Resolution-PC 2010-069RESOLUTION NO, PC2010 -069
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CEQA CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENT AND
APPROVING AN AMENDMENT TO DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY PERMIT NO. PCN2008 -00039 AND AMENDING CERTAIN
CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2008 -102
(TRACKING NOS. PCN2008- 00039A AND DEV2010- 00100)
(1211 NORTH LAS BRISAS STREET)
WHEREAS, on October 16, 2008, the Anaheim City Planning
Commission, by its Resolution No.PC2008 -102, did approve Determination of Public
Convenience or Necessity Permit No. PCN2008 -00039 to permit a winery and tasting room
with retails sales and on- premises consumption of alcoholic beverages for that certain real
property situated in the City of Anaheim, County of Orange, State of California, as
particularly shown on Exhibit "A ", attached hereto and incorporated herein by this reference
(the "subject property "); and
WHEREAS, the subject property is developed with a winery and tasting room in
the Northeast Area Specific Plan, development Area 1 (SP94 -1, DA1) zone, The General Plan
designates this property and surrounding property for Industrial land uses.
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for an amendment to Determination of Public Convenience or Necessity No. 2008 - 00039, to
amend a previously - approved conditional use permit authorizing private party and banquet
events by deleting a condition of approval pertain to a letter of operation; 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. That the proposal, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the expansion to
include permit banquet events and private parties to an existing winery would not be a detriment
to the surrounding area.
2. That wine sales for on- premises consumption will be in conjunction with the
general wholesale sales of the proposed winery with banquet and private party events. The wine
sales will provide a convenience to patrons visiting the winery and selecting wine for purchase
and for an on -site dining experience. Therefore, the requested amendment will not be
detrimental to the area.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does
hereby amend, in their entirety, the conditions of approval adopted in connection with
Planning Commission Resolution No. PC2008 -102, adopted in connection with
Determination of Public Convenience or Necessity No. 2008 -00039 to read as shown in
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Exhibit `B" attached hereto and incorporated herein by this reference, which conditions are
hereby found to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the health and safety 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 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, except as expressly amended herein, the
provisions of Resolution No.PC2008 -102, approving Determination of Public Convenience
or Necessity No. 2008- 00039, shall remain in full force and effect.
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 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. Failure to pay all charges shall result in the revocation of the
approval of this application.
2 PC2010 -069
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 16, 2010.
A'1'1'EST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANA'- IM CITY PLANNING COMMISSION
I, Eleanor Morris, 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 August 16, 2010, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAIU, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of August, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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I APN: 344-321-16
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Source' Recorded Tract Maps andlor City GIS
Please note the accuracy is +1- two to five feet.
10997
EXHIBIT "A"
DE \'2010 -00100
4
PC2010 -069
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
TIMING: GENERAL CONDITIONS
1
No person under 21 years of age shall sell or be permitted
to sell wine.
Police
.
2
No distilled spirits shall be sold under this license except
as otherwise permitted under the Type 2 Winegrower
license issued by the Department of Alcoholic Beverage
Control.
Police
3
The parking lot of the premises shall be equipped with
Lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of all persons on
or about the parking lot.
Police
4
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.
Police
5
There shall be no live entertainment, amplified music or
dancing permitted on the premise without first obtaining
an entertainment permit.
Police
6
The activities occurring in conjunction with the operation
of this establishment shall not cause noise disturbance to
surrounding properties.
Police
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.
Police
8
The property shall be permanently maintained in an
orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and
removal of graffiti within twenty -four (24) hours from
the time of discovery.
Planning
EXHIBIT `B"
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00049A
(DEV2010- 00100)
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PC2010 -069