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Resolution-PC 2015-042 RESOLUTION NO. PC2015-042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING A NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 2015-05789 AND VARIANCE NO. 2015-05014 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00029) (500 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Pen-nit No. 2015- 05789 to permit a brewery, winery and distillery with on-premises sales and consumption of alcoholic beverages, an outdoor patio and tasting area, and a retail store to include the sale of beer and wine for off-premises consumption, and (ii) Variance No. 2015-05014 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") and off-site parking for the aforementioned uses. Conditional Use Permit No. 2015-05789 and Variance No. 2015- 05014 is proposed in conjunction with Detennination of Public Convenience or Necessity No. 2015-000117 related to the sale of alcoholic beverages for off-premises consumption in conjunction with the aforementioned uses, and Zoning Code Amendment No. 2015-00126 to allow Alcoholic Beverage Manufacturing (ABM) facilities and the sale of alcoholic beverages for off-premises consumption in the Neighborhood Commercial district of the South Anaheim Boulevard Corridor (SABC) Overlay zone (collectively referred to herein as the "Proposed Project") for premises located at that certain real property at 500 South Anaheim Boulevard, 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 is approximately 0.44 acres in size and is currently developed with a 10,590 square foot vacant commercial building. The Anaheim General Plan designates the Property for Low Medium Density Residential land uses. The Property is located in the Neighborhood Commercial District of the South Anaheim Boulevard Corridor (SABC) Overlay Zone and is subject to the zoning and development standards of the "C-NC" Neighborhood Center Commercial Zone contained in Chapter 18.08 (Commercial Zones) of the Code; provided, however, that the requirements of the SABC Overlay Zone, as set forth in Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone shall apply to the property and supersede any inconsistent regulations of the "C-NC" Neighborhood Center Commercial.Zone; and WHEREAS, a duly noticed public hearing was scheduled before the Planning Commission at the Civic Center in the City of Anaheim on June 15, 2015 at 5:00 p.m. to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 1 - PC2015-042 WHEREAS, following preliminary review, the City prepared an Initial Study to deten-nine if the Proposed Project may have a significant effect on the environment, which Initial Study shows that there is no substantial evidence, in light of the whole record before the City, that the Proposed Project may have a significant effect on the environment; and WHEREAS, a draft Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Negative Declaration was circulated was posted for a 20-day public/responsible agency review on May 21, 2015 and was also made available for review on the City's website at www.anabeim.net. A complete copy of the Negative Declaration is on file and can be viewed in the Planning Division of City Hall located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California. Copies of said document are also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Negative Declaration to (a) the public pursuant to Section 15072(b) of the State CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the State CEQA Guidelines; and WHEREAS, the City intends and desires to use the Negative Declaration as the environmental documentation required by CEQA, the State CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, based upon a thorough review of the Proposed Project and the Negative Declaration and the comments received to date and the responses prepared, staff finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval attached to this Resolution; 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 Conditional Use Pen-nit No. 2015- 05789, does find and determine the following: 1. The request for a conditional use permit to permit the Proposed Project is an allowable use authorized by Subsection .010 of Section 18.36.040 (Alcoholic Beverage Manufacturing) of the Code, subject to a conditional use permit and the zoning and development standards of the underlying "C-NC" Neighborhood Center Commercial Zone pursuant to subsection .010 (Primary Uses) of Section 18.08.030 (Uses) of Chapter 18.08 of the Code, and further subject to City Council approval of Zoning Code Amendment No. 2015-000126 to allow Alcoholic Beverage Manufacturing (ABM) facilities and the sale of alcoholic beverages for off- premises consumption in the Neighborhood Commercial district of the South Anaheim Boulevard Corridor(SABC) Overlay zone. 2. The conditional use permit, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with a commercial building and there are a sufficient amount of spaces in the off-site parking lots and structures to accommodate the parking demand for the businesses. -2 - PC2015-042 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4. The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because all customer and employee traffic and parking will be provided in off-site public parking lots and structures in the nearby downtown area. 5. The granting of Conditional Use Permit No. 2015-05789 