Resolution-PC 2017-073RESOLUTION NO. PC2017-073
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05910 AND VARIANCE NO. 2017-05095 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00026)
(549-559 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve (i) Conditional Use Permit No. 2017-05910 to
conditionally permit the construction and operation of a brewery with tasting room to include an
outdoor garden with seating area and swimming pool, a full service restaurant with outdoor dining
area, a take-out restaurant, on and off -premises sales and consumption of alcoholic beverages, and
off-site parking; and (ii) Variance No. 2017-05095 to permit fewer parking spaces than required
by the Zoning Code and reduced front and interior setbacks at 549-559 South Anaheim Boulevard
in the City of Anaheim (the Property"). The Property is generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Property, consisting of approximately 0.79 acres, is developed with a
single-family residence, a vacant retail building, and a vacant automotive repair facility. The Land
Use Element of the Anaheim General Plan designates the Property for "R -LM" Low -Medium
Density Residential land uses. The Property is located in the "C -G" General Commercial Zone,
the Residential Opportunity (RO) Overlay zone, and the South Anaheim Boulevard Corridor
(SABC) Overlay Zone. Generally, the development standards and regulations of Chapter 18.24
(South Anaheim Boulevard Corridor (SABC) 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 18.24 (South Anaheim Boulevard Corridor
(SABC) Overlay Zone) do not apply to parcels that have been, or are proposed to be, developed
entirely under the "C -G" General Commercial Zone, which is the case with the Proposed Project;
and
WHEREAS, Conditional Use Permit No. 2017-05910 and Variance No. 2017-05095 to
conditionally permit the sale of alcoholic beverages for on- and off -premises
consumption in conjunction with a brewery and restaurant at the Property.
Conditional Use Permit No. 2017-05910 and Variance No. 2017-05095, shall be referred to herein
collectively as the "Proposed Project"; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 16, 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 the Proposed Project and to investigate
and make findings and recommendations in connection therewith; and
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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 (i.e., Class 32 — In -fill Development Projects) which consists 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, this Planning Commission finds and determines that 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. 2017-05910, does find and
determine the following facts:
1. The proposed request to permit a brewery with tasting room to include an outdoor
garden with seating area and swimming pool, a full service restaurant with outdoor dining area, a
take-out restaurant, on and off -premises sales and consumption of alcoholic beverages, and off-
site parking are allowable uses within the "C -G" General Commercial Zone under 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.
2. The uses proposed under Conditional Use Permit No. 2017-05910, under the conditions
imposed, are compatible with the existing residential and commercial uses in the surrounding area.
3. The size and shape of the site for the uses proposed under Conditional Use Permit No.
2017-05910 are, under the conditions imposed, adequate to allow the full development of the
proposed uses in a manner not detrimental to the particular area or to the health and safety because
the Project will adhere to all required land use standards, with the exception of the parking and
setback variances as described below.
4. The traffic generated by the uses proposed under Conditional Use Permit No. 2017-
05910, under the conditions imposed, 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.
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5. The granting of Conditional Use Permit No. 2017-05910, 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.
WHEREAS, based upon the parking study and parking management plans submitted
by the applicant to justify the variance, the Planning Commission does further find and determine
that the request for Variance No. 2017-05095 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.
(97 spaces required; 76 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 restaurants 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. A parking study prepared by Fehr & Peers Associates, Inc., dated August, 2017, was
submitted in order to analyze the project parking demand. The study identified several factors that
would contribute to a parking demand less than required by Code. Such factors include a the use
of Transportation Network Companies such as Uber and Lyft, a captive ratio for customers
choosing to visit more than one use on the site, and the unique nature and design of the outdoor
garden area. Based on these factors, the study concluded that the actual maximum parking demand
would be 76 spaces, which would be accommodated by a combination of on an off-site parking
spaces;
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- and off-site parking 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 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.
