Resolution-PC 2016-021RESOLUTION NO. PC2016-021
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2009-05460A TO PERMIT AN
EXPANSION OF A BREWERY AND TASTING ROOM AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2009-00037A)
(1621 SOUTH SINCLAIR STREET)
WHEREAS, on October 26, 2009, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (hereinafter referred to as "Planning
Commission"), by its Resolution No. PC2009-115, did approve Conditional Use Permit No.
2009-05460 (the "Original CUP") to permit a brewery and tasting room with retail sales and on -
premises consumption of alcoholic beverages within a portion of an industrial business complex
located at 1621 South Sinclair 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 (herein referred to as the "Property"). The conditions of approval which
were the subject of the Original CUP shall be referred to herein as the 'Previous Conditions of
Approval"; and
WHEREAS, the Planning Commission did receive a verified petition to approve an
amendment to the Original CUP, designated as "Conditional Use Permit No. 2009-05460A", to
permit the expansion of the existing brewery and tasting room into an adjacent tenant space such
that the brewery would occupy the entire building located at 1621 South Sinclair Street (herein
referred to as the "Proposed Project'; and
WHEREAS, in conjunction with the petition to approve Conditional Use Permit No.
2009-05460A, the Planning Commission also received a verified petition for an amendment to
that certain determination of Public Convenience or Necessity No. 2009-00061, designated as
"Determination of Public Convenience or Necessity No. 2009-00061A", related to the retail sales
and on -premises consumption of alcoholic beverages in conjunction with the aforementioned
brewery and tasting room; and
WHEREAS, the Property is approximately 0.68 acres in size and is currently developed
with a 14,236 square foot industrial building. The Property and surrounding properties are owned
by the same property owner, and this owner has agreed to allow the brewery to use shared
parking spaces on all properties as depicted on the map attached hereto as Exhibit B. The
Anaheim General Plan designates the Property for industrial land uses. The Property is located
within the "I" Industrial Zone. As such, the Property is subject to the zoning and development
standards described in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the
"Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 7, 2016 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. 2009-05460A, and to investigate and make findings and recommendations in
connection therewith; and
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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
WHEREAS, 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 1 —
Exisfing 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 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
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. 2009-05460A, does find
and determine the following:
1. The proposed request to permit the expansion of a brewery and tasting room with
retail sales and on -premises consumption of alcoholic beverages located in an existing industrial
business complex is an allowable use within the "I" Industrial Zone under subsection .010 of
Section 18.10.030 (Uses) of Chapter 18.10 (Commercial Zones) of the Code, subject to a
conditional use permit and the zoning and development standards of the "P' Industrial Zone.
2. The proposed request to permit the expansion of a brewery and tasting room with
retail sales and on -premises consumption of alcoholic beverages would not adversely affect the
surrounding land uses and the growth and development of the area in which it is proposed to be
located because the Property is currently developed with an industrial building, a portion of
which is currently used by the brewery and tasting room, and the proposed entire use of the
Property as a brewery and tasting room is compatible with the existing uses within the industrial
complex and other uses in the surrounding area.
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently improved with an industrial
building, no expansion to the building is proposed, and sufficient parking will be provided on the
properties as shown on Exhibit B.
4. The traffic generated by permitting the expansion of a brewery and tasting room with
retail sales and on -premises consumption of alcoholic beverages would not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the number of vehicles entering and exiting the Property are consistent with the
permitted businesses within the surrounding industrial business complex.
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5. The granting of Conditional Use Permit No. 2009-05460A under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim.
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 detract from 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 the Planning Commission does hereby
approve Conditional Use Permit No. 2009-05460A, contingent upon and subject to (1) the
approval of Determination of Public Convenience or Necessity No. 2009-00061A, now pending,
and (2) the conditions of approval set forth in Exhibit C attached hereto and incorporated herein
by this reference (herein referred to as the "Revised Conditions of Approval").
