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Resolution-PC 2016-025RESOLUTION NO. PC2016-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05841 AND VARIANCE NO. 2016-05063 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00122) (2390 EAST ORANGEWOOD AVENUE, SUITE 100) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05841 and Variance No. 2016-05063 to permit a restaurant and brewery within an office building to include the following land use entitlements: (i) a conditional use permit to allow on- and off -premises sales and consumption of beer and wine and a building and outdoor patio area that does not conform to the Platinum Triangle Special Area Setback Requirements; and (ii) a variance to allow fewer parking spaces than required by the Zoning Code (herein referred to collectively as the "Proposed Project") at 2390 East Orangewood Avenue, Suite 100 in the City of Anaheim (the "Premises"). The Premises will be located within an existing office complex on that certain real property generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 2.0 acres in size, developed with an office building, and located at 2390 East Orangewood Avenue. The Land Use Element of the Anaheim General Plan designates the Property for "M -U" Mixed Use land uses. The Property is located in the "C -G" General Commercial Zone and the Platinum Triangle Mixed Use (PTMU) Overlay Zone. Generally, the development standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code (the "Code") supersede the regulations of the underlying zone, i.e., that of the "C -G" General Commercial Zone. However, the provisions of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) do not apply to parcels that have been, or are proposed to be, developed entirely under the "C -G" General Commercial Zone, provided, however, that any structure or addition to an existing structure, as is the case here, must comply with the Platinum Triangle Special Area Setback requirements of Section 18.40.050 (Special Area Setbacks) of the Code, unless a conditional use permit is approved based upon the findings that the evidence presented shows that all of the conditions set forth in Section 18.66.060 of the Code exist, as well as the condition that the use and/or structure will bring the Premises and the Property into greater conformity with the intent of the Platinum Triangle Master Land Use Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 21, 2016 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 proposed Conditional Use Permit No. 2015-05841 and Variance No. 2016-05063, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2016-025 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 Implementation of the California Environmental Quality Act (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 WHEREAS, this Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of the CEQA Guidelines. Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation and all applicable General Plan policies and is consistent with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, 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 pertaining to the request for Conditional Use Permit No. 2015-05841, does find and determine the following facts: 1. The proposed request to permit a restaurant and brewery with the sale and consumption of beer and wine in an existing office complex, with a building and outdoor patio area that does not conform to the minimum setback requirements of Section 18.40.050 (Special Area Setbacks) of the Code, is an allowable use within the "C -G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C -G" General Commercial Zone and the findings required under paragraph .0104 of subsection .010 of Section 18.40.050 (Special Area Setbacks) for structures that do not comply with the Platinum Triangle Special Area Setback requirements. 2. The proposed request to permit a restaurant and brewery with the sale and consumption of beer and wine and a building and outdoor patio area that does not conform to the Platinum Triangle Special Area setback requirements for an existing office complex would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is currently developed with an office building and the proposed use of a portion of the Property as a restaurant and brewery is compatible with the existing uses within the office complex and uses in the surrounding area. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to the particular area or to the health and safety because the facilities on the Property will adhere to all required land use standards. - 2 - PC2016-025 4. The traffic generated by the proposed project 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 anticipated volumes of traffic on the surrounding streets. 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 as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. 6. The use and/or structure will bring the Premises and the Property into greater conformity with the intent of the Platinum Triangle Master Land Use Plan. WHEREAS, based upon the parking study submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for Variance No. 2016-05063 for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040 Minimum number of parking spaces. (1,256 spaces required; 1,249 spaces proposed) 1. The variance for the Property, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the Property, including the proposed restaurant and brewery, than the number of such spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses; 2. The variance for the Property, 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 the on-site parking will adequately accommodate the peak parking demands of all combined uses on the site; 3. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking for the office complex uses will adequately accommodate peak parking demands of all uses on the site; 4. The variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. The variance for the Property, 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 Property because the Property has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property. - 3 - PC2016-025 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 approve Conditional Use Permit No. 2015-05841 and Variance No. 2016-05063, 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. 