Resolution-PC 2014-086RESOLUTION NO. PC2014 -086
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2014 -00107
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00048)
(1174 NORTH GROVE STREET)
WHEREAS, 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 determinations be made by the local governing body pursuant to applicable
provisions of the California Business and Professions Code, and prior to the issuance of a license
by the Department of Alcoholic Beverage Control ( "ABC "); and
WHEREAS, 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; and
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified petition request that the Planning
Commission determine that the public convenience or necessity will be served by the issuance by
the California Department of Alcoholic Beverage Control ( "ABC ") of a Type 23 (Small Beer
Manufacturer) license (herein referred to as "Public Convenience or Necessity No. 2014- 00107 ")
to permit the sale of alcoholic beverages for on- and off - premises consumption within a brewery
and tasting room in conjunction with a request for Conditional Use Permit No. 2014 -05737 and
Variance No. 2014 -04975 (herein referred to as the "Proposed Project ") for certain real property
located at 1174 North Grove Street in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 1. 12 acres, is developed with
industrial building. The Anaheim General Plan designates the Property for Non - Residential
Mixed Use land uses. The Property is located in the Transit Core Area (Development Area 4) of
the Northeast Area Specific Plan Area and is subject to the zoning and development standards of
Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP94 -1) Zoning and Development
Standards) of the Anaheim Municipal Code (the "Code ") combined with the zoning and
development standards of the underlying, base zone for Development Area 4, which is the "O-
L" Low Intensity Office Zone. Unless otherwise indicated in Chapter 18.120 of the Code, the
standards of the "O -L" Low Intensity Office Zone contained in Chapter 18.08 (Commercial
Zones) of the Code shall apply to the Property; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 22, 2014 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
(Procedures) of the Code, to hear and consider evidence for and against said proposed Public
Convenience or Necessity No. 2014 - 00107, and to investigate and make findings and
recommendations in connection therewith; and
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 Proposed Project is within that class of projects (i.e.,
Class 1 — Existing Facilities) 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 Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; 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 Public Convenience or Necessity No. 2014- 00107,
does find and determine the following facts:
1. Pursuant to the authority conferred upon the Planning Director by Section
18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and,
specifically, paragraph .0202 of Subsection .020 (Unlisted Uses Permitted), the Planning
Director has found and determined that the Proposed Project is similar to, and compatible with,
the uses conditionally permitted in paragraph .0518 of Subsection .050 (Conditional Uses and
Structures) of Section 18.120.090 of the Code. Therefore, the proposed request to permit a
brewery and tasting room with an outdoor patio is a use which may be conditionally permitted in
the Transit Core Area (Development Area 4) and the "O -L" Low Intensity Office Zone.
2. That California state law requires a determination of "Public Convenience or
Necessity" when property is located in a police reporting district with a crime rate above the City
average and has an over - concentration of licenses; 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.
3. That Resolution No. 95R -134 authorizes the City of Anaheim Police Department
to make recommendations related to the public convenience or necessity determinations; and
when the sale of alcoholic beverages for on- premises consumption is permitted by the Municipal
Code under Conditional Use Permit No. 2014- 05737, 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.
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4. That the Property is located in Reporting District 1333, which has a crime rate
which is below the City average. The Property is also located in Census Tract 117.14, which
permits no on or off -sale licenses. Currently, there are 7 on -sale licenses and 2 off -sale licenses
existing within Census Tract 117.14.
5. That there are no schools or residential uses adjacent to the subject Property.
6. That there are three other on and off -sale licenses for other breweries within this
Census Tract and the addition of this business would support the vision of Anaheim as a craft
beer destination. The conditions of approval will ensure that approval of the proposal will not
adversely affect any adjoining land use or the growth and development of the surrounding area.
7. That the 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 the granting of 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.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
determine that the public convenience or necessity will be served by the issuance of a license for
the sale of alcoholic beverages for on- and off - premises consumption within a brewery and
tasting room at this location and, accordingly, hereby approves Public Convenience or Necessity
No. No. 2014 - 00107, contingent upon and subject to the conditions of approval described 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 conditions of approval may be granted in accordance with Section 18.60.170 of the
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 Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code.
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BE IT FURTHER RESOLVED that the 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 22, 2014. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
C IRMAN, PLA G COMMISSION
OF HE CITY OCANKHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on September 22, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 22 day of September, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A."
DEN'2O14 -00048
1APN: 345 - 131 -09
lowki
I
v
Source: Recorded Tract Maps and/or City GI S.
Please note the accuracy is +I- two to five feet.
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EXHIBIT "B"
PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00107
(DEV2014- 00048)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
ON -GOING DURING PROJECT OPERATIONS
1
There shall be no exterior advertising or sign of any kind or type,
Police Department
including advertising directed to the exterior from within, promoting or
indicating the 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.
2
Security measures shall be provided to the satisfaction of the Anaheim
Police Department
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.
3
Any and all security officers provided shall comply with all State and
Police Department
Local ordinances regulating their services, including, without limitation,
Chapter 11.5 of Division 3 of the California Business and Profession
Code. (Section 4.16.070 Anaheim Municipal Code).
4
Petitioner shall not share any profits, or pay any percentage or
Police Department
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.
5
There shall be no entertainment, amplified music or dancing permitted on
Police Department
the premise at any time unless the proper permits have been obtained
from the City of Anaheim.
6
The number of persons attending the event shall not exceed the
Police Department
maximum occupancy load as determined by the Anaheim Fire
Department. Signs 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).
7
There shall be no amplified music in the patio area.
Police Department
8
Managers, owners, and wait staff need to call the Department of
Police Department
Alcoholic Beverage Control and Police Department obtain LEAD
(Licensee Education on Alcohol and Drugs Program) Training. The
contact number is 714 -558 -4101.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
9
There shall be no admission fee, cover charge, nor minimum purchase
Police Department
required.
10
Individual signs shall be posted inside the brewery near all exit doors,
Police Department
including the patio entrance /exit stating "No alcoholic beverages allowed
past this point."
GENERAL
11
The subject Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning Department, and
Division
as conditioned herein.
12
Conditions of approval related to each of the timing milestones above
Planning Department,
shall be prominently displayed on plans submitted for permits. For
Planning Services
example, conditions of approval that are required to be complied with
Division
prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical plans,
landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
13
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
Division
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
14
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees ") from any and all claims,
Division
actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages,
fees and /or costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys' fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
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