6406ORDINANCE NO.6 4 0 6
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.38.025 TO CHAPTER 18.38 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ALCOHOLIC
BEVERAGE MANUFACTURING IN THE CITY OF
ANAHEIM.
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, the City Council recognizes that the burgeoning of micro- and craft -beer
breweries has created new business and employment opportunities within the City and is a
growing industry within the City, as well as on a state and national level; and
WHEREAS, the City Council also recognizes the growth opportunity of small
manufacturers of beer, wine and distilled spirits as a source of additional business and
employment opportunities within the City; and
WHEREAS, the City Council desires to enable Alcoholic B everage
Manufacturers as defined and meeting certain criteria under the Anaheim Municipal Code to
obtain permits in a more efficient and cost-effective way to prepare and serve food to business
patrons in the tasting rooms and outdoor patio areas of the alcohol beverage manufacturers
premises and to also sell equipment and ingredients for the purposes of brewing beer in the
home; and
WHEREAS, the City Council also desires to ensure compatibility between
land uses specifically alcohol beverage manufacturing businesses and residential uses; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
the California Environmental Quality Act of 1970, as amended (Public Resources Code Section
21000 et seq.; herein referred to as "CEQA"), pursuant to Sections 15061(b)(3) of the State of
California Guidelines for Implementation of the California Environmental Quality Act (California
Code of Regulations, Title 14, Chapter 3; herein referred to as the "CEQA Guidelines"), because it
will not result in a direct or reasonably foreseeable indirect physical change in the environment and
is not a project as defined in Section 15378 of the CEQA Guidelines; and
WHEREAS, the City Council determines that this ordinance is in accord with the public
purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Section 18.38.025 (Alcoholic Beverage Manufacturing) of Title 18 of the Anaheim
Municipal Code be amended to read as follows:
18.38.025 ALCOHOLIC BEVERAGE MANUFACTURING.
.010 Sewer Study Required. Alcoholic beverage manufacturing shall be permitted in
the "C-R" Regional Commercial Zone, the "C -G" General Commercial Zone, the
Platinum Triangle Mixed Use (PTMU) Overlay Zone, the Anaheim Resort Specific Plan
No. 92-2 (SP 92-2) Zone, the Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01)
Zone, and the "I" Industrial Zone provided that the alcoholic beverage manufacturer
satisfies the following requirements:
.0101 A sewer study, including an identification of appropriate measures to
mitigate sewer deficiencies, shall be prepared by a registered professional civil
engineer in the State of California and submitted for consideration by the City
Engineer.
.0102 The sewer study is subject to approval by the City Engineer. The
alcoholic beverage manufacturer will be required to implement all mitigation
measures recommended in the sewer study, including the construction of new sewer
facilities.
.0103 Prior and as a condition to the opening for business of an alcoholic beverage
manufacturing use, the alcoholic beverage manufacturer shall implement all such
mitigation measures to the satisfaction of the City Engineer.
.020 Size Limitations. The following size limitations shall apply to alcoholic
beverage manufacturing uses:
.0201 There is no size limit for alcoholic beverage manufacturing uses located in
the "I" Industrial Zone and the Development Areas 1 and 2 of the Anaheim Canyon
Specific Plan No. SP 2015-01 (SP2015-01) Zone.
.0202 Alcoholic beverage manufacturing uses may not exceed 6,000 square feet,
unless otherwise permitted by conditional use permit, in the "C -G" General Commercial
Zone, "C-R" Regional Commercial Zone, Platinum Triangle Mixed Use (PTMU) Overlay
Zone, Anaheim Resort Specific Plan No. SP 92-2 (SP92-2) Zone, and Development
Areas 3, 4, 5 and 6 of the Anaheim Canyon Specific Plan No. SP 2015-
01 (SP2015-01) Zone.
.030 Tasting Room. A tasting room may not exceed a total of 750 square feet, unless
otherwise permitted by conditional use permit. The area permitted for a tasting room shall
not include any outdoor patio area. A tasting room consists of the floor area where
alcoholic beverages are consumed, including any bar and seating areas but shall not
consist of area within the alcoholic beverages manufacturing licensed premises devoted to
restrooms serving the tasting room. An outdoor patio area may be permitted provided
2
it is not located in any required parking space or access way. An outdoor patio area may
not exceed 1,000 square feet.
