Resolution-PC 2009-116RESOLUTION NO. PC2009-116
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
Is THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND DETERMINING
PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061
FOR A TYPE 23, SMALL BEER MANUFACTURER (BREWERY) LICENSE
(DEV2009-00037)
(1621 SOUTH SINCLAIR STREET)
WHEREAS, on July 11. 1995, the City Council adopted Resolution No. 95R-134
establishing procedures and delegating certain responsibilities to the Planning Commission
relating to the determination of "public convenience or necessity" on those certain applications
requiring that such determination be made by the local governing body pursuant to applicable
provisions of the Business and Professions Code, and prior to the issuance of a license by the
Department of Alcoholic Beverage Control (ABC); and
WHEREAS, Section 23958 of the Business and Professions Code provides that
the ABC shall deny an application for a license if issuance of that license would tend to create a
law enforcement problem, or if issuance would result in or add to an undue concentration of
licenses, except when an applicant has demonstrated that public convenience or necessity would
be served by the issuance of a license; and
WHEREAS, the Planning Commission of the City of Anaheim did receive an
application for a Determination of Public Convenience or Necessity to permit retail sales and on-
premises consumption of alcoholic beverages in conjunction with an application for Conditional
Use Permit No. 2009-05460 to permit a brewery and tasting room with retail sales and on-
premises consumption of alcoholic beverages for certain real property situated in the City of
Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and
incorporated herein by this reference; and.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 26, 2009, at 3:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
determination of public convenience or necessity for an alcoholic beverage control license and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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, does find and detemiine the following facts:
1. The 1 (Industrial) zone permits the sale of beer for on-premises consumption
within a brewery, pursuant to Section 18.10.030.040.0402 of the Anaheim Municipal Code
subject to the approval of a conditional use permit. The proposed brewery and tasting room will
not adversely affect the adjoining land uses or the growth and development of the area in which
1 PC2009-116
it is proposed to be located because it is located within an existing industrial building and has
industrial uses surrounding the property.
2. California state law requires a Determination of Public Convenience or Necessity
when property is located in a census tract with more on-sale alcohol licenses than allowed; and
Section 23958 of the Business and Professions Code provides that the ABC shall deny an
application for a license if issuance of that license would tend to create a law enforcement
problem or if issuance would result in, or add to, an undue concentration of licenses, except
when an applicant has demonstrated that public convenience or necessity would be served by
issuance of a license.
3. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to
make recommendations related to the public convenience or necessity determinations; and said
recommendations shall take the form of conditions of approval to be imposed on the
determination in order to ensure that the sale and consumption of beer and wine does not
adversely affect any adjoining land use or the growth and development of the surrounding area.
4. Subject property is located in Reporting District 2028, which has a crime rate of
61 percent above the City average. The property is also located in Census Tract 863.03 which
permits three off-sale Alcoholic Beverage Control licenses and there are presently five licenses
in the tract. The Census Tract also permits five on-premises sales and consumption license and
currently there are nineteen existing licenses.
5. Sales of beer for on-premises consumption will be in conjunction with the sales of
the proposed brewery. The beer sales will provide a convenience to patrons visiting the brewery
and selecting beer for purchase. Therefore, the requested on-sale license will not be detrimental
to the area provided that restrictions on the sales of beer are included in the approval.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve the Determination of Public Convenience or Necessity No.
2009-00061 subject to the conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the health, safety and general welfare of
the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the Anaheim City 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.
PC2009-116
EE IT FURTHER RESOLVED that the Anaheim City 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 findings hereinabove set forth.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
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 the revocation of the approval of this application.
THE FOREGOING RESOLUTIQM was adopted at the Planning Commission
meeting of October 26, 2009.
ATTEST:
STATE OF CALIFORNIA)
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
CHAIRMAN, ANAH M TTY PLARN'flvG COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
1, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on October 26, 2009, by the following vote of the members
ers
thereof:
AYES: COMMISSIONERS: A MEI T, BUFFA, KA .A I, RA MIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, FAESSEL
IN WITNESS WHEREOF, I have hereunto set rn.y hand this 26 day of October 2009.
SENIOR SECRETARY, ANAHEIM C1frPLANNING COMMISSION
3 PC --116
APN: 253-612-03
EXH
IT "A"
CONDITIONAL USE PERMIT NO. 2009-05460 AND
REQUEST FOR DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY NO 2009-00061
171'
4
Source: Recorded Traci Maps and/or City GIS.
Please note the accuracy is 4-1- two to five feet.
PC2009-116
NO.
GENERAL
7
CONDITIONAL USE PERMIT NO. 2009-05460
(DEV2009-00037)
CONDITIONS OF APPROVAL
EXHIBIT "B"
1 There shall be no exterior advertising or sign of any kind
or type, including advertising directed to the exterior from
within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic
beverages or signs which are clearly visible to the exterior
shall constitute a violation of this condition.
Security measures shall be provided to the satisfaction of
the Anaheim 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.
3 Any and all security officers provided shall comply with
all State 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)
Petitioner shall not share any profits, or pay any
percentage or 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.
RESPONSI ILE
FOR
MONITORING
Police
Police
Police
Police
There shall be no admission fee, cover charge. nor Police
minimum purchase required.
Managers, owners, bar tenders, and waitresses need to call Police
the Department of Alcoholic Beverage Control and obtain
LEAD (Licensee Education on Alcohol and Drugs
Program) Training. The contact number is 714-558-4101.
No person under 21 years of age shall sell or be permitted Police
to sell beer.
PC2009-116
9
There shall be no pool tables or amusement devices
maintained upon the premises at any time unless the
proper permits have been obtained from the City of
Anaheim.
The activities occurring in connection with the operation
of this establishment shall not cause noise disturbance to
surrounding properties.
10 The subject alcohol license shall not be exchanged for a
public premise (bar) type license nor shall the
establishment be operated as a public premise as defined
in Section 23039 of the Business and Professions Code.
The hours of operation and permitted activities shall be
consistent with the letter of operation dated September 16,
2009 and on file with the City of Anaheim Planning
Department and limited to the following:
Tasting Room hours:
Sunday Wednesday 11:00 a.m. to 11:00 p.m.
Thursday Saturday 11:00 a.m. to 1:00 a.m.
Brewery Tour hours:
Sunday Wednesday 11:00 a.m. to 8:00 p.m.
Thursday Saturday 11:00 a.m. to 9:00 p.m.
Special Events:
A maximum of four (4) events per year including an
anniversary celebration in January, a beer tasting festival,
and a chili and barbeque cook-off. Outdoor activities are
subject to review and approval by the City departments. All
accessory permits shall be obtained as deemed necessary.
The outdoor activities provide adequate security as required
by the Police Department.
12 The subject property shall be developed substantially in
accordance with plans submitted to the City of Anaheim by
the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 (Site Plan) and 2 Floor
Plans) and as conditioned herein.
13 The hours of operation and permitted activities shall be
consistent with the letter of operation on file with the City
of Anaheim Planning Department.
Police
Police
Police
Planning
Planning
Planning
-6- PC2009-116