Loading...
Resolution-PC 2013-088RESOLUTION NO. PC2013 -088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010 -05474 AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00103 FOR A TYPE 48 ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2010- 00005A) (440 SOUTH ANAHEIM BOULEVARD) WHEREAS, on September 21, 2011, and subject to certain conditions of approval, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission "), by its Resolution No. PC2011 -071, did approve Conditional Use Permit No. 2010 -05474 and Variance No. 2011 -04868 to convert the 2 -story Packing House building to a commercial retail center, to include retail stores, restaurants with outdoor dining, the sale of alcoholic beverages for on- premises consumption, a public dance hall, indoor and outdoor entertainment, and off -site parking lots with a reduced landscaped setback (herein referred to as the "Original CUP ") on that certain real property located at 440 South Anaheim Boulevard in the City of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Conditional Use Permit No. 2010- 05474A to amend the Original CUP to allow a concierge bar with a Type 48 (On -Sale General — Public Premises) ABC license within the Packing House building and an associated determination of public convenience or necessity to permit the sale of alcoholic beverages for on- premises consumption in conjunction with the proposed bar, pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code ") for the Property; and WHEREAS, the Property is approximately 1.0 -acre in size and is developed with a 42,766 square foot, 2 -story historically - significant building. The Property is located in the I (SABC- Neighborhood Commercial District) zone and the Anaheim General Plan designates the property for Mixed Use land uses; and WHEREAS, on December 16, 2013, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2013 -05683 and Public Convenience or Necessity No. 2013 - 00100, 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; and - 1 - PC2013 -088 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 a determination of Public Convenience or Necessity No. 2013 - 00103, does find and determine the following facts: 1. On July 11, 1995, the City Council of the City of Anaheim 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 California 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 California 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 issuance of a license. For purposes of Section 23958, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The premises are located in a crime reporting district that has a 224% greater number of "reported crimes" (as defined in Section 23958.4) than the average number of reported crimes as determined from all crime reporting districts within the City of Anaheim. (b) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the premises are located does not exceed the ratio of on -sale retail licenses to population in the county. (c) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the premises are located does not exceed the ratio of off -sale retail licenses to population in the county. 3. Notwithstanding the existence of the above - referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations, and, when the sale of alcoholic beverages for off - premises consumption is permitted by the Code, 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. -2- PC2013 -088 5. The Property is located within Census Tract No. 873.00 with a population of 10,413 that allows for 6 off -sale ABC licenses and 11 on -sale licenses. There are presently 6 off -sale licenses and 9 on -sale license in the census tract. The Anaheim Police Department evaluates these requests based on the crime rates within the police reporting district by utilizing a one - quarter mile radius for the subject site. The subject site is in Reporting District 1625 which has a 224 percent above average crime rate and a crime rate of 331 percent above the average within a one - quarter mile radius. 6. A determination of Public Convenience or Necessity can be made based on the finding that the license requested 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 is ancillary to the mix of retail stores and restaurants within the Packing House building and would serve as an added convenience to those who choose to shop and dine at this establishment. 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. 2010- 05474A, does find and determine the following facts: 1. The request to permit a Type 48 (On -Sale General — Public Premises) ABC license in conjunction with a concierge bar is properly one for which a conditional use permit is authorized under Section 18.08.030.010 (Alcoholic Beverage Sales — Off Sale) of the Code. 2. The concierge bar with on- premises consumption of alcoholic beverages will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the proposed concierge bar is compatible with other commercial land uses within the area. 3. The size and shape of the site for the concierge bar with on- premises consumption of alcoholic beverages 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. 4. The traffic generated by the Packing House building will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the I (SABC- Neighborhood Commercial District) zone. 5. The granting of Conditional Use Permit No. 2010- 05474A 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. -3 - PC2013 -088 NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2010- 05474A and determines that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for on- premises consumption at the Property, 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 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 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, (ii) the modification complies with the 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- 05474A and Public Convenience or Necessity No. 2013 -00103 are 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 of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2010 - 05474A and Public Convenience or Necessity No. 2013 -00103 constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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 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 the 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 findings hereinabove set forth. