Resolution-PC 2017-026RESOLUTION NO. PC2017-026
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2016-05889 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00107)
(407 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition for Conditional Use Permit No. 2016-05889 to permit a banquet
hall within an existing commercial building, to include the on-site sale and consumption of
alcoholic beverages (herein referred to as the "Proposed Project") on that certain real property
located at 407 South State College Boulevard in the City of Anaheim, as generally depicted on
the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"),
pursuant to Section 18.60.090 of the Anaheim Municipal Code ("Code"); and
WHEREAS, the Property is approximately 0.61- acres in size and is developed with a
4,300 square foot, 1 -story commercial building. The Property is located in the C -G (General
Commercial) zone and is, therefore, subject to the zoning and development standards described
in Chapter 18.08 (Commercial zones) of the Code. The Land Use Element of the Anaheim
General Plan designates the Property for Office -Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 6, 2017 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 proposed Conditional
Use Permit No. 2016-05889, 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 pertaining to the request for Conditional Use Permit No. 2016-05889, does find and
determine the following facts:
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1. The request to permit the Proposed Project is properly one for which a conditional use
permit is authorized under subsection .010 of Section 18.08.030.010 of the Code.
2. The proposed conditional use permit to permit the Proposed Project, under the
conditions imposed, would not adversely affect the adjoining land uses and the growth and
development of the area because the conditions of approval contained herein will mitigate any
potential impacts to surrounding residential properties. These conditions require, among other
things, Police Department review of proposed security measures, limitations on the hours of
operation, restricted use of the outdoor patio for any reason including smoking, requiring that
doors remain closed when entertainment is provided, and prohibiting loitering and alcohol
consumption outside the facility during banquet events.
3. The size and shape of the site for the Proposed Project is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area or
health and safety because the Proposed Project has been designed to comply with all Code
requirements, including setbacks, building height, signs, landscaping, and parking.
4. The size and shape of the site for the Proposed Project is adequate to allow the full
development of the proposed project in a manner not detrimental to either the particular area nor
to the health, safety and general welfare of the public because the Proposed Project complies
with all applicable development standards, including the required number of parking spaces.
5. The granting of Conditional Use Permit No. 2016-05889 under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim and will
provide an integrated land use that is compatible with the surrounding area.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 2016-05889 at the Property, 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, (ii)
the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 6, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on March 6, 2017, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March, 2017.
v�
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00107
APN: 037-222-37
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05889
(DEV2016-00107)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The activities occurring in conjunction with the operation of this
Police Department
establishment shall not cause noise disturbance to surrounding
properties.
2
Within 60 days of the date of this approval, a security plan shall be
Police Department
submitted to the Police Department for review and approval prior
to the operation of any business at this location.
3
Within 60 days of the date of this approval, the managers and/or
Police Department
owners shall call the Department of Alcoholic Beverage Control
and obtain LEAD (Licensee Education on Alcohol and Drugs
Program) Training for themselves and service employees. The
contact number is 714-558-4101.
4
Security measures shall be provided to the satisfaction of the
Police Department
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 created by patrons entering
or leaving the premises.
5
An admission fee for food service in conjunction with banquet
Police Department
events shall be permitted. An admission fee/cover charge for
nightclub purposes shall not be permitted.
6
There shall be no exterior advertising of any kind or type,
Police Department
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
7
The number of persons shall not exceed the maximum occupancy
Police Department,
load as determined by the Anaheim Fire Department. Signs
Fire Department
indication 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)
8
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
Parking lots, driveways, circulation areas, aisles, passageways,
Police Department
recesses and grounds contiguous to buildings, shall be provided
with enough lighting to illuminate and 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 onsite.
10
There shall be licensed security at all events. At the conclusion of
Police Department
all events, security shall assist in escorting patrons out to the
parking lot in an orderly and quiet manner.
11
The door(s) shall be kept closed at all times during the operation
Police Department
of the premises except in cases of emergency. Said door(s) not to
consist solely of a screen or ventilated security door.
12
The Petitioner(s) shall post and maintain a professional quality
Police Department
sign facing the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block
lettering. The sign shall be in English and Spanish.
