contains conditions to limit the hours and
noise associated with any outdoor entertainment activity to ensure that adjacent residential uses
will not be adversely affected.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety of the citizens of Anaheim because the proposed marketplace will be located
adjacent to a major arterial highway within the Downtown area and integrated into a new
commercial retail district (Packing District). A parking demand study was prepared by the
City's independent parking and traffic consultant, Kimley Ham and Associates, Inc, and the
study concluded that a maximum demand of 212 spaces would be needed to accommodate all of
the combined uses. A total of 212 parking spaces on seven on and off -site parking lots will be
provided for the entire development project. Therefore, the proposed parking will be adequate to
accommodate the entire Packing District.
4. 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 because the traffic
generated by this use will not exceed the volume of traffic planned for the streets and highways
in the area.
5. 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 and will provide a
land use that is compatible with the surrounding area because the proposed use will be located
adjacent to a major arterial highway within the Downtown area and conditions will be imposed
to ensure that adjacent residential uses will not be adversely affected by any on -site activities.
WHEREAS the proposed project falls within the definition of Categorical
Exemptions, Section 15332, Class 32 (Infill Development Projects) as defined in the State
CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional
environmental documentation.
BE IT FURTHER RESOLVED that the Planning Commission, for the reasons
hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2011-
05506 (DEV2010- 00079A) to permit an outdoor marketplace with restaurants and outdoor
dining, sale and on -site consumption of alcoholic beverages, and outdoor entertainment.
BE II FURTHER RESOLVED that the Planning Commission does hereby
amend, in their entirety, the conditions of approval adopted in connection with Planning
Commission Resolution No. PC2010 -048, approving Conditional Use Permit No. 2010- 05506,
as previously amended, to read as stated in Exhibit "B" attached hereto and incorporated 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 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.
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BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. PC2010 -048, approving Conditional Use Permit No. 2010- 05506,
shall remain if full force and effect.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or 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 1 5.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 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 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 was adopted at the Planning Commission
meeting of September 26, 2011.
ATTEST:
)--). ' - 7
CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
1
SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on September 26, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT
IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of September, 2011.
SENIOR SECRETARY, ANAHEIM CIT ANNING COMMISSION
4 - PC2011 -074
APN: 037- 023 -10
037 - 023 -12
037 - 023 -14
251 - 084 -08
037 -023 -13
037 - 023 -11
}
DEV NO. 2010 -00005
EXHIBIT "A"
5
E 8 R
Source: Recorded Tract Maps andlor City GIS.
Please note the accuracy is +1- two to five feet.
PC2011 -074
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
The operation of this use is contingent upon the continued
availability of a minimum of 212 parking spaces as
recommended in the parking study prepared by Kimley Horn
Traffic Engineers dated September, 2011. Any proposed
modifications to the approved parking arrangement shall be
subject to the review and approval of Planning Department
and Public Works Departments.
Plannin
N
The gross sales of alcoholic beverages shall not exceed 40%
of gross sales of all retail sales during any three (3) month
period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcohol and
other items. These records shall be made available for
inspection by any City of Anaheim official during reasonable
business hours.
Police
3
There shall be no exterior advertising of any kind or type,
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic
beverages.
Police
4
Subject alcoholic beverage license shall not be exchanged for
a public premises (bar) type license nor shall the
establishment be operated as a public premise as defined in
Section 23039 of the California Business and Professions
Code.
Police
5
There shall be no entertainment, amplified music, or dancing
permitted on the premises at any time unless the proper
permits have been obtained from the City of Anaheim.
Police
6
Petitioner 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
7
There shall be no admission fee, cover charge, nor minimum
purchase required.
Police
8
Managers, owners, bar tenders, and waitresses need to call
Police
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05506
(DEV2010- 00079A)
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PC2011 -074
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PC2011 -074
the Department of Alcoholic Beverage Control and obtain
LEAD (Licensee Education on Alcohol and Drugs Program)
Training. The contact number is 714 - 558-4101.
9
The any permitted event or activity shall not create sound
levels, which violate any ordinance of the City of Anaheim
as described in Section 4.16.100.010 of the Anaheim
Municipal Code.
Police, Code
Enforcement
10
No person under 21 years of age shall sell or be permitted to
sell beer.
