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Resolution-PC 2016-100RESOLUTION NO. PC2016-100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05890 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00015) (2130 EAST ORANGEWOOD AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2016-05890 to conditionally permit off-site parking for a brew pub with an outdoor dining and recreation area at 2130 East Orangewood Avenue in the City of Anaheim (the Property"),; The Property is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property, consisting of approximately 1.3 acres, is developed with an industrial building. The Land Use Element of the Anaheim General Plan designates the Property for "M -U" Mixed Use land uses. The Property is located in both the "I" Industrial Zone and the Platinum Triangle Mixed Use (PTMU) Overlay Zone. Generally, the development standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code (the "Code") supersede the regulations of the underlying zone, i.e., that of the "I" Industrial Zone. However, the provisions of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) do not apply to parcels that have been, or are proposed to be, developed entirely under the "I" Industrial Zone, which is the case with the Proposed Project; and WHEREAS, Conditional Use Permit No. 2016-05890 is proposed in conjunction with a request for a determination of "Public Convenience or Necessity" to conditionally permit the sale of alcoholic beverages for on- and off -premises consumption in conjunction with a brew pub at the Property, which request is designated as "Public Convenience or Necessity No. 2016-00131 ". Conditional Use Permit No. 2016-05860, Variance No. 2016-05066, Public Convenience or Necessity No. 2016-00131 and Conditional Use Permit No. 2016-05890 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 28, 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 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 Implementation of the California Environmental Quality Act (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 - PC2016-100 WHEREAS, this Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 32 — In -fill Development Projects) which consists of in- fill development meeting the conditions described in Section 15332 of the CEQA Guidelines. Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation and all applicable General Plan policies and is consistent with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, this Planning Commission finds and determines that 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 pertaining to the request for Conditional Use Permit No. 2016-05890, does find and determine the following facts: 1. The proposed request to permit off-site parking for a brew pub with an outdoor dining and recreation area is an allowable use within the "I" Industrial Zone under Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code, subject to a conditional use permit and the zoning and development standards of the "I" Industrial Zone. 2. The use proposed under Conditional Use Permit No. 2016-05890, under the conditions imposed, are compatible with the existing industrial uses in the surrounding area. 3. The size and shape of the site for the use proposed under Conditional Use Permit No. 2016-05890 are, under the conditions imposed, adequate to allow the full development of the proposed uses in a manner not detrimental to the particular area or to the health and safety because the facilities on the Property will adhere to all required land use standards. 4. The traffic generated by the uses proposed under Conditional Use Permit No. 2016- 05890, under the conditions imposed, 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. 5. The granting of Conditional Use Permit No. 2016-05890, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. 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. - 2 - PC2016-100 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2016-05890, contingent upon and subject to (i) approval of Conditional Use Permit No. 2016-05860, Variance No. 2016-05066 and Public Convenience or Necessity No. 2016-00131 now pending, and (ii) 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. 2016-05890 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 November 28, 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2016-100 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 November 28, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 281h day of November, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-100 EXHIBIT "A" DEV NO. 2016-00015 APN: 083-271-13 083-272-01 0 z O a v E ORANGEWOOD AVE 157' 00, 3h 311' Parcel B Parcel A coCD N P— CN N N 180' O 363' H z O A D a LA a so ioo Source: Recorded Tract Maps and/or City GIS. � Please note the accuracy y is +/- two to five feet. - 5 - PC2016-100 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05890 (DEV2016-00015) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The building shall be equipped with an alarm system (silent or Police Department audible). 2 Complete a Burglary/Robbery Alarm Permit application, Form APD Police Department 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www. anaheim.net/article. asp?id=678 3 All exterior doors to have adequate security hardware, e.g. deadbolt Police Department locks. OPERATIONAL CONDITIONS 4 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without Police Department limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) 5 Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings, shall be provided with Police Department enough lighting to illuminate and 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 persons, property, and vehicles onsite. 6 Security measures shall be provided to the satisfaction of the Police Department Anaheim Polices Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 7 Any Graffiti painted or marked upon the premises or on any Police Department adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 8 The petitioner shall be responsible for maintaining free of litter the Police Department area adjacent to the premises over which they have control, as depicted. 9 The number of persons occupying the premises shall not exceed the Police Department maximum 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). - 6 - PC2016-100 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. Police Department 11 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. Police Department 12 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons about the business premises. 13 No required parking area shall be fenced -off or otherwise enclosed Planning and Building for outdoor storage uses. Department, Code Enforcement Division 14 Adequate lighting of parking lots, driveway, circulation areas, aisles, Police Department passageways, recesses and grounds 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 persons, property, and vehicles on-site. 15 All truck maneuvers shall be performed on-site. Trucks shall not Public Works, back in from or back up into Dupont Drive. Traffic Engineering 16 A valet parking operator shall be employed on days when special Planning and Building events are scheduled to occur in the evening or when lunchtime Department, event attendance will exceed 50 guests. On days when valet service Planning Services will be utilized, access to the building at 2130 East Orangewood Division Avenue shall be controlled from the beginning of the operating day. Valet attendants shall begin serving customers by noon or one hour before the start of the event, whichever is earlier. 17 The off-site parking shall be limited to the patrons and employees of Planning and Building Golden Road Brewing. An executed agreement to provide off-site Department, parking on the property to the east, as described in the parking study, Planning Services in a form satisfactory to the City Attorney, shall be submitted to the Division Planning Services Division. Said agreement shall remain in full force and effect at all times. The parking shall not be used for Angel Stadium event parking at any time. 18 The applicant shall be responsible for maintaining the area adjacent Planning and Building to the premises over which they have control, in an orderly fashion Department, through the provision of regular maintenance and removal of trash or Code Enforcement debris. Any graffiti painted or marked upon the premises or on any Division adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. - 7 - PC2016-100 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 19 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all Planning Services charges shall result in delays in the issuance of required permits or Division may result in the revocation of the approval of this application. 20 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Planning Services Indemnitees to attack, review, set aside, void, or annul the Division 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. 21 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Planning Services Department and as conditioned herein. Division - 8 - PC2016-100