Resolution-PC 2015-055RESOLUTION NO. PC2015-055
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05811
AND VARIANCE NO. 2015-05026 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2015-00065)
(2210 AND 2220 EAST ORANGEWOOD AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015-
05811 to permit a beer tasting room with an outdoor patio within a portion of an existing
industrial building, and (ii) Variance No. 2015-05026 to allow fewer parking spaces than
required by the Anaheim Municipal Code (the "Code") (collectively referred to herein as the
"Proposed Project") for premises located at 2210 and 2220 East Orangewood 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, the Property is approximately 2.5 acres in size and is currently
developed with an industrial building. The Anaheim Genreral Plan designates the Property
for Mixed Use land uses. The Property is located in the "I" Industrial Zone and in the
Platinum Triangle Mixed Use Overlay Zone ("PTMU Overlay Zone"), meaning that the
provisions of the PTMU Overlay Zone shall apply to the Property in addition to and, where
inconsistent therewith, shall supersede any regulations of the "I" Industrial Zone of the Zoning
Code (the "Code");
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 10, 2015 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 proposed
Conditional Use Permit No. 2015-05811 and Varaince No. 2015-05026, 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 effects of the Proposed Project are typical of those
generated within that class of projects (i.e., Class 11 — Accessory Structures) which consists of
construction, or replacement of minor structures accessory to (appurtenant to) existing
commercial, industrial, or institutional, and that, therefore, pursuant to Section 15311 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
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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. 2015-
05811, does find and determine the following:
1. The proposed request to permit a beer tasting room with an outdoor patio
within a portion of an existing industrial building is properly one for which a conditional use
permit is authorized under the classes of allowable primary uses set forth in Table 10-A
(Primary Uses: Industrial Zone) as 'Bars and Nightclubs", as referenced in paragraph .0402 of
subsection .040 of Section 18.10.030 (Uses) of the Code.
2. The proposed conditional use permit to permit a beer tastng room and
outdoor patio, as conditioned herein, would not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located because the beer
tasting room would be located within a small portion of an existing building surrounded by
compatible buildings and uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the beer tasting room and outdoor patio in a manner not detrimental to the
particular area or to the health and safety because the facility would be located within an
existing industrial building that is surrounded by industrial and mixed use land uses.
4. The traffic generated by the beer tasting room and 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.
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 as the
proposed land use will continue to be integrated with the surrounding mixed use area and
would not pose a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, because the number of parking spaces required by the Code for all
uses, including the Proposed Project, is less than the actual number of parking spaces that
exist, a variance must be approved for the Property; and
WHEREAS, based upon the request letter submitted by the applicant, the Planning
Commission does further find and determine that the request for a variance for less parking
than required by the Code should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(118 spaces required; 56 spaces proposed)
1. The variance for the Property, under the conditions imposed, will not cause
fewer off-street parking spaces to be provided for the Property, including the
proposed beer tasting room and outdoor patio, than the number of such spaces
necessary to accommodate all vehicles attributable to all uses at the Property
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under the normal and reasonably foreseeable conditions of operation of such
uses. With respect to the other industrial use, the observations made by staff
indicate that the number of parking spaces needed and used therefor are less
than the number of spaces that exist, let alone the minimum number of spaces
required by the Code since the industrial building is currently vacant and
unoperational;
2. That the variance for the Property, 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 the on-site
parking will adequately accommodate the peak parking demands of the
combined uses on the site;
3. That the variance for the Property, under the conditions imposed, will not
increase the demand and competition for parking spaces upon adjacent private
property in the immediate vicinity of the Property because the on-site parking
for the industrial building, including the proposed beer tasting room, will
adequately accommodate peak parking demands of all uses on the site;
4. That the variance for the Property, under the conditions imposed, will not
increase traffic congestion within the off-street parking areas or lots provided
for the Property because the Property provides adequate ingress and egress
points, which are designed to allow for adequate on-site circulation; and
5. That the variance for the Property, 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 Property because the Property 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 Property.
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. No. 2015-05811 and Variance No. 2015-05026,
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 Variance No. 2015-05026 and
Conditional Use Permit No. 2015-05811 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 10, 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.
.0
CH I AN, 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 August 10, 2015 by the following vote
of the members thereof-
AYES:
hereof
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 10a' day of August, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00065
E ORANGEWOOD AVE
/1 of Source: Recorded Tract Maps and/or City GIS,
V Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05811
VARIANCE NO. 2015-05026
(DEV2015-00065)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1'
Any graffiti painted or marked upon the premises or on any adjacent
Planning & Building
area under the control of the business owner shall be removed or
Department, Code
painted over within 24 hours of being applied.
Enforcement Division
2.
The business shall be operated in accordance with the Letter of
planning & Building
Request submitted as part of this application. Any changes to the
Department, Planning
business operation as described in that document shall be subject to
Services Division
review and approval by the Planning Director to determine substantial
conformance with the Letter of Request and to ensure compatibility
with the surrounding uses.
3.
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.
4.
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.
5.
Any and all security officers provided shall comply with all State and
Police Department
Local 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).
6.
Petitioner 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.
7.
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.
8.
The number of persons attending the event shall not exceed the
Police Department
maximum occupancy load as determined by the Anaheim Fire
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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).
9.
There shall be no amplified music in the patio area.
Police Department
10.
Managers, owners, and wait staff need to call the Department of
Police Department
Alcoholic Beverage Control and Police Department obtain LEAD
(Licensee Education on Alcohol and Drugs Program) Training. The
contact number is 714-558-4101.
11.
There shall be no admission fee, cover charge, nor minimum purchase
Police Department
required.
12.
Individual signs shall be posted inside the tasting room and patio near
Police Department
all exit doors, including the patio entrance/exit stating "No alcoholic
beverages allowed past this point."
GENERAL CONDITIONS OFAPPROVAL
13.
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
Services 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
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.
14.
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.
15.
The premises of the fitness facility shall be developed substantially in
Planning & Building
accordance with plans and specifications submitted to the City of
Department, Planning
Anaheim by the petitioner, which plans are on file with the Planning
Services Division
Department, and as conditioned herein.
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