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Resolution-PC 2018-020RESOLUTION NO. PC2018-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05943 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00111) (3191 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05943 to conditionally permit the establishment and operation of a brewery to include ancillary offices, tasting room, outdoor patio, live entertainment, on and off -premises sales and consumption of beer, banquet hall, and a mural visible from the public right-of-way at 3191 East La Palma 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 4.29 acres, is developed with an existing industrial building. The Land Use Element of the Anaheim General Plan designates the Property for "I -L" Industrial land uses. The Property is located in the Anaheim Canyon Specific Plan, Development Area 1 (Industrial Area); and WHEREAS, Conditional Use Permit No. 2017-05943 has been requested to conditionally permit the sale of beer for on- and off -premises consumption in conjunction with a brewery, and to permit a banquet hall, with live entertainment at the Property. Conditional Use Permit No. 2017-05943 shall be referred to herein as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 16, 2018, 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 WHEREAS, this 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 operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, 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 - 1 - PC2018-020 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. 2017-05943, does find and determine the following facts: 1. The proposed request to permit a brewery with tasting room to include an outdoor patio, a banquet hall, live entertainment, on and off -premises sales and consumption of alcoholic beverages and a mural visible from the public right-of-way, "ACSP DA -1" Anaheim Canyon Specific Plan Development Area 1 under Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1) of the Code, subject to a conditional use permit and the zoning and development standards of the "ACSP DA -1" Anaheim Canyon Specific Plan Development Area 1. 2. The uses proposed under Conditional Use Permit No. 2017-05943, 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 uses proposed under Conditional Use Permit No. 2017-05943 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 Project will adhere to all required land use standards. 4. The traffic generated by the uses proposed under Conditional Use Permit No. 2017- 05943, 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. 2017-05943, 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. and; 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 that the Planning Commission does hereby approve Conditional Use Permit No. 2017-05943, subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference. 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 - 2 - PC2018-020 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 April 16, 2018. 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. _�d) - CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2018-020 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 April 16, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of April, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-020 EXHIBIT "A" DEV NO. 2017-00111 e so 100 Source: Recorded Tract Maps and/or City GIS. rc Please note the accuracy is +/- two to five feet. - 5 - PC2018-020 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05943 AND (DEV2017-00111) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 Prior to issuance of a building permit, the property owner/developer Planning and Building shall provide a note on plans indicating that: Department, a) All coatings and solvents will have a volatile organic Planning Division & compound (VOC) content lower than required under Rule 1113 Building Division (i.e., super compliant paints). b) All architectural coatings shall be applied either by (1) using a high-volume, low pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand -roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. c) The construction contractor shall also use precoated/natural colored building materials, where feasible. The Building Division shall verify compliance during normal construction site inspections. (AQ -4 MMRP No. 312) 2 The developer/owner shall submit a set of improvement plans for Public Utilities, Public Utilities Water Engineering review and approval in determining Water Engineering the conditions necessary for providing water service to the project prior to the issuance of any permit. 3 A private water system with separate water service for fire protection Public Utilities, and domestic water shall be provided and shown on plans submitted to Water Engineering the Water Engineering Division of the Anaheim Public Utilities Department. 4 All backflow equipment shall be located above ground outside of the Public Utilities, street setback area in a manner fully screened from all public streets Water Engineering and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. - 6 - PC2018-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5 All requests for new water services, backflow equipment, or fire lines, Public Utilities, as well as any modifications, relocations, or abandonments of existing Water Engineering water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 6 All existing water services and fire services shall conform to current Public Utilities, Water Services Standards Specifications. Any water service and/or fire Water Engineering line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 7 The Owner shall irrevocably offer to dedicate to the City of Anaheim Public Utilities, (i) an easement for all large domestic above -ground water meters and Water Engineering fire hydrants, including a five (5) -foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. 