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Resolution-PC 2013-036RESOLUTION NO. PC2013-036 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONALUSE PERMIT NO. 2013-05655 AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00097 FOR A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2013-00009 (1072 NORTH ARMANDO STREET WHEREAS, the Anaheim Cit Plannin Commission (hereinafter referred to as the "Plannin Commission") did receive a verified Petition for Conditional Use Permit No. 2013- 05655, pursuant to Section 18.60.190 of the Anaheim Municipal Code, and a Determination of Public Convenience or Necessit No. 2013-00097, to permit a brewer and tastin room with an outdoor patio with accessor retail sales of beer located at 1072 North Armando Street in the Cit of Anaheim, Count of Oran State of California, as g enerall y depicted on the map attached hereto as Exhibit A (the "Propert and WHEREAS, the Propert is currentl developed with an industrial buildin the zonin is Northeast Area Specific Plan, Development Area I (SP94-1, DA 1) and the Anaheim General Plan desi the Propert for Industrial land uses; and WHEREAS, the Plannin Commission did hold a public hearin at the Civic Center in the Cit of Anaheim on Ma 6, 2013 at 5:00 p.m., notice of said public hearin havin been dul Z-1 9 g iven as re b law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and a proposed Conditional Use Permit No. 2013-05655 and Public Convenience or Necessit No. 2013-00097, and to investi and make findin and recommendations in connection therewith-, and WHEREAS, the Plannin Commission, after due inspection, investi and stud made b itself and in its behalf, and after due consideration of all evidence and reports offered at said hearin pertainin to the re for Conditional Use Permit No. 2013-05655, does find and Z�l - determine the followin facts: 1. The re to permit a brewer and tastin room with an outdoor patio with accessor retail sales of beer is properl 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 re to allow the proposed brewer and tastin room would not adversel affect the surroundin land uses and the g rowth and development of the area because the use would be compatible with the surroundin industrial uses. 3. The size and shape of the propert is ade to allow the full operation of the existin and proposed use in a manner not detrimental to the particular area or to the health, safet and g eneral welfare of the public because sufficient parkin will be provided to accommodate the brewer and tastin room. - I - PC2013-036 4. The traffic g enerated b the business would not impose an undue burden upon the streets and hi desi and improved to carr the traffic in the area because the propert Z� is developed with two drivewa for the onsite businesses. 5. Grantin Conditional Use Permit No. 2013-05655 under the conditions imposed will not be detrimental to the health and safet of the citizens of the Cit of Anaheim and will provide a land use that is compatible with the surroundin area. WHEREAS, the Plannin ommission, after due inspection, inves and stud 9 Z7� made b itself and in its behalf, and after due consideration of all evidence and reports offered at said hearin pertainin to the re for Public Convenience or Necessit No. 2013-00097, does find and determine the followin facts: I. On Jul 11, 1995, the Cit Council adopted Resolution No. 95R-134 establishin procedures and dele certain responsibilities to the Plannin Commission relatin to the Z:) ZI_ determination of "public convenience or necessit on those certain. applications re that such determination be made b the local g overnin g bod pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license b the Department of Alcoholic Bevera Control (ABC). 2. Section 23958 of the Business and Professions Code provides that the ABC shall den 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 necessit would be served b the issuance of a license. I California State law re a Determination of Public Convenience or Necessit when propert 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 den 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 necessit would be served b issuance of a license. 4. Resolution No. 95R - authorizes the Cit of Anaheim Police Department to make recommendations related to the public convenience or necessit 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 bevera does not adversel affect an adjoinin land use or the g rowth and development of the surroundin area. 5. The propert is located within Census Tract 117.14 with a population that does not allow for an off sale ABC licenses and there are presentl 3 licenses in the tract. In addition, no on-sale licenses are allowed and nine presentl exist in the tract. The Anaheim Police Department evaluates these re based on the crime rate within a one- mile radius for the subject site. The proposed location is located in Police Reportin District No. 1.431 which has a crime rate that is below the cit avera and the crime rate within 1/4 mile of this propert is 18% above the cit avera based upon calls for service. Since there is - 2 - PC2013-036 an overconcentrati.on in the number of ABC licenses within this census tract a determination of public convenience or necessit is re for this re 6. A Determination of Public Convenience or Necessit can be made based on the findin that the license re is consistent with the Plannin Commission g uideline for such determinations and further that g rantin g the Determination of Public Convenience or Necessit under the conditions imposed will not be detrimental to the health and safet of the citizens of the Cit of Anaheim as the sale of beer for off-premises consumption is ancillar to the proposed brewer and would serve as an added convenience to residents and visitors to the area who choose to patronize this establishment. WHEREAS, as the lead a under the California Environmental Qualit Act (Public w 0 Resources Code Section 21000 et se herein referred to as "CEQA"), the Plannin Commission finds and determines that the Project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existin public or private structures or facilities, involvin ne or no expansion of use be that existin at the time of this determination, and that, therefore,, pursuant to Section 15301 of Title 14 of the California Code of Re the Project will not cause a si effect on the environment and is, therefore, cate exempt from the provisions of CEQA. BE IT RESOLVED that the Plannin Commission does hereb approve Conditional Use Permit No. 2013-05655 and Public Convenience or Necessit No. 2013-00097, includin sp ecificall y , the conditions of approval set forth in Exhibit B attached hereto and incorporated peci herein b this reference, which are hereb found to be a necessar prere to the proposed use of the Propert in order to preserve the health, safet and g eneral welfare of the citizens of the Cit of Anaheim. Extensions for further time to complete the conditions of approval set forth in Exhibit B ' hereto ma be g ranted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2013-05655 and Public Convenience or Necessit No. 2013-00097 is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit ma be processed in accordance with Chapters 1.8.60.190 (Amendment to Permit Approval) and 18.60.200 (Cit Revocation or Modification of Pen-nits of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2013-05655 and Public Convenience or Necessit No. 2013-00097 constitutes approval of the proposed re onl to the extent that it complies with the Anaheim Municipal Zonin Code and an other applicable Cit State and Federal re Approval does not include an action or findin as to compliance or approval of the re re an other applicable ordinance, re or re BE IT FURTHER RESOLVED that the applicant is responsible for pa all char Z::� related to the processin of this discretionar case application within 15 da of the issuance of the final invoice. Failure to pa all char shall result in the revocation of the approval of this application. - 3 - PC2013-036 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 6, 2013. 