Resolution-PC 2010-046RESOLUTION NO. PC2010 -046
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING
CONDITIONAL USE PERMIT NO. 2010 -05504
(DEV2010- 00095)
(336 -338 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2010 -05504 to permit a brewery 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 this reference; and
WHEREAS, the brewery would occupy an approximately 4,978 square foot
tenant space within the existing 7,825 square foot commercial "Packard" building located in the I
(SABC) (Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial
District) zone and the Anaheim General Plan designates the property for Mixed Use land uses;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 21, 2010, at 3:30 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, to hear and consider evidence for and against said proposed
Conditional. Use Permit and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, said 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, does find and determine the following facts:
1. The request to permit a brewery 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 Nos. 18.08.030.010 (Alcoholic Beverages On -sale) and
18.66.040.030 (Unlisted Uses) of the Anaheim Municipal Code.
2. The proposed brewery and tasting room will not adversely affect the adjoining
land uses or the growth and development of the area in which it is proposed to be located
because it will be located within an existing commercial building along a major arterial highway
within the Downtown area.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
of the citizens of Anaheim because the proposed brewery and tasting room will be located within
an existing commercial building and the parking supply will be adequate to accommodate the
development.
1 PC2010 -046
4. The traffic generated by the proposed use 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 volume of traffic planned for the streets and highways
in the area.
5. 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 and will provide a
land use that is compatible with the surrounding area because the proposed use will be located
within an existing commercial building and the proposed brewery and tasting room uses are not a
health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15332, Class 32 (Infill Development Projects) 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 City Planning
Commission does hereby approve Conditional Use Permit No. 2010 -05504 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. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal 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(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this Conditional Use Permit is approved
without 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 to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 judgrnent 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 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.
2 PC2010 -046
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 or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
peiiuits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION w as adopted at the Planning Commission
meeting of June 21, 2010.
AI I BST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
5' I
t 11 l I
CHAIRMAN, ANAHEIM CI'Y PLANNING COMMISSION
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on June 21, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of June 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -046
AP N: 037-023-141
50 100
c
rc
EXHIBIT "A"
DEV2010 -00095
4
z
0
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
PC2010 -046
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2010-05504
(DEV2010- 00095)
NO. CONDITIONS OF APPROVAL
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1 The property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 (Site Plan), 2 (Floor Plan),
and 3 (Elevations). and as conditioned herein.
2 Plans shall be submitted to the City Traffic and Transportation
Manager for his review and approval showing conformance with
the current version of Engineering Standard Plan Nos. 436 and
470 and the Greater Downtown of Anaheim Guide for
Development pertaining to parking standards and driveway
locations. Subject property shall thereupon be developed and
maintained in conformance with said plans.
3 A plan shall be submitted showing a designated loading space
area for truck deliveries in conformance with Code Section
18.42.100.
4 A sewer study shall be submitted to determine any sewer
capacity impacts resulting from this project and the related
required improvements.
5 Street Improvement plans for Anaheim Boulevard, Claudina
Street, and the public alleys shall be submitted to the Public Works
Department. Obtain a Right -of -Way Construction Permit from the
Development Services Division. Improvements shall conform to
the Greater Downtown Anaheim Guideline and approved by the
City Engineer. Prior to the issuance of a building permit, a bond
shall be posted in an amount approved by the City Engineer and in
a form approved by the City Attorney.
GENERAL CONDITIONS
6 The business is responsible for maintaining free of litter the area
adjacent to the premises over which they have control.
7 Trash shall not be emptied into outside trash containers between
the hours of 10 p.m. to 7 a.m. daily.
8 Subject alcoholic beverage license shall not be exchanged for a
public premises (bar) type license nor shall the establishment be
5
REVIEW BY
Planning
Public Works
Traffic
Public Works
Traffic
Public Works
Development
Services
Public Works
Development
Services
Code
Enforcement
Code
Enforcement
Police
SIGNED
OFF BY
PC2010 -046
operated as a public premise as defined in Section 23039 of the
California Business and Professions Code.
9 Petitioner shall not share any profits, or pay any percentage or
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.
Police
10 There shall be no admission fee, cover charge, nor minimum Police
purchase required.
11 Managers, owners, bar tenders, and waitresses need to call the Police
Department of Alcoholic Beverage Control and obtain LEAD
(Licensee Education on Alcohol and Drugs Program) Training.
The contact number is 714 -558 -4101.
12 Any permitted event or activity shall not create sound levels, Police
which violate any ordinance of the City of Anaheim as described
in Section 4.16.100.010 of the Anaheim Municipal Code.
13 No person under 21 years of age shall sell or be permitted to sell Police
beer.
14 The activities occurring in connection with the operation of this Code
establishment shall not cause noise disturbance to surrounding Enforcement
properties.
15 No required parking area shall be fenced -off or otherwise Code
enclosed for outdoor storage uses. Enforcement
16 The any permitted event or activity shall not create sound levels, Police
which violate any ordinance of the City of Anaheim as described
in Section 4.16.100.010 of the Anaheim Municipal Code.
17 Roof-mounted equipment shall be screened from view in
accordance with the requirements of Anaheim Municipal Code
Section 18.38.170 pertaining to the I (SABC) (Industrial; South
Anaheim Boulevard Corridor Overlay, Neighborhood
Commercial District) zone.
Planning
18 The property shall be permanently maintained in an orderly Code
fashion through the provision of regular landscaping Enforcement
maintenance. removal of trash or debris, and removal of graffiti
within two (2) business days from the time of discovery.
19 The location of a trash enclosure shall be provided in a location Public Works
acceptable to the Public Works Department, Streets and Sanitation
Sanitation Division, and in accordance with approved plans on
6 PC2010 -046
file with said Department. Said information shall be specifically
shown on the plans submitted for building permits.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
20 A Lot Line Adjustment for Lots 1 and 2 shall be submitted to the Public Works
City of Anaheim Department of Public Works and then shall be Development
recorded in the Office of the Orange County Recorder. Services
21 All sewer improvements identified in the sewer study shall be Public Works
completed. Development
Services
7 PC2010 -046