Police
11
There shall be no requirement to purchase a minimum
number of drinks.
Police
12
No required parking area shall be fenced -off or otherwise
enclosed for outdoor storage uses.
Code
Enforcement
13
The business is responsible for maintaining free of litter the
area adjacent to the premises over which they have control.
Code
Enforcement
14
Trash shall not be emptied into outside trash containers
between the hours of 10 p.m. to 7 a.m. daily.
Police, Code
Enforcement
15
Security measures shall be provided to the satisfaction of the
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.
Police
16
Any and 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. (Section 4.16.070 Anaheim
Municipal Code)
Police
17
Signs shall be posted in a prominent place at all exits of the
premises, stating "No Open Containers of Alcoholic
Beverages Beyond This Point."
Police
18
The hours of operation shall be limited to 10:00 p.m. each
day of the week, except in the summer for movie nights as
they may stay open until 11 p.m. The dispensing of alcohol
and any live entertainment shall terminate 30 minutes prior to
closing, in this case 9:30 p.m.
Police, Code
Enforcement
19
Persons serving alcohol cannot consume any alcoholic
beverages.
Police
20
No more than two alcoholic beverages may be purchased by
Police
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PC2011 -074
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PC2011 -074
any one person at any one time.
21
Non - alcoholic beverages must be available to persons in
attendance.
Police
22
Cup size for beer shall not exceed 16 ounces. Cup size for
wine shall not exceed 8 ounces.
Police
23
Signs shall be posted in a prominent place at all exits of the
premises, stating "No Open Containers of Alcoholic
Beverages Beyond This Point."
Police
24
Any or all outdoor entertainment shall not be visible from the
street.
Police
25
Roof - mounted equipment shall be screened from view in
accordance with the requirements of Anaheim Municipal
Code Section 18.38.170 pertaining to the I (SABC)
(Industrial; South Anaheim Boulevard Corridor Overlay,
Neighborhood Commercial District) zone.
Planning
26
The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of
graffiti within 24 hours from the time of discovery.
Code
Enforcement
27
Adequate lighting of parking lots, driveway, circulation
areas, aisles, passageways, recesses and grounds contiguous
to buildings 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 persons, property, and vehicles on -site.
Police
28
The location of a trash enclosure shall be provided in a
location acceptable to the Public Works Department, Streets
and Sanitation Division, and in accordance with approved
plans on file with said Department. Said information shall be
specifically shown on the plans submitted for building
permits.
Public
Works
29
A maximum of twelve (12) outdoor events shall be permitted
per year for any activities that include the sale and
consumption of alcoholic beverages. These twelve events shall
apply to both CUP2010 -05474 and CUP2010- 05506A permits
combined. Outdoor activities that include alcoholic beverage
consumption are subject to review and approval by all
applicable City departments. All accessory permits shall be
obtained as deemed necessary. The outdoor events shall
provide adequate security as required by the Police
Department. Alcoholic beverages may be sold, served or
Planning,
Police
8
PC2011 -074
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consumed only within the barricaded and /or enclosed patio
areas as indicated on the approved exhibits. Persons may not
take alcoholic beverages from the designated areas. The
applicant shall be responsible to ensure that no patron leaves
the common dining area with an open container of alcoholic
beverage. Security personnel and/or employees shall prevent
people from carrying alcoholic beverages outside the
designated areas. They shall also be responsible for checking
ID's to ensure patrons entering the designated areas are 21
years of age and over.
30
Amplified sound in connection with outdoor events shall not be
permitted after 10 p.m. seven days a week, with the exception
of outdoor movies shown during the months of May through
August, which may be permitted until 11 p.m. Any amplified
sound shall be audible to the audience only, and shall not cause
a disturbance to the adjacent residential neighborhoods.
Speakers used for amplified sound shall be directed away from
the residential properties to the east.
Police
31
A maximum of two (2) alcoholic beverage licenses shall be
permitted within the Marketplace establishment. These
alcoholic beverage licenses shall be for on- premises
consumption only in conjunction with a bonafide eating
establishment.
Planning
32
The property shall be developed substantially in accordance
with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 8
(Packing District development plans), and as conditioned
herein.
Planning
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