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Resolution-PC 2014-038RESOLUTION NO. PC2014 -038 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2014 -05726 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00011) (1300 EAST GENE AUTRY WAY) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2014 -05726 to permit an accessory banquet hall, to include the consumption of alcoholic beverages, within an existing industrial building (herein referred to as the "Proposed Project ") for certain real property located at 1300 East Gene Autry Way in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 0.75 acres, is developed with an industrial building. The Anaheim General Plan designates the Property for Office -High land uses. The Property is located within the Industrial (I) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2014 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 (Procedures) of the Code, to hear and consider evidence for and against said proposed Conditional Use Permit No. 2014 - 05726, 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 (Class 1 — Existing Facilities) 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 for Conditional Use Permit No. 2014 - 05726, does find and determine the following facts: 1. The request to permit the Proposed Project in the Industrial (I) Zone is properly one for which a conditional use permit is authorized by Section 18.10.030 (Conditionally Permitted Uses) of the Code. - I - PC2014 -038 2. The request to permit the Proposed Project would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is currently developed with an industrial building and a banquet hall is an appropriate accessory use within the warehouse; and 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a warehouse and there is no proposed expansion of the current use; and 4. The traffic generated by the Proposed Project 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 not exceed the anticipated volumes of traffic on the surrounding streets and there is adequate parking on and off -site (through a parking agreement) to accommodate the use; and 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 because the Proposed Project will be compatible with the surrounding industrial uses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014 - 05726, contingent upon and 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 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 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 Code. 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 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. -2- PC2014 -038 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 2, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. " CHAIR, ANAHEIM CITY P COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 June 2, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, PERSAUD, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 2" day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2014 -038 EXHIBIT "A" DEV NO. 2014-00011 I A PN: 083-290-941 Uj Ln 0 Ln E GENE AUTRY WAY 156.5' C14 L6 (N 160,15' : E STANFORD CT E :STA:N FORD CT Source: Recorded Tract Maps and/or City GIS. eye Please note the accuracy is +/- two to five feet, - 4 - PC2014-03 8 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05726 (DEV2014- 00011) - 5 - PC2014 -038 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT WITHIN 64 DAYS OFAPPROVAL OF THE PERMIT 1 An agreement to provide off -site parking on the property to the Planning west, 1250 East Gene Autry Way, shall be entered into by the Department, applicant and the owner of said adjacent property, which shall be Planning Services in a form satisfactory to the City Attorney prior to its execution. Division Once approved by the City Attorney, said agreement shall be City Attorney recorded in the Official Records of the County of Orange and shall remain in full force and effect at all times. 2 A security plan shall be submitted to the Police Department for Police Department review and approval prior to the operation of the banquet facility. Security measures shall 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 created by patrons entering or leaving the premises. 3 All required building permits shall be obtained for all banquet hall Planning improvements inside the building. Department, Building Division 4 The applicant shall prepare and submit to the City Attorney a Planning document acceptable to the City Attorney that provides for Department, termination of that certain Covenant and Agreement, recorded in Planning Services the Official Records of the County of Orange as Instrument No. Division 2013000335194, which restricts the use and occupancy of the existing industrial building. Upon approval of the City Attorney, said document shall be recorded in the Official Records of the County of Orange. 5 Managers and owners shall contact the California Department of Police Department Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) training for themselves and service employees. - 5 - PC2014 -038 -6- PC2014 -038 RESPONSIBLE NO, CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 6 The maximum occupancy of the banquet hall shall be limited to Planning 143 attendees. Department, Code Enforcement Division 7 All security officers provided shall comply with all State and Local Police Department 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). 8 There shall be no cover charge nor minimum purchase required Police Department and the business shall not be operated as a nightclub. 9 The sale of alcoholic beverages for consumption off the premises Police Department shall be prohibited. 10 The doors shall remain closed at all times that entertainment is Police Department permitted, except during times of entry or exit, emergencies and deliveries. 11 No minor under the age of sixteen (16) years shall be allowed to Police Department attend any dance or event, unless accompanied by a parent or guardian. 12 The business shall not employ or permit any persons to solicit or Police Department 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) 13 The floor space provided for dancing shall be free of any furniture or Police Department partitions and maintained in a smooth and safe condition. 14 The business owner /operator shall police the area under their Police Department control in an effort to prevent the loitering of persons about the premises. 15 The business owner /operator shall not share any profits, or pay any Police Department 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. -6- PC2014 -038 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 That subject alcoholic beverage license shall not be exchanged for Police Department a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. This location shall not be operated as a night club. 17 Signs shall be posted in a prominent place at all exits of the Police Department premises, stating "No Open Containers of Alcoholic Beverages Beyond This Point." 18 All employees shall be clothed in such a way as to not expose Police Department "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 19 The hours of operation for the banquet hall shall be limited to Police Department 12 midnight seven days a week. 20 The applicant shall allow all patrons to self park. No valet parking or Police Department charging for parking shall be allowed on the premises, unless a valet parking plan is prepared by the applicant and submitted to, and approved by, the Chief of Police or his authorized representative. 21 The Property shall be permanently maintained in an orderly Planning fashion through the provision of regular landscaping maintenance, Department, Code removal of trash or debris, and removal of graffiti within twenty Enforcement four (24) hours from time of occurrence. Division GENERAL 22 The subject Property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Department, Anaheim by the petitioner and which plans are on file with the Planning Services Planning Department, and as conditioned herein. Division -7- PC2014 -038 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 23 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees ") from Planning Services any and all claims, actions or proceedings brought against Division Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 24 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. - 8 - PC2014 -038