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Resolution-PC 2012-051RESOLUTION NO. PC2012 -051 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012 -05616 AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2012 -00089 FOR A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2012- 00067) (2910 EAST LA PALMA AVENUE, UNIT D) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012- 05616, pursuant to Section 18.60.190 of the Anaheim Municipal Code, and a Determination of Public Convenience or Necessity No. 2012 - 00089, to permit a brewery and tasting room located at 4910 East La Palma Avenue, Unit D in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A (the "Property "); and WHEREAS, the Property is currently developed with a six- building industrial park; the zoning is Northeast Area Specific Plan, Development Area 1 (SP94 -1, DAI); and the Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 13, 2012 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 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2012 -05616 and Public Convenience or Necessity No. 2012- 00089, 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 pertaining to the request for Conditional Use Permit No. 2012 - 05616, does find and determine the following facts: 1. The request to permit a brewery and tasting room is properly one for which a conditional use permit is authorized under Section 18.66.040.020.0202 (Unlisted Uses) of the Anaheim Municipal Code. 2. The request to allow the proposed brewery and tasting room would not adversely affect the surrounding land uses and the growth and development of the area because the use would be compatible with the surrounding industrial uses. 3. The size and shape of the property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because sufficient parking will be provided to accommodate the brewery and tasting room. - 1 - PC2012 -051 4. The traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the site is designed to provide multiple points of access to the subject business. 5. Granting Conditional Use Permit No. 2012 -05616 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. 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 pertaining to the request for Public Convenience or Necessity No. 2012- 00089, 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. 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. 3. California State law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more off -sale alcohol licenses than allowed; and that 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 issuance of a license. 4. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and 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 within Census Tract 117.14 with a population that allows for one off -sale ABC license and there are presently two licenses in the tract. In addition, one on -sale license is allowed and nine presently exist in the tract. The Anaheim Police Department evaluates these requests based on the crime rate within a one - quarter mile radius for the subject site. The proposed location is located in Police Reporting District No. 1431 which has a crime rate that is below the citywide average and the crime rate within 1 /4 mile of this property is also below the citywide average based upon calls for service. Since there is an overconcentration in -2- PC2012 -051 the number of ABC licenses within this census tract a determination of public convenience or necessity is required for this request. 6. A 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 granting 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 as the sale of beer for off - premises consumption is ancillary to the proposed brewery and would serve as an added convenience to residents and visitors to the area who choose to patronize this establishment. WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the Project is within that class of projects 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 Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05616 and Public Convenience or Necessity No. 2012- 00089, including, specifically, 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 the 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 the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012 -05616 and Public Convenience or Necessity No. 2012 -00089 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 approval of Conditional Use Permit No. 2012 -05616 and Public Convenience or Necessity No. 2012 -00089 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. -3- PC2012 -051 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 13, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. TEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 August 13, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of August, 2012. SENIOR SEOR!F -TARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -051 EXHIBIT "A" DEV NO. 2012 -00067 V� M 1 -5- PC2012 -051 u =n an ® Source: Recorded Tract Maps and /or City EIS. ., Please note the accuracy Is +/- two to five feet. EXIMIT `B" CONDITIONAL USE PERMIT NO. 2012-05616 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00089 (DEV2012- 00067) -6- PC2012 -051 SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY PRIOR TO THE COMMENCEMENT OF THE BUSINESS 1 Security measures shall be provided to the satisfaction of the Anaheim Police Police Department to deter unlawful conduct of employees and patrons, promote the Department 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. 2 The parking lot shall be equipped with lighting of sufficient power to Police illuminate and make easily discernible the appearance and conduct of all Department persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. GENERAL 3 There shall be no exterior advertising or sign of any kind or type, including Police advertising directed to the exterior from within, promoting or indicating the Department 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. 4 Any and all security officers provided shall comply with all State and Local Police ordinances regulating their Police Department services, including, without Department limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code). 5 Applicant shall not share any profits, or pay any percentage or commission to Police a promoter or any other person, based upon monies collected as a door charge, Department cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 6 Unless otherwise reviewed and approved by City staff, entertainment shall Planning consist only of live musical performances, disc jockey, juke box, television Department and amplified music. 7 All entertainment (with the exception of a Special Event Permit) must be Police conducted completely within the building and may not be visible from outside Department of the building. 8 There shall be no admission fee, cover charge, nor minimum purchase Police required. Department -6- PC2012 -051 9 The number of persons shall not exceed the maximum occupancy load as Police determined by the Anaheim Fire Department. Signs indicating the occupant Department load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code). 10 At all times that entertainment is permitted, except during times of entry or Police exit, emergencies and deliveries, the doors shall remain closed. (Section Department 4.18.110 Anaheim Municipal Code). 11 The business shall not employ or permit any persons to solicit or encourage Police others, directly or indirectly, to buy them drinks in the licensed premises under Department any commission, percentage, salary, or other profit- sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 12 All entertainers and employees shall be clothed in such a way as to not expose Police "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Department Municipal Code. 13 The hours of operation and permitted activities shall be consistent with the Planning letter of operation on file with the City of Anaheim Planning Department and Department, limited to the following: Planning Tasting Room hours: Services Division Sunday — Wednesday 11 :00 a.m. to 11:00 p.m. Thursday — Saturday 11:00 a.m. to 1:00 a.m. Special Events: A maximum of four (4) special events per year shall be permitted. Outdoor activities are subject to review and approval by the City. Any outdoor activities shall require adequate security as required by the Police Department. In accordance with State Department of Alcoholic Beverage Control (ABC) requirements, all outdoor activities must be completely screened from view from the public right of way. 14 The applicant shall be responsible for maintaining the area adjacent to the Planning premises over which they have control, in an orderly fashion through the Department, provision of regular maintenance and removal of trash or debris. Any graffiti Code painted or marked upon the premises or on any adjacent area under the control Enforcement of the licensee shall be removed or painted over within 24 -hours of being Division applied. 15 No required parking area shall be fenced or otherwise enclosed for outdoor Planning storage. 16 The property shall be developed substantially in accordance with plans and Planning specifications submitted to and reviewed by the City of Anaheim and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan), and 2 (Floor Plan) and as conditioned herein. -7- PC2012 -051