8 The developer/owner shall submit to the Public Utilities Department Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate Water Engineering and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 9 Building plans shall show conformance with the current version of Public Works, Engineering Standard Detail 473 pertaining to driveway spacing and Development Services distance from public ROW to nearest parking space, subject to the approval of the City Engineer. Subject property shall thereupon be developed and maintained in conformance with said plans. - 7 - PC2018-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 Building plans shall show conformance with the current version of Public Works, Engineering Standard Detail 470 pertaining to parking standards. Development Services Subject property shall thereupon be developed and maintained in conformance with said plans. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 11 Owner shall install an approved backflow prevention assembly on the Public Utilities, water service connection(s) serving the property, above ground and Water Engineering behind the property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. 12 The property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim an easement 60 feet in width from the centerline of La Palma Development Services Avenue. OPERATIONAL CONDITIONS 13 The Owner shall be responsible for restoring any special surface Public Utilities, improvements, other than asphalt paving, within any right-of-way, Water Engineering public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C, C & R's for the project and the City easement deeds. 14 The business shall not be operated in such a way as to be detrimental to Police Department the public health, safety, or welfare. 15 Any Graffiti painted or marked upon the premises or on any adjacent area Police Department under the control of the licensee shall be removed or painted over within 24 hours of being applied. 16 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) 17 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 prevent disturbances to the nearby businesses. - 8 - PC2018-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 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. A similar program may be used as long as it is certified and must be renewed. 19 There shall be no admission fee, cover charge, nor minimum purchase required. police Department 20 Signs shall be posted inside any patio doors leading outside the fenced Police Department patio stating "No alcoholic beverages allowed past this point." 21 Tasting Room and Flex Space hours of operation shall be: 11 a.m. to Police Department 12 midnight daily, and shall comply with any other hour restrictions stated in this document. 22 All entertainment must end 30 minutes prior to closing. This includes police Department the banquet/event room. 23 Subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a Police Department public premise as defined in Section 23039 of the Business and Professions Code. 24 Events in the banquet/event room must have food catered by a Police Department restaurant or food truck with the appropriate caterer's permit. 25 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. 26 Outdoor events will require a "Special Event Permit" with four events Police Department allowed per year. 27 Flex Space private events are limited to 250 guests and 11 employees, Planning and Building or any other combination of guests and employees that meet the parking Department, requirements established in the Zoning Code, so as not to exceed 94 Planning Services parking spaces. Division 28 Amplified music or live entertainment shall be not begin earlier than Planning and Building 6:00 p.m. on weekdays or 11:00 a.m. on weekends, and shall cease not Department, later than one half hour prior to closing. Amplified music is subject to approval of a separate Entertainment Permit. Planning Services Division - 9 - PC2018-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 The business shall be operated in accordance with the Letter of Planning and Building Operation submitted as part of this application. Any changes to the Department, business operation as described in that document shall be subject to Planning Services review and approval by the Planning Director to determine substantial Division conformance with the Letter of Operations and to ensure compatibility with the surrounding uses. 30 Ongoing during project operations, beer manufacturing operations shall cease at 3:00 p.m. All trips related to the manufacturing operations Public Works, (employees leaving or arriving, deliveries, etc.) shall not occur after Traffic Engineering 3:00 p.m. 31 Ongoing during project operations, the "flex space" shall not be used Public Works, as additional tasting room on any weekday, prior to 6:00 p.m. Traffic Engineering 32 Ongoing during project operations, the "flex space," if used as a special event space, shall not have the event begin or end between the hours of Public Works, 4:00 p.m. and 6:00 p.m., so as to not generate any vehicle trips between Traffic Engineering 4:00 p.m. and 6:00 p.m. 33 Ongoing during project operations, vehicle deliveries, including Public Works, loading and unloading, shall be performed on site. Delivery vehicles Traffic Engineering shall not block any part of the public right of way. GENERAL CONDITIONS 34 The following minimum clearances shall be provided around all new Public Utilities, and existing public water facilities (e.g. fire hydrants, service laterals, Water Engineering meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 35 No public water mains or laterals shall be allowed under parking stalls Public Utilities, or parking lots. Water Engineering 36 All new water service connections shall be made on the existing 12- Public Utilities, inch cast iron water main in La Palma Avenue. No new connections Water Engineering shall be allowed on the existing 36 -inch water transmission main. - 10 - PC2018-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 37 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 38 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees Division 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. 39 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant Department, and which plans are on file with the Planning Department and as conditioned herein. Planning Services Division - 11 - PC2018-020