Resolution-PC 2012-006RESOLUTION NO. PC2012 -006
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING, IN PART, CONDITIONAL USE PERMIT NO. 2011-05586
(DEV2011- 00138)
(121 — 295 WEST CENTER STREET PROMENADE)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission ") did receive a verified petition for a conditional use permit to establish
eight restaurants and a barbershop, to include outdoor dining, the sale of alcoholic beverages for
on -site consumption, and indoor and outdoor entertainment within the ground floor retail spaces
of the mixed use buildings in Downtown Anaheim, for those certain real properties located at
121 — 295 West Center Street Promenade 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 properties are currently developed with six story parking
structures with retail spaces on the ground floor and are located in the C -G (DMU Overlay) zone;
the Anaheim General Plan designates the property for Mixed Use land uses; and
WHEREAS, the Planning Commission did schedule a public hearing at the
Civic Center in the City of Anaheim on January 30, 2012, 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 the Commission continued this item for
two weeks to the February 13, 2012 meeting; 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 restaurants, alcoholic beverage sales for on- premises
consumption, and entertainment is properly one for which a conditional use permit is authorized
under Code Section Nos. 18.08.030.010 and 18.38.220.020.0206 (Alcoholic Beverage Sales -On-
Sale; Recreation- Commercial Outdoor; Restaurants -Semi Enclosed) of the Anaheim Municipal
Code.
2. The proposed restaurants 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 existing ground floor retail units within the Downtown area. This permit also
contains conditions to prohibit any outdoor entertainment activity, with one exception, to ensure
that adjacent residential uses will not be adversely affected.
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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 restaurants will be integrated
into a existing ground floor retail units within the Downtown area. The restaurants require 54
parking spaces. The remaining ground floor retail spaces owned by the applicant require 31
spaces, for a total of 85 required spaces. A total of 1,416 spaces are provided within the two
parking structures above the restaurants and 2,254 remaining spaces are available in six other
parking facilities within the downtown area, all of which are owned by the Redevelopment
Agency. These Agency -owned structures are used to accommodate parking for various uses
within the downtown mixed use development area. There are also 64 time - restricted spaces
available for the retail customers on Center Street Promenade, which is a private street.
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
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 15301, Class 1 (Existing Facilities) 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, in part, Conditional Use Permit No. 2011 -05586
(DEV2011- 00138) to permit eight restaurants and a barbershop, to include outdoor dining, the
sale of alcoholic beverages for on -site consumption, and indoor and outdoor entertainment
within the ground floor retail spaces of the mixed use buildings in Downtown Anaheim.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, Conditional Use Permit No. 2011- 05586, denying the request for
outdoor entertainment, except in one area, 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 (1) 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.
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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 18.60.200 (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 RES LUTION was adopted at the Planning Commission
meeting of February 13, 2012. `
A 11EST:
CHAIRMAN, ANAHEIM CI ANNING COMMISSION
SENIOR SEC TARY, ANAHEIM CITY PLANNING COMMISSION
3 - PC2012 -006
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 February 13, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of February, 2012.
SENIOR SEC TARY, ANAHEIM CITY PLANNING COMMISSION
4 - PC2012 -006
EXHIBIT "A"
DEV NO. 2011 -00138
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Source. Recorded Tract Maps and/or City GIS
Please note the accuracy is ±1- two to five feet
5
PC2012 -006
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
At all times when the restaurants are open for business, the
premise shall be maintained as a bona fide eating
establishment and shall provide a menu containing an
assortment of foods normally offered in such restaurant.
Police
2
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
The sale of alcoholic beverages for consumption off the
premises shall be prohibited.
Police
4
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
5
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
6
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
7
The number of persons attending the event shall not exceed
the maximum occupancy load as determined by the Anaheim
Fire Department. Signs indicating the occupant load shall be
posted in a conspicuous place on an approved sign near the
main exit from the room.
Police,
Fire
8
At all times that entertainment is permitted, except during
times of entry or exit, emergencies, and deliveries, the doors
shall remain closed.
Police,
Fire
-
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05586
(DEV2011- 00138)
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PC2012 -006
9
All employees shall be clothed in such a way as to not expose
"specified anatomical areas" as described in Section 7.16.060
of the Anaheim Municipal Code.
Police
10
Any violation of the application or conditions of approval
shall be sufficient grounds to revoke the permit.
Police,
Code
Enforcement
11
The business 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
12
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.
Police
13
There shall be no admission fee, cover charge, nor minimum
purchase required.
Police
14
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
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
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
18
A maximum of nine (9) alcoholic beverage licenses shall be
permitted within the nine subject ground floor retail spaces
Planning
7
PC2012 -006
8 PC2012 -006
only, as shown on Exhibit Nos. 1 and 2. These alcoholic
beverage licenses shall be for on- premises consumption only in
conjunction with a bonafide eating establishment.
19
Outdoor entertainment shall be prohibited with the exception
of non- amplified music at 185, 201(A -D), and 209 -213 West
Center Street Promenade. Outdoor entertainment shall cease
at 10:00 p.m., and shall not include more than three musical
instruments and vocalists at each venue. In the event the City
receives complaints regarding noise generated by the outdoor
entertainment, the Planning Director may revise hours of
outdoor entertainment, reduce the number of permitted
instruments or vocalists, or otherwise limit the entertainment
without need to revise this conditional use permit.
Police,
Code
Enforcement
• •
20
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, 2, and 3,
and as conditioned herein.
Planning
8 PC2012 -006