13
The sale of alcoholic beverages for consumption off the premises
Police Department
shall be prohibited.
14
No minor under the age of sixteen (16) years shall be allowed to
Police Department
attend any banquet event, unless accompanied by a parent or
guardian.
15
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.
16
The petitioner(s) shall be responsible for maintaining free of litter
Planning
the area adjacent to the premises over which they have control.
Department,
Code Enforcement
Division
17
The floor space provided for dancing shall be free of any furniture
Police Department
or partitions and maintained in a smooth and safe condition.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
18
The managers and/or owners shall police the area under their
Police Department
control in an effort to prevent the loitering of persons about the
premises.
19
The managers and/or owners shall not share any profits, or pay
Police Department
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.
20
Events shall conclude by 10:00 p.m. Sunday through Thursday
Police Department
and 12:00 midnight Friday and Saturday.
21
Individual signs shall be posted inside the banquet hall near the
Police Department
exit doors stating "No alcohol allowed past this point".
22
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.
23
There shall be no valet parking allowed. Guests are required to
Police Department
self -park. If in the event the Conditional Use Permit is to be
& Public Works,
amended to request Valet parking, valet shall not be operated on
Traffic
the site without a Valet Operations Plan which has been reviewed
Engineering
and approved by Traffic Engineering.
Division
24
Employees shall park in stalls closest to State College Boulevard
Planning
so they do not disturb the residential area behind the location.
Department,
Code Enforcement
Division
25
This business shall not be operated as a nightclub or bar.
Police Department
26
Whenever a banquet or event is being held, security personnel
Police Department
shall be present both inside and outside the business, roaming the
parking lot, to prevent loitering of persons about the premises, and
to ensure that noise levels remain low and do not disturb the
nearby residential neighborhood.
27
Adequate lighting of parking lots, passageways, recesses, and
Police Department
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
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
all person, property, and vehicles on-site. All exterior doors shall
have their own light source, which shall adequately illuminate
door areas at all hours to make clearly visible the presence of any
person on or about the premises and provide adequate illumination
for persons exiting the building.
28
The maximum occupancy of the banquet hall shall be limited to
Planning &
200 attendees.
Building
Department,
Code Enforcement
Division
29
There shall be no entertainment, amplified music, loitering, or
Police Department
dancing permitted outside of the building. Any entertainment
shall not be allowed on the premises unless the business owner
first obtains an Entertainment Permit.
30
The business must obtain an Alcoholic Beverage Control license
Police Department
from the Department of Alcoholic Beverage Control or use a
Caterer with an ABC license to serve alcohol. Guests are not
allowed to supply their own alcohol.
31
No required parking area shall be fenced -off or otherwise enclosed
Planning
for outdoor storage uses.
Department,
Code Enforcement
Division
32
The managers and/or owners shall be responsible for maintaining
Planning &
the area adjacent to the premises over which they have control, in
Building, Code
an orderly fashion through the provision of regular maintenance
Enforcement
and removal of trash or debris. Any graffiti painted or marked
Division
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.
33
Trash shall not be emptied into outside trash containers between
Planning &
the hours of 10:00 p.m. to 7:00 a.m. daily.
Building,
Code Enforcement
Division
34
The outdoor patio is to be used for smoking only. No alcohol or
Police Department
food shall be allowed in the patio area. Signs stating "No alcohol
beyond this point" shall be posted at all exit doors. Patrons are not
allowed in the patio area after 10:00 p.m. each night.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
GENERAL CONDITIONS
35
The Applicant is responsible for paying all charges related to the
Planning &
processing of this discretionary case application within 30 days of
Building, Planning
the issuance of the final invoice or prior to the issuance of building
Services Division
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
36
The Applicant shall defend, indemnify, and hold harmless the City
Planning &
and its officials, officers, employees and agents (collectively
Building, Planning
referred to individually and collectively as "Indemnitees") from
Services Division
any and all claims, actions or proceedings brought against
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.
37
The property shall be developed substantially in accordance with
Planning &
plans and specifications submitted to the City of Anaheim by the
Building,
applicant and which plans are on file with the Planning
planning Services
Department and as conditioned herein.
Division
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