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Resolution-PC 2011-072RESOLUTION NO. PC2011 -072 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05504 AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2010 -046 (TRACKING NOS. CUP2010- 05504A AND DEV2010- 00095A) (336 SOUTH ANAHEIM BOULEVARD — ANAHEIM BREWERY) WHEREAS, on June 21, 2010, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission "), by its Resolution No. PC2010 -046 did approve Conditional Use Permit No. 2010 -05504 to permit a brewery and tasting room with retail sales and on- premises consumption of alcoholic beverages for that certain real property located at 336 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to previously- approved Conditional Use Permit No. 2010 -05504 to permit outdoor dining in conjunction with a brewery and tasting room with retail sales and on- premises consumption of alcoholic beverages; and WHEREAS, the brewery occupies an approximately 4,978 square foot tenant space within the existing 7,825 square foot commercial "Packard" building located in the I (SABC 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 September 26, 2011, 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 the proposed amendment to said conditional use permit and to investigate and make findings and recommendations in connection therewith; and 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 conditional use permit, does find and determine the following facts: 1. The request to permit outdoor dining in conjunction with 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, Restaurants -Semi Enclosed) and 18.66.040.030 (Unlisted Uses) of the Anaheim Municipal Code. 1 PC2011 -072 2. The proposed use 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 integrated into a new commercial retail district (Packing District) 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 brewery and tasting room with outdoor dining will be integrated into a new commercial retail district (Packing District) and the parking supply will be adequate to accommodate the development. 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 integrated into a new commercial retail district (Packing District) and the 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. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2010- 05504 (DEV2010- 00095A) to permit outdoor dining in conjunction with a brewery and tasting room with retail sales and on- premises consumption of alcoholic beverages. 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. PC2010 -046, approving Conditional Use Permit No. 2010-05504, as previously amended, to read as stated 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. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC2010 -046, approving Conditional Use Permit No. 2010 - 05504, shall remain if full force and effect. 2 PC2011 -072 BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or 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 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. THE FOREGOING RESOLUTIONwas adopted at the Planning Commission meeting of September 26, 2011. C_ A'1•1'EST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRE'T`ARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2011 -072 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 September 26, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of September, 2011. SENIOR SECREtARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2O l l -072 1 APN: 037 -023 -10 037 -023 -12 037 -023 -14 251-084-08 037- 023 -13 037 -023 -11 nU tO(I G EXHIBIT "A" DEV NO. 2010 -00005 5 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. PC2011 -072 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 The business is responsible for maintaining free of litter the area adjacent to the premises over which they have control. Code Enforcement 2 Trash shall not be emptied into outside trash containers between the hours of 10 p.m. to 7 a.m. daily. Police, Code Enforcement 3 Subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. Police 4 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 5 There shall be no admission fee, cover charge, nor minimum purchase required. Police 6 Managers, owners, bar tenders, and waitresses need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714 -558 -4101. Police 7 Any permitted event or activity shall not create sound levels, which violate any ordinance of the City of Anaheim as described in Section 4.16.100.010 of the Anaheim Municipal Code. Police 8 No person under 21 years of age shall sell or be permitted to sell beer. Police 9 The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police 10 Outdoor service of beer may be sold, served or consumed, only within the barricaded area as indicated on the attached diagram. In addition, no additional dispensing points shall be permitted. Persons may not take alcoholic beverages from Police EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05504 (DEV2010- 00095A) 6 PC2011 -072 7 PC2011 -072 the designated area. 11 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police 12 Persons serving beer cannot consume any alcoholic beverages. Police 13 Signs shall be posted in a prominent place at all exits of the premises, stating "No Open Containers of Alcoholic Beverages Beyond This Point." Police 14 The applicant shall be responsible to ensure that no patron leaves the common dining area with an open container of alcoholic beverage. Police 15 There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police 16 No required parking area shall be fenced -off or otherwise enclosed for outdoor storage uses. Code Enforcement 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 fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within two (2) business days from the time of discovery. Code Enforcement 19 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. Public Works 20 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 through 8 (Packing District development plans), and as conditioned herein. Planning 7 PC2011 -072