Resolution-PC 2015-042 RESOLUTION NO. PC2015-042
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AND ADOPTING A NEGATIVE DECLARATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2015-05789 AND VARIANCE
NO. 2015-05014 AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2015-00029)
(500 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Pen-nit No. 2015-
05789 to permit a brewery, winery and distillery with on-premises sales and consumption of
alcoholic beverages, an outdoor patio and tasting area, and a retail store to include the sale of
beer and wine for off-premises consumption, and (ii) Variance No. 2015-05014 to allow fewer
parking spaces than required by the Anaheim Municipal Code (the "Code") and off-site parking
for the aforementioned uses. Conditional Use Permit No. 2015-05789 and Variance No. 2015-
05014 is proposed in conjunction with Detennination of Public Convenience or Necessity No.
2015-000117 related to the sale of alcoholic beverages for off-premises consumption in
conjunction with the aforementioned uses, and Zoning Code Amendment No. 2015-00126 to
allow Alcoholic Beverage Manufacturing (ABM) facilities and the sale of alcoholic beverages
for off-premises consumption in the Neighborhood Commercial district of the South Anaheim
Boulevard Corridor (SABC) Overlay zone (collectively referred to herein as the "Proposed
Project") for premises located at that certain real property at 500 South Anaheim Boulevard, 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, the Property is approximately 0.44 acres in size and is currently
developed with a 10,590 square foot vacant commercial building. The Anaheim General Plan
designates the Property for Low Medium Density Residential land uses. The Property is located
in the Neighborhood Commercial District of the South Anaheim Boulevard Corridor (SABC)
Overlay Zone and is subject to the zoning and development standards of the "C-NC"
Neighborhood Center Commercial Zone contained in Chapter 18.08 (Commercial Zones) of the
Code; provided, however, that the requirements of the SABC Overlay Zone, as set forth in
Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone shall apply to the
property and supersede any inconsistent regulations of the "C-NC" Neighborhood Center
Commercial.Zone; and
WHEREAS, a duly noticed public hearing was scheduled before the Planning
Commission at the Civic Center in the City of Anaheim on June 15, 2015 at 5:00 p.m. 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, 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 the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of 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, following preliminary review, the City prepared an Initial Study to
deten-nine if the Proposed Project may have a significant effect on the environment, which Initial
Study shows that there is no substantial evidence, in light of the whole record before the City,
that the Proposed Project may have a significant effect on the environment; and
WHEREAS, a draft Negative Declaration was prepared in accordance with CEQA,
the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical
environmental impacts of the Proposed Project. The Negative Declaration was circulated was
posted for a 20-day public/responsible agency review on May 21, 2015 and was also made
available for review on the City's website at www.anabeim.net. A complete copy of the
Negative Declaration is on file and can be viewed in the Planning Division of City Hall located
on the First Floor at 200 S. Anaheim Blvd., Anaheim, California. Copies of said document are
also available for purchase; and
WHEREAS, the City gave notice of its intent to adopt the Negative Declaration to (a)
the public pursuant to Section 15072(b) of the State CEQA Guidelines, (b) those individuals and
organizations, if any, that previously submitted written requests for notice pursuant to Section
15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with
jurisdiction over resources that will be affected by the Proposed Project pursuant to Section
15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to
Section 15072(a) of the State CEQA Guidelines; and
WHEREAS, the City intends and desires to use the Negative Declaration as the
environmental documentation required by CEQA, the State CEQA Guidelines and the City's
Local CEQA Procedure Manual for the Proposed Project; and
WHEREAS, based upon a thorough review of the Proposed Project and the Negative
Declaration and the comments received to date and the responses prepared, staff finds that the
Proposed Project will have a less than significant impact upon the environment with the
implementation of the conditions of approval attached to this Resolution; 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 Pen-nit No. 2015- 05789, does find
and determine the following:
1. The request for a conditional use permit to permit the Proposed Project is an
allowable use authorized by Subsection .010 of Section 18.36.040 (Alcoholic Beverage
Manufacturing) of the Code, subject to a conditional use permit and the zoning and development
standards of the underlying "C-NC" Neighborhood Center Commercial Zone pursuant to
subsection .010 (Primary Uses) of Section 18.08.030 (Uses) of Chapter 18.08 of the Code, and
further subject to City Council approval of Zoning Code Amendment No. 2015-000126 to allow
Alcoholic Beverage Manufacturing (ABM) facilities and the sale of alcoholic beverages for off-
premises consumption in the Neighborhood Commercial district of the South Anaheim
Boulevard Corridor(SABC) Overlay zone.