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution,
the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and
hereby replace the Previous Conditions of Approval in their entirety. All references to the
conditions of approval for the Original CUP and for Conditional Use Permit No. 2009-05460A
shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit C, which
shall control and govern the Original CUP, as amended by Conditional Use Permit No. 2009-
05460A.
BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to
the uses permitted under Conditional Use Permit No. 2009-05460A, 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 that relate to the uses permitted under
Conditional Use Permit No. 2009-05460A 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 this 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.
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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 March 7, 2016. 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, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
a—a
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 March 7, 2016, by the following vote of
the members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2016.
IN WITNESS WHEREOF, I have hereunto set my hand this 7`h day of March,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2009-00037A
Oovo Source: Recorded Tract Maps and/or City GIS.
v..a� Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
DEV NO. 2009-00037A
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Key to Features
Subject Property
— Legal Lot Lines
Shared Parking Program Parcels
qty
yJ
h
25361202
w/207'/
5361203
1/71'
25362101
25361204
4
3
W_
C>
C
0
H
H
APN:
253-612-02
253-612-03
253-612-04
S SINCLAIR ST
253-621-01
Source_ Recorded Tract Maps and/or City GIS.
F,.t
Please note the accuracy is +/- two to five feet.
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EXHIBIT "C"
CONDITIONAL USE PERMIT NO. 2009-05460A
(DEV2009-00037A)
NO.
CONDITIONS OF APPROVAL 7
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OFA BUILDING PERMIT
1
All requests for new water services, backflow equipment, or fire
Public Utilities
lines, as well as any modifications, relocations, or abandonments of
Department,
existing water services, backflow equipment, and fire lines, shall be
Water Engineering
coordinated and permitted through Water Engineering Division of
Division
the Anaheim Public Utilities Department.
OPERATIONAL CONDITIONS
2
Prior to the operation of the expanded brewery and tasting room, the
Planning Department,
applicant shall enter into, and maintain at all times, an agreement in a
Planning Services
form satisfactory to the City Attorney, which shall be recorded in the
Division
Official Records of the County of Orange and will provide shared
parking between the subject property and separate abutting properties
to support the availability of site sufficient parking to meet the parking
demands of the use for which the parking spaces are required.
3.
Brewing Operations:
Planning Department,
Brewing operations take place during standard business hours.
Planning Services
Division
Brewery Tours and Tasting Room Hours:
Monday through Thursday 4:30 p.m. to 11:00 p.m., Fridays 4:00 p.m.
to midnight, Saturdays noon to midnight, and Sundays noon to 8:00
p.m.
Special Events:
A maximum of four events per year including an anniversary event in
January, a chili and barbeque cook -off in the spring, and an annual
"Anaheim Brewing Festival" in the fall. These events shall occur
exclusively on the weekends and shall be located onsite in the parking
lot area. Outdoor activities are subject to review and approval by all
applicable City departments. All accessory permits shall be obtained as
deemed necessary.
INDUSTRIAL COMPLEX
4.
The owner of the Property shall be responsible for maintaining the
Planning Department,
Property in an orderly fashion through the provision of regular
Code Enforcement
maintenance and removal of trash or debris. Any graffiti painted or
Division
marked upon the buildings making up the subject Property shall be
removed or painted over within 24 hours of being applied.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
5.
Adequate lighting of parking lots, passageways, recesses, and grounds
Police Department
contiguous to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly visible the
presence of 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. All exterior doors shall have their own
light source, which shall adequately illuminate door areas at all hours
to make clearly visible the presence of any person on or about the
premises and provide adequate illumination for persons exiting the
building.
6.
No required parking area shall be fenced -off or otherwise enclosed for
Planning Department,
outdoor storage uses.
Code Enforcement
Division
GENERAL
7.
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
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.
8.
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
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.
9.
The subject Property shall be developed, used and maintained
Planning Department,
substantially in accordance with plans and specifications submitted to
Planning Services
the City of Anaheim by the petitioner and which plans are on file with
Division
the Planning Department, and as conditioned herein.
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