Resolution-PC 2016-044RESOLUTION NO. PC2016-044
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM DETERMINING THAT THE PREVIOUSLY -CERTIFIED
ENVIRONMENTAL IMPACT REPORT NO. 2010-00343 AND ADDENDUM
THERETO ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05492A
(DEV2016-00039)
(2626 EAST KATELLA AVENUE, SUITE 207)
WHEREAS, on September 28, 2010, the City Council of the City of Anaheim (herein
referred to as the "City Council") adopted its Resolution No. 2010-161, certifying the ARTIC
Environmental Impact Report No. 2010-00343 ("EIR No. 343") in support of the Anaheim
Regional Transportation Intermodal Center ("ARTIC") project, which proposed to relocate the
existing Anaheim Metrolink/Amtrak passenger rail station 0.25 mile east along the existing
Orange County Transportation Authority ("OCTA") railroad right-of-way and included, among
other improvements, the development of an intermodal terminal, a public plaza and drop-off
area, tracks, passenger rail boarding platforms, improvements to Douglass Road, and surface
parking. The City Council determined that EIR No. 343 addressed the environmental impacts
and mitigation measures associated with the development of the ARTIC project and associated
actions; and
WHEREAS, on April 23, 2012, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (the "Planning Commission"), by its Resolution
No. PC2012-029, approved Conditional Use Permit No. 2010-05492 (herein referred to as the
"Original CUP") to permit the development and construction of ARTIC, which is located at 2626
East Katella Avenue 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 conditions of approval that were the subject of the Original CUP shall be
referred to herein as the "Previous Conditions of Approval"; and
WHEREAS, by motion made on May 29, 2012 in conjunction with its adoption of
Resolution No. 2012-046 approving the Original CUP, the City Council approved an Addendum
to EIR No. 343 (the "Addendum"). The Addendum evaluated refinements to the project
description identified in EIR No. 343, including, among other things, a reduction in building
square footage at the intermodal terminal building; a change to an above -grade bus transit
facility; the addition of a pedestrian concourse; removal of the Metrolink/Amtrak concourse
tunnel; addition of a baggage tunnel; changes to the platform width and length; reduced width of
the Douglass Road Bridge; and modifications to Douglass Road and Katella Avenue; and
WHEREAS, the Original CUP permitted a total of five California Department of
Alcoholic Beverage Control ("ABC") alcoholic beverage licenses at the Property: up to four
Type 47 (On Sale General — Eating Place) ABC licenses authorizing the sale of beer, wine and
distilled spirits for consumption at a restaurant, and one Type 48 (On -Sale General — Public
Premises) ABC license authorizing the sale of beer, wine and distilled spirits for on -premises
consumption without the sale and service of food; and
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WHEREAS, the Planning Commission did receive a verified petition to amend the
Original CUP, designated as "Conditional Use Permit No. 2010-05492A", to modify the Original
CUP and, specifically, Condition No. 27 of the Previous Conditions of Approval to substitute a
Type 75 (On Sale General — Brewpub) ABC license in the place and stead of one of the Type 47
(On Sale General — Restaurant) ABC licenses, which would permit the sale of beer, wine and
distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of
beer within that portion of the Property commonly known as Suite 207 (herein referred to as the
"Proposed Project"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 1, 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 of the
Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against proposed
Conditional Use Permit No. 2010-05492A 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") and the State of California Guidelines for 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
WHEREAS, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 —
Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 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 Property is located in the "SP" Semi -Public Zone and the Platinum
Triangle Mixed Use (PTMU) Overlay Zone, meaning that the provisions of the PTMU Overlay
Zone shall apply to the Property in addition to and, where inconsistent therewith, shall supersede
any regulations of the "SP" Semi -Public Zone. The Anaheim General Plan designates the
Property for Mixed -Use land uses; and
WHEREAS, the sale of alcoholic beverages to consumers for consumption off the
premises where sold is a conditionally permitted use within the PTMU Overlay Zone and, but for
the existence of the Original CUP, would supersede the regulations of the "SP" Semi -Public
Zone related to the Property, which only permits the sale of alcoholic beverages to consumers for
consumption on the premises where sold. With respect to the Property, the Original CUP and
Conditions No. 27, 29 and 31 of the Previous Conditions of Approval govern the sale and
consumption of alcoholic beverages at the Property. Condition No. 29 of the "Previous
Conditions of Approval" prohibits the sale at the Property of alcoholic beverages for
consumption off the premises where sold; and
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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. 2010-05492A, does find
and determine the following facts:
1. While the Original CUP permitted up to four Type 47 (On Sale General — Eating
Place) ABC licenses authorizing the sale of beer, wine and distilled spirits for consumption at a
restaurant at the Property, Condition No. 31 of the Previous Conditions of Approval anticipated
that an ABC license for a restaurant authorized under the Original CUP could be exchanged for
another type of ABC license so long as such exchange did not involve the substitution for a
"public premises" type license. Moreover, the sale of beer, wine and distilled spirits at the
Property for consumption on the premises where sold is a conditionally permitted use in the "SP"
Semi -Public Zone under paragraph .0402 of subsection .040 of Section 18.14.030 (Uses) of the
Code provided that the sale of alcoholic beverages to consumers is limited to consumption on the
premises where sold, and is also a conditionally permitted use within the PTMU Overlay Zone
under subsection .030 of Section 18.20.030 (Mixed Use District Uses) of the Code.
