Resolution-PC 2011-083RESOLUTION NO. PC2011 -083
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05572
AND VARIANCE NO. 2011 -04876
(DEV2011- 00082)
(20 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission did receive a verified Petition to approve
Conditional Use Permit No. 2011 -05572 and Variance No. 2011 -04876 to establish a banquet
facility and restaurant with alcohol service with less parking than required by Code; and
WHEREAS, this 1.34 -acre property is developed with a 32,795 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 Mixed Use land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 7, 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
conditional use permit and variance 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 and restaurant
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 and restaurant 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 18.08.030.010 (Community and Religious
Assembly).
2. The proposed the conditional use permit to establish a banquet facility and
restaurant 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.
PC2011 -083
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed banquet facility and restaurant 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 and restaurant 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 and restaurant 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 and restaurant should be approved for the following reasons:
SECTION NO. 18.42.040.010
Minimum number of parking spaces.
(212 spaces required for the entire commercial
center; 190 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, used to determine the number of parking spaces necessary for a similar
banquet facility. The study concludes that the existing number of parking spaces was sufficient
as 86 spaces would be needed for the banquet facility and restaurant, with 126 spaces required by
Code for the remaining commercial uses on the property. 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 the demand and competition for parking spaces
upon the public streets in the immediate vicinity of the proposed use because sufficient parking
is provided onsite and in the adjacent parking structure and that banquet events will occur
primarily during evening and weekend hours when the other businesses in the center were not
open.
3. The variance will not increase the demand and competition for parking spaces
upon adjacent private property in the immediate vicinity of the proposed use because sufficient
parking is provided onsite and in the adjacent parking structure and that banquet events will
occur primarily during evening and weekend hours when the other businesses in the center were
not open.
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4. The variance will not increase traffic congestion within the off - street parking
areas or lots provided for the proposed use because all parking will be contained on the subject
property and in the allotted leased spaces in the adjacent parking structure.
5. The variance will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the proposed use because the
project does not propose new ingress or egress points and is designed to allow adequate on -site
circulation.
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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2011 -05572 and Variance No.
2011 -04876 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.
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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.
THE FOREGOING RESOLUTION ryas adopted at the Planning Commission
meeting of November 7, 2011. 7
h /!
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
, Y ,LL■4
CHAIRMAN, ANAI-IEIIVI CITY P)A"NNING COMMISSION
SENIOR SEC TARY, ANAHEIM CITY PLANNING COMMISSION
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 7, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of November, 2011.
SENIOR SE C
TARY, ANAHEIM CITY PLANNING COMMISSION
•
4 PC2011 -083
APN: 255- 077 -12
fj 0 50 100
F.;ut
EXHIBIT "A"
DEV NO. 2011 -00082
- 5 -
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
PC2011 -083
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1
A way finding sign program to direct customers to the Center
Street parking structure east of this location shall be
submitted to the Planning Department, Planning Services
Division for review and approval. The signs shall be
installed prior to operation of the business.
Planning
Department,
Planning
Services
2
The business shall be equipped with an alarm system (silent
or audible).
Police
Department
3
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.
Public
Works,
Streets and
Sanitation
Division
4
Address numbers shall be positioned so as to be readily
readable from the street. Numbers should be visible during
hours of darkness.
Police
Department
5
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:
http: / /www.anaheim.net/article.asp ?id =678
Police
Department
GENERAL CONDITIONS
6
Prior to operation of the business, a security plan to include
security measures shall be provided and reviewed to the
satisfaction of the Anaheim Police Department 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 the neighborhood by
excessive noise created by patrons entering or leaving the
premises. This security plan shall include an adequate
number of security personnel as deemed necessary by the
Police Department.
Police
Department
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05572
AND VARIANCE NO. 2011-04876
(DEV2011- 00082)
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PC2011 -083
7
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 Anaheim
Municipal Code)
Police
Department
8
Petitioner(s) shall not require an admission charge or a cover
charge, nor shall there be a requirement to purchase a
minimum number of drinks.
Police
Department
The sale of alcoholic beverages for consumption off the
premises shall be prohibited.
Police
Department
10
The number of persons attending the event shall not exceed the
maximum occupancy load as determined by the Anaheim Fire
Department or 240 guests, whichever is lower. Signs
indicating the occupant load shall be posted in a conspicuous
place on an approved sign near the main exit from the room.
(Section 25.114(a) Uniform Fire Code)
Police
Department
11
The doors shall remain closed at all times that entertainment is
permitted, except during times of entry or exit, emergencies
and deliveries. (Section 4.18.110 Anaheim Municipal Code)
Police
Department
1?
All employees shall be clothed in such a way as to not expose
"specified anatomical areas" as described in Section 7.16.060
of the Anaheim Municipal Code.
Police
Department
13
No minor under the age of sixteen (16) years shall be allowed
to attend the dance, unless accompanied by a parent or
guardian. (Section 4.16.060.010 Anaheim Municipal Code)
Police
Department
14
The 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 24200.5 Alcoholic Beverage Control Act)
Police
Department
15
The floor space provided for dancing shall be free of any
furniture or partitions and maintained in a smooth and safe
condition. (Section 4.16.050.010 Anaheim Municipal Code)
Police
Department
16
Petitioner(s) shall police the area under their control in an
effort to prevent the loitering of persons about the premises.
Police
Department
17
Petitioner shall not share any profits, or pay any percentage
or commission to a promoter or any other person, based upon
monies collected as a door charge, cover charge, or any other
form of admission charge, including minimum drink orders,
or the sale of drinks.
Police
Department
18
At lunch when the premise is open for business, the premise
shall be maintained as a bona fide restaurant and shall
provide a menu containing an assortment of foods normally
offered in such restaurant.
Police
Department
7
PC2011 -083
19
There shall be no exterior advertising of any kind or type,
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic
beverages.
Police
Department
20
That all events shall conclude no later than 12:00 a.m. and
security personnel shall be stationed in a manner to ensure
that patrons leaving the facility do not disturb adjacent
residents.
PIanning
Department,
Planning
Services
21
The permitted event or activity shall not create sound levels
which violate any ordinance of the City of Anaheim.
Planning
Department,
Code
Enforcement
Division
22
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.
Police
Department
Planning
Department,
Code
Enforcement
Division
23
There shall be no public telephones on the premises located
outside the building.
Planning
Department,
Code
Enforcement
Division
24
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.
Planning
Department,
Code
Enforcement
Division
25
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.
Police
Department
26
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
Planning
Department,
Code
8
PC2011 -083
- 9 - PC2011 -083
Code.
Enforcement
Division
27
There shall be no amplified music permitted outside of the
building.
Police
28
The use of all pyrotechnical material, special effects and
fireworks shall be permitted only it and to the extent,
approved by the Anaheim Fire Department prior to their use.
Fire
Department
29
No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
Planning
Department,
Code
Enforcement
Division
30
No outdoor activities involving gathering of persons shall be
permitted on -site.
Planning
Department,
Code
Enforcement
Division
31
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 24 -hours of being applied.
Planning
Department,
Code
Enforcement
Division
32
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.
Planning
Department,
Planning
Services
Division
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