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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 with respect to the request to permit the construction and operation of a brewery with
tasting room to include an outdoor garden with seating area and swimming pool, a full service
restaurant with outdoor dining area, a take-out restaurant, on and off -premises sales and
consumption of alcoholic beverages, with building and landscape setbacks that are less than
required by the Code, has determined that a Variance should be approved for the following reasons:
SECTION NO. 18.08.060.010.0101
SECTION NO. 18.08.060.010.0101
Minimum front landscaped and structural
setback.
(Anaheim Boulevard; 15 feet required; 9 feet, 6
inches proposed)
(Water Street, 10 feet required; 1 foot, 6 inches
proposed)
Minimum interior setback.
(10 feet landscape required; 0 feet landscape
proposed)
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the proposed Project. The reduced setbacks are justified because
the proposed site improvements are constrained due to the existing development of three buildings
that will be protected in place, including the preservation of the historic Burns House. Further, the
proposed wall in the Anaheim Boulevard setback would be located behind the existing building
line and the area would be fully landscaped to soften views of the wall from the public right-of-
way.
2. That, because of these special circumstances, strict application of the Zoning Code
deprives the property of privileges enjoyed by other property under the identical zoning
classification in the vicinity due to the development constraints of the as a result of the preservation
of the historic Burns House. Imposition of the full setback would greatly reduce the overall
development potential of this site by limiting the amount of on-site parking to be provided.
Adequate separation from the residential land use would be provided with the construction of an
8 -foot tall solid masonry wall along the north property line.
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 does hereby
approve Conditional Use Permit No. 2017-05910 and Variance No. 2017-05095, subject to the
conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this
reference. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 16, 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.
f
HAIRPERSON, 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 October 16, 2017, by the following vote of the
members thereof:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
DALATI, KEYS, LIEBERMAN
ARMSTRONG, WHITE
CARBAJAL, GILLESPIE
IN WITNESS WHEREOF, I have hereunto set my hand this 16t" day of October, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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1_*:41;11. VVww %
DEV NO. 2017-00026
fj o so ioo Source: Recorded Tract Maps and/or City GIS.
FO Please note the accuracy is +/- two to five feet.
- 7 - PC2017-073
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05910 AND
VARIANCE NO. 2017-05095
(DEV2017-00026)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF GRADING PERMITS
I
The Developer/Owner shall submit a set of improvement plans for
Public Utilities,
Public Utilities Water Engineering review and approval in
Water Engineering
determining the conditions necessary for providing water service to
the project.
2
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works,
(SWPPP). The SWPPP shall be kept at the project site and be available
Development Services
for Public Works Development Services Division review upon
request.
3
Prepare and submit a final grading plan showing building footprints,
Public Works,
pad elevations, finished grades, drainage routes, retaining walls,
Development Services
erosion control, slope easements and other pertinent information in
accordance with Anaheim Municipal Code and the California Building
Code, latest edition.
4
Prepare and submit a final drainage study, including supporting
Public Works,
hydraulic and hydrological data to the City of Anaheim for review and
Development Services
approval. The study shall confirm or recommend changes to the City's
adopted Master Drainage Plan by identifying off-site and on-site storm
water runoff impacts resulting from build -out of permitted General
Plan land uses. In addition, the study shall identify the project's
contribution and shall provide locations and sizes of catchments and
system connection points and all downstream drainage -mitigating
measures including but not limited to offsite stone drains and interim
detention facilities.
5
The Owner shall obtain the required coverage under California's
Public Works,
General Permit for Stormwater Discharges associated with
Development Services
Construction Activity by providing a copy of the Notice of Intent
(NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste
Discharge Identification (WDID) number.
6
Submit a Final Geotechnical Report to the Public Works Development
Public Works,
Services Division for review and approval. The report shall address
Development Services
any proposed infiltration features of the WQMP.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
The applicant shall submit to the Public Works Department,
Public Works,
Development Services Division, for review and approval, a Final
Development Services
Water Quality Management Plan, as described in Drainage Area
Management Plan for Orange County. Said WQMP shall:
• Address Site Design Best Management Practices (BMPs)
such as minimizing impervious areas, maximizing
permeability, minimizing directly connected impervious
areas, creating reduced or "zero discharge" areas, and
conserving natural areas.
