Resolution-PC 2009-115RESOLUTION NO. PC2009-115
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND APPROVING
CONDITIONAL USE PERMIT NO. 2009-05460
(DEV2009-00037)
(1621 SOUTH SINCLAIR STREET, UNIT B)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009-05460 to permit a brewery and tasting room with
retail sales and on-premises consumption of alcoholic beverages in conjunction with a Request
for a Determination of Public Convenience or Necessity No. 2009-00061 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, this property is developed with a 14,480 square foot industrial
building located in the 1 (Industrial) zone and the Anaheim General Plan designates the property
for industrial land uses; 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
Conditional Use Permit and Request for Determination of Public Convenience or Necessity 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 determine the following facts:
1. The request to permit a brewery and tasting room with retail sales and
premises consumption consumption of alcoholic beverages is properly one for which a conditional use permit
is authorized under Code Section Nos. 18.10.030.040.0402 (Alcoholic Beverages On-sale,
Industry-General) and 18.66.040.030 (Unlisted Uses) of the Anaheim Municipal Code.
2. The proposed brewery and tasting room will not adversely affect the adjoining
land uses or the growth and development of the area in which it is proposed to be located
because it is located within an existing industrial building and has industrial uses surrounding the
property.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
of the citizens of Anaheim because the proposed brewery and tasting room will be located within
an existing industrial building and no additional development will occur.
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4. The traffic generated by the proposed use 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 volume of traffic planned for the streets and highways
in the area. The brewery and existing industrial business require 32 parking spaces and 23
spaces are provided onsite. Because of the offsetting hours of operation between the two uses,
adequate parking will be provided onsite for both uses, therefore no variance is necessary.
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a
land use that is compatible with the surrounding area because the proposed use will be located
within an existing industrial building and the proposed brewery and tasting room uses are not a
health or safety risk to the citizens of the City of Anaheim.
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 Conditional Use Permit No. 2009-05460 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. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal 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(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED. that this Conditional Use Permit 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 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 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.
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
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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 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 RESOLUTION was adopted at the Planning Commission
meeting of October 26, 2009.
ATTEST:
CHAIRMAN, ANA EIM CITY PLANNNG COMMISSION
it /A
SENIOR SECR&ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
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
thereof:
AYES: COMMISSIONERS: AMENT, BUFFA, KARAKI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, FAESSEL
IN WITNESS WHEREOF, 1 have hereunto set my hand this 215' day of October 2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2009-05460 A_ND
REQUEST FOR DETE1' 1111 ATION OF
PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061
1
APN: 253-612-03
5,.
L
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
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PC2009-115
NO.
GENERAL
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05460
(DEV2009-00037)
CONDITIONS OF APPROVAL
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.
1 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.
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:
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.
RESPONSIBLE
FOR
MONITORING
Planning
Planning
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