Loading...
Resolution-PC 2020-012RESOLUTION NO. PC2020-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2020-06061 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00151 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00038) (1045 NORTH ARMANDO STREET, UNIT E) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2020- 06061 to permit a homebrewing supply store with sales of beer and wine for on and off -premises consumption within an existing industrial building (Type 20 Off Sale Beer and Wine and Type 42 On Sale Beer and Wine — Public Premises license); and (ii) an associated Determination of Public Convenience or Necessity No. 2020-00151 to permit the sale of beer and wine for on and off -premises consumption at that certain real property located at 1045 North Armando Street, Unit E in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is on a 5.18 -acre commercial lot, which is located within the "MU NR" Non -Residential Mixed -Use land use designation of the Anaheim General Plan. The Property is located in the "SP -2015-1" Anaheim Canyon Specific Plan, Development Area 7 (Flex Area), meaning that the Property is subject to the zoning and development standards contained in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 Zoning and Development Standards) 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 April 27, 2020 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. 2020-06061 and Public Convenience or Necessity No. 2020-00151 (collectively, 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, 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 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 - I - PC2020 -012 WHEREAS, this 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. 2020-06061, does find and determine the following: 1. The proposed request to permit a homebrewing supply store with sales of beer and wine for on and off -premises consumption within an existing industrial building is an allowable use within the "SP -2015-1" Anaheim Canyon Specific Plan, Development Area 7 (Flex Area) Zone under subsection .100 of 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 "SP -2015- 1" Anaheim Canyon Specific Plan, Development Area 7 (Flex Area) Zone. 2. The Proposed Project 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 use of the property as a retail store with sales of beer and wine for on and off -premises consumption is compatible with the existing uses within the commercial site and uses in the surrounding area. There are similar uses in the business park and three breweries within the vicinity with similar services. 3. The size and shape of the site is adequate to allow the full development of the Proposed Project 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 a commercial/industrial building and no expansion to the building is proposed. 4. The traffic generated by permitting the sale of beer, wine, and distilled spirits for on -premises consumption in conjunction with a homebrewing supply store with sales of beer and wine for on and off -premises consumption within an existing industrial building would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the use is consistent with uses permitted in the zone. The number of vehicles entering and exiting the Property would not increase in conjunction with this request. 5. The granting of Conditional Use Permit No. 2020-06061 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 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 of Public Convenience or Necessity No. 2020-00151, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R-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 - PC2020 -012 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 23958.4, "undue concentration" means the case in which the Property is located in an area where any of the following conditions exist: (a) The Property is located in a crime reporting district that has a 20 percent greater number of reported crimes than the average number of "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 Property is located exceeds the ratio of on -sale retail licenses to population in the county in which the applicant premises are located. (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 Property is 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. 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 on -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 Property is located Census Tract Number 117.14 which has a population of 499 people. This population allows for zero on -sale Alcoholic Beverage Control licenses and there are presently 11 licenses in the tract. It also allows for zero off -sale licenses and there are presently three licenses in the tract. This location is within Reporting District 1431 which is below the city average in crime. The'/- mile radius surrounding this location is 21% above the city average in crime. Since the crime rate is above the city-wide average, a detennination of "public convenience or necessity" is required. 6. The request to permit alcoholic beverage sales for on and off -premises consumption 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 proposed development of the premises is compatible with the existing uses in the surrounding area; and - 3 - PC2020 -012 7. The determination of "Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that the granting of the determination of Public Convenience or Necessity, 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, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2020-06061 and Public Convenience or Necessity No. 2020-00151 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 that portion of the Property for which Conditional Use Permit No. 2020-06061 and Public Convenience or Necessity No. 2020-00151 is applicable 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. - 4 - PC2020 -012 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 27, 2020. 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 ERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: 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 April 27, 2020, by the following vote of the members thereof- AYES: hereof AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2020 -012 EXHIBIT "A" DEV NO. 2020-00038 Source Recw0ed ir4wo Maps aeniftt City GIS Reese nate the accuracy is +3- two to line feat. - 6 - PC2020 -012 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2020-06061 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00151 (DEV2020-00038) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS I The petitioner(s) shall be responsible for maintaining free of litter the area Police Department adjacent to the premises over which they have control, as depicted. 2 The area of alcoholic beverage displays shall not exceed 25% of the total Police Department display area in a building. 3 No display of alcoholic beverages shall be located outside of a building Police Department or within five (5) feet of any public entrance to the building. 4 The possession of alcoholic beverages in open containers and the Police Department consumption of alcoholic beverages are prohibited on or around these premises, except for the tasting area. 5 Any graffiti painted or marked upon the premises or on any adjacent area Planning and Building under the control of the licensee shall be removed or painted over within Department, 24 hours. Code Enforcement 6 Petitioner(s) shall police the area under their control in an effort to prevent Police Department the loitering of persons around the premises. 7 There shall be no pay to play amusement machines or video game devices Police Department maintained upon the premises at any time. 8 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. 9 Managers / Owners need to call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program), RBS, or similar certificate training for themselves and register employees. The contact number for ABC is 657-205-3533. - 7 - PC2020 -012 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 Petitioner(s) shall not require an admission/cover charge. Police Department 11 The area where tastings are allowed shall be made separate with a pony Police Department wall, barrels, or other approved material, to clearly define the tasting space. This is the only space approved for a Type 42 license. The rest of the building shall be a Type 20 off -sale alcoholic beverage control license. 12 A sign shall be posted on the outside of the tasting area that reads, Police Department "Patrons 21 and Over Only." There shall be another sign on the inside of the tasting area leading out that reads, "No Alcohol Beyond This Point." The tasting area shall be made up of a bar type counter with three seats. This is approved as a tasting area only. 13 There shall be no entertainment or amplified music on the premise at any Police Department time unless the proper permits have been obtained from the City of Anaheim. 14 Hours of operation shall be limited from 10:00 am to 7:00 pm seven days Police Department and a week. Changes to the hours of operation may be amended at the request Planning and Building of the business owner and is subject to the approval of the Planning and Department, Building Department Director and the Chief of Police. Planning Services GENERAL 15 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 claims, actions or proceedings brought against Indemnitees to attack, review, set Planning Services 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. 16 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, Planning and Building whichever occurs first. Failure to pay all charges shall result in delays in Department, the issuance of required permits or may result in the revocation of the Planning Services approval of this application. - 8 - PC2020 -012 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 17 The property shall be developed substantially in accordance with plans and Planning and Building specifications submitted to the City of Anaheim by the applicant and which Department, plans are on file with the Planning Department. Planning Services 18 All new landscaping shall be installed in conformance with Chapter 18.46 Planning and Building "Landscape and Screening" of the Anaheim Municipal Code and shall be Department, maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning Services - 9 - PC2020 -012