• Incorporate applicable Routine Source Control BMPs.
• Incorporate Treatment Control BMPs.
• Describe the long-term operation and maintenance, identifies
the responsible parties, and funding mechanisms for the
Treatment Control BMPs
PRIOR TO ISSUANCE OF BUILDING PERMITS
8
A private water system with separate water service for fire
Public Utilities,
protection, irrigation, and domestic water shall be provided and
Water Engineering
shown on plans submitted to the Water Engineering Division of the
Anaheim Public Utilities Department.
9
All backflow equipment shall be located above ground outside of
Public Utilities,
the street setback area in a manner fully screened from all public
Water Engineering
streets and alleys. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division
outside of the street setback area in a manner fully screened from
all public streets and alleys. Said information shall be specifically
shown on plans and approved by Water Engineering and Cross
Connection Control Inspector.
10
All requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments of
Water Engineering
existing water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of
the Anaheim Public Utilities Department.
11
All existing water services, meters, meter boxes, and fire services
Public Utilities,
shall conform to current Water Services Standards Specifications.
Water Engineering
Any water service, meter, meter box and/or fire line that does not meet
current standards shall be upgraded if continued use is necessary or
abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
- 9 - PC2017-073
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
12
The Owner shall irrevocably offer to dedicate to the City of Anaheim
Public Utilities,
a twenty (20) foot wide easement for all water service mains and
Water Engineering
service laterals all to the satisfaction of the Water Engineering
Division. The easements shall be granted on the Water Engineering
Division of the Public Utilities Department's standard water
easement deed. The easement deeds shall include language that
requires the Owner to be responsible for restoring any special
surface improvements, other than asphalt paving, including but not
limited to striping, colored concrete, bricks, pavers, stamped
concrete, decorative hardscape, walls or landscaping that becomes
damaged during any excavation, repair or replacement of City
owned water facilities. Provisions for the repair, replacement and
maintenance of all surface improvements other than asphalt paving
shall be the responsibility of the Owner and included and recorded
in the Master CC&Rs for the project.
13
The developer/owner shall submit to the Public Utilities Department
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow
Water Engineering
rate and maximum day and peak hour water demands for the project.
This information will be used to determine the adequacy of the
existing water system to provide the estimated water demands. Any
off-site water system improvements required to serve the project
shall be done in accordance with Rule No. 15A.1 of the Water Utility
Rates, Rules, and Regulations.
14
Individual water service and/or fire line connections will be required
Public Utilities,
for each parcel or residential, commercial, industrial unit per Rule
Water Engineering
18 of the City of Anaheim's Water Rates, Rules and Regulations.
15
The legal owner shall submit an application for a Subdivision Map
Public Works,
Act Certificate of Compliance to the Public Works Development
Development Services
Services Division. The Certificate of Compliance shall be approved
by the City Surveyor and recorded in the Office of the Orange
County Recorder.
16
The applicant shall submit to the Public Works Development
Public Works,
Services Division for review and approval a Lot Line Adjustment
Development Services
document. The document shall be approved by the City Surveyor
and recorded, along with conforming deed, in the office of the
Orange County Recorder.
17
Street improvement plans shall be submitted for improvements
Public Works,
along the frontage of Anaheim Blvd and the Water Street.
Development Services
Improvements shall conform to the City Standards and as approved
by the City Engineer. The ADA access ramp at Anaheim Blvd and
Water Street shall be per City standard 111-3 Case A, type 1.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Parkway landscaping and irrigation shall be installed and connected
to appoint a point of connection on site. Bonds shall be posted in an
amount approved by the City Engineer and in a form approved by
the City Attorney.
18
The property owner shall irrevocably offer to dedicate to the City of
Public Works,
Anaheim a six foot easement for roadway and other public purposes
Development Services
along Anaheim Boulevard and a corner cut-off at Water Street.
