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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 - 1 - PC2012 -052 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. -2- PC2012 -052 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. -3- PC2012 -052 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 -4- PC2012 -052 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 -5- PC2012 -052 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. C ( I �►ic.:. K�17ylr�; :.:.l lu � :.. � eTK• a7�T�i[.Y�y[•rl -6- PC2012 -052 EXHIBIT "A" DEV NO. 2012 -00015 APN: 232 - 072 -05 0 V1 Ln a 0 0 Ln E KATELLA AVE 288' m �O M I I I I I I I I o so tun ®� r� Source: Recorded Tract Maps and /or City GIS. „,�, Please note the accuracy is +/- two to five feel. -7- PC2012 -052 EXIIIBIT `B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703 (Conditional Use Permit No. 3703E) VARIANCE NO. 2012-04895 (DEV2012- 00015) -8- PC2012 -052 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 -8- PC2012 -052 -9- PC2012 -052 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 -9- PC2012 -052 _10- PC2012 -052 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. _10- PC2012 -052