Resolution-PC 2017-061RESOLUTION NO. PC2017-061
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2017-05919 AND VARIANCE NO. 2017-05093 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00051)
(1921-1931 EAST WRIGHT CIRCLE)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve (i) Conditional Use Permit No. 2017-05919 to permit the
establishment of a brewery, to include a tasting room and outdoor patio area and the on and off -
premises sale and consumption of alcoholic beverages within an existing industrial building; and
(ii) Variance No. 2017-05093 to permit fewer parking spaces than required by the Zoning Code
(herein referred to collectively as the "Proposed Project") at 1921-1931 East Wright Circle in the
City of Anaheim (the "Premises"), 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 1.38 -acres in size and developed with an
existing industrial building. 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 "I" Industrial 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 "I" Industrial. 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 "I" Industrial Zone; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 10, 2017, 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 Code, 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 the Planning Commission
continued the item to the August 7, 2017 meeting; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 7, 2017 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.
2017-05919 and Variance No. 2017-05093, 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
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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 I —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 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 with respect to the request for Conditional Use Permit No. 2017-05919, does find and
determine the following:
1. The proposed request to permit a brewery and tasting room with on and off -premises
consumption of alcoholic beverages located in an existing industrial business complex is an
allowable use within the "I" Industrial Zone under subsection .010 of Section 18.10.030 (Uses) of
Chapter 18.10 (Industrial Zones) of the Code, subject to a conditional use permit and the zoning
and development standards of the "I" Industrial Zone.
2. The proposed request to permit a brewery and tasting room with on- and off -premises
consumption of alcoholic beverages 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 industrial building and the proposed use of the Property as a brewery
and tasting room is compatible with the residential and industrial uses in the surrounding area,
subject to compliance with the conditions of approval contained herein.
3. The size and shape of the site is adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area nor to the health, safety and general welfare
of the public because the Property is currently improved with an industrial building, no expansion
to the building is proposed, and sufficient parking will be provided on the property based on the
staggered hours of operation and a peak parking demand of 53 spaces for the proposed use.
4. The traffic generated by permitting the brewery and tasting room with on- and off -
premises consumption of alcoholic beverages would not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because the number of vehicles
entering and exiting the Property are consistent with the permitted businesses within the
surrounding industrial business complex.
5. The granting of Conditional Use Permit No. 2017-05919, 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.
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WHEREAS, based upon information contained in the letter of operation prepared by
the applicant, as well as City staff observations at the site, the Planning Commission does further
find and determine that the request for Variance No. 2017-05093 to permit less parking spaces
than required by the Code should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(84 spaces required; 61 on-site spaces proposed)
1. That the variance, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the all uses on the Property than the number of such spaces
necessary to accommodate all vehicles attributable to such uses under the normal and reasonably
foreseeable conditions of operation of such uses. Based on operating hours of the uses on site, the
proposed parking will be adequate to serve the needs of the proposed brewery and tasting room as
the peak hours of operation will not occur at the same time, and the uses will only overlap for a 2
hour non -peak period. The brewery use is classified as an "alcohol manufacturing with accessory
on- and off-site consumption" and alcohol manufacturing use requires 21 spaces per code;
however, manufacturing hours of operation would cease regularly at 2:00 p.m. and would only
require a maximum of 10 spaces to accommodate 5-10 brewing employees during this time. The
tasting room hours are requested from 12:00 p.m. to 10:00 p.m. Sunday to Thursday, 12:00 p.m.
to 12:00 a.m. Friday and Saturday; however, the applicant has indicated that peak demand would
occur between 4:00 p.m. to 9:00 p.m.; therefore, during peak demand for the tasting room would
be 53 spaces and would be accommodated by the 61 on-site parking spaces.
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 Property
because the proposed number of on-site parking spaces is sufficient to accommodate the needs of
the brewery and tasting room, which, through information provided by the applicant regarding
hours of operation and peak usage, is determined to be adequate to serve the needs of the proposed
and existing uses on site;
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 the proposed number of parking spaces on-site will be sufficient to
accommodate the parking demands for uses proposed which have been described to maintain non
conflicting peak operating hours;
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 adequate ingress
and egress points are provided at the front of the Property and parking is proposed at the rear of
the property; and
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 proposed use can accommodate all parking demands on site with the
available parking as the uses will operating during opposite peak hours and parking is proposed at
the rear of the property; and
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WHEREAS, this 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. This 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. 2017-05919 and Variance No. 2017-05093, contingent upon
and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated
herein by this reference.