19
A Right -of -Way Construction Permit shall be obtained from the
Public Works,
Development Services Division for all work performed in the public
Development Services
right-of-way.
20
Applicant shall demonstrate that turning radius is sufficient to
Public Works,
accommodate trash truck circulation on project or provide an
Operations Division
alternate method to service bin(s) for trash/organic collection
services.
21
Building Plans shall show stop signs, stop bars, and stop legends and
Public Works,
shall be in conformance with the latest versions of Engineering
Traffic Engineering
Standard Details 434 and 435.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
22
Owner shall install approved backflow prevention assemblies on the
Public Utilities,
water service connections serving the property, behind property line
Water Engineering
and building setback in accordance with Public Utilities Department
Water Engineering Division requirements.
23
The developer may be required to relocate the existing street light
Public Works,
where the ADA Ramp is proposed based on the approved design of
Development Services
the ramp.
24
The developer shall improve and repair the westerly portion of the
Public Works,
east -west alley that has not been vacated, to maintain the existing
Development Services
drainage pattern, to the satisfaction of the Public Works Director.
25
All public improvements shall be constructed by the developer,
Public Works,
inspected and approved by the City Inspector.
Development Services
26
All required Water Quality management plan BMPs shall be
Public Works,
constructed and operational to the satisfaction of the City Inspector.
Development Services
27
All remaining fees/deposits required by Public Works department
Public Works,
must be paid in full.
Development Services
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
28
Do Not Enter signs per CAMUTCD shall be installed at the alley at
Public Works,
Water Street.
Traffic Engineering
29
A wall shall be constructed at the intersection of the western property
Public Works,
line and the existing east/west alley which will be closed off by the
Traffic Engineering
proposed project. A wall shall be constructed to prevent both
vehicles and pedestrians from gaining access to the proposed project,
to the satisfaction of the City of Anaheim.
OPERATIONAL CONDITIONS
30
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right-of-way,
Water Engineering
public utility easement or City easement area including but not
limited to striping, colored concrete, bricks, pavers, stamped
concrete, walls, decorative hardscape or landscaping that becomes
damaged during any excavation, repair or replacement of City
owned water facilities. Provisions for maintenance of all said special
surface improvements shall be included in the recorded Master
CC&R's for the project and the City easement deeds.
31
Any Graffiti painted or marked upon the premises or on any adjacent
Police Department
area under the control of the licensee shall be removed or painted
over within 24 hours of being applied.
32
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.
33
Any and all security officers provided shall comply with all State
Police Department
and 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)
34
The applicant 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.
35
The outdoor patio and pool area shall close to patrons at 10:00 p.m.
Police Department
Sunday -Thursday, and 12:00 a.m. (midnight) Friday and Saturday.
All patrons remaining must move into the indoor restaurant or
- 12 - PC2017-073
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
tasting room after the above mentioned hours. The restaurant and
tasting room shall close at midnight daily.
36
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.
37
That subject alcoholic beverage license shall not be exchanged for a
Police Department
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.
38
The patio must be fenced and fully enclosed. If there is a pedestrian
Police Department
gate it must be self-closing and have a sign posted on the interior
that reads "No alcohol beyond this point."
39
Parking lots, driveways, circulation areas, aisles, passageways,
Police Department
recesses and grounds contiguous to buildings, shall be provided with
enough lighting to illuminate and 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 onsite.
40
There shall be no entertainment allowed in any outdoor area unless
a Special Event Permit has been obtained.
Police Department
41
There shall be no entertainment inside the brewery or restaurant
Police Department
without obtaining an Entertainment Permit from the City of
Anaheim.
42
The petitioner(s) shall be responsible for maintaining free of litter
Police Department
the area adjacent to the premises over which they have control, as
depicted.
43
At all times when the premise is open for business, the premise shall
Police Department
be maintained as a bona fide restaurant and shall provide a menu
containing an assortment of foods normally offered in such
restaurant.
44
The permitted event or activity shall not create sound levels which
Police Department
violate any ordinance of the City of Anaheim.
