Resolution-PC 96-93~ ~
RESOLUTION NO. PC96-93
A RESOLUTION OF THE ANAHEIM CITY PLANNING WMMISSION
THAT PETITION FOR CONDITIONAL USE PERMR N0. 3Eb73 8E GRANTED, IN PART
WHEREAS, the Mahelm Ciry Planning Commisston d{d receive a verffied Petftbn for
Conditional Use Pennit for certafn real property sftuated in the City d Anahefm, CountY of ~ra~9e~ S~ate °f
CalHomia, described as:
THAT PORTION OF THE NORTHEAST ~UARTER OF SECTION 26, TOWNSHIP 4
SOUTH, RANGE 10 WEST, iN THE RANCHO SAN JUAN CAJON DE SANTA ANA,
AS SHOWIv ON A MAP RECORDED IN BOOK 51, PAGt SO OF MISCELLANFOUS
MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA, vESCRIBED AS
FOLLOWS:
PARCEL 4, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGE 32 OF
PARCEL MAPS, IN THE OFFICF. OF THE COUNTY RFCQRDER OF ORANGE
COUNTY, CALJFORNIA.
WHEREAS, the C(ry Ptannlnfl Commisston did hdd a puW~ hearing at the Civ~ Cerrter ~n
the Cfcy of Anahelm on September 16, 1996 at 1:30 p.m., notlce of said publ~ hearing having been duly
gNen as reQuired by law and In accordance with the provisions of the Anaheim Municipal Code, Chapter
16.03, to hear and consider evldence for and ag~inst said proposed condft~onal use permh and to irnesti~ate
and make t~ndings and recommendatians !r, connecNon therewtch; and
WHEREAS, said Commisslon, aRer ~ue Inspectlon, L'r-esti9atio~ a~d studY made by itsetf
8nci ~n Ks behaif, and after due consideratinn of ail evidence and reports oifered at safd hearinfl, does Pnd
and determine the tdiowing facts:
1. That the proposed use (s properly one for wh~ch a condklonal use PertnK is att~h°rized bY
Anahelm Municipal Code Sectio~~ 18.61.050.3J0 to permft a restaurarrt, with en accessory mir~°'txewery ~n
a previously-approved 8,327 sq.ft. banquet tacUity, wfth walver of the fdlowing:
Se,,^tions 18.06.020.0212 - Minimum number of oadcln3~~~•
~ 06 0~.020.02~
16.06.0~.0~'~.031
8nd 1 d.61.066.050
2. 7hat subject properry is devetoped with a 281,572 sq.iL Industrial canp~ex Induding a
14,627 sq.n restauraM (The Catch) with an accessory banUuet facplty;
3. 7hat subJect restaurant was orlginally establfshed in connACtbn with ~ondnfonal Use PermR
No. 1587 (approved by the City CouncU on February 17,1y76 to permR e restaurarrt and panned industrial
complex) and the on•premises sale and consumptlon of alcohdic beverages in the restaurarrt and banquet
{acpfty was established In connection with CondKional Use Permft No. 1908 (epproved by the Planning
Commission on November 20, 1978);
4. That the parking waiver is hareby denied on the basis that It was deleted following puW~
notHicatlon;
5. That the proE,osed use is pmperly one (or which a cor~dRional use permk Is authorized bY
the Zoning Code;
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6. That the proposod use wfll not adversely affect the adJolning land uses and the growch arxl
development of the area in which R is proposed to bc located becausc~ the proposed ~ccessorY
m(c~o-brewery and manufac:ure of beer in co~nection wfth the restaurant (as shown on the approved
exhibits) is a compatible use In the context of the surrounding area;
7. The detailed floor p~ans, exterior elevation drawings and a'materials board; ~n a~dition tc
deta(led IMormation regasding the operation ~ the restaurant, were submitted indicating 3 htgh qualiry "up
scale' facility, and that a signfficant portion of tne restauranYs business will be food senrice;
S. That the size and shape uf the site fior the proposed use is adequate to allow the full
development of the proposed use in a manner not deMmental to the parttcular area ~~or to the peace, health,
satety and general welfare;
9. 7hat the trafflc generated by the proposed use wAI not impose an undue burden upon the
streets arxl highways desigr~ed and lmproved to carry the traffic fn the area;
10. That the granting of the condftional use permt[, under the,condft~ons imposed, will not be
detrimeMal to the peace, health, safety and general welfare of the cftizens of the City of Anaheim because
the unique location of the restaurant and the proposed operation of the facility, incl~xJing manufacturing beer
on-sfte, alcoholic beverage sales for on-premises consumption and the liva entertainment wfth dinner dance,
will not be a detriment to the immedfate neighborhood; and
11. That no one indlqted their presence at said pu~lic hearing fn opposRton; and that no
coRespondence was received in opposftlon to the subject petRion.