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 16, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHAIR, ANAHEIM CIT PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -088 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 December 16, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 16' day of December, 2013. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2013 -088 EXHIBIT "A" DEV NO. 2010-00005A i APN: 037 - 023 -10 BROADWAY � r E EL�S �1�� A � -6- PC2013 -088 O v� Source: Recorded Tract Maps and /or City GIS. Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05474A AND PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00103 (DEV2010- 00005A) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The building shall be equipped with an alarm system (silent or Police audible). Department 2 Address numbers shall be positioned so as to be readily readable Police from the street. Numbers should be visible during hours of Department darkness. 3 Complete a Burglary /Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial Department 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 4 The rear doors of the premises shall be numbered with the same Police address numbers or suite number of the business. Minimum Department height of 4" recommended. 5 All exterior doors to have adequate security hardware, e.g. Police deadbolt locks. Department 6 An executed agreement to provide off -site parking on the two Planning properties to the south, as described in the parking study dated Department September, 2011, in a form satisfactory to the City Attorney, shall be submitted to the Planning Services Division. Said agreement shall remain in full force and effect at all times. GENERAL CONDITIONS — RESTAURANTS 7 At all times when the premise is open for business, the premise Police shall be maintained as a bona fide restaurant and shall provide a Department menu containing an assortment of foods normally offered in such restaurant. 8 There shall be no exterior advertising or sign of any kind or Police type, including advertising directed to the exterior from within, Department 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. -7- PC2013 -088 9 Petitioner shall not share any profits, or pay any percentage or Police commission to a promoter or any other person, based upon Department monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 10 There shall be no admission fee, cover charge, nor minimum Police purchase required. Department 11 There shall be no entertainment, amplified music or dancing Police permitted on the premise at any time unless the proper permits Department have been obtained from the City of Anaheim. 12 The hours of operation shall be limited to a 12:00 a.m. closing, Police seven days a week. Department 13 The subject alcoholic beverage license shall not be exchanged Police for a public premise (bar) type license nor shall the Department establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 14 The outdoor patio area must be completely enclosed with at Police least 42 inch high fencing and entry capability only from within Department the restaurant areas. GENERAL CONDITIONS — PUBLIC DANCE /BANQUET HALL 15 There must be served at least one meal of a substantial nature as Police described in Section 4.16.050.030 Anaheim Municipal Code. Department 16 The business shall not employ or permit any persons to solicit or Police encourage others, directly or indirectly, to buy them drinks in the Department licensed premises under any commission, percentage, salary, or other profit - sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 17 The number of persons attending the event shall not exceed the Police maximum occupancy load as determined by the Anaheim Fire Department Department. Signs 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) 18 There shall be no admission fee, cover charge, nor minimum Police purchase required. Department 19 There shall be no entertainment, amplified music or dancing Police permitted on the premise at any time unless the proper permits Department have been obtained from the City of Anaheim. 20 The hours of operation shall be limited to a 12:00 a.m. closing, Police seven days a week. Department -8- PC2013 -088 21 All entertainers and employees shall be clothed in such a way as Police to not expose "specified anatomical areas" as described in Section Department 7.16.060 of the Anaheim Municipal Code. 22 The floor space provided for dancing shall be free of any furniture Police or partitions and maintained in a smooth and safe condition. Department (Section 4.16.050.010 Anaheim Municipal Code) 23 The doors shall remain closed at all times that entertainment is Police permitted, except during times of entry or exit, emergencies and Department deliveries. (Section 4.18.110 Anaheim Municipal Code) 24 No minor under the age of sixteen (16) years shall be allowed to Police attend the dance, unless accompanied by a parent or guardian. Department (Section 4.16.060.010 Anaheim Municipal Code) GENERAL CONDITIONS — FOOD COURT 25 Signs shall be posted in a prominent place at all exits of the Police premises, stating "No Open Containers of Alcoholic Beverages Department Beyond This Point." 26 The applicant shall be responsible to ensure that no patron Police leaves the common dining area with an open container of Department alcoholic beverage. 