.0301 The Planning and Building Director may establish or modify hours of
operation for tasting rooms and/or outdoor patios associated with Alcohol Beverage
Manufacturing business when the tasting room or outdoor patio is located within 150 feet
of any residential use. Any decision by the Planning and Building Director regarding the
hours of operation may be appealed to the Planning Commission, in accordance with the
procedures established in Chapter 18.60 (Procedures).
.040 Grain Silo. A grain silo may be permitted to be located outside of the building
serving as the alcoholic beverage manufacturing use. The grain silo may not be located
in any required parking space or access way. One (1) sign may be permitted on the grain
silo with a maximum size of nine (9) square feet. The silo sign is permitted in addition
to any permitted wall signs or monument signs.
.050 Outdoor Equipment. Outdoor utility equipment must be screened in accordance
with the requirements in Section 18.38.160 (Mechanical and utility equipment — ground
mounted). Outdoor ground- mounted utility equipment is not permitted in the "C -G"
General Commercial Zone, the "C-R" Regional Commercial Zone, the Platinum Triangle
Mixed Use (PTMU) Overlay Zone, the Anaheim Resort Specific Plan No. SP 92-2
(SP92-2) Zone, and Development Areas 3, 4, 5 and 6 of the Anaheim Canyon Specific
Plan No. SP 2015-01 (SP2015-01) Zone.
.060 Outdoor Storage. Outdoor storage is prohibited in the "C -G" General Commercial
Zone, "R -C" Regional Commercial Zone, the Platinum Triangle Mixed Use (PTMU)
Overlay Zone, the Anaheim Resort Specific Plan No. SP 92-2 (SP92-2) Zone and
Development Ares 3, 4, 5 and 6 of the Anaheim Canyon Specific Plan No. SP 2015-01
(SP2015-01) Zone.
070 No video, electronic or other amusement devices or games shall be permitted.
.080 The real property upon which an alcoholic beverage manufacturing use is
operated shall be permanently maintained in an orderly fashion by the provision of
regular landscape maintenance, removal of trash and debris, and removal of graffiti
within forty eight (48) hours from the time of occurrence.
.090 Any proposed roof -mounted equipment shall be completely screened from
view. This screening information shall be specifically shown on the plans submitted
for a building permit.
.100 A security plan in a form satisfactory to the Anaheim Police Department shall be
submitted to and approved by the Anaheim Police Department prior and as a condition
to the issuance of a permit, which plan shall be formulated to deter unlawful conduct of
employees and patrons, to promote the safe and orderly assembly and movement of
persons and vehicles, and to prevent disturbances to surrounding uses and the
neighborhood by excessive noise created by patrons entering or leaving the alcoholic
beverage manufacturer's licensed premises.
.110 Parking lots, driveways, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings making up an alcoholic beverage manufacturing use
shall be provided with enough lighting to illuminate and make clearly visible the
presence of any person on or about the alcoholic beverage manufacturer's licensed
premises during the hours of darkness and shall provide a safe and secure environment
for all persons, property, and vehicles onsite.
.120 There shall be no admission fee, cover charge, nor minimum purchase required.
.130 Signs shall be posted inside the business near the exit door stating: "No alcohol
allowed past this point."
.140 The number of persons shall not exceed the maximum occupancy load as
determined by the Anaheim Fire Department. Signs indicating the occupant load shall be
posted in a conspicuous place on an approved sign near the main exit from the room. (See
Section 25.114(a) of the 2013 Edition of the California Fire Code, as the same may be
amended from time to time.)
.150 There shall be no live entertainment, amplified music or dancing permitted on
the alcoholic beverage manufacturer's licensed premises at any time without issuance
of proper permits as required by the Anaheim Municipal Code.
.160 The display of alcoholic beverages shall not be located outside of a building or
within five (5) feet of any public entrance to the building.
