Resolution-PC 2015-044 RESOLUTION NO. PC2015-044
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT
NO. 4114 TO PERMIT A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC
BEVERAGE CONTROL LICENSE AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00036)
(106 SOUTH WESTERN AVENUE)
WHEREAS, on June 7, 1999, and subject to certain conditions of approval, the Planning
Commission of the City of Anaheim ("Planning Commission"), by Resolution No. PC 99-101, (1)
approved Conditional Use Permit No. 4114 (herein referred to as the "Original CUP") to establish
land use conformity with the then existing Zoning Code land use requirements for an existing
commercial retail center and liquor store and to permit a public dance hall on premises located at
106 South Western Avenue, County of Orange, State of California (the "Property"). The Property
is located within a commercial center commonly known as 106-112 South Western Avenue and
31.50-3174 West Lincoln Avenue. The Property is generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference. The conditions of approval which were
the subject of the Original CUP shall be referred to herein collectively as the "Previous
Conditions of Approval"; and
WHEREAS, the Planning Commission did receive a verified petition to amend the
Original CUP to pen-nit the sale of beer, wine and distilled spirits with a Type 21 (Off Sale
General) license issued by the Department of Alcoholic Beverage Control (herein referred to as
"ABC") for off-premises consumption on a portion of the Property in conjunction within a
proposed liquor store (herein referred to as the "Proposed Project"), pursuant to Section
18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code ("Code"). Said
amendment is designated as Conditional Use Permit No. 4114A; and
WHEREAS, Conditional Use Permit No. 4114A is proposed in conjunction with a
determination of Public Convenience and Necessity No. 2015-00118 related to the sale of
alcoholic beverages for off-premises consumption from that portion of the Property to be used
and operated as a liquor store; and
WHEREAS, the Property, consisting of approximately 1.2 acres, is developed with an
80,513 square foot retail commercial center. The Anaheim General Plan designates the Property
for Low-Medium Density Residential land uses. The Property is located within the "C-G"
General Commercial Zone. As such, the Property is subject to the zoning and development
standards described in Chapter 18.08 (General Commercial Zone) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 29, 2015 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
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional
Use Pen-nit No. 4114A, and to investigate and make findings and recommendations in
connection therewith; and
PC2015-044
WHEREAS, pursuant to and in accordance with the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the
State of California Guidelines for Implementation of the California Environmental Quality Act
(commencing with Section 15000 of Title 14 of the California Code of Regulations; herein
referred to as the "State CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the
City is the "lead agency" for the preparation and consideration of environmental documents for
the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and detennines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class I —
Existing Facilities) which consists 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 the
State CEQA Guidelines, the Proposed Project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; 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 Conditional Use Permit No. 4114A , does find and
determine the following facts:
1. The request to permit the sale of beer, wine and distilled spirits for off-
premises consumption in conjunction with a liquor store in an existing commercial retail center
in the Commercial Zone is an allowable use within the "C-G" General Commercial Zone under
subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code,
subject to a conditional use permit and the zoning and development standards of the "C-G"
General Commercial Zone.
2. The request to permit the sale of beer, wine and distilled spirits for off-
premises consumption in conjunction with a liquor store would not adversely affect the
surrounding land uses and the growth and development of the area in which it is proposed to be
located because the Property is currently developed with a commercial retail center and the
proposed use of a portion of the Property as a liquor store is compatible with the existing uses
within the commercial center and uses in the surrounding area•, and
3. The size and shape of the site is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently improved with a commercial retail
center and there is no proposed expansion of the Property; and
4. The traffic generated by permitting the sale of beer, wine and distilled
spirits for off-premises consumption in conjunction with a liquor store would 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 Property are consistent with the
existing commercial use of the Property and the permitted businesses within the commercial
center; and
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5. The granting of Conditional Use PeitNo. 4114A under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public bearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the
reasons hereinabove stated, that Conditional Use Permit No. 4114A is hereby approved, thereby
amending the Original CUP for the Property to pen-nit the sale of beer, wine and distilled spirits
for off-premises consumption in conjunction with a liquor store within that a portion of the
Property described in the application.
BE IT FURTHER RESOLVED that, effective upon the effective date of this
Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated
herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions
of Approval and hereby replace the Previous Conditions of Approval in their entirety. All
references to the conditions of approval for the Original CUP and this Conditional Use Permit
No. 4114A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit
B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No.
4114A.
BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B
attached hereto are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 4114A 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 any amendment, modification or revocation 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 Code.
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.
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BE IT FURTHER RESOLVED that approval of this application 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 29, 2015. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
AIMAN, PLAN COMMISSION
CITY EIM
*1
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on June 29, 2015, by the following vote of
the members thereof-.
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of June, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A
V NO. 2015-00036
APN: 135-281-1
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EXHIBIT "B"
AMENDMENTTO CONDITIONAL USE PERMIT NO. 41.14A
( EV2015-00036)
RESPONSIBLE
N ® CONDITIONS OF APPROVAL DEPARTMENT
LIQUOR STORE CONDITIONS .F APP VAL
1. Prior to operation of the liquor store, the managers and/or owners of
the liquor store located at the subject Property shall coordinate with Police Department
the Department of Alcoholic Beverage Control and obtain LEAD
(Licensee Education on Alcohol and Drugs Program) Training for
themselves and service employees. The contact number is 71.4-558-
4101.