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, based upon the parking management plan prepared by the City's traffic and parking consultant, LSA Associates, to justify the parking variance, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code and off-site parking should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces, (131 spaces required; 0 on-site spaces proposed) 1. Based upon a review of the findings of a parking management plan prepared by the City's parking consultant, the variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the nonnal and reasonably foreseeable conditions of operation of such use because ample and adequate parking is provided within public parking structures located within a reasonable walkable distance (0.23 to 0.33 mile) from the Proposed Project; and 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because ample and adequate parking is provided within public parking lots in the downtown area. Moreover, a parking survey determined that less than 40 percent of these spaces are utilized during the periods when the Proposed Project will experience its highest parking demand; and 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because ample and adequate parking is provided within public parking lots in the downtown area within a reasonable walking distance; and 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because because ample and adequate parking is provided within public parking lots in the downtown area within a reasonable walking distance; and - 3 - PC2015-042 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the Packing District will operate a free shuttle within the downtown area to shorten the walking distance from available parking spaces to the project site. 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 by the Planning Commission as follows: I. That the Negative Declaration has been prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual and serves as the appropriate environmental documentation for the Proposed Project; and 2. That the Planning Commission has carefully reviewed and considered the information contained in the Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project; and 3. Based upon the record before it (including the Initial Study and any comments received), the Planning Commission finds that the Proposed Project will have a less than significant impact upon the environment and that the Negative Declaration reflects the independent judgment and analysis of the Planning Commission and the City of Anaheim; and 4. The Negative Declaration are hereby approved and adopted; and 5. The Negative Declaration together with the Initial Study and other materials which constitute the record of the proceedings upon which the decision of the Planning Commission is based are on file in the Planning Division of the City of Anaheim located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California; and 6. City staff is authorized and directed to file with the Clerk of the County of Orange a Notice of Determination following adoption of this Resolution in accordance with Section 15075(a) of the State CEQA Guidelines. - 4 - PC2015-042 BE IT FURTHER. RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby approve Conditional Use Pen-nit No. 2015-05789 and Variance No. 2015-05014, contingent upon and subject to (1) the adoption by the City Council of Zoning Code Amendment No. 2014-00126, an ordinance that will allow Alcoholic Beverage Manufacturing facilities and the sale of alcoholic beverages for off-prernises consumption in the Neighborhood Commercial district of the South Anaheim Boulevard Corridor Overlay zone; and (2) approval of Public Convenience or Necessity No. 2015-00117 related to the sale of alcoholic beverages for off-premises consumption in conjunction with the aforementioned uses, both of which entitlements are now pending, and further contingent upon and subject to 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 under Conditional Use Permit No. 2015-05789 and Variance No. 2015-05014 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, (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. 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. - 5 - PC2015-042 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of'June 15, 2015. 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. CHAIR AN, PLA N OMMISSION OFT CITY OF A M ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, 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 June 15, 2015 by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK., CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of June, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-042 EXHIBIT "A" DEV NO. 2015-00029 APN: 251-084-08 co W ids r' A� C1 �y Y C*� .»TM4 C7 5� i0t? Source:Recorded Tract Maps and/or City GIS. Please note the accuracy is+/-two to five feet. - 7 - PC2015-042 EXHIBIT "c " CONDITIONAL USE PERMIT NO. 2015-05789 AND VARIANCE NO. 2015-05014 ( EV2015-00029) RESPONSIBLE CONDITIONS APPROVAL DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The location(s) for future above-ground utility devices including, Planning Department, but not limited to, electrical transformers,water backflow devices, Code Enforcement gas, communications and cable devices, etc., shall be shown on the Division plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 2 The developer shall submit street improvement plans for work within Public Works public right-of-way to the Public Works Department, Development Department, Services Division and a bond shall be posted to guarantee the Development Services construction of all public works improvements. The improvements Division shall be constructed prior to final building and zoning inspections. 