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Resolution-PC 2011-006RESOLUTION NO. PC2011 -006 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DEIERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05535 AND VARIANCE NO. 2010 -04840 (DEV2010- 00175) (2660 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission did receive a verified Petition to approve Conditional Use Permit No. 2010 -05535 and Variance No. 2010 -04840 to establish a banquet facility with alcohol service with less parking than required by Code; and WHEREAS, this 2 -acre property is developed with a 20,169 square foot commercial retail building. The property is located in the C -G (General Commercial) zone and the Anaheim General Plan designates the property for Neighborhood Center land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 31, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed tentative parcel map and conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 the request to establish a banquet facility with alcohol service with less parking than required by Code should be approved for the following reasons: 1. The proposed request to establish a banquet facility with alcohol service in the General Commercial (C -G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.010 (Community and Religious Assembly). 2. The proposed the conditional use permit to establish a banquet facility in an existing commercial building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by and integrated with similar buildings and uses; and the peak hours of the proposed banquet facility will occur while the adjacent businesses will be closed. 1 - PC2011 -006 3. The size and shape of the site for the use is adequate to allow the full development of proposed banquet facility in a manner not detrimental to the particular area or to the health and safety because the proposed banquet facility will be located within an existing commercial building and is surrounded by compatible commercial uses. 4. The traffic generated by the proposed banquet facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will occur after the highest peak afternoon hours on the adjacent highways. 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed banquet facility will be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code in conjunction with a banquet facility should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (252 spaces required for the entire commercial center; 124 spaces proposed). 1. The requested variance is hereby approved based upon the findings and conclusions contained in a parking demand study prepared by K2 Traffic Engineering, Inc. dated December 23, 2010, to determine the number of parking spaces necessary for the proposed banquet facility. The study concludes that the existing number of parking spaces was sufficient as 107 spaces would be needed for all existing and proposed uses, including the new banquet facility. The study also concludes that banquet events would occur primarily during evening and weekend hours when the other businesses in the center were not open. 2. The variance will not increase traffic congestion since all parking will be contained on the subject property. Further, the project does not propose new ingress or egress points and is 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 banquet facility. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. 2 PC2011 -006 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05535 and Variance No. 2010 -04840 and 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 subject 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 Anaheim City 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 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. meeting of January 31, 2011. ATTEST: THE FOREGOING RESOLZLT OI N wa adgpted at the Planning Commission CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANK G COMMISSION - 3 - PC2011 -006 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 January 31, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, SEYMOUR NOES: COMMISSIONERS: AGARWAL ABSTAINED: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 31 day of January, 2011. /'/‘-- -- SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 - PC2011 -006 dAPN: 070-191-221 1 W GREENBRIER AVE H 50 100 Feet 246' 376' EXHIBIT "A" DEV2010 -00175 W LA PALMA AVE N N - 130' W FELICIIDAID CIR -s Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11058 ■ 5 PC2011 -006 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05535 AND VARIANCE NO. 2010-04840 (DEV2010- 00175) NO. CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The business shall be equipped with an alarm system (silent or audible). 2 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for permits. 3 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. 4 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: httn:/ /www.anaheim.net /article.asn ?id =678 5 The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. GENERAL CONDITIONS 6 The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. 7 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise creating by patrons entering or leaving the premises. - 6 - REVIEW BY Police Public Works, Streets and Sanitation Division Police Police Police Police/ Code Enforcement Police SIGNED OFF BY PC2011 -006 8 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code (Section 4.16.070 of the AMC). 9 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. 10 The owner shall provide security personnel in the parking lots and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by adjacent residents. 11 Trash pickup at the premises shall be made no earlier than 7 a.m. and no later than 10 p.m. 12 Trash from the banquet facility shall not be emptied into the outside trash containers between the hours of 10 p.m. to 7 a.m., daily. 13 There shall be no public telephones on the premises located outside the building. 14 Any tree and/or landscaping planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. 15 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 16 The number of persons attending the event shall not exceed 240 persons. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. 17 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises without issuance of proper permits as required by the Anaheim Municipal Code. Police Police Police/ Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Police Fire, Code Enforcement Code Enforcement 7 PC2011 -006 18 There shall be no amplified music permitted outside of the building. 20 21 22 19 The use of all pyrotechnical material, special effects and fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. No required parking area shall be fenced or otherwise enclosed for outdoor storage. No outdoor activities involving gathering of persons shall be permitted on -site. The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within two business days of being applied. 23 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) and 2 (Floor Plan), and as conditioned herein. Police Fire Code Enforcement Code Enforcement Code Enforcement Planning PC2011 -006