CALIFORNIA ENVIRONMENTAL QUALtTY ACT FlNDING: That ths Anaheim Cfty Planning
Commiss6on has reviewed the proposal to permR a restaurant, wfth an accessory micro-brewery in a
previously-approved 8,327 square-foot banquet faciliry, wfth wafver of minimum number of parking spaces
on a rectangufa~ly-shaped,parcel of land consisting of approximately 16.97 acres located at the southwest
comer of Gene Autry Way and State College Boulevard, having appro~mata frontages of 1,218 feet on the
south side of Gene Autry Way and 607 feet on the west side of State Collefle Boulevard, and fur[her
desi:ribed as 1939 Souih State College Boulevard (1'he Catch Restaursnt); and does hereby approvg the
Negat(ve peclaratior~ upon finding that the declaration reflects the Independent ~udgement of the lead agency
and that ft has conskJered the Negative Dedaration together wiYh any comments receNed dur~ng the public
review process and funhsr finding on the basis of the IniCia! study and any comments received that the~e
is no substantial evklence that the proJect will have a signff~carrt effect on the errvironmerrt.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plartntng Commission
does hereby grant, in p~~rt, subject Petition for Conditional Use Pertnit, upon ths following condiNn orderi to
are hereby found to be a necessary prerequisfte to the proposed use of the subject property
preserve the safety and general welfare of the Cftizens of the Cicy of Anaheim:
L That subject restaurant and accessory micro-brewery shall continuously adhere to the following
conditions, as required ty the Anaheim Police Department:
Food service, including meals, shall be available untA 11:00 p.m. er dosing time, whichever
occurs flrst, on every day of operation.
The alcoholfc baverage Iicense shall not be exchanged for a publlc premises rype 1lcense nor
shall the premises be operated as a public premises.
-2- PC96-93
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~. The sale of alcoholic beverages for consumptfon off the premises shali be prohibfted except
for beer brewed on the premises.
d. The quarterly gross sales of alcohol(c beverages shall not exceed the gross sales of foai
and/or other commodities durir~g the same pe~lod.
8, ~Mertainment provided on the prem(ses shall not be audible beyond the area under the
contrd of the business.
f. (Recommanded CondlUon Na. 1.f. was delefed at the Planning ~ommJssion pubfla hearing.)
g, There shall be no more than trvo (2) exterfor advettising devices of any kind or type (such
as signs), including advertisfng directed to the exterlor ftom instde the build(ng, promoting
or indlcating the availabilfty af alcohoiic beverages.
h. The portion of the parking lot serving this facflity shall be equlpped wfth IlgMtng of sufficEarn
power to illuminate and make east~y dtscemible the appearance and conduct of al~ Pe~sons
on or about the pa~lcing lot. The IigMing in ths area stiall be shieldad to prever~t
unreasonable illumination of the window areas of nearby businesses.
I. The number of persons attending any event at subject premises shall not exceed the
maximum occupancy load as determir.ed by the Anaheim Fire Departmerrt. Stgns specify~ng
the maximum occupancy shall be prominently displayed wfthin the premises.
). No alcoholic beverages shall be consumed on any property adjacent to the premises under
the corrtrol of the applicart•
k. Sales, service and consumption of alcoholic beverages shall ba permitted only between the
hours of 10:00 am. and 2:00 a.m.