2015-05841 and Variance No. 2016-05063 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. - 4 - PC2016-025 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 21, 2016. 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. 4CHAI,PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 March 21, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CALDWELL IN WITNESS WHEREOF, I have hereunto set my hand this 21" day of March, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-025 EXHIBIT "A" DEV NO. 2015-00122 APN: 232-011-32 0 50 100 v Source: Recorded Tract Maps and/or City GIS, Feet Please note the accuracy is +/- two to five feet. - 6 - PC2016-025 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05841 AND VARIANCE NO. 2016-05063 (DEV2015-00122) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL OCCUPANCY 1 The applicant/property owner of the subject property shall enter Planning and Building into a Declaration of Covenants, Conditions and Restrictions, in a Department, form satisfactory to the City Attorney, which shall be recorded in Planning Services the Official Records of the County of Orange, to provide Division reciprocal vehicular access and parking agreements for all parcels within the office complex. 2 An encroachment license shall be executed by the owner and Public Works, recorded for any private facilities that encroach over the right -of- Development Services way line. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 3 The building shall be equipped with an alarm system (silent or Police Department audible). 4 The legal property owner shall enter into a sales and purchase Public Works, agreement with City of Anaheim and execute a deed for dedication Development Services of an easement of 68 feet in width from the street centerline of Orangewood Avenue for road, public utilities and other public purposes. In addition, the building set back shall be measured from 1.5 feet south of ultimate right of way. 5 Complete a Burglary/Robbery Alarm Permit application, Form Police Department APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 6 All exterior doors to have adequate security hardware, e.g. Police Department deadbolt locks. OPERATIONAL CONDITIONS 7 There shall be no admission fee, cover charge, nor minimum Police Department purchase required. 8 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. - 7 - PC2016-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 That subject alcoholic beverage license shall not be exchanged for Police Department a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 10 At all times when the premise is open for business, the premise Police Department shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 11 There shall be no entertainment, amplified music or dancing Police Department permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 12 Security measures shall be provided to the satisfaction of the Police Department Anaheim Polices Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 13 The business shall not employ or permit any persons to solicit or Police Department encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 14 Managers/Owners need to call the Department of Alcoholic Police Department Beverage control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The number is 714-558-4101. 15 Any Graffiti painted or marked upon the premises or on any Police Department adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 16 The petitioner shall be responsible for maintaining free of litter the Police Department area adjacent to the premises over which they have control, as depicted. 17 The number of persons occupying the premises shall not exceed Police Department the 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). - 8 - PC2016-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 The door(s) shall be kept closed at all times during the operation of Police Department the business premises except in cases of emergency. Said door(s) shall not consist of a screen or ventilated security door. 19 The petitioner(s) shall post and maintain a professional quality Police Department sign facing the business premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two-inch block lettering. The sign shall be in English and Spanish. 20 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons about the business premises. 21 No required parking area shall be fenced -off or otherwise enclosed Planning and Building for outdoor storage uses. Department, Code Enforcement Division 22 The restaurant and brewery shall be operated in accordance with Planning and Building the Statement of Operations submitted as part of this application. Department, Any changes to the business operation as described in that Planning Services document shall be subject to review and approval by the Planning Division Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 23 Adequate lighting of parking lots, driveway, circulation areas, Police Department aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. 24 The applicant shall be responsible for maintaining the area Planning and Building adjacent to the premises over which they have control, in an Department, orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon Code Enforcement the premises or on any adjacent area under the control of the Division licensee shall be removed or painted over within 24 hours of being applied. - 9 - PC2016-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 25 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all Planning Services charges shall result in delays in the issuance of required permits or Division may result in the revocation of the approval of this application. 26 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Planning Services Indemnitees to attack, review, set aside, void, or annul the Division 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. 27 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Planning Services Department and as conditioned herein. Division -10- PC2016-025