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Resolution-PC 2023-018RESOLUTION NO. PC2023-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE EXPANSION OF AN EXISTING BAR AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2023-00009) (626-628 WEST ORANGEWOOD AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve an amendment to Conditional Use Permit No. 1891 to expand an existing Bar (Type 48 On -Sale General — Public Premises ABC License) (the "Proposed Project"), on certain real property located at 626-628 West Orangewood Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.41 acres in area and is developed with a five -unit Commercial Retail Center and a Bar. The Property is designated for Medium Density Residential land uses in the Anaheim General Plan. The Property is in the "C -G" General Commercial Zone and is subject to the development standards and regulations of Chapter 18.08 (Commercial Zones) of the of the Anaheim Municipal Code (the "Code"); and WHEREAS, Bars & Nightclubs require a conditional use permit subject to the approval by the Planning Commission pursuant to Subsection .040 of Section 18.08.030 (Uses); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 5, 2023 at 5:00 p.m. with 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 recommendation 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 CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301 — Existing Facilities. The Proposed Project is within an existing commercial building and includes interior improvements. The proposal does not include any physical changes to the building or the Property that would result in a significant impact on the environment, and operations will be consistent with historic levels of operation on the Property. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be 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 a conditional use permit, does find and determine the following: 1. The Proposed Project is an allowable use within the "C -G" General Commercial Zone under Section 18.08.030 (Uses) of the Code, subject to a conditional use permit for Bars & Nightclubs. 2. The Proposed Project, as conditioned herein, would not adversely affect the adjoining land uses or the growth and development of the area as the business has operated in a tenant space in the same building for the past 29 years and will operate in a manner consistent with the applicant's existing operation and similar type uses. With implementation of the conditions of approval, the Proposed Project will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety as the Proposed Project does not involve any new construction or expansion of the existing building. The proposed hours of operation are typical for similar types of uses. The size and shape of the Property is adequate to accommodate the proposed expansion of the existing Bar into an adjacent tenant space within the existing Commercial Retail Center. The subject Commercial Retail Center contains 25 on-site parking spaces and the subject Commercial Retail Center is within one- half mile of public transit and is therefore subject to California Assembly Bill 2097 (Government Code Section 65863.2), which prohibits the City from imposing minimum parking requirements on certain projects located within one-half mile of public transit. 4. The traffic generated by the proposed use would not impose an undue burden on streets and highways in the area. It is not expected that the Proposed Project would increase traffic from what currently exists with the existing Bar and commercial uses. 5. The granting of the conditional use permit subject to the conditions of approval will not be detrimental to the health and safety of the citizens of Anaheim because. conditions imposed on the project will ensure that potential nuisances associated with the proposed use will be minimized, and the use would be compatible with surrounding land uses; and - 2 - PC2023-018 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 project files. There is no substantial evidence, nor are there other facts, that negate 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. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve the amendment to Conditional Use Permit No. 1891, contingent upon and subject to 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 that portion of the Property for which the conditional use permit is applicable 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 herein above 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 5, 2023. 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. - 3 - PC2023-018 CHAIRPERSON, PLANNIN C MMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2023-018 EXHIBIT "A" DEV NO. 2023-00009 APN: 137-124-01 W LAMARK DR .................. i W ORANGEWOOD AVE W BLUEBELL AVE W CLIFFWOOD AVE I rr 0 J Q Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is ./- two to five feet. PC2023-018 EXHIBIT "B" DEVELOPMENT APPLICATION NO. 2023-00009 (DEV2023-00009) PC2023-018 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO FINAL PLANNING & ZONING INSPECTIONS 1. Prior to final Planning & Zoning Inspections and prior to occupancy of planning & Building the expanded portion of the Bar, the property owner shall repair all Department, Planning broken/boarded windows and doors, remove all trash and debris from Services Division the alley, remove any weeds, and repair the existing pole sign and wall signs (including, but not limited to, peeling letters and paint, graffiti, and removing signage for tenants that are no longer in business). OPERATIONAL CONDITIONS 2. The business shall be operated in accordance with the Letter of planning & Building Request/Operations Letter submitted as part of this application. Any Department, Planning changes to the business operation, as described in that document(s), Services Division shall be subject to review and approval by the Planning and Building Director to determine substantial conformance with the Letter of Request/Operations Letter to ensure