Resolution-PC 2012-077RESOLUTION NO. PC2012 -077
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM AMENDING
RESOLUTION NO. PC2012 -052, NUNC PRO TUNC,
RELATING TO THE APPROVAL OF AN AMENDMENT
TO CONDITIONAL USE PERMIT NO. 3703 AND
VARIANCE NO. 2012 - 04895.
(DEV2012- 00015)
(2610 EAST KATELLA AVENUE)
WHEREAS, on August 27, 2012, the Planning Commission of the City of Anaheim (herein
referred to as the "Planning Commission "), adopted its Resolution No. PC2012 -052, whereby the
Planning Commission approved (i) an amendment to Conditional Use Permit No. 3703 to permit a
reconfigured outdoor patio seating area for an existing restaurant/microbrewery, and (ii) Variance
No. 2012 -04895 to permit fewer parking spaces and a landscape setback less than required by the
Anaheim Municipal Code (herein referred to as the "Code ") for a commercial center and
restaurant/microbrewery occasioned by the acquisition by the City of a portion of the subject
property for the widening of Douglass Road; and
WHEREAS, Variance No. 2012 - 04895, which permits fewer parking spaces than required by
the Code, was approved upon the condition that the requisite off -site parking spaces would be
provided on the adjacent ARTIC property pursuant to a parking agreement between the owner of the
subject property and the City of Anaheim; and
WHEREAS, in order to ensure that the terms and provisions of Resolution No. PC2012 -052
and the conditions of approval attached thereto as Exhibit B do not conflict, and will conform, with
the terms and provisions of said parking agreement, the applicant has requested that the Planning
Commission amend certain portions of Resolution No. PC2012 -052; and
WHEREAS, the proposed amendments to Resolution No. PC2012 -052 will not change the
substance of the terms and provisions of Resolution No. PC2012 -052 and the conditions of approval
attached thereto as Exhibit B but will, instead, more clearly evidence the intent of the Planning
Commission and will also correct some minor inadvertent or clerical errors; and
WHEREAS, the Planning Commission has inherent authority to amend its resolutions under
these circumstances, which will have retroactive legal effect upon the adoption of this Resolution;
and
WHEREAS, by the adoption of this Resolution, the Planning Commission of the City of
Anaheim desires and intends to amend Resolution No. PC2012 -052, nunc pro tune; i.e., having
retroactive legal effect.
1 PC2012 -077
NOW, THEREFORE, BE TT RESOLVED by the Planning Commission of the City of
Anaheim as follows:
SECTION 1. The Code reference and description of the minimum number of parking spaces
required and the variance therefrom, which appeared in the twelfth recital of Resolution No.
PC2012 -052, is hereby amended to read as follows:
"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
property owner on adjacent ARTIC
property)."
SECTION 2. The third resolution contained in Resolution No. PC2012 -052 is hereby
amended to read as follows:
"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 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 such condition shall be deemed
stricken and this Resolution, and any approvals herein contained, shall be
deemed modified by the deletion of such condition."
SECTION 3. Condition of Approval No. 6, as set forth on Exhibit B to Resolution No.
PC2012 -052, is hereby amended to read as follows:
"The minimum number of parking spaces required by Code shall be
available for subject proposal during periods of peak parking demand as
set forth in the parking study prepared by Kimley -Horne Associates in
July, 2012. Off -site parking 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. The conditional use permit shall be valid only if Code
required parking is available. The execution and recordation of such
parking agreement, and the Property owner's compliance with the terms
and conditions thereof, shall conclusively be deemed evidence that Code
required parking is available."
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SECTION 3. Subparagraphs "e ", "f ", and "h" of Condition of Approval No. 7, as set forth on
Exhibit B to Resolution No. PC2012 -052, are hereby amended to read as follows:
"e. The parking lot of the premises (which does not include the
ARTIC property) 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 purchased at the restaurant shall be
consumed on any property adjacent to the premises under the control of
the applicant pursuant to the aforesaid parking agreement."
"h. 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."
SECTION 4. The Conditions of Approval, Exhibit B to Resolution No. PC2012 -052, are
hereby deleted in their entirety, and the revised Conditions of Approval, attached hereto as Exhibit B
and incorporated herein by this reference, are hereby substituted in their place, nunc pro tunc. All
references to the Conditions of Approval or the revised Conditions of Approval herein and in
Resolution No. PC2012 -052 shall be to the revised Conditions of Approval attached to this
Resolution as Exhibit B.
SECTION 5. Except as expressly amended herein, the provisions of Resolution No.
PC2012 -052 shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the Planning Commission of
the City of Anaheim this 5th day of November, 2012, by the following roll call vote:
A 1'1EST:
italic() t t
CHAIR, ANAHEIM CITY PLANING COMMISSION
SENIOR 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 November 5, 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 5 day of November, 2012.
SENIOR SECRETARY, ANAHEIM CIT LANNING COMMISSION
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NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL CONDITIONS
I
No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
Code
Enforcement
2
The developer shall obtain a demolition permit from the
Building Division.
Planning and
Building
Divisions
3
The recordation of a Save Harmless in -lieu of Encroachment
Agreement is required prior to any private storm
drains /swales connecting to a City storm drain conveyance.
Public Works,
Development
Services
4
The proposed storm drain facilities for this development
shall be privately maintained except the mainline storm
drain within the public streets.
public Works,
Development
Services
5
The ongoing design coordination meetings with Anaheim
ARTIC team are in lieu of the normal required
improvements and right -of -way dedication for Katella
Avenue and Douglass Road.
Public Works,
Development
Services
6
The minimum number of parking spaces required by Code
shall be available for subject proposal during periods of
peak parking demand as set forth in the parking study
prepared by Kimley -Horne Associates in July, 2012. Off -
site parking 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. The conditional use permit shall
be valid only if Code required parking is available. The
execution and recordation of such parking agreement, and
the Property owner's compliance with the terms and
conditions thereof, shall conclusively be deemed evidence
that Code required parking is available.
Planning
Division
7
The restaurant/microbrewery shall continuously adhere to
the following conditions, as required by the Police
Department.
Code
Enforcement
EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703
(Conditional Use Permit No. 3703E)
VARIANCE NO. 2012-04895
(DEV2012- 00015)
PC2012 -077
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PC2012 -077
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
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 (which does not
include the ARTIC property) 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 purchased at the restaurant
shall be consumed on any property adjacent to the
premises under the control of the applicant pursuant
to the aforesaid parking agreement.
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 licensed 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
compliance with plans approved by the Public Works,
Streets and Sanitation Division.
Public Works,
Streets and
Sanitation
Division
9
The following uses may be permitted for subject planned
unit commercial shopping center in addition to the uses
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
Code
Enforcement
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PC2012 -077
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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, 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
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 variance.
Planning
Division
11
The activities occurring in conjunction with the operation of
this restaurant/microbrewery shall not cause noise
disturbance to surrounding properties.
Code
Enforcement
1
The property shall be developed substantially in accordance
with plans and specifications submitted to the City of
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.
planning
Division
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