27 There shall be no entertainment, amplified music or dancing Police permitted on the premise at any time unless the proper permits Department have been obtained from the City of Anaheim. 28 The hours of operation shall be limited to a 12 a.m. closing, Police seven days a week. The sale and dispensing of alcohol shall Department terminate 30 minutes prior to closing. 29 All Type 41 and 47 ABC licenses in conjunction with the Police restaurants shall not be exchanged for a public premise (bar) Department type license, nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. GENERAL CONDITIONS - CONCIERGE BAR INSPACE NO. 215 30 The bar shall be operated and maintained substantially in Police accordance with plans and specifications as specifically shown Department on exhibits approved in conjunction with this permit. 31 The bar shall not employ or permit any persons to solicit or Police encourage others, directly or indirectly, to buy them drinks in the Department licensed premises under any commission, percentage, salary, or other profit - sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) -9- PC2013 -088 32 There shall be no entertainment, amplified music or dancing Police permitted on the premise at any time unless the proper permits Department have been obtained from the City of Anaheim. 33 There shall be no admission fee, cover charge, nor minimum Police purchase required. Department 34 The hours of operation shall be limited to a 12 a.m. closing, Police seven days a week. The sale and dispensing of alcohol shall Department terminate 30 minutes prior to closing. 35 All persons serving or otherwise dispensing alcoholic beverages Police shall be 21 years old or older. All persons serving alcohol shall Department not consume any alcoholic beverages. 36 Signs shall be posted at all entrances stating "No one under 21 Police allowed beyond this point." Department 37 Alcoholic beverages shall only be sold and served in distinctive Police cups and no other cups may be used for the dispensing of Department alcoholic beverages. Said containers shall be readily identifiable as containing alcoholic beverages and shall be distinct and different than containers of non - alcoholic beverages. The cups must significantly differ in appearance from those containers utilized by any other licensees located in the food court. GENERAL CONDITIONS 38 Adequate lighting of parking lots, driveway, circulation areas, Police aisles, passageways, recesses and grounds contiguous to Department 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. 39 Security measures shall be provided to the satisfaction of the Police Anaheim Police Department to deter unlawful conduct of Department 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. 40 All security officers provided shall comply with all State and Police Local ordinances regulating their 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) _10- PC2013 -088 41 Any permitted event or activity shall not create sound levels, Police which violate any ordinance of the City of Anaheim as Department described in Section 4.16.100.010 of the Anaheim Municipal Code. 42 The activities occurring in connection with the operation of this Police establishment shall not cause noise disturbance to surrounding Department properties. 43 The location of a trash enclosure shall be provided in a location Public acceptable to the Public Works Department, Streets and Works Sanitation Division, and in accordance with approved plans on Department file with said Department. Said information shall be specifically shown on the plans submitted for building permits. 44 No required parking area shall be fenced or otherwise enclosed Planning for outdoor storage. Department, Code Enforcement Division 45 The applicant shall be responsible for maintaining the area Planning adjacent to the premises over which they have control, in an Department, orderly fashion through the provision of regular maintenance Code and removal of trash or debris. Any graffiti painted or marked Enforcement upon the premises or on any adjacent area under the control of Division the licensee shall be removed or painted over within 24 hours of being applied. 46 The operation of this use is contingent upon the continued Planning availability of a minimum of 212 parking spaces as Department 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 Department staffs. 47 A maximum of twelve (12) outdoor events shall be permitted per Planning year for any activities that include the sale and consumption of Department 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. 48 Amplified sound in connection with outdoor events shall not be Police permitted after 10 p.m. seven days a week, with the exception of Department outdoor movies shown during the months of May through August, which may be permitted until 11 p.m. Any amplified - 11 - PC2013 -088 - 12 - PC2013 -088 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. 49 A maximum of twelve (12) alcoholic beverage licenses shall be Planning permitted within the Packing House building. These alcoholic Department beverage licenses shall be for on- premises consumption only in conjunction with a bonafide eating establishment, with the exception of the Type 48 ABC license approved for the concierge bar in Space No. 215. 50 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days Department of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 51 The property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim Department by the applicant and which plans are on file with the Planning Department and as conditioned herein. 52 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents Department (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or 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. - 12 - PC2013 -088