2. The proposed amendment to Conditional Use Permit No. 2010-05492, as
conditioned herein, would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the brew pub would
function similarly to the previously approved restaurant with on -sale of alcohol.
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.
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
Proposed Project is located inside the transit facility and the proposed brew pub is a type of use
for which the transit facility was originally designed.
5. The granting of Conditional Use Permit No. 2010-05492A under the condition
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.
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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons
hereinabove specified does hereby approve Conditional Use Permit No. 2010-05492A to amend
the Original CUP to allow a Type 75 (On Sale General — Brewpub) ABC license in the place and
stead of one of the Type 47 (On Sale General — Restaurant) ABC licenses authorized and
permitted under Condition No. 27 of the Previous Conditions of Approval, which would permit
the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a
limited amount of brewing of beer. To that end, effective upon the effective date of this
Resolution, Condition No. 27 of the Previous Conditions of Approval is hereby amended and
restated to read in full as follows:
27. That the transit facility shall only include as accessory uses, those
uses permitted by right within the Semi -Public Zone and the following
uses as described in Chapter 18.36 (Types of Uses) of the Anaheim
Municipal Code:
1. Alcoholic Beverages Sales -On -Sale (up to two Type 47 ABC
Licenses, one Type 75 (On Sale General — Brewpub) ABC
License, and one Type 48 ABC License
2. Automated Teller Machines (ATM's)
3. Automotive - Public Parking
4. Automotive - Rental Agencies
5. Bars and Nightclubs (one Type 48 ABC License)
6. Business & Financial Services
7. Convenience Stores
8. Kiosks
9. Open -Air Festivals
10. Outdoor Displays
11. Personal Services — General
12. Petroleum Storage — Incidental
13. Portable Food Carts
14. Recreation -Low -Impact
15. Recycling Services — Consumer
16. Restaurants -General
17. Restaurants -Semi -Enclosed
18. Retail Sales — General
19. Retail Sales — Kiosks
20. Special Events
BE IT FURTHER RESOLVED that all references to Condition No. 27 of the Original
CUP shall be to the Previous Conditions of Approval, as amended by this Conditional Use
Permit No. 2010-05492A, which shall control and govern the Property.
BE IT FURTHER RESOLVED that this Planning Commission does hereby approve and
adopt Conditional Use Permit No. 2010-05492A 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 in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim.
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BE IT FURTHER RESOLVED that 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 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 1, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code and may be replaced by a City Council Resolution
in the event of an appeal.
�L � -
CHAIR, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 June 1, 2016, by the following vote of the members
thereof.-
AYES:
hereof:
AYES: COMMISSIONERS: CALDWELL, DALATI, HENNINGER, LIEBERMAN,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 1St day of June, 2016.
I
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00039
APN: 232-072-06 E KATELLA AVE
O o sou too Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2010-05492A
(DEV2016-00039)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
1
The applicant shall defend, indemnify, and hold harmless the
city and its officials, officers, employees and agents (collectively
referred to individually and collectively as "indemnitees") from
any and all claims, actions or proceedings brought against
Planning and
indemnitees to attack, review, set aside, void, or annul the
Building Department
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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