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. wL P M A -k-- A V -• 1 CHAIR, ANAHEIM CITY PL N1NG COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 May 6, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 6 th day of May, 2013. r SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -036 EXHIBIT "All TAE V NO. 2013-00009 - 5 - PC2013-036 Source: Recorded Tract Maps and/or Cit GIS. Please note the accurac is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO, 2013-05655 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00097 (DEV2013- 00009) NO. CONDITIONS OF APPROVAL REVIEW BY NE D SIGNED E BY PRIOR TO THE COMMENCEMENT OF THE BUSINESS 1 Security measures shall be provided to the satisfaction of the Anaheim Police Police Department to Police Department deter unlawful conduct of employees and Department 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. GENER 2 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. This limitation does not apply to permanent business identification signs consistent with the provisions of the Municipal Code. 3 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). 4 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. 5 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. 6 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. 7 There shall be no admission fee, cover charge, nor minimum purchase Police required. Department 8 The number of persons attending the event shall not exceed the maximum Police occupancy load as determined by the Anaheim Fire Department. Signs Department indicating the occupant 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) -6- PC2013 -036 9 At all times that entertainment is permitted, except durin times of entr or Police exit, emer and deliveries, the doors shall remain closed. (Section Department 4.18.1 Anaheim Municipal Code 10 The business shall not emplo or permit an persons to solicit or encoura Police others, directl or indirectl to bu them drinks in the licensed premises under Department an commission, percenta salar or other profit-sharin plan, scheme or conspirac (Section 24200.5 Alcoholic Bevera Control Act) 11 All entertainers and emplo shall be clothed in such a wa as to not expose Police "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Department Municipal Code. 12 There shall be no amplified music of an kind in the patio area. Police Department 13 The hours of operation and permitted activities shall be consistent with the Plannin letter of operation on file with the Cit of Anaheim Plannin Department and Department, limited to the followin Plannin Tastin Room hours: Z� Services Division Monda — Wednesda 4.-00 p.m. to 11:00 p.m. Frida Saturda - 12.-00 p.m. to 1:00 a.m. Sunda 12:00 p.m. to 11 :00 p.m. Special Events: A maximum of four (4) special events per y ear shall be permitted. Special events must not occur durin the hours of operation of the adjacent business on the propert Outdoor activities are subject to review and approval b the Cit An outdoor activities shall re ade securit as re b the Police Department. In accordance with State Department of Alcoholic Bevera Control (ABC) re all outdoor activities must be completel screened from view from the public ri of wa 14 All activities related to the use shall occur indoors, except for the patio area Code and as ma be permitted b an authorized Special Event Permit. Enforcement 15 No outside stora of e shall be permitted. Code Enforcement 16 No re parkin area shall be fenced or otherwise enclosed for outdoor Code stora Z�5 Enforcement 17 The propert shall be permanentl maintained in an orderl fashion throu Code the provision of re landscapin maintenance, removal of trash or debris. Enforcement 18 An g raffiti painted or marked upon the -premises or on an adjacent area Code under the control of the propert owner shall be removed or painted over Enforcement within 24 hours of bein applied. - 7 - PC2013-036 19 Address numbers shall be positioned so as to be readil readable from the street. Number should be illuminated durin hours of darkness. Front and Rear entrance doors shall be numbered with the same address numbers or suite number of the business to be completed within 30 da of approval of this permit. Minimum hei of 4" recommended. 20 Ade li of parkin lots, passa recesses, and g rounds Z� ItIn Plannin conti to buildin shall be provided with li of sufficient watta to provide ade illumination to make clearl visible the presence of an person on or about the premises durin the hours of darkness and provide a safe, secure environment for all person, propert and vehicles on-site. All exterior doors shall have their own li source, which shall ade illuminate door areas at all hours to make clearl visible the presence of an person on or about the premises and provide ade illumination for persons exitin the buildin Z7), 21 Approval of this application constitutes approval of the proposed re onl Plannin to the extent that it complies with the Anaheim Municipal Zonin Code and an other applicable Cit State and Federal re Approval does not include an action or findin as to compliance or approval of the re re an other applicable ordinance, re or re Z� 22 The Applicant shall defend, indemnif and hold harmless the Cit and its Plannin officials, officers, emplo and a (collectivel referred to individuall and collectivel as "Indemnitees") from an and all claims, actions or proceedin brou a Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concernin this permit or an of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, le or validit of an condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, dama fees and/or costs awarded a or incurred b Indemnitees and costs of suit, claim or liti includin without limitation attorne fees and other costs, liabilities and expenses incurred b Indemnitees in connection with such proceedin 23 The applicant is responsible for pa all char related to the processin of Plannin this discretionar case application within 30 da of the issuance of the final invoice or prior to the issuance of buildin permits for this pro whichever occurs first. Failure to pa all char shall result in dela in the issuance of re permits or ma result in the revocation of the approval, of this application. 24 The propert shall be developed substantiall in accordance with plans and Plannin specifications submitted to and reviewed b the Cit of Anaheim and which plans are on file with the Plannin Department and as conditioned herein. - 8 - PC2013-036