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Resolution-PC 2019-034RESOLUTION NO. PC2019-034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2019-05124 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00038) (1060-1072 NORTH ARMANDO STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Variance No. 2019-05124 to permit the expansion of an existing brewery, to include a restaurant and new outdoor patio area with fewer parking spaces than required by the Anaheim Municipal Code (the "Proposed Project") for premises located at 1060 — 1072 North Armando Street 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 Properties are approximately 1.5 -acres in size and are developed with single -story industrial buildings. The Land Use Element of the Anaheim General Plan designates the Property for "Mixed Use Non -Residential" land uses. The property is located within Anaheim Canyon Specific Plan (ACSP) No. 2015-1, DA -7 "Flex Area" zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.120 (Anaheim Canyon Specific Plan) of the Anaheim Municipal Code (the "Code"). Brewery and restaurant uses are permitted by right within the ACSP "DA -7; and WHEREAS, if approved, Variance No. 2019-05124 will allow for a reduction in the minimum number of parking spaces required by Section 18.42.040 (Non-residential parking requirements) of the Code; 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 Implementation of the California Environmental Quality Act (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 did hold a public hearing at the Civic Center in the City of Anaheim on August 5, 2019 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 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 repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible 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 - 1 - PC2019-034 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 Variance No. 2019-05124 to permit fewer parking spaces than required by the Zoning Code, does find and determine the following facts: SECTION NO. 18.42.040.020 Alcoholic Beverage Manufacturing and Restaurants— General. (102 spaces required; 63 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 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 LSA Associates, dated June 24, 2019, was submitted in order to analyze the project parking demand and available supply during peak hours. The study identified factors that would contribute to a parking demand less than required by Code, including an analysis of the actual parking demand of a similar brewery with a restaurant. Based on these factors, the study concluded that the actual peak parking demand would be 61 parking spaces before 5 p.m. and 80 after 5 p.m., for a surplus of 2 to 23 spaces during peak hours depending on the time of day. The brewery would have access to 36 on-site parking spaces, and up to 78 additional off-site parking spaces, depending on the time of day, to accommodate the peak parking demand; 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 and off-site parking will adequately accommodate the peak parking demands of the use 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 the use on the site; 4. The variance for the Property, under the conditions imposed, will not increase traffic congestion within the 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 will provide 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; and - 2 - PC2019-034 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 Variance No. 2019-05124 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference ("Conditions of Approval"). BE IT FURTHER RESOLVED that the Conditions of Approval, as they relate to the uses permitted under Variance No. 2019-05124 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 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 Variance No. 2019-05124 is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval of Variance No. 2019-05124 constitutes approval of the proposed request only to the extent that they comply with the Zoning Code of the City of Anaheim 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. 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. - 3 - PC2019-034 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 5, 2019. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHA RP SON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: v 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 5, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 5" day of August, 2019. A&n...' /'Pt rV- SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-034 EXHIBIT "A DEV NO. 2017-00038 -5- PC2019-034 EXHIBIT "B" VARIANCE NO. 2019-05124 (DEV2017-00038) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 The applicant shall prepare and submit a final grading plan in Public Works accordance with Anaheim Municipal Code and the California Department, Building Code, latest edition. Development Services Division PRIOR TO ISSUANCE OF A BUILDING PERMIT 2 The applicant shall submit a sign plan for on-site directional signs on Planning the property. These signs are to direct motorists from Armando Street Department, to the parking lots on the two brewery properties and the adjacent Planning Services property to the north. Said sign plan is subject to review and Division approval by the Planning Department, Planning Services Division. 3 The developer shall submit plans for the construction of required Public Works public improvements, to the Public Works Development Services Department, Division for review and approval. Development Services Division 4 A Shared Parking Agreement with the properties at 2970-2992 East Planning La Palma Avenue and 3000-3010 East La Palma/1090-1092 North Department, Armando Street, as identified in a parking study prepared by LSA Planning Services Associates dated June 24, 2019, shall be submitted to the Planning Division Department, approved by the City Attorney, and recorded at the Office of the County Recorder. A copy of said agreement shall be filed with the Planning Department. The agreement shall include provisions to ensure that all off-site parking spaces are provided to accommodate the operation of the business at all times. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 5 The applicant shall construct the required improvements in the Right- Public Works of -Way, including those necessary to maintain the ADA path of Department, travel along the project's frontage. Development Services Division 6 The property owner shall submit a written request to the Planning Planning Services Division requesting that Conditional Use Permit No. 2013- Department, 05655 be terminated. Planning Services Division - 6 - PC2019-034 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 7 A right-of-way construction permit is required for any work Public Works performed within the existing public right of way. Department, Development Services Division 8 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 9 Security measures shall be provided to the satisfaction of the Police Department Anaheim 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. 10 Any and all security officers provided shall comply with all State and Police Department 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) 11 The business shall not be operated in such a way as to be detrimental Police Department to the public health, safety or welfare. 12 Managers/Owners need to contact the Department of Alcoholic Police Department Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) or a similar certificate training program for themselves and service employees. 13 There shall be no admission fee, cover charge, nor minimum Police Department purchase required. 14 Signs shall be posted inside all exit doors and patio doors stating, "No Police Department alcoholic beverages allowed past this point." 15 The number of patrons shall not exceed the maximum occupancy Police Department load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. 16 No required parking area shall be fenced or otherwise enclosed for Planning outdoor storage. Department, Code Enforcement Division - 7 - PC2019-034 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 17 The applicant shall be responsible for maintaining the area adjacent Planning to the premises over which they have control, in an orderly fashion Department, through the provision of regular maintenance and removal of trash or Code Enforcement debris. Any graffiti painted or marked upon the premises or on any Division adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 18 All new landscaping shall be installed in conformance with Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Code. Planning and All existing and new landscape planters shall be maintained in Building, perpetuity, including the removal of trash or debris. All landscaping Code Enforcement and irrigation shall be immediately replaced in the event that it is removed, damaged, inoperable, diseased and/or dead. 19 The business shall be operated in accordance with the Letter of Planning Operation submitted as part of this application. Any changes to the Department business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. 20 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of the Department issuance of the final invoice or prior to the issuance of building permits 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. 21 The Property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Department applicant and which plans are on file with the Planning Department and as conditioned herein. 22 The Applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively referred Department to individually and collectively as "Indemnitees") from any and all 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. - 8 - PC2019-034