Resolution-PC 2009-071RESOLUTION NO. PC2009-071
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS l, CATEGORICAL EXEMPTION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703
(TRACKING NO. CUP 2009-05432)
AND AMENDING A CERTAIN CONDITION OF APPROVAL OF
RESOLU3'ION NO. PC94119
(2620 EAST KATELLA AVENUE)
WHEREAS, on September 7, 1994, the Anaheim City Planning Commission, by
ies Resolution No. PC94-119, did approve Conditional Use PermiC No. 3703 to construct a
30,500 square foot commercial center with fewer parking spaces than required by code to allow
the 218 required parking spaces to be provided by 68 spaces on this property and 150 spaces on
an adjacent property; and
WI-IEREAS, on May 13, 1996, the Anaheim City Planning Commission, by its
Resolution No. PC96-44, approved an amendment to Conditional Use Permit No. 3703 to permit
on-premises sales of alcoholic beverages, in the restaurant/microbrewery and final plans
reducing the size of the restaurant/microbrewery to 10,684 square Yeet; and
WHEREAS, on August 17, 1998, tY~e Anaheim City Planning Comntission, by iCs
Resolution No. 98-131, approved an amendment to the permit to allow a 2;018 square foot
expansion of the existing 10,684 square foot restaurandmicrobrewery and amended the
conditions of approval to allow retail sales of beer (l/2 keg minimum size) manufacCured on site
for off-premises consumption with ! 99 parking spaces required and 218 spaces provided by 68
spaces on this property and 150 spaces on a~ adjacent property; and
WHEREAS, on July 28, 2003, the AnaUeim City Planning Commission, by its
Resolution No. 2003-ll6, approved an amendment to delete Condition No. 2 pertaining to the
retail sale of ~/z keg or larger containers of beer which was manufactured on the premises for off-
premises consumption, to permit the retail sale of bottled beer manufactored on the premises for
off- premises consumption; and
WHEREAS, the property is developed with a 30,500 square foot commercial
shopping ce~ter is located in tbe Industrial (I) Zone and is designated for Mixed Use land uses in
the City of Anaheim General Plan; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition amend Conditional Use Permit No. 3703 (Tracking No. CUP2009-05432) to permit the
on-premises sales and consumption of beer and wine within an existing coffee house and
sandwich shop and outdoor dining area (unit B of the commercial center) on certain real property
situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A",
attached herato a~d incorporated herein by this reference; and
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WHEREAS, Condition of Approval No. 7(c) of Resolution No. PC94-ll9, as
amended, limits the number of customer seats for the coffee house and sandwich shop as
follows: "Food related sales and preparation and distribution limiCed Co facilities with up to ten
(lp) cusCOmer seats."; and
WHEREA3, the applicant proposes to permit the sales of beer and wine and
increase the number of customer seats within an existing coffeehouse/sandwich shop with no
new square footage proposed; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 3, 2009, at 2:30 p.m., notice of said pablic hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipai Code, Chapter 18.60 `'Procedures", to hear and consider evidence for and against said
proposed ameodmeot to the Conditiona] Use Permit and to invesCigaYe and make findings and
recommendations in connection therewith; and
WHEREAS, said Commiss9on, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered aC said
hearing, does find and determine the following facts:
1. That the proposed amendment to Conditional Use Permit No. 3703 for on-
premises sales and consumption of beer and wine within an existing restaurant and outdoor
dining azea in the Industrial (I) Zone is propedy one for which a conditionai use permit is
authorized by Anaheim Municipal Code Section 1810:030.010 (Uses) and 1838.220
(Supplemental Use Regulations) of the Zoning Code.
2. The proposed amendment to permit the on-premises sale and consumption of beer
and wine wittain an existing restaurant and outdoor dining area wovld not adversely affeck 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 commercial shopping center in
compliance with Code requirements,
3. Tt~e size and shape of the site is adeqaate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the bealth, safety and
general welfare of the public because the property is currently improved with a commercial
cenTer wiCh no proposed expansion The proposal increases the existing parking requirement
from 199 to 202 parking spaces and 218 spaces are provided including 68 spaces on this property
and 150 spaces on an adjacent property through an on-going lease agreement. Therefore, the
parking sopply will exceed code requirements.
4. The traffic generated by the amendment to the conditional use permit to permit
the on-premises sale and consumption of beer and wi~e within an existing restaurant and outdoor
dining area would not impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area because the number of vehicles enCering and exiting the
site are consisteot with existing and permiCted businesses within the commercial center.
