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Resolution-PC 2012-053RESOLUTION NO. PC2012 -053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT A CLASS I CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2012-05609 AND VARIANCE NO. 2012-04903 (DEV2012- 00056) (750 -760 NORTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition to approve Conditional Use Permit No. 2012 -05609 and Variance No. 2012 -04903 to establish a banquet facility with alcohol service with less parking than required by the Anaheim Municipal Code (herein referred to as the "Code ") for that certain real property located at 750 -760 North Brookhurst Street in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A ". attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 3.11- acres, is developed with two commercial retail buildings measuring approximately 36,000 square feet and is part of a larger commercial center which combined total 4.43- acres. The Property is located in the C -G (General Commercial) zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 27, 2012, 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 Chapter 18.60 of the Anaheim Municipal Code (the "Code ") , to hear and consider evidence for and against said proposed conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the 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 the Code, does find and determine the following facts: - 1 - PC2012 -053 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 Section 18.10.030.010 (Community and Religious Assembly) of the Code. 2. The proposed 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 operating hours for the proposed banquet facility will occur during the lowest parking demand of the adjacent businesses. 3. The size and shape of the site for the use is adequate to allow the full development of the 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 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 within the commercial center 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. (342 spaces required for the entire commercial center; 258 spaces existing) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because a parking demand study was prepared by TSD Traffic Safety Engineers dated July 6, 2012 determining that the current number of parking spaces within the commercial center is sufficient to accommodate all of the uses on the site including the new banquet facility. The study concluded that only 162 parking spaces is needed to serve the parking needs of the entire commercial center at peak parking demand times and 258 spaces are provided. Based on the study, the retail center parking lot will be less than 65 percent occupied with the additional parking demands created by the proposed banquet facility; -2- PC2012 -053 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because on -site parking within the commercial retail center will not increase or compete for on- street parking, since adequate parking is provided on -site to accommodate the peak parking demands of the proposed banquet facility and the other uses on the site; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050.030 (Non - Residential Uses- Shared Parking Arrangements) because the commercial center is physically separate from other surrounding commercial properties, therefore there will be no direct competition for parking upon adjacent properties. On -site parking is expressly provided for the banquet facility and other uses and will adequately accommodate peak parking demands of all uses on the site. The banquet facility and all other uses on the site generate a peak parking demand of 162 parking spaces and 258 spaces are available; 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off- street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, if any, 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 site has existing ingress or egress access points that are 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05609 and Variance No. 2012 -04903 subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the 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 any amendment, modification or revocation 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. -3- PC2012 -053 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 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 27, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. � CHAIRMAN, ANAHEIM CITY XANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -053 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 August 27, 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 27 day of August, 2012. SENIOR SEMETARY, ANAHEIM CITY - PLANNING COMMISSION -5- PC2012 -053 EXHIBIT "A" DEV NO. 2012 -00056 APN: 072 - 060 -63 u, J Q Z W GRAMERCY AVE 532' H u� H N CD K 18' 2 0 m 567 O z Z W CRESCENT AVE r J Q z ® o sn ma � Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -6- PC2012 -053 1 *441 I3 Yliii,a CONDITIONAL USE PERMIT NO. 2012-05609 AND VARIANCE NO. 2012-04903 (DEV2012- 00056) -7- PC2012 -053 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO COMMENCEMENT OF THE USE I The business shall be equipped with an alarm system (silent Fire /Police or audible). 3 An automatic fire sprinkler and alarm system shall be Fire designed, installed and maintained as required by the Fire Department. 3 Provide a trash management plan for review and approval by Public the Public Works Department, Streets and Sanitation Works, Division. Streets and Sanitation Division 4 Address numbers shall be positioned so as to be readily Police readable from the street. Numbers should be visible during hours of darkness. 5 Adequate lighting of parking lots and grounds contiguous to Police the 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 information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 6 A security plan shall be provided to the satisfaction of the Police Anaheim Police Department identifying the safety and security measures being provided to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, ensure that alcohol consumption by underage patrons does not occur on the premises and prevent disturbances to the neighborhood by excessive noise creating by patrons entering or leaving the premises. 7 Complete a Burg] ary/Robbery Alarm Permit application, Police Form APD 516, and return it to the Police Department prior -7- PC2012 -053 -8- PC2012 -053 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.asl2?id =678 8 The rear doors of the premises shall be equipped on the Police 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. 9 Gates shall be provided to properly secure the rear of the Planning building facing the drainage channel. 10 Parking lot striping shall be provided, per City Standard Planning Detail No. 470, in areas where striping is deteriorating. Disabled parking spaces shall be provided in accordance with the Americans with Disabilities Act and City Standard Detail No. 436 -G. GENERAL CONDITIONS 11 The permitted event or activity shall not create sound levels Police, which violate any ordinance of the City of Anaheim. Code Enforcement 12 Any and all security officers provided shall comply with all Police 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). 13 The business shall not be operated in such a way as to be Police detrimental to the public health, safety or welfare. 14 The owner shall provide security personnel in the parking Police, lots to prevent any activity which would negatively impact Code surrounding neighbors. Enforcement 15 Any graffiti painted or marked upon the premises or on any Code adjacent area under the control of the property owner shall be Enforcement removed or painted over within 24 hours of being applied. 16 There shall be no public telephones on the premises located Code outside the building. Enforcement 17 The number of persons attending any event shall not exceed Fire, 300 persons or the permitted maximum occupancy of the Code building, whichever is less. Signs indicating the occupant Enforcement load shall be posted in a conspicuous place on an approved sign near the main exit from the room. -8- PC2012 -053 18 There shall be no amplified music permitted outside of the Police building. 19 There shall be no admission fee, cover charge, nor minimum Police urchase re uired. 20 Alcohol service at the facility shall only be provided by a Police caterer with a valid Alcoholic Beverage Control license. Patrons shall not be allowed to bring their own alcohol to the site. In addition, the sale of alcoholic beverages for consumption off the premises shall be prohibited. 21 No minor under the age of sixteen (16) years shall be allowed Police to attend the dance, unless accompanied by a parent or g uardian. (Section 4.16.060.010 Anaheim Municipal Code) 22 Petitioner shall not share any profits, or pay any percentage Police 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. 23 The use of all pyrotechnical material, special effects and Fire fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. 24 No required parking area shall be fenced or otherwise Code enclosed for outdoor storage. Enforcement 25 No outdoor activities involving gathering of persons shall be Code permitted on -site. Enforcement 26 The applicant shall be responsible for maintaining the area Code adjacent to the premises over which they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris. 27 The banquet facility shall be operated in accordance with the Planning letter of operation submitted as part of this application. Any changes to the business operation as described in the letter shall be subject to review and approval by Planning staff to determine substantial conformance with the letter of operation and to ensure compatibility with the surrounding uses. Hours of operation for banquets shall be Friday through Sunday from 5:30 p.m. to 11:30 p.m., and Monday through Thursday from 10:00 a.m. to 8:00 p.m. for viewing and booking of the facility only. These hours may be modified subject to prior review and approval by Planning Department staff. 28 The property shall be developed substantially in accordance Planning 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. -9- PC2012 -053