Resolution-PC 98-131RcSOLUTION NO. PC98-131
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC94-119, AS P.MENDED BY RESOLUTION NO. PC96-44,
ADOPTED IN CONNECTION WITH CONDITIONAL USE ?ERMIT 3703
WHEREAS, on September 7, 1994, the Planning Commission adopted Reso~ution No.
PC94-119 to approve Conditional Use Permit No. 3703, in part, and permit a 30,500 sq. ft. planned unit
commercisl shopping center at the soutneast comer of Katella Avenue and Douglass Road, inciuding a
14,000 sq. ft. semi-enclosed restauran! (microbrewery) with on-premises sale ard consumption af beer
and wine, and with waiver of minimum number of parking spaces (waivers of minimum Iandscaping
requirements and minimum required parking lot landscapin~ were denied); and
WHEREAS, on May 13, 1996, the Commission adopted Resolution No. PC96-44 to amend
Resoiution No. PC94-119 and permit on-premises saie and consumption of alcoholic beverages, instead
of beer and wine only, in the restaurant/microbrewery; and that Commission also approved final plans,
including that the restauranUmicrobrewery was reduced to 10,684 sq. ft., and amended the conditions of
approvai in their entirety; and that said resolution includes ?he following conditions: -
2.c. That the retail sale of alcoholic heverages for pubiic consumption off the premises shall be
prohibited.
That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file
with the Planning Department identified as Exhibit Nos, 1 through 4, and Exhibit Nos. A
through E (restaurant).
WHEREAS, subJect property is d~veloped with a 30,500 sq. ft, commercial retail center,
including J.T. Schmid's Restaurant at 2619 East Katella Avenue, in the ML (Umited Industrial) Zone; and
WHEREAS, the petitioner has requested amendment to this conditional use permit :o
expand lhe restaurant by 2,018 sq. ft. (to 12,i02 sq. ft.) and modi(y the conditions of approval to aliow the
retail sale of beer (in minimum 1/2 keg containers) manufactured on-site for off-premises consumption;
and that revised plans (Revision No. 1 of Exhibit Nos. 1 and 3, and Exhibit No. 5) were submitted to
illustrate the proposal; and
WHEREAS, lhe City Planning Commission d(d hold a publfc hearing at the Civic Center in
the City of P,naheim on August 17, 1998, at 1:30 p.m., notice oF said public Fiearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recammendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigatior and study made by Itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed expansion of the restaurant and the retail sale of beer manufactured on-
site for off-premises consumption are uses for which a ~onditional use permit is authorized by Anaheim
Municipal Code Sections 18.61.050.310 and 18.61.050.390 in a planned unit commercial ~enter in the ML
Zone.
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2. That the uses, as amended, will not adversely affect tne adjoining land uses and the growth
and development of the area since these uses are compatible with the surrounding commercial, industrial
and recreational land uses.
3. That the proposed modifications, under authority of Subsection 18.03.092.060 of the
Anaheim Municipal Code and including lhe imposition of additional conditions, are reasonably necessary
to protect the public peace, health, safety and general welfare, and necessary to permit reasonable
operation under the conditional use permit as previausly granted.
4. That the size and shape of this site is adequate to allow fuii development of the commercial
cenfer, including the expansion of the restaurant, in a manner r~ot detrimental to the immediate
neighborhood nor to the peace, health, safety and general weifare because the proposed expansion will
not create a waiver of minimum number of parking spaces for the commercial center and because the
retail sale of beer manufactured on-site and sold for off-premise~ co~sumption will be limited to minimum
1/2 keg (approximately 15.5 gallons, with an overall weight of apprcximately 125 Ibs.) or larger containers.
5. That the proposed expansion of the restaurant will not measurably increase the amount of
tra~c in the immediate area nor r,reate an undue burden upon the streets and highways.
6. That, as indicated by the Anaheim ?olice Department and the State Department oi Alcohol?c
Beverage Control, no additional review fur Determination ofi Public Com~eni~nce or Necessity is required
for this proposal to permit the retail sale of beer manufactured on-site for off-premises consumption in
connection ~vith a restaurant/microbrewery.
7. 7hat ~~o orie indicated their presence at the public hearing in opposition; and that no
correspondence wes received in opposition to this petition.
CALIFORNIA FNVIRONMENTAL QUALIN ACT FINDINC`• That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find th . the Negative Declaration
previously approved in connection with Conditional U~e Permit No. 3703 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previousiy approved
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments rer,eived that there is no substantial evidence
that the project will have a significant effect on the environmeni.
NOW, THEREFORE, BE IT RESOLVGG !hat the Anaheim City Planning Commission does
hereb}~ amend .Resolution No. PC94-119, zs amended by Resolution No. F'C96-44 and adopted in
connection with Conditional Use Permit No. 3703, as follows:
(a) Amend the previously approved conditional uses, under authority of Anaheim Municipal Code
Sections 18.61.050.310 and 18.61.050.390, to expand the restaurant/microbrewery from 10,684
sq. ft. to 12,702 sq. ft. and permit the retail sale of beer manufactured on-site for off-premises
consumption; and
(b) Amend Condition Nos. 2.c. and 6 to read:
2.c. 'fhat the retail sales of alcoholic beverapes for public consumption off the premises shall
be prohibited except for the beer manufactured on the premises and sold in 1/2 keg or
larger containers.
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6. That subject property shall be developed substantially ~n accordance with plans and
specifications submitted to the City of Anahoim by the petitio, er and which plans are on
file with the Planning Department marked Revision No. 1 of xhibit No. 1 and 3; Exhibit
Nos. 2, 4 and 5; and Exhibits A through E e itaurant ~ conditioned herein.
I
THE FOREGOING RESOLU7;0~ dopte~ at the I ing Commission meeting of
Qugust 17, 1998. \ ~ ` ; , , /
PLANNING
ATTEST:
. ~1~~
l.V
SECRET RY, A HEIM CI1Y ~LANNING C~MMlSSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Margarita Sclorio, 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 Pianning
Commission held on August 17, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS:BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA, WILLIAMS
NOES: COMMISSIONERS:NONE
ABSENT: COIviMISSiONERS:NONE
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~" day of
~ ,1~, 1998.
~1d~U~-~
SECRETAR~ ANAHEIM CITY PLANNING COMMISSION
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