Resolution-PC 2018-007RESOLUTION NO. PC2018-007
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2009-05412B
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00121)
(1652 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to amend Conditional Use Permit No. 2009-05412B ("CUP2009-
05412B") by deleting and modifying existing conditions of approval pertaining to the prohibition
of sale of alcoholic beverages in conjunction with an existing entertainment venue to allow sale of
beer for on-site consumption (herein referred to collectively as the "Proposed Project") at the
premise located at 1652 West Lincoln Avenue in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the "Property"); and
WHEREAS, Conditional Use Permit No. 2017-05945 is proposed in conjunction with
Public Convenience or Necessity No. 2018-00139, now pending, which, together with the Project,
shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property, consisting of approximately 1.34 acres, is developed with a
commercial building that includes the subject 4,340 square -foot entertainment venue. The
Anaheim General Plan designates the Property for General Commercial 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 (Commercial Zones) of the
Anaheim Municipal Code (the "Code"); and
WHEREAS, on April 12, 2010, and subject to certain conditions of approval, the Planning
Commission, by Resolution No. PC2010-021, approved Conditional Use Permit No. 2009-05412
(herein referred to as the "Original CUP") to establish land use conformity with the then existing
Zoning Code land use requriements to permit an entertainment venue (a public dance hall with no
alcohol) on the Property; and
WHEREAS, the Planning Commission did hold a public hearing on the Proposed Project
at the Civic Center in the City of Anaheim on February 21, 2018 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 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 Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; 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
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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, 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. 2009-0541213, does find and
determine the following facts:
1. The proposed request to allow sale of beer for on-site consumption in conjunction
with the existing entertainment venue is an allowable use within the "C -G" General Commercial
Zone under 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 allow sale of beer for on-site consumption, under the conditions
imposed, is compatible with the existing uses in the surrounding area, as it is an accessory use to
an existing business that has been operating at the subject property in the same manner for
approximately 20 years.
3. The size and shape of the site for the use proposed under Conditional Use Permit No.
2009-05412B are, under the conditions imposed, adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area or to the health and safety because
the proposed use will be accessory to the existing entertainment venue and does not include the
expansion of the existing facilities.
4. The traffic generated by the uses proposed under Conditional Use Permit No. 2009-
0541213, under the conditions imposed, will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area because the traffic generated by
the existing entertainment venue will not increase due to the Proposed Project.
5. The granting of Conditional Use Permit No. 2009-0541213, under the conditions
imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed project will be compatible with the surrounding area through conditions of approval
for the use and is not a health or safety risk to 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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2009-05412B contingent upon and subject to (i) approval of
Public Convenience or Necessity No. 2018-00139, 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. 2009-05412B 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, effective upon the effective date of this
Resolution, the Revised Conditions of Approval hereby 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 CUP shall be to the Revised Conditions of Approval attached
to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by
Conditional Use Permit No. 2009-05412B.
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.
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 February 21, 2018. Said resolution is subject to the app al provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertainin appeal procedures and may be replaced
by a City Council Resolution in the event of an appe .
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 February 21, 2018, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 215' day of February, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2017-00121
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05412B
(DEV2017-00121)
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
GENERAL OPERATIONAL CONDITIONS
1
A security plan shall be submitted to the Polic Department for review
Police Department
and approval. Such security plan shall include security measures to
deter unlawful conduct on the part of employees or patrons, and to
promote the safe and orderly assembly and movement of persons and
vehicles, and to prevent disturbance of the neighborhood, including
excessive noise created by patrons entering or leaving the premises.
2
The door(s) shall be kept closed at all times during the operation of
Police Department
the business except in cases of emergency. Said door(s) not to consist
solely of a screen or ventilated security door.
3
Parking lots, driveways, circulation areas, aisles, passageways,
Police Department
recesses 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.
4
The petitioner(s) shall post and maintain a professional quality sign
Police Department
facing the premises parking lot(s) that read as follows:
NO LOITERING, NO LITTERING, NO DRINKING OF
ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two (2) feet square with two inch block
lettering. The sign shall be in English and Spanish.
OPERATIONAL CONDITIOINS RELATED TO ENTERTAINMENT VENUE
5
The floor spaces provided for dancing shall be free of any furniture
Planning and
or partitions and maintained in a safe condition.
Building Department,
Code Enforcement
6
The hours of operation for the public dance hall, including concerts,
Planning and
shall commence no earlier than 7:00 p.m. and shall conclude by 12
Building Department,
a.m. daily.
