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Resolution-PC 2010-068RESOLUTION NO. PC2010 -068 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008 -05342 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NOS. PC2008 -101 (TRACKING NOS. CUP2008- 05342A, AND DEV2010- 00100) (1211 NORTH LAS BRISAS STREET) WHEREAS, on October 13, 2008, the Anaheim City Planning Commission, by its Resolution Nos.PC2008 -101 did approve Conditional Use Permit No. 2008 -05342 to permit a winery and tasting room with retail sales and on- premises consumption of alcoholic beverages for that certain real property situated in the City of Anaheim, County of Orange, State of California, as particularly shown on Exhibit "A ", attached hereto and incorporated herein by this reference (the "subject property "); and WHEREAS, the subject property is developed with a winery and tasting room in the Northeast Area Specific Plan 94-1, Development Area 1 (SP94 -1, DA1) zone, The General Plan designates this property and surrounding property for Industrial land uses. WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No.2008 -05342 and Variance No. 2010- 04825, to amend a previously- approved conditional use permit authorizing private party and banquet events by modifying conditions of approval pertaining to hours of operation with less parking than required by code and a larger wall sign and logo than permitted by code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 16, 2010, 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 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 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 an amendment to the conditional use permit, does find and determine the following facts: 1. The request to amend the permit to a winery and tasting room with retail sales and on- premises consumption of alcoholic beverages to include private party and banquet events is properly one for which a conditional use permit is authorized under Code Section No. 18.66.040.030 of the Anaheim Municipal Code. 2. The proposed expansion of the existing use to permit private parties and banquet events will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the existing winery and tasting room has been operating in conformance with all conditions of approval and there are no outstanding Code Enforcement violations. - 1 - PC2010 -068 3. The size and shape of the site for the expanded use of the facility to include private parties and banquet events is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the property is large enough to accommodate the use on the site. 4. The traffic generated by the expanded use of the facility to include private parties and banquet events will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the property is large enough to accommodate all of the proposed uses on the site. 5. That'parking for the expanded use of the facility to include private parties and banquet events is determined to be adequate as the applicant is conditioned to obtain an off -site parking arrangement. 6. That a previously noticed variance request related to a proposed wall sign and logo has been deleted. 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 City Planning Commission, for the reasons hereinabove stated, does hereby approve the proposed amendment of Conditional Use Permit No. 2008 -05342 pertaining to permit private party and banquet events in conjunction with a winery for the property located at 1211 North Las Brisas Street, as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2008 -101, adopted in connection with Conditional Use Permit No. 2008 -05342 to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety 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 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, except as expressly amended herein, the provisions of Resolution No. PC2008 -101, approving Conditional Use Permit No. 2008 - 05342, shall remain in full force and effect. 2 - PC2010 -068 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 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 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. 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. meeting of August 16, 2010. AFIEST: THE FOREGOING RESOLUTION was adopted at the Planning Commission affa SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -068 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 August 16, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of August, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -068 EXHIBIT "A" DEV2010 -00100 APN: 344 -321 -16 so 100 Feet LACOSrtA AVE Source. Recorded Tract Maps andfor City GIS Please not the accuracy is +1- two to five feet 10997 5 PC2010 -068 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 Daily hours of operation shall be limited from 11:00 a.m. to 2 :00 a.m. Group events, including private parties, organized dinners and banquets, shall not occur before 4:30 p.m, on weekdays. Additional days and hours of operation for private events can be obtained if it can be demonstrated that the code - required number of parking spaces are available through an Off -Site Parking Permit. Planning • • 2 Group events shall be limited to a maximum occupancy of 40 people or as otherwise allowed by the building's permitted occupancy Iimit. Planning 3 There shall be no live entertainment, amplified music or dancing permitted on the premise without first obtaining an entertainment permit. Police 4 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police 5 This CUP is for operation of a winery with accessory wine tasting and retail sales with banquet and private parties. Exchange of the ABC Type 2 Wine Manufacturing License shall require amendment to this permit. Police 6 Rear entrance doors shall be numbered with the same address numbers or suite number of the business at a minimum letter height of 4 inches. Police 7 Adequate lighting of parking lots, shipping and receiving areas, driveways, circulation areas, and grounds contiguous to the building shall be provided with lighting of sufficient wattage to provide adequate illumination to 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. Police 8 All exterior doors shall have their own light source, which 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. Police 9 Trees should not be planted close enough to the structure to allow easy access to the roof, or should be kept trimmed to make climbing difficult. Police EXHIBIT `B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05342 (DEV20I0- 00100) 6 PC2010 -068 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 10 That there shall be no video, electronic, or coin - operated games, or pool tables or other amusement devices maintained upon the premises at any time. Police 11 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from the time of discovery. Police • 12 The applicant shall obtain an Off -Site Parking Permit from the Planning Department prior to commencing the expanded operation. The permit(s) shall ensure use of a minimum of 8 additional off -site parking spaces during operating hours. Planning 13 That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. Planning 7 - PC2010 -068