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5. The granting of the amendment to the conditional use permit under the conditions
imposed will not be detrimental to the health and safety of ttie citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
THEREFORE BE TT RESOLVED that the Anaheim City Planning Commission,
for the reasons hereinabove stated, does hereby approve an amendment to Conditional Use
Penmit No. 3703 (Tracking No. CUP 2009-05432) subject to the conditions of approval which
are amended in Cheir entirety as described in Exhibit "B" attached bereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subjecC property in order to praserve tbe health, safety and general welfare of the Citizens of the
City of Anaheim. Extensions for further time Co complete conditions of approva] may be gra~ated
in accordance witta 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 Ciming is esCablished thaY saYisfies the original iotant and purpose of
Che conditio~(s), (ii) Che modificaCio~ complies with Cl~e Anaheim ~Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE TT FURTHER RESOLVED, Chat Chis permit is approved without limitations
on the duration of the use. Amendme~ts, modifications and revocaYions of ttiis permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocatioo or Modification of Permits) of the Anaheim Monicipal
Code.
BE IT FURTHER RESOLVED that approval of this applicatioo constitutes
approval of the proposed request only to the extenY Yhat iC complies with the Anaheim Manicipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
inclade any action or findings as to compliance or approval of the request regarding any other
applicable ordinaoce, regolation or requirement
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
chazges related to the processing of this discretio~ary case application wiChin 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of Aug~sC 3, 2009. Said resolution is subjeck to the appeal provisions set fartfi in
Chapter 18.60 "ZonSng Provisions - General" of tbe A~aheim Municipal Code pertaining to
appeal procednres and may be replaced by a CiYy Council Resol~tion in the event of an appeal.
ANAHEIM CITY PLANNING COMMISSION
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ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby aeRify that the foregoing resolution was passed and adopted at a meeting of Yhe Anaheim
City Planning Commission beld on Augast 3, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONEt2S: AGARWAL, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT
IN WITNESS WHEREOF, I have herenoto set my hand this 3`d day of August, 2009.
ARY, ANAHEIM CITY ~LANNING COMMISSION
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EYHIBIT "A"
AMENDNIENT TO CONDITIONAL USE PERIVIIT NO. 3703
(TRACHING NO. CUP2009-OSa32)
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EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703
(TRACKING NO. CUP2009-05432)
RESPONSIBLE
FOR
NO. CONDITIONS O~ APPROVAL MONITORING
GENERAL
1 The minimum number of parking spaces required by Code shall Planning
be available for subject proposal. If any off-site parking spaces Services
aze 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
subrzutted to and approved by the City Attomey's Office and
snbmitted to the Planning Services Aivision following
' recordation with the Office of the Orange County Recordec This
conditional use permit shall be valid only if Code required
parking is available.
Follawing ncloptioiz of Resolutiwa No. PC 94-119, the properry
~
~ orvrter/tleueloper eiaterecl irato a lense agreement beriveen the
~~ Couiary of Orn~ige, Cit~~ of Ariahei~n arzcl Ogdera Facility
Marcngemerzt Corporcttiorz in cornplinnce with this condition of
cippronal.
2 The restauranY/microbrewery shall continuously adhere to the Police
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 a public premises.
c. The retail sales of alcoholic beverages for public
consumption off the premises shall be limited to twenty
two (22) ounce bottles af beer or lar~er. Individnal boCtles
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. The gross sales of alcoholic beverages shall not exceed
forty (40) percent of the total gross sales of all retail sales
during any tbree (3) month period. The applicanY 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
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inspection by any CiYy of Anaheim official when
requested.
e. Entertainment provided on the premises shall not be
audible beyond the area under the control of the business.
£ Extedor doors shall be kept closed at all times during the
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 rype (sacb as signs), including
advertising directed to the exterior from inside the
building, pzomoCing or indicating tbe availabiliry of
alcoholic beverages.
h. There shall be no live entertainment, amplified music or
dancing permitted on the premises at any time wiChouC
first obtaining all proper permits as required by the
Anaheim Municipal Code.
i. 'Tbe parking lot of the premises shall be equipped with
lighting pf a minimum 1-foot candle to illumioate and
make easily discernibie the appearance and conduct of all
persons on or about the parking loC. The lighting in the
area shall be shielded to prevent unreasonable ill~mination
of the window areas of nearby businesses.
j. The number of persons atYending any event at subject
property shall not exceed the ma~cimum occupancy load as
dekermined by the Anaheim Fire Department. Signs
indicaTing the maximum occupancy sha11 be prominently
displayed within the preinises.
k. No alcoholic beverages shall be consumed on any property
adjacent to the premises under the control of the applicant.
1. Sales, service and consumption of alcoholic beverages
shall be permitted only between the hours of 10:00 a,m.
and 2:00 a.m.
m. At any time entertainment is provided on the premises, the
applicant(s) shall provide a ma~cimum of three (3)
uniformed security guards (who shall comply with all
requirements of the Califomia Department of Consumer
Affairs and the Anaheirn 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 d'uectly, or indirecdy, to buy
them drinks in the licenses precnises uqder any
commission, percentage, salary, or other profit-sharing
plan, scheme or conspiracy.
