Resolution-PC 2013-030RESOLUTION NO. PC2013 -030
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2013 -05654 AND DETERMINING
PUBLIC CONVENIENCE OR NECESSITY NO. 2013 -00095
FOR A TYPE 69 ALCOHOLIC BEVERAGE CONTROL LICENSE
(DEV2013- 00005)
(5522 -5524 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the
"Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013-
05654, pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code "), and for a
Determination of Public Convenience or Necessity No. 2013- 00095, to permit a live
performance theater located at 5522 -5524 East La Palma Avenue in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as
Exhibit A (the "Property "). Conditional Use Permit No. 2013 -05654 and Public Convenience or
Necessity No. 2013 -00095 may sometimes be referred to collectively as the "proposed Project ";
and
WHEREAS, the Property is currently developed with a four - building industrial park; the
zoning is Northeast Area Specific Plan, Development Area 2 (SP94 -1, DA2); and the Anaheim
General Plan designates the Property for Office -Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 25, 2013 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 Chapter 18.60 of the
Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2013 -05654 and Public Convenience or Necessity No. 2013 - 00095, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the proposed Project is within that class of projects which consist of the
repair, maintenance, and/or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed Project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA.
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 pertaining to the request for Conditional Use Permit No. 2013 - 05654, does find and
determine the following facts:
1. The request to permit a live performance theater is properly one for which a
conditional use permit is authorized under Section 18.66.040.020.0202 (Unlisted Uses) of the
Code.
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2. The request to allow the proposed live performance theater would not adversely
affect the surrounding land uses and the growth and development of the area because the use
would be compatible with the surrounding industrial uses.
3. The size and shape of the Property is adequate to allow the full operation of the
existing and proposed use in a manner not detrimental to the particular area or to the health,
safety and general welfare of the public because sufficient parking will be provided to
accommodate the live performance theater.
4. The traffic generated by the business would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the site is
designed to provide multiple points of access to the subject business.
5. Granting Conditional Use Permit No. 2013 -05654 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.
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 pertaining to the request for Public Convenience or Necessity No. 2013 - 00095, 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.
3. California State law requires a determination of Public Convenience or Necessity
when property is located in a reporting district that has a crime rate above the average and has an
over - concentration of licenses.
4. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to
make recommendations related to the public convenience or necessity determinations; and 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.
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5. The Property is located within Census Tract 218.13 with a population that allows
for no off -sale ABC licenses. There are presently three licenses in the tract. In addition, no on-
sale licenses are allowed and nine presently exist in the tract. The Anaheim Police Department
evaluates these requests based on the crime rate within a one - quarter mile radius for the subject
site. The proposed location is located in Police Reporting District No. 1239, which has a crime
rate that is below the city -wide average and the crime rate within 1 /a mile of this Property is also
below the city -wide average based upon calls for service. Since there is an overconcentration in
the number of ABC licenses within this census tract, a determination of public convenience or
necessity is required for this request.
6. A determination of Public Convenience or Necessity can be made based on the
finding that the sale and consumption of alcoholic beverages pursuant to a Type 69 ABC license,
under the conditions imposed, will not be detrimental to the health and safety of the citizens of
the City of Anaheim as the sale of alcoholic beverages for on- premises consumption is ancillary
to the proposed theater and would serve as an added convenience to residents and visitors to the
area who choose to patronize this establishment.
BE IT RESOLVED that the Planning Commission does hereby approve
Conditional Use Permit No. 2013 -05654 and Public Convenience or Necessity No. 2013 -00095
and determines that the public convenience or necessity will be served by the issuance of a Type
69 ABC license (Special On -Sale Beer and Wine Theater) for the Property, 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 in order to preserve the health, safety and general welfare of the citizens of the City of
Anaheim. Extensions for further time to complete the conditions of approval set forth in Exhibit
B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2013 -05654 and Public
Convenience or Necessity No. 2013 -00095 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 approval of Conditional Use Permit No. 2013 -05654
and Public Convenience or Necessity No. 2013 -00095 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.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 25, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
CHAIR, ANAHEIM CITY ftt NING COMMISSION
ATTEST:
STKI)R. SEC �ARY, �ARAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF ANAHEI
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 March 25, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWALJAEBERMAN
IN WITNESS WHEREOF, 25 h, 2013.
have hereunto set my hand this 25 day of Marc
SE NIOR SE —�kETARy, ANAHEI CITY PLANNING COMMISSION
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EXHIBIT '?A#'
DEV NO. 2013-00005
APN: 346-451-31
E LA PAIMA A%Ir
Source ' Recorded Tract Maps and/or City CIS.
Please note the accuracy is +I- two to five feet.