2. The activities occurring in conjunction with the operation of the Police Department
liquor store shall not cause noise disturbances to surrounding
properties.
1 Sale of beer, wine, and/or distilled spirits from the liquor store shall Police Department
be made to customers only when the customers are inside the
building.
4. All activities related to the use and operation of the liquor store shall Planning Department,
occur indoors, except as may be permitted by an authorized Special Code Enforcement
Event Permit. Division
5. There shall be no exterior advertising or sign of any kind or type
associated with the premises in which the liquor store will operate, police Department
including advertising directed to the exterior from within, promoting
or indicating the availability of beer, wine, and/or distilled spirits.
Interior displays within the liquor store of beer, wine, and/or distilled
spirits or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
6. The liquor store shall be operated in accordance with the Letter of Planning Department,
Operation submitted as part of the application for Conditional Use Planning Services
Permit No. 4114A, including limiting the hours of operation to 7:00 Division
a.m. to 11:00 p.m., Monday through Thursday, and 7:00 a.m. to
12:00 a.m. Friday and Saturday. Any changes to the business
operation described in the Letter of Operation shall be subject to
review and approval by the Planning Director to determine
substantial conformance with the Letter of Operation and to ensure
compatibility with the surrounding uses.
7. Security measures for the liquor store shall be provided to the Police Department
satisfaction of the Anaheim Police Department to deter unlawful
conduct of employees and patrons, promote the safe and orderly
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RESPONSIBLE
NO. CONDITIONS OF APPROVAL DEPARTMENT
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. Any 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.
No display of beer, wine, and/or distilled spirits shall be located Police Department
outside of that portion of the building in which the liquor store is
located or within five (5) feet of any public entrance to said building.
9. The possession of beer, wine, and/or distilled spirits in open
containers and the consumption of beer, wine, and/or distilled spirits Police Department
are prohibited on or around the Property,
10. There shall be no amusement machines, video game devices, or pool Police Department
tables maintained at, in or upon the premises of the Property
operated as a liquor store at any time, unless all required permits are
first obtained from the City.
11. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 Police Department
oz., 40 oz., or similar size containers is prohibited. No beer or malt
beverages shall be sold in quantities less than six per sale.
12. Loitering is prohibited on or around the premises of the Property Police Department
operated as a liquor store under the control of the business owner.
Security guards shall routinely police the area under their control in
an effort to prevent the loitering of persons around the exterior of the
building located on the Property.
13. Windows of the liquor store shall not be covered by advertising to Police Department
the extent that the interior is not clearly visible from the outside to
enable officers responding to potential emergency situations to
observe any activity which may be occurring inside. At no time
shall window signs exceed 10% of the window area in compliance
with the Zoning Code.
14. The Petitioner(s) shall post and maintain a professional quality sign
facing the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING Police Department
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block
lettering. The sign shall be in English and Spanish.
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RE
SP NSI ,
NO. CONDITIONS OF APPROVAL DEPARTMENT
PUBLIC ANC SII CONDITIONS OF APPROVAL
.
15. That the rear door located on the east wall of the public dance hall Planning Department,
shall remain closed during hours of operation. Planning Services
Division
16. That no alcoholic beverages shall be sold or consumed on the Planning Department,
premises of the public dance hall. Planning Services
Division
17. That a maximum of 50 patrons shall be permitted on the premises at Planning Department,
any time for the public dance hall. Planning Services
Division
18. That no live bands shall be allowed to perform in conjunction with Planning Department,
the public dance hall. Planning Services
Division
19. That security guards shall be provided during all public dance hall Police Department
hours and to the satisfaction of the Anaheim Police Department.
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20. That any tree or other landscaping planted on-site shall be replaced Planning Department,
in a timely manner in the event that it is removed, damaged, Planning Services
diseased and/or dead. Division
21. The owner of the commercial center shall be responsible for Planning Department,
maintaining the commercial center in an orderly fashion through Code Enforcement
the provision of regular maintenance and removal of trash or Division
debris. Any graffiti painted or marked upon the buildings making
up the subject Property shall be removed or painted over within 24
hours of being applied.
22. Adequate lighting of parking lots,passageways, recesses, and Police Department
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 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.
23. No required parking area shall be fenced-off or otherwise enclosed Planning Department,
for outdoor storage uses. Code Enforcement
Division
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RESPONSIBLE
NO. CONDITIONS F APPROVAL DEPARTMENT
GENERAL CONDITIONS F°. AL
24. The Applicant shall defend, indemnify, and hold harmless the Planning Department,
City and its officials, officers, employees and agents (collectively Planning Services
referred to individually and collectively as "Indemnitees") from Division
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 pen-nit 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.
25. The applicant is responsible for paying all charges related to the Planning Department,
processing of this discretionary case application within 30 days of planning Services
the issuance of the final invoice or prior to the issuance of building Division
pen-nits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required pen-nits or
may result in the revocation of the approval of this application.
26. The subject Property shall be developed, used and maintained Planning Department,
substantially in accordance with plans and specifications Planning Services
submitted to the City of Anaheim by the petitioner and which Division
plans are on file with the Planning Department, and as
conditioned herein.
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