2. The conditional use permit, under the conditions imposed, will not adversely
affect the surrounding land uses and the growth and development of the area because the
Property is developed with a commercial building and there are a sufficient amount of spaces in
the off-site parking lots and structures to accommodate the parking demand for the businesses.
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3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health, safety and
general welfare.
4. The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because all customer
and employee traffic and parking will be provided in off-site public parking lots and structures in
the nearby downtown area.
5. The granting of Conditional Use Permit No. 2015-05789 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.
WHEREAS, based upon the parking management plan prepared by the City's traffic
and parking consultant, LSA Associates, to justify the parking variance, the Planning
Commission does further find and determine that the request for a variance for less parking than
required by the Code and off-site parking should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces,
(131 spaces required; 0 on-site spaces proposed)
1. Based upon a review of the findings of a parking management plan prepared by
the City's parking consultant, the variance, under the conditions imposed, 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 nonnal and reasonably
foreseeable conditions of operation of such use because ample and adequate parking is provided
within public parking structures located within a reasonable walkable distance (0.23 to 0.33
mile) from the Proposed Project; and
2. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use because ample and adequate parking is provided within public parking lots in the
downtown area. Moreover, a parking survey determined that less than 40 percent of these spaces
are utilized during the periods when the Proposed Project will experience its highest parking
demand; and
3. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of
the proposed use because ample and adequate parking is provided within public parking lots in
the downtown area within a reasonable walking distance; and
4. That the variance, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because
because ample and adequate parking is provided within public parking lots in the downtown area
within a reasonable walking distance; and
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5. That the variance, under the conditions imposed, 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 Packing District will operate a free shuttle within the downtown
area to shorten the walking distance from available parking spaces to the project site.
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 by the Planning Commission as follows:
I. That the Negative Declaration has been prepared in compliance with the
requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure
Manual and serves as the appropriate environmental documentation for the Proposed Project; and
2. That the Planning Commission has carefully reviewed and considered the
information contained in the Negative Declaration (including the Initial Study and any comments
received during the public review period) prior to acting upon the Proposed Project; and
3. Based upon the record before it (including the Initial Study and any comments
received), the Planning Commission finds that the Proposed Project will have a less than
significant impact upon the environment and that the Negative Declaration reflects the
independent judgment and analysis of the Planning Commission and the City of Anaheim; and
4. The Negative Declaration are hereby approved and adopted; and
5. The Negative Declaration together with the Initial Study and other materials
which constitute the record of the proceedings upon which the decision of the Planning
Commission is based are on file in the Planning Division of the City of Anaheim located on the
First Floor at 200 S. Anaheim Blvd., Anaheim, California; and
6. City staff is authorized and directed to file with the Clerk of the County of Orange
a Notice of Determination following adoption of this Resolution in accordance with Section
15075(a) of the State CEQA Guidelines.
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BE IT FURTHER. RESOLVED that, based upon the aforesaid findings and
determinations, the Planning Commission does hereby approve Conditional Use Pen-nit No.
2015-05789 and Variance No. 2015-05014, contingent upon and subject to (1) the adoption by
the City Council of Zoning Code Amendment No. 2014-00126, an ordinance that will allow
Alcoholic Beverage Manufacturing facilities and the sale of alcoholic beverages for off-prernises
consumption in the Neighborhood Commercial district of the South Anaheim Boulevard
Corridor Overlay zone; and (2) approval of Public Convenience or Necessity No. 2015-00117
related to the sale of alcoholic beverages for off-premises consumption in conjunction with the
aforementioned uses, both of which entitlements are now pending, and further 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 under Conditional Use Permit No. 2015-05789 and Variance No. 2015-05014
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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of'June 15, 2015. 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.
CHAIR AN, PLA N OMMISSION
OFT CITY OF A M
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 15, 2015 by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK., CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of June, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00029
APN: 251-084-08
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Source:Recorded Tract Maps and/or City GIS.
Please note the accuracy is+/-two to five feet.
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EXHIBIT "c "
CONDITIONAL USE PERMIT NO. 2015-05789 AND
VARIANCE NO. 2015-05014
( EV2015-00029)
RESPONSIBLE
CONDITIONS APPROVAL DEPARTMENT
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1 The location(s) for future above-ground utility devices including, Planning Department,
but not limited to, electrical transformers,water backflow devices, Code Enforcement
gas, communications and cable devices, etc., shall be shown on the Division
plans submitted for building permits. Said plans shall also identify
the specific screening treatment of each device (i.e., landscape
screening, color of walls, materials, identifiers, access points, etc.)
and shall be subject to the review and approval of the appropriate
City departments.
