Resolution-PC 2003-116• •
RESOLUTION NO. PC2003-116
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSfON
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 98-131 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3703
WHEREAS, on September 7, 1994, the Anaheim City Planning Commission did, by its
Resolution No. PC94-119 approve Conditional Use Permit No. 3703, in part, to permit a 30,500 sq.ft.
planned unit commercial shopping center at 2600-2620 East Katella Avenue, including a 14,000 sq.ft.
semi-enclosed restaurant with on-premises sale and consumption of beer and wine, and with waiver of
minimum number of parking spaces (waivers of minimum landscaping requirements and minimum
required parking lot landscaping were denied); and
WHEREAS, on May 13, 1996, the Planning Commission did, by its Resolution No. PC96-
44, amend Resolution No. PC94-119 to permit a 10,684 sq.ft. semi-enclosed restaurant with on-premises
sale and consumption of alcoholic beverages in the 30,500 sq.ft. planned unit commercial shopping
center at the southeast corner of Katella Avenue and Douglass Road; and that the conditions of approval
were amended in their entirety; and
WHEREAS, on August 17, 1998, the Planning Commission did, by its Resolution No.
PC98-131, amend Resolution No. PC94-119, as amended, to expand the restaurant/microbrewery from
10,684 sq.ft. to 12,702 sq. ft. and to permit the retail sale of beer manufactured on-site for off-premises
consumption; and that Condition Nos.2.c and 6 were ameaded to.reflect said-~nodi~ications, and
Condition No. 2.c specifies:
2.c. That the retail sales of alcoholic beverages for public consumption off premises
shall be prohibited except for beer manufactured on the premises and sold in %2
keg or larger containers.
W HEREAS, subject property is developed with a 30,500 sq. ft. commercial retail center at
the southeast corner of Katella Avenue and Douglass Road, including J.T. Schmid's Restaurant and
Brewery at 2610 East Katella Avenue; that the zoning is ML (Limited Industrial) Zone with a Resolution of
Intent to the Arrowhead Pond District of the Sports Entertainment Overlay; and that the Land Use
Element of the Anaheim General Plan designates the property for Business Office/Mixed-Use/Ind:ustrial
land uses; and
WHEREAS, the petitioner has requested amendment or deletion of Condition No. 2
pertaining to the retail sale of % keg or larger confainers of beer which is 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, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 28, 2003, at 1:30 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 18.03,
to hear and consider evidence for and against said proposed amendment 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. That the use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
Tracking No. CUP2003-04727
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2. That the use, as proposed to be amended, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the retail sale of bottled beer
manufactured on-site in the restauranUmicrobrewery for off-premises consumption is compatible with the
surrounding commercial, recreational and industrial land uses.
3. That the size and shape of the site for the use, as proposed to be amended, is adequate to
allow full development of the use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. That the traffic generated by the use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That amending this Conditional Use Permit to permit the retail sale of bottled beer (limited
to 22 ounce bottles sold at room temperature) manufactured on-site for off-premises consumption, under
the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
6. That amending the conditions of approval of this Conditional Use Permit is reasonably
necessary to protect the public peace, health, safety or generaf welfare, or necessary to permit
reasonable operation under the Conditional Use Permit as originally granted.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFOftL~IIA ENVIRONMENTAL QUAUlY_ACT FINDING: That the Anak~eim Git~
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3703 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend the conditions of approval of Resolution No. PC94-119, as amended by Resolution Nos.
PC96-44 and PC98-131 and adopted in connection with Conditional Use Permit No. 3703, in their entirety
to read as follows:
That the minimum number of parking spaces required by the Zoning Code shall be available for
subject proposal. If any off-site parking spaces are provided on the adjacent Orange County-owned
property to satisfy the Code requirement, a parking agreement between the subject property owner
and the County of Orange shall be submitted to and approved by the City Attorney's Office, and
submitted to the Zoning Division following recordation with the Office of the Orange County Recorder.
This Conditional Use Permit shall be valid only if the number of parking spaces required by Code are
available.
2. That subject restaurant shall continuously adhere to the following conditions, as required by the Police
Department:
a. Food service, including meals, shall be available until 11:00 p.m. or closing time, whichever occurs
first, on every day of operation.
b. The alcoholic beverage license shall not be exchanged for a`public premises' type license nor
shall the premises be operated as `public premises.'
