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Resolution-PC 2019-019RESOLUTION NO. PC2019-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2019-06005 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00015) (2120 EAST HOWELL AVENUE, UNIT 410) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2019-06005 to permit a bar with sales of beer and wine for on and off -premises consumption within an existing industrial building with a new "Type 42" On -Sale Beer and Wine — Public Premises Alcoholic Beverage Control (ABC) license to permit the sale of beer and wine for on and off-site consumption (the "Project"), for certain real property located at 2120 East Howell Avenue, Unit 410 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. 2019-06005 is proposed in conjunction with Public Convenience or Necessity No. 2019-00145, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 6.3 acres, is developed with an industrial business center. The Anaheim General Plan designates the Property for "O -H" Office High land uses. The Property is located within the underlying "I" Industrial Zone, and the "PTMU" Platinum Triangle Mixed Use Overlay Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 15, 2019 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 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 consists of construction and location of limited numbers of new, small facilities or structures, 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 - I - PC2019-019 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. 2019-06005, does find and determine the following facts: 1. The proposed request to permit a bar with sales of beer and wine for on and off - premises consumption within an existing industrial building with a new "Type 42" On -Sale Beer and Wine — Public Premises ABC license to permit a bar with sales of beer and wine for on and off -premises consumption within an existing industrial building is an allowable use within the "I" Industrial Zone under Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code, subject to a conditional use permit and the zoning and development standards of the "I" Industrial Zone. 2. The Proposed Project, under the conditions imposed, is compatible with the existing and proposed uses in the surrounding area. 3. The size and shape of the site for the Proposed Project, under the conditions imposed, is 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 bar will adhere to all required land use standards, including the required number of parking spaces. 4. The traffic generated by the Proposed Project, 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 this use will not exceed the levels anticipated and analyzed in this area. 5. The granting of the Proposed Project, 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 would not be a health or safety risk to the citizens of the City of Anaheim; and 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. 2019-06005, contingent upon and subject to (i) approval of Public Convenience or Necessity No. 2017-00145, 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. 2019-06005 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 - 2 - PC2019-019 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. 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 15, 2019. 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. C�>Ia oG �1, , CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2019-019 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 15, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-019 DEN NO. 2019.00015 E HOWELL AVE Sound Recorded TrSuCi IA*ps vul'ot Cdy {',IS .,,t Please note the accuracy is +r_ two Io Awe feet -5 - PC2019-019 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2019-06005 (DEV2019-00015) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 All requests for new water services, backflow equipment, or fire lines, Public Utilities, as well as any modifications, relocations, or abandonments of existing Water Engineering water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 2 Applicant shall contact Water Services Cross Connection Control at Public Utilities, 714-765-5203 to determine whether a backflow prevention device Water Engineering must be installed on the Applicant's internal and external plumbing systems. Backflow prevention device(s) shall be installed if determined to be required. GENERAL CONDITIONS 3 The required number of parking spaces (27) shall be provided on the Planning and Building property at all times that the business is in operation. Department, Planning Services Division 4 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. 5 The business shall not be operated in such a way as to be detrimental Police Department to the public health, safety, or welfare. 6 Any and all security officers provided show comply with all State and Police Department Local ordinances regulating their services, including without limitation, Chapter 11.5 in Division 3 of the California Business and Professions Code (Section 4.16.070 Anaheim Municipal Code). 7 Security measures shall be provided to the satisfaction of the Anaheim Police Department Police Department. Such measures of shell deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 8 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. A similar program may be used as long as it is certified and must be renewable. 9 There shall be no admission fee, cover charge, nor minimum purchase Police Department required. - 6 - PC2019-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 Signs shall be posted inside all doors stating, "No open alcoholic Police Department beverages allowed past this point." 11 Doors shall be kept closed at all times during the operation of the Police Department remises except in cases of emergency. 12 Hours of operation shall be limited to 12:00 midnight each night of Police Department the week. 13 There shall be no entertainment, amplified music, or dancing Police Department permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. 14 Vehicle deliveries including loading and unloading shall only be Public Works, performed on site in the designated loading shown as shown on the Traffic Engineering site plan. Deliveries shall not take place on any part of the public right of way. 15 All landscaping shall be maintained in perpetuity in conformance with "Landscape Planning and Building Chapter 18.46 and Screening" of the Anaheim Municipal Department, Code. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Code Enforcement Division 16 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the 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 Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 17 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division 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. 18 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant Department, and which plans are on file with the Planning Department and as Planning Services conditioned herein. Division - 7 - PC2019-019