BE IT FURTHER RESOLVED that the conditions of approval, as they relate to the uses
permitted under Conditional Use Permit No. 2017-05919 and Variance No. 2017-05093 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 that relate to the uses permitted under
Conditional Use Permit No. 2017-05919 and Variance No. 2017-05093 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 maybe 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 this 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of August 7, 2017. 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.
CHAIRPERSON, 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 August 7, 2017, by the following vote of
the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of August,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05919 AND VARIANCE NO. 2017-05093
(DEV2017-00051)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1
All requests for new water services, backflow equipment, or fire lines,
Public Utilities
as well as any modifications, relocations, or abandonments of existing
Department,
water services, backflow equipment, and fire lines, shall be
Water Engineering
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
Division
2
The building shall be equipped with an alarm system (silent or audible).
Police Department
3
Complete a Burglary/Robbery Alarm Permit application, Form APD
Police Department
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
4
Final landscape plans shall be submitted for review and approval by the
Planning and Building
Planning Director or his/her designee. Landscaping shall be installed
Department,
prior to the issuance of a Certificate of Occupancy for the business.
Planning Services
5
All exterior doors to have adequate security hardware, e.g. deadbolt
Police Department
locks.
OPERATIONAL CONDITIONS
6
That ongoing during project operations, vehicle deliveries including
Public Works
loading and unloading shall be performed on site. Delivery vehicles
Department,
shall not block any part of the public right of way.
Traffic Engineering
Division
7
Building plans shall show conformance with the current version of
Public Works
Engineering Standard Detail 470 pertaining to parking standards.
Department,
Subject property shall thereupon be developed and maintained in
Traffic Engineering
confonnance with said plans.
Division
8
The business shall not be operated in such a way as to be detrimental to
Police Department
the public health, safety or welfare.
9
Any and all security officers provided shall comply with all State and
Police Department
Local ordinances regulating their services, including, without
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
limitation, Chapter 11 .5 of Division 3 of the California Business and
Profession Code. (Section 4.16.070 Anaheim Municipal Code)
10
Security measures shall be provided to the satisfaction of the Anaheim
Police Department
Police Department. Such measures shall deter unlawful conduct of
employees and patrons, promote the safe and orderly assembly and
movement of persons and vehicles, and prevent disturbances to the
neighborhood by excessive noise created by patrons entering or leaving
the premises.
11
Managers, owners, and wait staff need to call the Department of
Police Department
Alcoholic Beverage Control and obtain LEAD (Licensee Education on
Alcohol and Drugs Program) Training. The contact number is 714-558-
4101.
12
There shall be no admission fee, cover charge, nor minimum purchase
Police Department
required.
13
Signs shall be posted inside all patio doors stating "No alcoholic
Police Department
beverages allowed past this point."
14
Door(s) shall be kept closed at all times during the operation of the
Police Department
premises except in cases of emergency.
15
The tasting room shall close at 10:00 p.m. Sunday through Thursday
Police Department
and 12:00 a.m. (midnight) on Friday and Saturday. Alcohol sales shall
cease 30 minutes prior to the closing of the tasting room.
16
The outdoor patio area shall close at 9:00 p.m. daily.
Police Department
17
Subject alcoholic beverage license shall not be exchanged for a public
Police Department
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.
18
There shall be no entertainment, amplified music or dancing permitted
Police Department
on the premise at any time unless the proper permits have been obtained
from the City of Anaheim.
19
The brewery shall be operated in accordance with the Statement of
Planning and Building
Operations submitted as part of this application. Any changes to the
Department,
business operation as described in that document shall be subject to
Planning Services
review and approval by the Planning Director to determine substantial
Division
conformance with the Letter of Request and to ensure compatibility with
the surrounding uses.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
INDUSTRIAL COMPLEX
20
The owner of the Property shall be responsible for maintaining the
Planning Department,
Property in an orderly fashion through the provision of regular
Code Enforcement
maintenance and removal of trash or debris. Any graffiti painted or
Division
marked upon the buildings making up the subject Property shall be
removed or painted over within 24 hours of being applied.
21
The property owner/tenant shall provide adequate lighting of parking
Police Department
lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings. Lighting shall be 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. All exterior doors shall have their own light source, which shall
adequately illuminate door areas at all hours to make clearly visible the
presence of any person on or about the premises and provide adequate
illumination for persons exiting the building.
22
No required parking area shall be fenced -off or otherwise enclosed for
Planning Department,
outdoor storage uses.
Code Enforcement
Division
GENERAL
23
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
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 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.
24
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
25
The subject Property shall be developed, used and maintained
Planning Department,
substantially in accordance with plans and specifications submitted to
Planning Services
the City of Anaheim by the petitioner and which plans are on file with
Division
the Planning Department, and as conditioned herein.
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