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2013-05654 AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00095
(DEV2013- 00005)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR
TO THE COMMENCEMENT OF THE BUSINESS
1
Due to the change in the use and/or occupancy of the building, plans shall be
Planning
submitted to the Building Division showing compliance with the minimum
Department,
standards of the City of Anaheim, including all applicable building codes as
Building
adopted by the City. The appropriate permits shall be obtained for any
Division
necessary work.
2
The property owner shall submit a letter to the Planning Department
Planning
requesting the termination of Conditional Use Permit No. 4094.
Department,
Planning
Services
Division
3
Security measures shall be provided to the satisfaction of the Anaheim Police
Police
Department to Police Department deter unlawful conduct of employees and
Department
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.
4
The parking lot shall be equipped with lighting of sufficient power to
Police
illuminate and make easily discernible the appearance and conduct of all
Department
persons on or about the parking lot.
GENERAL
5
The performances shall be limited to theatrical dramas, comedies, musicals
Planning
and plays; and that activities at this business shall not trigger a requirement for
Department,
a sex - oriented business permit, as set forth in Chapter 18.54 of the Anaheim
Planning
Municipal Code.
Services
6
The maximum number of patrons and seats shall be limited to 150.
Planning
Department,
Planning
Services
7
There shall be no exterior advertising or sign of any kind or type, including
Police
advertising directed Police Department to the exterior from within, promoting
Department
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.
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8
Any and all security officers provided shall comply with all State and Local
Police
ordinances regulating their Police Department services, including, without
Department
limitation, Chapter 11.5 of Division 3 of the California Business and
Profession Code. (Section 4.16.070 Anaheim Municipal Code).
9
Applicant shall not share any profits, or pay any percentage or commission to
Police
a promoter or any other person, based upon monies collected as a door charge,
Department
cover charge, or any other form of admission charge, including minimum
drink orders, or the sale of drinks.
10
The number of persons attending the event shall not exceed the maximum
Police
occupancy load as determined by the Anaheim Fire Department. Signs
Department
indicating the occupant load shall be posted in a conspicuous place on an
approved sign near the main exit from the room. (Section 25.114(a) Uniform
Fire Code).
11
All entertainers and employees shall be clothed in such a way as not to be in
Police
violation of Section 7.16.060 of the Anaheim Municipal Code.
Department
12
Any graffiti painted or marked upon the premises or on any adjacent area
Planning
under the control of the property owner shall be removed or painted over
Department,
within 24 hours of being applied.
Code
Enforcement
Division
13
No required parking area shall be fenced or otherwise enclosed for outdoor
Planning
storage.
Department,
Code
Enforcement
Division
14
No outside storage of equipment/furniture shall be permitted.
Planning
Department,
Code
Enforcement
Division
15
All activities related to the use shall occur indoors, except as may be permitted
Planning
by an authorized Special Event Permit.
Department,
Code
Enforcement
Division
16
The property shall be permanently maintained in an orderly fashion through
Planning
the provision of regular landscaping maintenance, removal of trash or debris.
Department,
Code
Enforcement
IL—L Division
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17
Address numbers shall be positioned so as to be readily readable from the
Police
street. Number should be illuminated during hours of darkness. Front and
Department
Rear entrance doors shall be numbered with the same address numbers or suite
number of the business to be completed within 30 days of approval of this
permit. Minimum height of 4" recommended.
18
Adequate lighting of parking lots, passageways, recesses, and grounds
Planning
contiguous to buildings shall be provided with lighting of sufficient wattage to
Department,
provide adequate illumination to make clearly visible the presence of any
Planning
person on or about the premises during the hours of darkness and provide a
Services
safe, secure environment for all person, property, and vehicles on- site. All
exterior doors shall have their own light source, which shall adequately
illuminate door areas at all hours to make clearly visible the presence of any
person on or about the premises and provide adequate illumination for persons
exiting the building.
19
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning
officials, officers, employees and agents (collectively referred to individually
Department,
and collectively as "Indemnitees ") from any and all claims, actions or
Planning
proceedings brought against Indemnitees to attack, review, set aside, void, or
Services
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
attorneys' fees and other costs, liabilities and expenses incurred by
Indemnitees in connection with such proceeding.
20
Approval of this application constitutes approval of the proposed request only
Planning
to the extent that it complies with the Anaheim Municipal Zoning Code and
Department,
any other applicable City, State and Federal regulations. Approval does not
Planning
include any action or findings as to compliance or approval of the request
Services
regarding any other applicable ordinance, regulation or requirement.
21
The property shall be developed substantially in accordance with plans and
Planning
specifications submitted to and reviewed by the City of Anaheim and which
Department,
plans are on file with the Planning Department and as conditioned herein.
Planning
Services
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