I. At any time enteRainment (s provided on the premises, the applicant(s) shall provide
~!niformed security guards in a number as required by the Anaheim Police Departm::snt (in
compliance wfth all ~equirements of the Cal'rfomia DepaRment of Consumer Affairs and tl~e
Anaheim Municfpal Code) to mafntain order therein.
- m. There shall be no pool tables or coin-operated games maintained upon the premises at any
time.
~;
' n. SubJect business shall not emplov or permft any persons to soflcit or encouraga others,
}~;_`-~-,; directly or indirecdy, to buy them drinks in the Iicensed premises under any commission,
percentage, salary, or other profit-sharing plan, scheme or conspiracy.
2 s bmitted o~the City of Anaheim byte petit o e and which plans a ehon fite w h the P~antn~ng
Department marked Exhibft Nos. 1 through 4.
3. That an on-site traffic clrculation and parking plan shall be submitted to the City Traffic and
7ransportation Manager for review and anprovai. Said plan shall be impiemented and shall remain
in effect as required by the Ciry Traffic and Transportation Manager.
4. That the owner of subject property submft a IetYer requastfng terminatlon of Condftional Uss Permit
No. 2562 (to pemnft retail salos of computers and office fumfture (n the ML'Limfted Industrial' Zone
wfth waiver of minimum number of parking spaces) to t{ oe Zoning DNision.
-3- PC96-93
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5. That slgnage for subject facility shall be Iimited to that shown on the exhibfts submitted by the
petftioner and approved by the Planning Commts~fon. Any additional stgnage shall be subjecc to
approval by the Planning Commiss(on as a'Reports and Recommerxiations' ftem.
6. That plans shsll be submittad specifying the exact ~ocation afi any interior dan~.,e floor aresas.
7. That prior to Issuance o~ a butlding peRnR, or pdor to commencement of the activity herein approved,
or wfthin a period of one (1) yeac from the date of this resolution, vuhichever occurs first, Condition
Nos. 3, 4 and 6, above-mentioned, shall be c~mplied wfth• Extensions for further time to complete
said condftions may be granted in accordance with Section 18.03.090 of the Anaheim Munictpai Code.
8. That prior to final building and zoning inspections or prior to commencement of the activity hereln
approved, whichever occurs flrst, Co~dftton No. 2, abo~e-mentioned, shall ba ~r.omplied v+ich.
9. That appro'ral of this application constitutes approva! of the proposed roquest oniy to the exterrt that
ft complies wfth the Anaheim Municipal Zonfng Code and any other appiicable City, State and Federai
regulations. Approval does nct include any action or flndings as to complianca oc approval of the
request regarding any other applicable ordinance, regulation or requiremen:.
BE IT FURTHER RESOLVED thatthe Anaheim Ciry Planning Commission d!aes hereby
flnd and determine that adoption ~f this Resolution is expressly predicated upon appllcanYs compiiance wfth
each and all of the condftions hereinabove set forth. Should any such condrion, or any part thereof, be
declared inval(d or unenforceable by the final fudgment of any court of competent judsdictian, then this
ResoluNon, and any approvals herein contained, shall be deemed null and void.
TH~ FUREGOING RESOLUTION was adopt ^t:ihe Planning Commission meeting of
September 16, 1998.
CHAIRMAN ANAHEIM CI PLANNING COMMISSION
ATTEST: _
SECRETA Y, AHEIM CITY PLAPJNING COMMISSION
STATE OF CALIFOFCNIA }
COUNTY OF ORANGE ) ss.
CI1Y OF ANAHEIM )
I, Margarrta Solorio, Secretary of the Anaheim City Planning C,ommission, do hereby-~;artHy
that the foregoing resolu:ion was passed and adopted at a meeting of tha Maheim Ciry Planning
Commission held on September 16, 1996, by the following vote of tne members thereof:
AYES: CQMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOl., HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE ~1,, ~
IN WITNESS WHEREOF, I have hereunto set my hand this ~~C.J--r ` day of i~~-~~~~y--.
1996. ~~
SECRETARY NAHEIM CITY PIANNING COMMISSION
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PC96-93