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Resolution-PC 2016-022RESOLUTION NO. PC2016-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061A FOR A TYPE 23, SMALL BEER MANUFACTURER (BREWERY) LICENSE 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. PC2009-116, determined that the public convenience or necessity will be served by the retail sales and on -premises consumption of alcoholic beverages associated with a brewery and tasting room 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"). Accordingly, the Planning Commission approved Public Convenience or Necessity No. 2009-00061 (the "Original PCN"). The conditions of approval which were the subject of the Original PCN shall be referred to herein as the "Previous Conditions of Approval'; and WHEREAS, the Planning Commission did receive a verified petition to approve Public Convenience or Necessity No. 2009-00061A to permit retail sales and on -premises consumption of alcoholic beverages in conjunction with an application for Conditional Use Permit No. 2009- 05460A to permit the expansion of an 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, the Property is approximately 0.68 acres in size and is currently developed with a 14,236 square foot industrial building. 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 Public Convenience or Necessity No. 2009-00061A and Conditional Use Permit No. 2009-05460A, 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 - 1 - PC2016-022 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 — 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 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 a determination under Public Convenience or Necessity No. 2009-00061 A that the public convenience or necessity will be served by the retail sales and on -premises consumption of alcoholic beverages at the Property by virtue of the expansion of the brewery and tasting room in accordance with Conditional Use Permit No. 2009- 05460A, now pending, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 9511-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of 'Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The Premises are located in a crime reporting district that is below the city average in 'reported crimes" (as defined in Section 23958.4) as determined from all crime reporting districts within the City of Anaheim. (b) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the Premises are located does not exceed the ratio of on -sale retail licenses to population in the county. (c) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the Premises are located exceeds the ratio of off -sale retail licenses to population in the county. 3. Notwithstanding the existence of the above -referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. - 2 - PC2016-022 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off -premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. The Premises is located within Census Tract No. 863.03 with a population of 6,212 that allows for seven (7) off -sale and seven (7) on -sale ABC licenses. There are presently four (4) off -sale and twenty-one (21) on -sale ABC licenses in the tract. The Premises is located in Police Reporting District No. 2028, which has a crime rate that is below the City-wide average; however, the Police Department evaluates these requests based on the crime rate within a one- quarter mile radius of the premises for the subject site. The crime rate within '/ mile of this Property is also below the City-wide average based upon calls for service. Since there is an overconcentration of on -sale licenses in the census tract, a determination of "public convenience or necessity" is required to be made for this request. 6. A determination of "public convenience or necessity" can be made based on the finding that the requested license, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and that the sale of beer for on-site consumption at this location would be a commodity provided to the community. 7. The expanded brewery and tasting room would serve as an added convenience to customers of this establishment. 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 find and determine that the public convenience or necessity will be served by the amendment of an existing ABC license governing the retail sales and on -premises consumption of alcoholic beverages at the Property and that, accordingly, Public Convenience or Necessity No. 2009- 00061A is hereby approved, contingent upon and subject to (1) the approval of Conditional Use Permit No. 2009-05460A, now pending, and (2) the conditions of approval set forth in Exhibit B 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 PCN and for Public Convenience or Necessity No. 2009- 00061 A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original PCN, as amended by Public Convenience or Necessity No. 2009-00061 A. - 3 - PC2016-022 BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under Public Convenience or Necessity No. 2009-00061 A, 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 Public Convenience or Necessity No. 2009-00061A 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. 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: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-022 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`" day of March, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-022 EXHIBIT "A" DEV NO. 2009-00037A U ova Source: Recorded Tract Maps and/or City GIS. reEr Please note the accuracy is +/- two to five feet. - 6 - PC2016-022 EXHIBIT "B" PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061A (DEV2009-00037A) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS I . 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 of being applied. 2. Security measures shall be provided to the satisfaction of the Anaheim Police Department Police Department. Such measures shall 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 premised. 3. Any and all security offices 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) 4. The business shall not be operated in such a way as to be detrimental to Police Department the public health safety, or welfare. 5. Petitioner shall not share any profits, or pay a percentage or commission Police Department to a promoted 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. 6. 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. 7. Managers, owners, and wait staff need to call the Department of Police Department Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714-558- 4101. 8. There shall be no admission fee, cover charge, nor minimum purchase Police Department required. - 7 - PC2016-022 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 9. Signs shall be posted inside all exit doors stating "No alcoholic Police Department beverages allowed past this point." GENERAL 10. 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. H. 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. 12. 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. - 8 - PC2016-022