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Resolution-PC 2014-085RESOLUTION NO. PC2014 -085 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014 -05737 AND VARIANCE NO. 2014 -04975 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00048) (1174 NORTH GROVE STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2014 -05737 to permit a brewery and a tasting room with an outdoor patio and Variance No. 2014 -04975 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") for that certain real property located at 1174 North Grove Street, 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 "). Conditional Use Permit No. 2014 -05737 is proposed in conjunction with a request that the Planning Commission determine that the public convenience or necessity will be served by the issuance by the California Department of Alcoholic Beverage Control ( "ABC ") of a Type 23 (Small Beer Manufacturer) license (herein referred to as "Public Convenience or Necessity No. 2014- 00107 ") to permit the sale of beer for consumption on or off the licensed premises (herein referred to collectively as the "Proposed Project "); and WHEREAS, the Property is currently developed with an industrial building. The Property is located in the Transit Core Area (Development Area 4) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP94 -1) Zoning and Development Standards) of the Code combined with the zoning and development standards of the underlying, base zone for Development Area 4, which is the "O -L" Low Intensity Office Zone. Unless otherwise indicated in Chapter 18.120 of the Code, the standards of the "O -L" Low Intensity Office Zone contained in Chapter 18.08 (Commercial Zones) of the Code shall apply to the Property. The Anaheim General Plan designates this Property for Non - Residential Mixed Use land uses; and WHEREAS, the Proposed Project is a use not expressly authorized or permitted in the Transit Core Area (Development Area 4) or the "O -L" Low Intensity Office Zone but is authorized in the "C -R" Regional Commercial Zone, the "C -G" General Commercial Zone, and the "I" Industrial Zone as an "alcoholic beverage manufacturing" use in accordance with Section 18.38.025 (Alcoholic Beverage Manufacturing) of Chapter 18.38 (Supplemental Use Regulations) of the Code. Pursuant to the authority conferred upon the Planning Director by Section 18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and, specifically, paragraph .0202 of Subsection .020 (Unlisted Uses Permitted), the Planning Director has found and determined that the Proposed Project is similar to, and compatible with, the uses conditionally permitted in paragraph .0518 of Subsection .050 (Conditional Uses and Structures) of Section 18.120.090 of the Code. That is, the Proposed Project is similar to a restaurant with on- premises sale and consumption of alcoholic beverages and, therefore, has been determined by the Planning Director to be a use which may be conditionally permitted in the Transit Core Area (Development Area 4) and the "O -L" Low Intensity Office Zone; and - 1 - PC2014 -085 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 22, 2014 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 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; 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 Proposed Project is 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 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. 2014 - 05737, does find and determine the following facts: 1. Pursuant to the authority conferred upon the Planning Director by Section 18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and, specifically, paragraph .0202 of Subsection .020 (Unlisted Uses Permitted), the Planning Director has found and determined that the Proposed Project is similar to, and compatible with, the uses conditionally permitted in paragraph .0518 of Subsection .050 (Conditional Uses and Structures) of Section 18.120.090 of the Code. Therefore, the proposed request to permit a brewery and tasting room with an outdoor patio is a use which may be conditionally permitted in the Transit Core Area (Development Area 4) and the "O -L" Low Intensity Office Zone; and 2. The proposed conditional use permit to permit a brewery and tasting room with an outdoor patio would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the building is surrounded by compatible buildings and uses; and, the peak hours of the tasting room operation will be in the evening and off -set from the standard industrial operating hours of the surrounding uses; and 3. The size and shape of the site is adequate to allow the full development of the brewery and tasting room with an outdoor patio, in a manner not detrimental to either the particular area or health and safety because the business would be located within an existing industrial building that is surrounded by other industrial businesses; and 4. The traffic generated by the brewery and tasting room with an outdoor patio 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 anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use; and -2- PC2014 -085 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area, subject to compliance with the conditions contained herein. WHEREAS, the Planning Commission does further find and determine that the request for a variance to allow fewer parking spaces than required by the Code in conjunction with the brewery and tasting room with an outdoor patio should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (94 spaces required; 65 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. A parking justification letter was prepared by the applicant, determining that the current number of parking spaces within the industrial property and the property located at 1177 North Grove Street is sufficient to accommodate the uses on the site. Additionally, the peak operating hours for the tasting room will be in the evenings when the brewery operations and offices will be closed; 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the proposed parking will adequately accommodate the peak parking demands of the proposed brewery and tasting room by providing spaces on the site and on the adjacent 1177 North Grove Street property; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on and off -site parking for the brewery and tasting room will adequately accommodate peak parking demands for the uses on the site; 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the brewery and tasting room. 