Code Enforcement
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
7
The public dance hall shall be operated in accordance with the
Planning and
following rules as stipulated to by the applicant:
Building Department,
a) No one under the influence of alcohol or drugs shall be
Code Enforcement
admitted.
b) No "in and out" privileges shall be allowed.
c) No smoking shall be permitted on the premises.
d) No backpacks shall be permitted.
8
The parking lot shall have a minimum of four handicapped parking
Public Works
spaces and a designated loading area.
Department, Traffic
Engineering
9
The business operator shall provide a minimum of four security
Planning and
guards at all times or any other number of security guards as
Building Department,
determined to be appropriate by the Anaheim Police Department.
Code Enforcement
10
There shall be no outdoor storage of vehicles in any required parking
Planning and
area.
Building Department,
Code Enforcement
11
The property shall be permanently maintained free of debris, litter and
Planning and
overgrown vegetation.
Building Department,
Code Enforcement
12
The front landscape planter shall be maintained in a healthy condition
Planning and
with live trees, shrubs and ground cover. If the plant material becomes
Building Department,
diseased or dies, it shall be replaced in a timely manner.
Code Enforcement
13
The property shall be permanently maintained in an orderly fashion
Planning and
through the provision of regular landscaping maintenance, removal of
Building Department,
trash or debris, and removal of graffiti within twenty four (24) hours
Code Enforcement
from time of occurrence.
14
Rear entrance doors shall be numbered in the same address numbers
Planning and
or suite number of the business. Minimum height of 4 inches is
Building Department,
recommended.
Code Enforcement
15
All exterior doors to have adequate security hardware, e.g. deadbolt
Planning and
locks.
Building Department,
Code Enforcement
16
File Emergency Listing Card, Form APD -281, with the Police
Planning and
Department, available at the Police Department front counter, or it can
Building Department,
be downloaded from the following web site:
Code Enforcement
http://www.anaheim,net/article.asp?id=678.
17
That fire lanes shall be posted with "No Parking Any Time".
Planning and
Building Department,
Code Enforcement
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
18
That on-going during project operation, no required parking areas
Planning and
shall be fenced or otherwise enclosed for outdoor storage uses.
Building Department,
Code Enforcement
OPERATIONAL CONDITIONS RELATED TO ALCOHOLIC BEVERAGES SALES (ON SITE
BEER)
19
ID shall be checked at the door and wristbands shall be issued to all
Police Department
patrons 21 years and over.
20
Patrons with a wristband may purchase one beer at a time - one beer
Police Department
per purchase per wristband.
21
There shall be no in/out privileges. If patrons leave the building they
Police Department
must leave the premises.
22
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.
23
There shall be no exterior advertising of any kind of type, including
Police Department
advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages.
24
Beer may be consumed only within the building. No beer is allowed
Police Department
in any outdoor area.
25
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
licensed premises under any commission, percentage, salary, or other
profit-sharing plan, scheme or conspiracy (Section 24200.5
Alcoholic Beverage Control Act).
26
Managers and/or owners shall contact the Department of Alcoholic
Police Department
Beverage Control and obtain LEAD (Licensee Education on Alcohol
and Drugs Program) training for themselves and service employees.
The number is (714)558-4101.
27
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.
28
The petitioner(s) shall be responsible for maintaining free of litter the
Police Department
area adjacent to the premieses over which they have control, as
depicted.
29
The number of persons shall not exceed the maximum occupancy
Police Department
load as determined by the Anaheim Fire Department. Signs
indicating the occupant load shall be posted in a conspicuous place
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
on an approved sign near the mian exit from the room (Section 25.114
(a) Uniform Fire Code).
30
The sale of alcoholic beverages for consumption off the premises
Police Department
shall be prohibited.
31
Petitioner(s) shall police the area under their control in an effort to
Police Department
prevent the lotering of persons about the premises.
GENERAL CONDITIONS OFAPPROVAL
32
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department,
and its officials, officers, employees and agents (collectively referred
Planning Services
to individually and collectively as "Indemnitees") from any and all
Division
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.
33
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
Division
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.
34
The subject Property shall be developed, used and maintained
Planning Department,
substantially in accordance with plans and specifications submitted
Planning Services
to the City of Anaheim by the petitioner and which plans are on file
Division
with the Planning Department, and as conditioned herein.
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