Resolution-PC 2012-052RESOLUTION NO. PC2012 -052
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703
AND APPROVING VARIANCE NO. 2012-04895
(DEV2012- 00015)
(2610 EAST KATELLA AVENUE)
WHEREAS, on September 7, 1994 and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission'), by its
Resolution No. PC94 -119, did approve Conditional Use Permit No. 3703 (herein referred to as the
"Original CUP ") to permit the construction of a 30,500 square foot commercial center on that certain real
property located at 2610 East Katella Avenue in the City of Anaheim, as legally described on Exhibit A
attached hereto and incorporated herein by this reference (the 'Property "), with fewer parking spaces than
required by the Anaheim Municipal Code (herein referred to as the "Code ") to allow the 218 required
parking spaces to be provided by 68 spaces on the Property and 150 spaces on an adjacent property. The
Original CUP also permitted the construction of a 14,000 square foot restaurant/microbrewery on the
Property; and
WHEREAS, on May 13, 1996, the Planning Commission, by its Resolution No. PC96 -44,
approved an amendment to the Original CUP to permit the on- premises sale of alcoholic beverages in the
restaurant/microbrewery and final plans reducing the size of the restaurant/microbrewery from 14,000
square feet to 10,684 square feet; and
WHEREAS, on August 17, 1998, the Planning Commission, by its Resolution No. 98-
131, approved another amendment to the Original CUP to allow a 2,018 square foot expansion of the
existing 10,684 square foot restaurant/microbrewery, which included the amendment to the conditions of
approval to allow retail sales of beer (1/2 keg minimum size) manufactured on site for off - premises
consumption with 199 parking spaces required and 218 spaces provided by 68 spaces on the Property and
150 spaces on an adjacent property; and
WHEREAS, on July 28, 2003, the Planning Commission, by its Resolution No. 2003 -116,
approved another amendment to the Original CUP to delete Condition No. 2 pertaining to the retail sale
of 1 /2 keg or larger containers of beer which was manufactured on the premises for off - premises
consumption, to permit the retail sale of bottled beer manufactured on the premises for off - premises
consumption; and
WHEREAS, on August 3, 2009, the Planning Commission, by its Resolution No. 2009-
071, approved another amendment to the Original CUP to permit the on- premises sale and consumption
of beer and wine within an existing coffee house and sandwich shop and outdoor dining area within Unit
B of the Property; and
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WHEREAS, the Property is developed as a commercial center. The Property is located in
the Industrial (I) Zone and is designated for Mixed Use land uses in the City of Anaheim General Plan;
and
WHEREAS, this Planning Commission did receive a verified Petition for an amendment
to the Original CUP (herein referred to as "Conditional Use Permit No. 3703E ") and for approval of
Variance No. 2012 -04895 to reconfigure the outdoor seating area for an existing restaurant/microbrewery
with the sales and consumption of alcoholic beverages; and to permit fewer parking spaces and allow a
smaller landscape setback than required by the Code on the Property (collectively referred to herein as
the "proposed project'); and
WHEREAS, the conditions of approval which were the subject of the Original CUP, as
said conditions were subsequently amended by Resolutions No. PC96 -44, 98 -131, 2003 -116 and 2009-
071, shall be referred to herein collectively as the 'Previous Conditions of Approval "; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 27, 2012, at 5:00 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions Chapter 18.60 of the Anaheim Municipal Code,
to hear and consider evidence for and against the proposed project to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the need for the proposed project arose as a result of the widening of Douglass Road
adjacent to the Property, which street widening project has resulted in the acquisition by the City of a
portion of the Property and the consequent reconfiguration of parking and the elimination of certain
landscaping. The street widening project and the reconfiguration of the Property were adequately
identified and potentially significant environmental effects were addressed in Final Environmental
Impact Report No. 343, as amended by an Addendum thereto. Accordingly, none of the conditions set
forth in Section 15162 of the State California Environmental Quality Act Guidelines calling for the
preparation of a supplement to said Final EIR and Addendum thereto have occurred; to wit, the proposed
project does not involve new environmental impacts not covered in the Final EIR and Addendum and
will have no significant effect on the environment, except as identified and considered in the Final EIR,
as amended by the Addendum thereto. The Planning Commission finds and determines, based upon
information contained in the Final EIR and the Addendum thereto, that changes or alterations have been
required in, or incorporated into, the proposed project which mitigate or avoid significant environmental
effects thereof, as identified in the Final EIR, as amended by the Addendum thereto.