3 The property owner (the City, as the Successor Agency to the Public Works Anaheim Redevelopment Agency), after receiving authority from Department, the State of California to convey property, shall irrevocably offer to Development Services dedicate to the City of Anaheim an easement of 53 feet in width, and Division to the edge of the existing building, from the centerline of Anaheim Boulevard for road,public utilities and other public purposes. P OR TO'FINAL BUILDING AND ZONING INSPECTIONS 4 An Encroachment License shall be executed by the owner and Public Works recorded for any non-standard/private improvements that encroach Department, over the public right-of-way line. Development Services Division OP'ERATIOIVAL CONDITIONS OF APPROVAL 5 The availability of parking for this building shall be operated in Planning Department, accordance with the Parking Management Plan submitted as part of Planning Services this application. Any changes to the business operation as described Division in that document shall be subject to review and approval by the Planning Director to determine substantial conformance to ensure compatibility with the surrounding uses. 6 Security measures shall be provided to the satisfaction of the Police Department Anaheim Police Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 8 - PC2015-042 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 7 The business shall not be operated in such a way as to be detrimental Police Department to the public health, safety, or welfare of the surrounding area. 8 There shall be no admission fee, cover charge, nor minimum Police Department purchase of alcoholic beverages required, 9 All businesses shall be open no later than 12:00 midnight seven days Police Department a week. 10 All persons serving or otherwise dispensing alcoholic beverages Police Department shall be 21 years old or older. 11 Persons serving alcohol shall not consume any alcoholic beverages. Police Department 12 The number of persons shall not exceed the maximum occupancy Police Department 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). 13 Alcoholic beverages shall only be sold and served in distinctive cups Police Department with a logo from the location it has been dispensed from. No other cups may be used for the dispensing of alcoholic beverages. Said containers shall be distinct and different than containers of non- alcoholic beverages. 14 If there is a gate/door in the perimeter fence for the patio, there shall Police Department be a sign stating"No alcohol beyond this point". The gate shall also be self-closing. 15 There shall be a security guard or employee in the outdoor patio area Police Department any time patrons are present. 16 Entertainment shall not be allowed in the outdoor patio area. Police Department Outdoor events and/or entertainment, if any, shall be subject to issuance of a Special Event Permit and all applicable regulations of the Anaheim Municipal Code. 17 A security plan shall be submitted to the Chief of Police or his/her Police Department designee for review and approval prior to operation of the business. The plan shall include the number of security personnel that will be provided,job duties and description, procedures on communication, ID check, occupancy load and a detailed description of how problems and problem guests will be handled. 18 The licensee(s) shall not maintain or construct any type of enclosed Police Department room intended for use by patrons or customers for any purpose. - 9 - PC2015-042 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT This does not include storage, manufacturing or office areas to be used exclusively by the licensee(s). 19 Petitioner shall police the area under their control in an effort to Police Department prevent the loitering of persons around the premises. GENERAL CON01TIONS OF,APPROVAL 20 No unscreened roof-mounted equipment shall be pennitted on the Planning Department, building. Code Enforcement Division 21 Trash storage area(s) shall be refurbished and maintained in Public Works, Streets location(s) acceptable to the Public Works Department, Streets and Sanitation Division and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. 22 Adequate lighting of passageways, recesses, and grounds contiguous Police Department, to buildings shall be provided with lighting of sufficient wattage to Planning & Research provide adequate illumination to make clearly visible the presence of Unit any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. 23 Any graffiti painted or marked upon the premises or on any adjacent Planning Department, area under the control of the property owner shall be removed or Code Enforcement painted over within 24 hours of being applied. Division 24 The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively referred Planning Services to individually and collectively as "Indemnitees") from any and all Division claims, 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 detenninations taken, done, or made prior to the decision, or to detennine 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. - 10 - PC2015-042 - }] - PC2015-042