compatibility with the surrounding uses. 3. Any graffiti painted or marked upon the business premises or on any planning & Building adjacent area under the control of the business owner shall be removed Department, Code or painted over within 24 hours of being applied or discovered by the Enforcement Division business owner. Police Department 4. The owner/operator shall install Closed Circuit Television (CCTV) security cameras in the interior and exterior of the business to promote police Department patron and business safety and the appearance of safety. Video surveillance signs shall be posted notifying the patron. CCTV monitors and recorders shall be secured in a separate locked compartment to prevent theft of, or tampering with, the recording. Recordings should be kept for a minimum of 30 days before being deleted or recorded over. 5. If an alarm system is installed, an Alarm Permit shall be completed with police Department the Anaheim Police Department on-line prior to initial alarm activation and the registration shall be maintained and kept up to date. 6. All security officers provided shall comply with all State and Local police Department ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. PC2023-018 PC2023-018 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 7. The owner/operator shall provide a security guard on Thursday, Friday, Police Department Saturday, and Sunday between the hours of 8 PM to 2 AM. Security guard(s) shall be provided 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 adjacent businesses. Additional security measures shall be provided as deemed necessary by the Chief of Police or his or her designee. 8. Identification cards shall be checked at the door to verify patrons are 21 Police Department years or older prior to entering the bar. 9. No one under the age of 21 shall be allowed inside the premises at any Police Department time. Signs shall be posted at the front door stating, "No one under the age of 21 allowed." 10. The exterior of the building and parking lot shall be illuminated during Police Department all hours of darkness. 11. The owner/operator shall be responsible for maintaining free of litter, Police Department the area adjacent to the premises over which they have control e.g., parking lot, landscape setback. 12. 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. 13. The owner/operator shall police the area under their control to prevent Police Department the loitering of persons around the premises. 14. The owner/operator shall post and maintain a professional quality sign Police Department facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING 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 15. 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. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 16. The business shall not be operated in such a way as to be detrimental to Police Department the public health, safety, or welfare. PC2023-018 PC2023-018 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 17. 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) 18. There shall be no entertainment, amplified music or dancing permitted Police Department on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 19. The sale of alcoholic beverages for consumption off the premises is Police Department strictly prohibited. 20. There shall be no bottle service. Police Department 21. The owner/operator shall not share any profits or pay any percentage or Police Department commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 22. Doors shall remain closed at all times except in case of an emergency or Police Department deliveries. 23. All employees and patrons shall be clothed in such a way as to not Police Department expose "specified anatomical areas" as explained in Anaheim Municipal Code 7.16.060. 24. There shall be no requirement to purchase a minimum number of drinks. Police Department 25. Signs shall be posted at all exits stating, "No alcohol beyond this point." Police Department 26. There shall be no pay to play amusement machines or video game police Department devices maintained upon the premises at any time. 27. Managers/Owners shall contact the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program), RBS (Responsible Beverage Service), or similar certificate training for themselves and register employees. 28. Last call for alcohol shall be 1:30 AM and the establishment shall Police Department discontinue operations at 2:00 AM. GENERAL CONDITIONS OFAPPROVAL 29. The Applicant shall defend, indemnify, and hold harmless the City and Planning & Building its officials, officers, employees and agents (collectively referred to Department, Planning individually and collectively as "Indemnitees") from any and all claims, Services Division 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, PC2023-018 PC2023-018 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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. 30. The applicant is responsible for paying all charges related to the Planning & Building processing of this discretionary case application within 30 days of the Department, Planning issuance of the final invoice or prior to the issuance of building permits Services 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. 31. The business premises shall be developed substantially in accordance Planning & Building with plans and specifications submitted to the City of Anaheim by the Department, Planning petitioner, which plans are on file with the Planning Department, and as Services Division conditioned herein. PC2023-018 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Heather Flores, 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 5, 2023, by the following vote of the members thereof: AYES: Chairperson Kring, Commissioners Castro, Lieberman, Perez, Tran -Martin, and Walker NOES: Commissioner Henninger ABSTAIN: A-3.30US IN WITNESS WHEREOF, I have hereunto set my hand this 5fl' day of June 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-018