.170 Up to four (4) Special Event Permits are allowed for an alcoholic beverages
manufacturing use subject to Section 18.38.240, except that Special Event Permits may
be permitted for alcoholic beverage manufacturing uses in the "I" Industrial Zone and in
the Anaheim Canyon Specific Plan No. 2015-01 (SP
2015-01) Zone.
.180 Food preparation and service shall be allowed as an accessory use to an alcohol
beverage manufacturer's licensed premises for those alcohol beverage manufacturers that
regularly sell alcoholic beverages wholesale to other businesses.
.190 An alcoholic beverage manufacturer shall not serve brands of alcoholic
beverages distributed by a competing alcoholic beverage manufacturer. The alcoholic
beverages served shall be limited to the products that are authorized to be sold by the
alcoholic beverage manufacturer under its license issued by the California Department
of Alcoholic Beverage Control.
.200 A licensed alcoholic beverage manufacturer may, at the alcoholic beverage
manufacturer's licensed premises of production, sell to consumers for consumption off the
alcoholic beverage manufacturer's licensed premises alcoholic beverages that are
produced and bottled by, or produced and packaged for, that manufacturer. A licensed
alcoholic beverage manufacturer may also sell such alcoholic beverages to consumers for
consumption in the alcoholic beverage manufacturer's tasting room. (Ord. 6296 § 10;
March 4, 2014: Ord. 6358 § 3; February 9, 2016: Ord. 6382 § 21; October 18, 2016.)
.210 A licensed alcoholic beverage manufacturer may, at the alcoholic beverage
manufacturer's licensed premises of production, sell to consumers equipment and
ingredients intended for the purposes of brewing beer at home.
rd
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
9
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 4th day of April , 2017, and thereafter
passed and adopted at a regular meeting of said City Council held on the 25th day of
April , 2017, by the following roll call vote:
AYES: Mayor Tait and Council Members Vanderbilt, Murray,
Barnes, Moreno, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
ATT
fi'�4)
CITY CLERK OF THE CITY OF ANAHEIM
121132v2/LHM
CITY OF ANAHEIM
By: / r/ —
MAYOR OF THE CITY OF ANAHEIM
0
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6406 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 4th day of April, 2017, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 25th day of April, 2017, by the following vote of
the members thereof:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno,
Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2017.
0 AP i
isaALteefrigAor. 40
CITY CLERK OF THE CITY O' ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
May 4, 2017
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: May 4, 2017
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6406
ORDINANCE NO. 6406
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.38.025 TO CHAPTER 18.38 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING 70 ALCOHOLIC
BEVERAGE MANUFACTURING IN THE CITY OF ANAHEIM.
(ZONINGCODEAMENDMENT NO. 2017-00138)
The purpose of this ordinance is to amend Section 18.38.025 of Chapter
78.38 (Supplemental Use Reeggulations) of Title 18 Woniog) of the Ana-
heim Municipal Code (the I ode•) to allow food Preparation and sales,
provisions for retail sales of brewing equipment, and to amend opera-
tional standards relating to permitted hours of operation for Alcohol-
ic Beverage Manufactures proposed within 150 feet of a residential
use.
1, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certi-
fy that the foregoing is a summary of Ordinance No. 6406,,which ordi-
nance was introduced at a regular meeting of the City Council of the
City of Anaheim on the 4th day of April, 2017 and Was duly passed and
adopted at a regular meeting of said Council on the 25th day of April,
2017 by the following roll call vote of the members thereof:
AYES: Mayor Tait and Council Members Vanderbilt, Murray,
Barnes, Moreno, Kring, and Foessel
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter con-
tained in the text of Ordinance No. 6406 which has been prepared pur-
suant to Section 512 of the Charter of the City of Anaheim. This sum-
mary does not include or describe every provision of the ordinance
and should not be relied on as a substitute for the full text of the ordi-
nance.
To obtain a copy of the full text of the ordinance, please contact the
Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM,
Monday through Friday. There is no charge for the copy.
122348v7/LHM Publish: Anaheim Bulletin May 4, 201710942330