Resolution-PC 2008-101RESOLUTION NO. PC200&101
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXBMPTION, CLASS 1
AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05342
(1211 NORTH LAS BRISAS)
WHEREAS; the Anaheim Planning Commission did receive a verified Petition for a
Conditional Use Permit to permit a winery and tasting room with retail sales and on-premises
consumption of alcoholic beverages for certain real property situated in the City of Anaheim, County
of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by khis
reference.
WHEREAS, the applicant has requested approval of a conditional use permit to permit
a winery and tasting room with retail sales and on-premises consumption of alcoholic beverages
pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 13, 2008, at 2:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed request and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itselfand in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed request to permit a winery and tasting room with retail sales and on-
premises consumption of alcoholic beverages is properly one for which a conditional use permit is
authorized under Code Section 18.66.040.030 of the Anaheim Municipal Code; and
2. That the winery and tasting room, as conditioned, will not adversely affect the adjoining
land uses and the growth and development of the area in which it is located because the winery is a use
permitted by right in the industrial zone and the tasting room will be located within the winery.
3. That the size and shape of the site for the use is adequate to allow the winery and tasting
room in a manner not detrimental to either the particular area or health and safety as conditioned, as
the property meets all Code requirements and there is sufficient parking to provide for the use.
4. That the traffic generated by the use of the property as a winery and tasting room, as
conditioned, will not impose an undue burden upon the streets and highways designed and improved to
carry the traffic in the area and;
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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WHEREAS, the proposed project falls within the definition of Categorical Exemptions,.
Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from
the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Fianning Commission
does hereby approve Conditional Use Permit No. 2008-05342 subject to the conditions of approval
described in Exhibit "B" attached hereto and incorporated by this reference which are hereby Found to
be a necessary prerequisite to the proposed use of the subject property in order to preserve the health,
safety and general welFare of the citizens of the City of Anaheim.
BE IT FURTHER RE30LVED that the Anaheim Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such wndition, or any part
thereof, be declazed invalid or unenforceable by the final jud~nent of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER R&30LVED that Yhis pemut is approved wiChout limitations on the
duration of the use. Amendments, modifications and revocations of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated
Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 13, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Zoning Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
l ~~ 1~-
CHAIRMAN~, ANA EIM PLANN MISSION
ATTEST:
SENIOR S~CRETARY, ANAHEIM PLANN[NG COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on October 13, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FAESSEL, KARAKI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this 16`h day of
October, 2008.
SENIOR SE~R'ETARY, ANAHEIM PLANNING COMMISSION
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EXffiBIT °°A"
CONDITIONAL USE PERMIT NO. 2008-05342
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05342
No.
Conditions of Approval
Responsible for
Monitoring
2
That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans aze on file
with the Planning Department marked Exhibit Nos. 1 and 2,
and as conditioned herein.
The applicant shall maintain on file an Emergency Listing I Police
Card, Form APD-281, with the Police Department.
The business shall be equipped with a comprehensive Police
security alarm system (silent or audible) for the perimeter
building and access route protection and high valued storage
areas.
The applicant shall complete a Burglary/Robbery Alarm I Police
Permit application, Form APD 516, and retum it to the
Police Department prior to initial alarm activation.
The wine manufacturing/tasting/bottling ae6vity shall be Planning
limited to a maximum of eight (8) patrons Monday through
Friday from 8 a.m. to 5:30 p.m. and a ma~cimum of 16 people
Monday through Friday from 530 p.m. to 8 p.m., and 11
a.m. to 8 p.m. on Saturday and Sunday.
6 I There shall be no ]ive entertainment, amplified music or
dancing permitted on the premise without fust obtaining an
entertainment permit.
The activities occurring in conjunction with the operation of
this establishment shall noC cause noise disturbance to
surrounding properties.
This CUP is for operation of a winery with accessory wine
tasting and retail sales. Exchange of the ABC Type 2 Wine
Manufacturing License shall require amendment to this
permit,
Police
Police
Police
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Responsible for
No. Conditions of Approval Monitoring
9 Rear entrance doors shall be numbered with the same Police
address numbers or suite number of the business at a
minimum letter height of 4 inches.
10 Adequate lighting of parking lots, shipping and receiving Police
areas, driveways, circulation areas, and grounds contiguous
to the building shall be provided with lighting of sufficient
wattage to provide adequate iliumination to cleazly visible
the presence of any person on or about the premises during
the hours of darkness and provide a sage, secure
environment for all persons, property and vehicles on-site.
ll All exterior doors shall have their own light source, which Police
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.
12 Trees should not be planted close enough to the structure to Police
' allow easy access to the roof, or should be kept trimmed to
make climbing difficult.
13 That there shall be no video, electronic, or coin-operated Police
games, or pool tables or other amusement devices
maintained upon the premises at any time.
14 The propedy shall be permanenUy maintained in an orderly Code
£ashion through the provision of regular landscaping Enforcement
maintenance, removal of trash or debris, and removal of
graffiti within twenty-four (24) hours from the time of
discovery.
15 The hours of operation shall be consistent with the letter of Planning
operation on file with the City of Anaheim Planning
Department.
16 That approval of this application constitutes approval of the Planning
proposed request only to the extent that is complies with the
Anaheim Municipal Zoning 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.
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