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c. That the retail sale of alcoholic beverages for public consumption off the premises shall be limited
to twenty two (22) ounce bottles of beer or larger. Individual bottles sold for off-premises
consumption shall be stored and sold at room temperature (62 degrees Fahrenheit) and all beer
sold for off-premises consumption shall be manufactured on the premises.
d. That the gross sale of alcoholic beverages shall not exceed forty percent (40%) of the total gross
sales of all retail sales during any three (3) month period. The applicant shall maintain records on
a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items.
These records shall be made available for inspection by any City of Anaheim official when
requested.
e. Entertainment provided on the premises shall not be audible beyond the area under the control of
the business.
f. The exterior doors shall be kept closed at all times during operation of the premises except in
cases of emergency and to permit deliveries.
g. 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.
h. That 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.
i. 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.
The lighting in the area shall be shielded to prevent unreasonable illumination of the window areas
of nearby businesses.
The number of persons attending any event at subject property shall not exceed the maximum
occupancy load as determined by the Anaheim Fire Department. Signs indicating the maximum
occupancy shall be prominently displayed within the premises.
k. No alcoholic beverages shall be consumed on any property adjacent to the premises under the
control of the applicant.
I. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours
of 10:00 am. and 2:00 a.m.
m. At any time entertainment is provided on the premises, the applicant(s) shall provide a maximum
of three (3) uniformed security guards (who shall comply with all requirements of the California
Department of Consumer Affairs and the Anaheim Municipal Code) to maintain order therein as
directed by the Anaheim Police Department.
n. There shall be no pool tables or coin-operated games maintained upon the premises at any time.
o. Subject business shall not employ or permit any persons to solicit or encourage others, directly or
indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary,
or other profit-sharing plan, scheme or conspiracy.
3. That the property shall maintain compliance with their solid waste storage and collection plan and
recycling plan.
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4. That any proposed freestanding sign on subject property shall be a monument-type not exceeding
eight (8) feet in height and shall be subject to prior review and approval by the City Traffic and
Transportation Manager to determine adequate lines-of-sight.
5. That in addition to the restaurant, there shall be a maximum of eight (8) retail units permitted in this
planned unit commercial center.
6. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Revision No. 1 of Exhibit Nos. 1 and 3; Exhibit Nos. 2, 4 and 5; and Exhibits A
through E(restaurant); and as conditioned herein.
7. That the following accessory uses may be permitted for subject planned unit commercial shopping
center:
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.
d. Clothing and apparel sales and distribution and/or assembly.
e. Confectionery and/or candy store.
f. Photo store.
g. Photogr_aphy 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.
I. 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 shoes sales and distribution.
s. Recreational-type store (exercise equipment, etc.).
t. Aquatic related sales, services and/or distribution.
u. General office use.
8. That this establishment shall be operated as a'bona fide public eating place' as defined by Section
23038 of the California Business and Professions Code.
9. That there shall be no bar or lounge maintained on the property unless licensed by the Department of
Alcoholic Beverage Control ("ABC") and approved by the City of Anaheim.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
11. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress,
deliveries, and in cases of emergency.
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12. That there shall be no coin-operated telephones on the property located outside the building and within
the control of the applicant.
13. Deleted because Condifion No. 5, above, and proposed Condition No. 13 are the same.
14. That any outdoor dining area shall be completely enclosed by fencing or other such permanent
structure as approved by the City. Said enclosure shall be a minimum forty (40) inches in height, and
entry into the enclosure shall be possible only from the interior of the business. Emergency exits
required by the Uniform Fire Code shall be maintained but not utilized by patrons and/or employees
other than in an emergency. Said enclosure shall be shown on the plans submitted for building
permits.
15. That granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions relating to the operation and intensity of use as contained in the parking demand study
that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a
violation of the expressed conditions imposed upon said variance which shall subject that variance to
termination or modification pursuant to fhe provisions of Sections 18.03.091 and 18.03.092 of the
Anaheim Municipal Code.
16. 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 reg.arding any other applicable ordinaoce, regulation or requirement. -
THE FOREGOING RESOLUTION was adopted at the lanning Commission meeting of
July 28, 2003. ~/ ///J
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ON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 July 28, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: COMMISSIONERS: ONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2003. /~
~/ / n ~D /1 /J
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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