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 an amendment to the Original CUP to permit a reconfigured outdoor patio
seating area, does find and determine the following facts:
1. That the proposed amendment to the Original CUP to permit a reconfigured outdoor patio
seating area for an existing restaurant/microbrewery in the Industrial (I) Zone is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.010 (Uses) of the
Zoning Code.
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2. The proposed amendment to the Original CUP to permit the reconfigured outdoor patio
seating area for an existing restaurant / microbrewery would not adversely affect the surrounding land
uses and the growth and development of the area in which it is proposed to be located because the
property is currently developed with a restaurant /microbrewery and commercial center with no proposed
increased intensity in use.
3. The size and shape of the Property is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and general
welfare of the public because the Property is currently improved with a restaurant / microbrewery and
commercial center with no proposed increased intensity in use, and further the square footage of the
commercial center is being reduced from 25,990 to 19,576 square feet.
4. The traffic generated by the amendment to the Original CUP to permit a reconfigured
outdoor seating area for an existing restaurant/microbrewery would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the intensity of the
use and number of vehicles entering and exiting the Property will not increase as a result of this proposal.
5. The granting of the amendment to the Original CUP under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim because the operational
characteristics of the business will not be intensified.
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 permit fewer parking spaces than required by the Code for a commercial center and
restaurant/microbrewery should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(163 spaces required; 16 on -site spaces proposed
with 147 spaces provided and leased by the
restaurant operator on adjacent ARTIC property)
1. The parking variance, under the conditions imposed, will not cause fewer off -street
parking spaces to be provided for the commercial center and restaurant/microbrewery than the number of
such spaces necessary to accommodate all vehicles attributable to these uses under the normal and
reasonably foreseeable conditions because the combination of on -site parking within the center and the
leased spaces on the ARTIC properties will adequately accommodate parking demands for all uses in the
center.
2. The variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the use because the
combination of on -site parking on the site and the leased spaces on the ARTIC properties will be
adequate to accommodate the parking demands of the commercial center and the
restaurant/microbrewery. Further, the restaurant parking demand will occur on the northern portion of
the ARTIC site, farthest from the ARTIC facility and most convenient for restaurant patron parking.
Parking is not allowed on Douglass Road or Katella Avenue in this immediate vicinity.
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3. The variance, under the conditions imposed, will not increase traffic congestion within
the off - street parking areas provided for the commercial center and restaurant brewery because the on-
site and the leased parking spaces on the ARTIC properties are adequate for the site uses. Further, the
commercial center will take access via two driveways on Katella Avenue and one driveway on Douglass
Road. The on -site parking lot meets City standards and provides direct access to the ARTIC parking
area. The project's ingress /egress points 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 subject site.
WHEREAS, the Planning Commission does further find and determine that the requested
variance to allow a landscape setback less than required by the Code for a commercial center and
restaurant/microbrewery should be approved for the following reasons:
SECTION NO. 18.10.060.020 Minimum Landscape Setback
(50 feet required; 0 -4 feet proposed)
1. That there are special circumstances applicable to the Property, including size, shape,
topography, location or surroundings, which do not apply to other property under identical zoning
classification in the vicinity. This site is irregularly shaped and the widening of Douglass Road restricts
the ability to provide the Code - required landscape setback because the width the ultimate right -of -way
dedication, including parkway and sidewalk, will encroach on property currently utilized for the code
required landscape setback;
2. That, because of the required widening of Douglass Road, strict application of the
Zoning Code would deprive the Property of privileges enjoyed by other properties under the identical
zoning classification in the vicinity and further, compliance with the Code - required landscape setback is
not under control of the Property owner due to the street widening project.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 3703E and Variance No. 2012 - 04895, 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 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 permit is approved without limitations on the
hours of operation or 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 Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each
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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.
BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution
as Exhibit B amends the Previous Conditions of Approval and, except as specifically amended hereby,
the Previous Conditions of Approval shall remain in full force and effect. To the extent that there is any
conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and
the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B
shall control and govern the Property.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 27, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning
Provisions - General") of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
NBC &A, Q�
CHAIRMAN, ANAHEIM CITI PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 August 27, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 27` day of August, 2012.
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EXHIBIT "A"
DEV NO. 2012 -00015
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EXIIIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703
(Conditional Use Permit No. 3703E)
VARIANCE NO. 2012-04895
(DEV2012- 00015)
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SIGNED
NO.
