Resolution-PC 2017-055RESOLUTION NO. PC2017-055
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05918 TO PERMIT A TYPE 40 (ON -SALE BEER) ALCOHOLIC
BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2017-00050)
(2211 EAST ORANGEWOOD AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2017-05918 to permit
the sale of beer with a Type 40 (On -Sale Beer) license issued by the State of California Department
of Alcoholic Beverage Control (herein referred to as "ABC") authorizing the sale of beer for on -
premises consumption within designated recreation areas for residents and guests of The George
apartment community located at 2211 East Orangewood Avenue, in the City of Anaheim, County
of Orange, State of California and depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property, consisting of approximately 3.8 -acres, is currently under
construction with a new residential apartment community consisting of 340 dwelling units. The
Land Use Element of the Anaheim General Plan designates the Property for Mixed Use land uses.
The Property is located in the "I" Industrial Zone and the Platinum Triangle Mixed Use (PTMU)
Overlay Zone and the property owner has the option to develop the property in accordance with
either the "I" Industrial Zone or the Platinum Triangle Mixed Use (PTMU) Overlay Zone; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 31, 2017 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 Permit No.
2017-05918, and to investigate and make findings and recommendations in connection therewith.
The Planning Commission subsequently continued the item to the June 12, 2017 and June 26, 2017
meetings at the request of the applicant; 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 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 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
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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. 2017-05918, does find and
determine the following:
1. The proposed request to permit the sale of beer for on -premises consumption within
designated recreation areas for residents and guests of The George apartment community is an
allowable use within the Platinum Triangle Mixed Use (PTMU) Overlay Zone under subsection
.010 of Section 18.08.030 (Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU)
Overlay Zone) of the Code, subject to a conditional use permit and the zoning and development
standards of the Platinum Triangle Mixed Use (PTMU) Overlay Zone.
2. The proposed request to permit the sale of beer for on -premises consumption within
designated recreation areas for residents and guests of The George apartment community 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 incidential beer sales for on-site consumption is compatible
with the existing uses in the surrounding area including Angel Stadium and Golden Road Brewery.
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 was designed with the recreation area and no expansion to the
building is proposed.
4. The traffic generated by permitting the sale of beer for on -premises consumption within
designated recreation areas for residents and guests of The George apartment community 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 would not
increase as the use is not open to the public.
5. The granting of Conditional Use Permit No. 2017-05918 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 hearing, 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 that the Planning Commission does hereby
approve Conditional Use Permit No. 2017-05918, contingent upon and subject to the conditions
of approval set forth in Exhibit B attached hereto and incorporated herein by this reference.
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BE IT FURTHER RESOLVED that the conditions of approval set forth 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. 2017-05918 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 ( 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.
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 26, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
r
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 26, 2017, by the following vote of
the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WHITE
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 26`" day of June,
- JJ4:4�� 1
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DES' NO. 2017-00050
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05918
(DEV2017-00050)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS OF APPROVAL
I
Beer shall be sold and consumed in accordance with the Letter of
Operation submitted as part of the application. Any changes to the
Planning and
business operation described in the Letter of Operation, including any
Building Department
changes to the existing hours 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.
2
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.
3
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.
4
Security measures shall be provided to the satisfaction of the Anaheim
Police Department
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.
5
Any and all security officers provided shall comply with all State and
Police Department
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).
6
The business shall not be operated in such a way as to be detrimental to
Police Department
the public health, safety or welfare.
7
Managers, owners, and wait staff need to call the Department of
Police Department
Alcoholic Beverage Control and obtain LEAD (Licensee Education on
Alcohol and Drugs Program) Training. The contact number is 714-558-
4101.
8
Subject alcoholic beverage license shall not be exchanged for a public
Police Department
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.
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NO,
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
The sale of alcoholic beverages for consumption off the premises shall
Police Department
be prohibited.
10
The Police Department, Vice Detail shall be given two key -fobs so ABC
Police Department
compliance checks can be done.
11
Alcohol shall not go back and forth from the ABC licensed beer garden
Police Department
to the pool deck. The activity director and/or a security guard shall be
located in the beer garden at all times it is open for business. If the
Activity Director is the only employee in the area, they need to be
stationed by the door that separates the beer garden from the pool deck
to easily verify access.
12
Hours of operation for The Peerless shall be 10:00 a.m. to midnight
Police Department
seven days a week.
13
Valid proof of ID must be shown and a wristband shall be issued to
Police Department
residents and guests.
GENERAL CONDITIONS OFAPPROVAL
14
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and
its officials, officers, employees and agents (collectively referred to
Building Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review,
Division
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.
15
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 this project, whichever occurs first. Failure to pay all charges shall
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
16
The subject Property shall be developed, operated 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
Planning Services
the Planning Department, and as conditioned herein.
Division
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