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3 Solid waste storage and collection, and recycling shall be in Public Works, Streets
! compliance with plans approved by the Pablic Works, Streets and
and Sanitation Division. SaniTation/Operations
4 Any freesCanding si~n on subject property shall be a Planning
monument-type not exceeding eight (8) feet in height and
shall be s~bject to tl~e prior review and approval of Che City
Traff'ic and Traffic Manager Co determine adequate line-of-
' sight.
5 In addition to the restaurandmicrobrewery, there shall be a Code Enforcement
maximum of eight (8) retail units permitted.
6 Subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the CiYy
of Anaheim by the applicant and which plans are on file with
the Plauning Department marked as Revision ~Io. 1 of Exi~ibit
Nos. 1 and 3: Exhibit Nos. 2, 4 and 5; and ExbibiCS A throngh
E(restaurarit) and Exhibit No. 6(Coffeehouse Floor Plan).
7 The following accessory uses may be permitted for subject Code Enforcement
planned unit commercial shopping center:
a. Cellnlar service and/or distribution
b. Bakery, sales and/or preparaCion and disCriUution
limited to facilities with up to ten (10) customer seaCs
a Food related sales and preparation and distribution
limited to facilities with up to ten (10) customer seats> ~'
except that the coffee house and sandwich shop in
Unit B may have over ten (10) seats.
d. Clothing and apparel sales and distribution aud/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
1. Travel
m. Hobby shop
n. Jewelry sales, dastribution and/or assembly
o. Interior design or related use (tile, bath accessor9es,
etc.)
p. Retail supply stores including, but not limited, to
vehicle accessories and parts, books, hardware, pet
shop, koys
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q. Rental services
r. Athletic shore sales and distribution
s. Recreational-type store (exercise eqaipment, etc.)
t. Aquatic related sales, services and/or distribution
u. General office use
8 GranCing of the parking variance is contingent upon operation Plann9ng
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
variance.
9 The restaurandmicrobrewery shall be operated as a"Bona ' Police
Fide Public Eati~g Place° as defined by Section 23038 of the
Califomia Business and Professions Code.
10 There shall be no baz or lounge maintained on the property Police
unless licensed by Alcoholic Beverage Control and approved
by the City of Anaheim.
11 The activitles occuning in conjunction with the operation of Code Enforcement
this restaurant/microbrewery shall not cause noise disturbance
to surrounding properties.
12 All doors serving subject restaurantlmicrobrewery shall Fire
conform to the requireme~ts 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 iu cases of
emergency.
13 There shall be no coin-operated telephones on the property Code Enforcement
located outside the building and within the control of the
proper[y owner/applicant.
14 The portion of this permit regarding the on-premises sale of Police
alcohol for this restauranUmicrobrewery shall be contingent
upon issuance of a valid license by the California Department
of Alcoholic Bevarage ContrQl.
15 Any outdoor dining area s6a11 be completely enclosed by Police / Fire
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. Emerge~cy exists required by the
Uniform Fire Code shall be maintained, but not utilized by
patrons/employees other than in an emergency. Said
enclosure shall shown on plans submitted for building
permits.
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] 6 The coffee shop/sandwich shop in Unit B shall continuously Code Enforcement
adhere to the following conditions.
a. At all times when the premise is open for business, the
prernise shall be maintained as a bona fide restaurant
and shall provide a menu containing an assortment of
foods normally offered in such restaurant.
b. The gross sales of alcoholic beverages shall not exceed
40 percent of the gross sales of all retail sales during any
thxee (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.
c. The sale of alcoholic beverages for consumption off the
premise shall be prohibited.
d. There shall be no exterior advertising of any kind or
type, including advertising directed to the exterior from
within, promoti~g or indicating the availability of
alcoholic beverages.
e. The activities occurring in conjunctian wirli the operation
of this establishment shall not cause noise disturbance to
surrounding pzoperties.
f. The sales of beer and wine shall be limited to 12:00 a.m.
each day of the week
g. That subject alcoholic beverage 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.
h. There shall be no admission fee, cover charge, nor
minimum purchase required.
i. That the parking lot serving the premises shall be
equipped with lighting of a minim~m l~foot candle to
illuminate and make easily discernible the appearance
and conduct of all persons pu or about the parking ]oC.
Said IighCing shall be d'areeCed, positioned and shielded
in such a manner so as not to unreasonably illuminate
the windows of nearby businesses
j. No "happy hour" type of reduced price alcoholic
beverage promotian shall be aUowed.
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