CONDITIONS OF APPROVAL
REVIEW BY
OFF BY
GENERAL CONDITIONS
I
No required parking area shall be fenced or otherwise
Code
enclosed for outdoor storage.
Enforcement
2
The developer shall obtain a demolition permit from the
Planning and
Building Division.
Building
Divisions
3
The recordation of a Save Harmless in -lieu of Encroachment
Public Works,
Agreement is required prior to any private storm
Development
drains /swales connecting to a City storm drain conveyance.
Services
4
The proposed storm drain facilities for this development
Public Works,
shall be privately maintained except the mainline storm
Development
drain within the public streets.
Services
5
The ongoing design coordination meetings with Anaheim
Public Works,
ARTIC team are in lieu of the normal required
Development
improvements and right -of -way dedication for Katella
Services
Avenue and Douglass Road.
6
The minimum number of parking spaces required by Code
Planning
shall be available for subject proposal. Off -site parking
Division
spaces are provided on the adjacent ARTIC property to
satisfy the Code requirement, a parking agreement between
the Property owner and the City of Anaheim shall be
submitted to and approved by the City Attorney's Office and
submitted to the Planning Services Division following
recordation with the Office of the Orange County Recorder.
This conditional use permit shall be valid only if Code
required parking is available.
7
The restaurant/microbrewery shall continuously adhere to
Code
the following conditions, as required by the Police
Enforcement
Department.
a. The alcoholic beverage license shall not be
exchanged for a public premises type license nor
shall the premises be operated as a public premises.
b. The retail sales of alcoholic beverages for public
consumption off the premises shall be limited to
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alcohol manufactured on the premises.
c. There shall be no more than two (2) exterior
advertising devices of any kind or type (such as
signs), including advertising directed to the exterior
from inside the building, promoting or indicating the
availability of alcoholic beverages.
d. There shall be no live entertainment, amplified music
or dancing permitted on the premises at any time
without first obtaining all proper permits as required
by the Anaheim Municipal Code.
e. The parking lot of the premises shall be equipped
with lighting to illuminate and make easily
discernible the appearance and conduct of all persons
on or about the parking lot.
f. No alcoholic beverages shall be consumed on any
property adjacent to the premises under the control of
the applicant.
g. At any time entertainment is provided on the
premises, security shall be provided to the
satisfaction of the Anaheim Police Department.
h. Subject business shall not employ or permit any
persons to solicit or encourage others directly, or
indirectly, to buy them drinks in the licenses
premises under any commission, percentage, salary,
or other profit- sharing plan, scheme or conspiracy.
8
Solid waste storage and collection, and recycling shall be in
Public Works,
compliance with plans approved by the Public Works,
Streets and
Streets and Sanitation Division.
Sanitation
Division
9
The following uses may be permitted for subject planned
Code
unit commercial shopping center in addition to the uses
Enforcement
permitted in the Industrial Zone (18.10.030 - Uses):
a. Cellular service and /or distribution
b. Bakery, sales and/or preparation and distribution
limited to facilities with up to ten (10) customer seats
c. Food related sales and preparation and distribution
limited to facilities with up to ten (10) customer
seats, except that the restaurant approved for Unit B
may have over ten (10) seats.
d. Clothing and apparel sales and distribution and/or
assembly
e. Confectionery and /or candy store
f. Photo store
g. Photography studio
h. Coin shop
i. Sporting goods store or related type
j. Sports related paraphernalia or collectibles sales and
assembly and/or distribution
k. Ticket agency
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1. Travel
m. Hobby shop
n. Jewelry sales, distribution and/or assembly
o. Interior design or related use (tile, bath accessories,
etc.)
p. Retail supply stores including, but not limited, to
vehicle accessories and parts, books, hardware, pet
shop,toys
q. Rental services
r. Athletic shore sales and distribution
s. Recreational -type store (exercise equipment, etc.)
t. Aquatic related sales, services and/or distribution
u. General office use
10
Granting of the parking variance is contingent upon
Planning
operation of the use in conformance with the assumptions
Division
relating to the operation and intensity of use as contained in
the parking demand study that formed the basis for approval
of said variance.
11
The activities occurring in conjunction with the operation of
Code
this restaurant/microbrewery shall not cause noise
Enforcement
disturbance to surrounding properties.
12
The property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of
Division
Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit Nos. 1 (Site Plan),
2, (Elevations), 3 (Landscape Plan) and as conditioned
herein.
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