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Resolution-PC 2016-029RESOLUTION NO. PC2016-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05855 FOR A TYPE 41 ON SALE BEER & WINE — EATING PLACE ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00007) (8032 EAST SANTA ANA CANYON ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2016-05855 to permit the sale of beer and wine with a Type 41 (On Sale Beer & Wine — Eating Place) license issued by the State of California Department of Alcoholic Beverage Control (herein referred to as "ABC") for on -premises consumption at an existing multi-plex cinema located at 8032 East Santa Ana Canyon Road in the City of Anaheim, County of Orange, State of California (the "Property") within a retail commercial center known as "The Festival" and generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property is approximately 2.64 acres in size and is currently developed with a 62,676 square foot multi-plex cinema. The Anaheim General Plan designates the Property for Regional Commercial land uses. The Property is located within The Festival Specific Plan Area described in Specific Plan No. 90-1 for the Festival Regional Shopping Center ("Specific Plan No. 90-1") and more particularly within the Retail Commercial and Entertainment Development Area (Development Area 2) shown as Exhibit 7 to Specific Plan No. 90-1. As such, the Property is subject to the zoning and development standards described in Chapter 18.108 (Festival Specific Plan No. 90-1 (SP 90-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and WHEREAS, Conditional Use Permit No. 2016-05855 is proposed in conjunction with a request to amend certain zoning and development standards adopted in connection with Specific Plan No. 90-1, which request is designated as "Specific Plan Adjustment No. 2016- 00067", to conditionally permit the sale of beer and wine for on -premises consumption in connection with food sales at the one multi-plex cinema permitted in the Retail Commercial and Entertainment Development Area (Development Area 2) of Specific Plan No. 90-1. Specific Plan Adjustment No. 2016-00067 and Conditional Use Permit No. 2016-05855 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 18, 2016 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 the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Cal. Code Regs. tit. 14, § 15000; herein referred to as the "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 - 1 - PC2016-029 WHEREAS, this Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, 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 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, this 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 Proposed Project and, specifically, with respect to the request for Conditional Use Permit No. 2016-05855, does find and determine the following: 1. The request to allow the sale of beer and wine with a Type 41 (On Sale Beer & Wine — Eating Place) license for on -premises consumption in conjunction with an existing multi- plex cinema building is properly one for which a conditional use permit is authorized, subject to City Council approval of Specific Plan Adjustment No. 2016-00067. 2. The request to permit the sale of beer and wine for on -premises consumption in conjunction with a multi-plex cinema 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 already developed with a multi-plex cinema building and the proposed use would be compatible with the existing uses within the commercial center and surrounding area. 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 already improved with a multi-plex cinema and adjacent shopping center and no expansion to the existing building or use is proposed. 4. The traffic generated by permitting the sale of beer and wine for on -premises consumption in conjunction with a multi-plex cinema 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 site is consistent with typical businesses that would be permitted as a matter of right within the Retail Commercial and Entertainment Development Area (Development Area 2) of Specific Plan No. SP 90-1. 5. The granting of Conditional Use Permit No. 2016-05855 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, this 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 hearing, the staff presentations, the staff report and all materials in the Proposed Project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 2 - PC2016-029 NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby approve and adopt Conditional Use Permit No. 2016-05855, contingent upon and subject to (i) the adoption by the City Council of an ordinance authorizing the sale of beer and wine for on -premises consumption in connection with food sales at the one multi-plex cinema permitted in the Retail Commercial and Entertainment Development Area (Development Area 2) of Specific Plan No. 90-1, subject to a conditional use permit under Specific Plan Adjustment No. 2016-00067, now pending, and (ii) 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 under Conditional Use Permit No. 2016-05855 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 this 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 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 April 18, 2016. 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. CHA , PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2016-029 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, 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 April 18, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2016. IN WITNESS WHEREOF, I have hereunto set my hand this 181h day of April, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-029 EXHIBIT "A" DEV NO. 2016-00007 00 S" '00 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 5 - PC2016-029 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05855 (DEV2016-00007) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL 1. There shall be no exterior advertising or sign of any kind or type, Police Department including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 2. The subject alcoholic beverage license shall not be exchanged for a Police Department public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 3. At all times when the premise is open for business, the premise shall be Police Department maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 4. Parking lots, driveways, circulation areas, aisles, passageways, recesses Police Department and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and 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 onsite. 5. Security measures shall be provided to the satisfaction of the Anaheim Police Department Police Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 6. The business shall not employ or permit any persons to solicit or Police Department encourage others, directly or indirectly, to buy them drinks in the licenses premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 7. Managers / Owners need to call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. 8. Any Graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours of being applied. - 6 - PC2016-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9. The petitioner(s) shall be responsible for maintaining free of litter the Police Department area adjacent to the premises over which they have control, as depicted. 10. The number of persons shall not exceed the maximum occupancy load Police Department 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. (Section 25.114(a) Uniform Fire Code) 11. The door(s) shall be kept closed at all times during the operation of the Police Department premises except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. 12. Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons around the premises. 13. No person under the age of 18 shall sell or serve alcoholic beverages. Police Department 14. Applicant shall post clearly visible signs that read "No Alcoholic Police Department Beverages Beyond This Point" at any exit door that leads outside the main building. 15. Identification must be shown with each purchase. A patron may not Police Department purchase alcohol for other guests unless each person is at the register and has provided proper identification. 16. Beer and wine are to be sold in clear plastic cups (no glass containers) Police Department that are clearly distinguishable from the other non-alcoholic drinks available for purchase. 17. Sales of alcoholic beverages for consumption off the premises are Police Department prohibited. 18. At all times when the premises is exercising the privileges of their Police Department license, an employee of the premises shall enter and monitor the activity within the theaters on a regular basis, but no less than once every 30 minutes. Staff will receive training on guest removal procedures for objectionable or nuisance activity related to the service of alcoholic beverages. 19. Lighting shall remain at a level sufficient to allow a theater employee to Police Department observe patrons who may be consuming alcoholic beverages. 20. Customers shall not be required to purchase a certain number of drinks. Police Department 21. No distilled spirits are allowed under this license. Police Department - 7 - PC2016-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 22. The Applicant shall defend, indemnify, and hold harmless the City Planning and and its officials, officers, employees and agents (collectively referred Building Department, to individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees Division 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. 23. The applicant is responsible for paying all charges related to the Planning and processing of this discretionary case application within 30 days of the Building Department, issuance of the final invoice or prior to the issuance of building permits Planning Services for the Proposed Project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 24. The subject Property shall be developed, used and maintained Planning and substantially in accordance with plans and specifications submitted to Building Department, the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Services Division 25. Approval of Conditional Use Permit No. 2016-05855 is contingent Planning and upon City Council approval of Specific Plan Adjustment No. 2016- Building Department, 00067. Permits for on -sale beer and wine shall not be issued until Planning Services after the effective date of the ordinance approving Specific Plan Division Adjustment No. 2016-00067. - 8 - PC2016-029