45
The number of persons inside the restaurant 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
-13 - PC2017-073
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
conspicuous place on an approved sign near the main exit from the
room. (Section 25.114(a) Uniform Fire Code)
46
The business shall not be operated in such a way as to be detrimental
Police Department
to the public health, safety or welfare.
47
Any violation of the application, or any attached conditions, shall be
police Department
sufficient grounds to revoke the permit.
48
If wrought iron or similar open construction type fencing is used for
Police Department
the fencing to the north, there shall be some form of decorative
screening used that will help screen headlights from shinning into
the residence.
49
The storage containers shall be constructed to have sound
Police Department
attenuating material inside to help with noise reduction.
50
The project shall operate in accordance with the Parking
Planning and Building
Management Plan prepared by Fehr & Peers, dated August 2017.
Department,
Any deviation shall require review and approval by the Planning &
Planning Services
Building Director, and may be subject to review and approval by the
Division
Planning Commission.
51
The developer shall operate a free shuttle service (Polly the Trolley)
Planning and Building
within Center City, including CarPark 2, which provides visitors the
Department,
opportunity to park at available parking further away from their
Planning Services
destination without increasing walking distance. The trolley shall
Division
operate on Fridays and Saturdays from 12 p.m. to 12 a.m., and
Sunday through Thursday from 12 p.m. to 9 p.m., with 15 -minute
headways according to the route specified in the parking
management plan.
52
Employees shall be required to park in CarPark 2. The developer
Planning and Building
shall provide an employee shuttle, or other form of transportation
Department,
deemed acceptable by the Planning and Building Director to and
Planning Services
from the project site when the trolley is not operating.
Division
53
The restaurant and brewery shall be operated in accordance with the
Planning and Building
Statement of Operations submitted as part of this application. Any
Department,
changes to the business operation as described in that document shall
Planning Services
be subject to review and approval by the Planning Director to
Division
determine substantial conformance with the Letter of Request and to
ensure compatibility with the surrounding uses.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
54
That ongoing during project operations, vehicle deliveries including
Public Works,
loading and unloading shall be performed on site. Delivery vehicles
Traffic Engineering
shall load/unload or block any part of the public right of way.
GENERAL CONDITIONS
55
The following minimum horizontal clearances shall be maintained
Public Utilities,
between proposed water mains/laterals/meters and other facilities:
Water Engineering
• 10 -feet minimum separation (outside wall -to -outside wall)
from sanitary sewer mains and laterals
• 5 -feet minimum separation from all other utilities, including
storm drains, gas, and electric
• 6 -feet minimum separation from curb face
• 10 -feet minimum separation from structures, footings, street
lights, power poles, and trees.
56
No public water main or public water facilities shall be installed in
Public Utilities,
private alleys or paseo areas.
Water Engineering
57
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
Planning Services
permits for this project, whichever occurs first. Failure to pay all
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charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
58
If a Permit Parking District petition is submitted by the
Public Works,
neighborhood for parking -impacted areas originating from the
Traffic Engineering
development of the Project as determined by Public Works, a permit
parking district may be established by City Council per the City's
Permit Parking policies. The Community and Economic
Development Department agrees to fund the cost of establishing the
permit parking district subject to inclusion of such expenditure in
the annual budget approved by City Council. Once established and
only if such expenditures are included as part of the annual budget
approved by the City Council, the Community Development
Department will pay the annual permit costs of district residents (i.e.
resident and guest permits) for a period of no more than 10 years
from date of establishment of the district.
59
Valet operations shall not be permitted without providing a valet
Public Works,
operations plan for review and approval by the Traffic and
Traffic Engineering
Transportation Manager and Police Department.
- 15 - PC2017-073
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
60
All landscaping within the line of sight clear zone per City of
Public Works,
Anaheim Engineering Standard 115-B shall be less than 24" in
Traffic Engineering
height.
61
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
Planning Services
and all claims, actions or proceedings brought against Indemnitees
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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.
62
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 Department
Planning Services
and as conditioned herein.
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- 16 - PC2017-073