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 -3 - PC2014 -085 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. 2014 -05737 and Variance No. 2014 - 04975, 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 the Property 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(s), (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 September 22, 2014. 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. CHAI MAN, PLA OMMISSION O CITY OF A IM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -085 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 September 22, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 22 day of September, 2014. " -9�� � - -,-;;; � �- SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2014 -085 EXHIBIT "A" DEN'2014 -00048 1 APN: 345- 131 -09 I Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +l- two to five feet. -6- PC2014 -085 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014 -05737 AND VARIANCE NO. 2014 -04975 (DEV2014- 00048) -7- PC2014 -085 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT WITHIN 60 DAYS OFAPPROVAL OF THIS PERMIT 1 The developer shall submit to the Public Works Department, Development Public Works, Services Division street improvement plans for the City Engineer approval. Development Services The plans shall include the installation and construction of sidewalk east of the northeasterly driveway. The sidewalk improvement plans shall be prepared in accordance with the City of Anaheim Standard 110 -13 or as allowed by the City Engineer. The applicant shall obtain a right of way construction permit and the improvements shall be constructed within 60 days after the approval of this conditional use permit. 2 The applicant has entered into a lease agreement with the property at 1177- Planning Department, 1179 North Grove Street. Pursuant to the lease agreement, 16 parking Planning Services spaces exist and are available for the use of the applicant. Division The property located at 1177 -1179 North Grove Street used for off -site parking shall be under agreement approved as to form by the City Attorney. The agreement shall be recorded in the Office of the County Recorder, and a recorded copy filed with the Planning Department and, further, shall specify the number and location of the off -site parking spaces and assure that the spaces shall be accessible and available at all times for parking in conjunction with the use for which the parking spaces are required. ON -GOING DURING PROJECT OPERATIONS 3 Any Graffiti painted or marked upon the premises or on any adjacent area Police Department under the control of the licensee shall be removed or painted over within 24 hours of being applied. 4 There shall be no exterior advertising or sign of any kind or type, including Police Department 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. 5 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. -7- PC2014 -085 - 8 - PC2014 -085 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 6 Any and 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. (Section 4.16.070 Anaheim Municipal Code). 7 Petitioner shall not share any profits, or pay any percentage or commission Police Department 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. 8 There shall be no entertainment, amplified music or dancing permitted on Police Department the premise at any time unless the proper permits have been obtained from the City of Anaheim. 9 The number of persons attending the event shall not exceed the maximum Police Department occupancy load 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). 10 There shall be no amplified music in the patio area. Police Department 11 Managers, owners, and wait staff need to call the Department of Alcoholic Police Department Beverage Control and Police Department obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714 -558 -4101. 12 There shall be no admission fee, cover charge, nor minimum purchase Police Department required. 13 Individual signs shall be posted inside the brewery near all exit doors, Police Department including the patio entrance /exit stating "No alcoholic beverages allowed past this point." 14 All entrances to parking areas shall be posted with appropriate signs per Police Department 22658(a) C.V.C., to assist in removal of vehicles at the property owners /managers request. 15 Rear entrance doors shall be numbered with the same address numbers or Police Department suite number of the business. Minimum height of 4" recommended. 16 Rooftop address numbers are required to be visible to the police helicopter. Police Department Minimum size 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. - 8 - PC2014 -085 -9- PC2014 -085 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 17 Address numbers shall be positioned so as to be readily readable from the Police Department street. Numbers should be visible during hours of darkness. 18 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department lots /structures and located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. GENERAL 19 The subject Property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the applicant Planning Services and which plans are on file with the Planning Department, and as Division conditioned herein. 20 Conditions of approval related to each of the timing milestones above shall Planning Department, be prominently displayed on plans submitted for permits. For example, Planning Services conditions of approval that are required to be complied with prior to the Division issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 21 The applicant is responsible for paying all charges related to the processing Planning Department, of this discretionary case application within 30 days of the issuance of the Planning Services final invoice or prior to the issuance of building permits for this project, Division 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. 22 The Applicant shall defend, indemnify, and hold harmless the City and its Planning Department, officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees ") from any and all claims, 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, 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 Employees shall park in the off -site parking lot at 1177 -1179 North Grove Planning Department, Street from 5:00 p.m. to closing daily. Planning Services Division -9- PC2014 -085