2 The developer shall submit street improvement plans for work within Public Works
public right-of-way to the Public Works Department, Development Department,
Services Division and a bond shall be posted to guarantee the Development Services
construction of all public works improvements. The improvements Division
shall be constructed prior to final building and zoning inspections.
3 The property owner (the City, as the Successor Agency to the Public Works
Anaheim Redevelopment Agency), after receiving authority from Department,
the State of California to convey property, shall irrevocably offer to Development Services
dedicate to the City of Anaheim an easement of 53 feet in width, and Division
to the edge of the existing building, from the centerline of Anaheim
Boulevard for road,public utilities and other public purposes.
P OR TO'FINAL BUILDING AND ZONING INSPECTIONS
4 An Encroachment License shall be executed by the owner and Public Works
recorded for any non-standard/private improvements that encroach Department,
over the public right-of-way line. Development Services
Division
OP'ERATIOIVAL CONDITIONS OF APPROVAL
5 The availability of parking for this building shall be operated in Planning Department,
accordance with the Parking Management Plan submitted as part of Planning Services
this application. Any changes to the business operation as described Division
in that document shall be subject to review and approval by the
Planning Director to determine substantial conformance to ensure
compatibility with the surrounding uses.
6 Security measures shall be provided to the satisfaction of the Police Department
Anaheim Police Department and to prevent disturbances to the
neighborhood by excessive noise created by patrons entering or
leaving the premises.
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RESPONSIBLE
NO. CONDITIONS OF APPROVAL DEPARTMENT
7 The business shall not be operated in such a way as to be detrimental Police Department
to the public health, safety, or welfare of the surrounding area.
8 There shall be no admission fee, cover charge, nor minimum Police Department
purchase of alcoholic beverages required,
9 All businesses shall be open no later than 12:00 midnight seven days Police Department
a week.
10 All persons serving or otherwise dispensing alcoholic beverages Police Department
shall be 21 years old or older.
11 Persons serving alcohol shall not consume any alcoholic beverages. Police Department
12 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
on an approved sign near the main exit from the room. (Section
25.114(a) Uniform Fire Code).
13 Alcoholic beverages shall only be sold and served in distinctive cups Police Department
with a logo from the location it has been dispensed from. No other
cups may be used for the dispensing of alcoholic beverages. Said
containers shall be distinct and different than containers of non-
alcoholic beverages.
14 If there is a gate/door in the perimeter fence for the patio, there shall Police Department
be a sign stating"No alcohol beyond this point". The gate shall also
be self-closing.
15 There shall be a security guard or employee in the outdoor patio area Police Department
any time patrons are present.
16 Entertainment shall not be allowed in the outdoor patio area. Police Department
Outdoor events and/or entertainment, if any, shall be subject to
issuance of a Special Event Permit and all applicable regulations of
the Anaheim Municipal Code.
17 A security plan shall be submitted to the Chief of Police or his/her Police Department
designee for review and approval prior to operation of the business.
The plan shall include the number of security personnel that will be
provided,job duties and description, procedures on communication,
ID check, occupancy load and a detailed description of how
problems and problem guests will be handled.
18 The licensee(s) shall not maintain or construct any type of enclosed Police Department
room intended for use by patrons or customers for any purpose.
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RESPONSIBLE
NO. CONDITIONS OF APPROVAL DEPARTMENT
This does not include storage, manufacturing or office areas to be
used exclusively by the licensee(s).
19 Petitioner shall police the area under their control in an effort to Police Department
prevent the loitering of persons around the premises.
GENERAL CON01TIONS OF,APPROVAL
20 No unscreened roof-mounted equipment shall be pennitted on the Planning Department,
building. Code Enforcement
Division
21 Trash storage area(s) shall be refurbished and maintained in Public Works, Streets
location(s) acceptable to the Public Works Department, Streets and Sanitation Division
and Sanitation Division, and in accordance with approved plans on
file with said Department. Said storage area(s) shall be designed,
located and screened so as not to be readily identifiable from
adjacent streets or highways. The walls of the storage area(s) shall
be protected from graffiti opportunities by the use of plants such
as minimum one (1) gallon sized clinging vines planted on
maximum three (3) foot centers, or tall shrubbery.
22 Adequate lighting of passageways, recesses, and grounds contiguous Police Department,
to buildings shall be provided with lighting of sufficient wattage to Planning & Research
provide adequate illumination to make clearly visible the presence of Unit
any person on or about the premises during the hours of darkness
and provide a safe, secure environment for all person, property, and
vehicles on-site.
23 Any graffiti painted or marked upon the premises or on any adjacent Planning Department,
area under the control of the property owner shall be removed or Code Enforcement
painted over within 24 hours of being applied. Division
24 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 detenninations taken, done, or made prior to the decision, or to
detennine 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.
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