Resolution-PC 2019-049RESOLUTION NO. PC2019-049
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM AMENDING
CONDITIONAL USE PERMIT NO. 2014-05734 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2019-00019)
(401 NORTH ANAHEIM BOULEVARD)
WHEREAS, on June 30, 2014, and subject to certain conditions of approval, the Planning
Commission of the City of Anaheim (herein referred to as the "Planning Commission"), by
Resolution No. PC2014-054, approved Conditional Use Permit No. 2014-05734 to permit a
banquet hall within an existing commercial building, to include the on-site consumption of
alcoholic beverages (herein referred to as the "Original CUP") for that certain real property located
at 401 North Anaheim Boulevard in the City of Anaheim; and
WHEREAS, the conditions of approval which were the subject of the Original CUP and
the Previous Amendments shall be referred to herein as the "Previous Conditions of Approval";
and
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition for an amendment of the Original CUP (Conditional Use Permit No.
2014-05734B) to permit a covered outdoor patio with a modified setback for an existing banquet
hall within a commercial building on that certain real property located at 401 North Anaheim
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, Conditional Use Permit No. 2014-05734B is proposed in conjunction with (i)
Zoning Code Amendment No. 2019-00167 to modify Chapter 18.32 (Mixed Use Overlay Zone)
of Title 18 (Zoning) of the Anaheim Municipal Code to allow banquet halls in the Mixed Use
Overlay zone subject to the approval of a conditional use permit; and (ii) Reclassification No.
2019-00327 to add the Mixed Use (MU) Overlay Zone to the property's existing "C -G" General
Commercial, "T" Transition, and "RM -4" Multiple -Family Residential zoning. Zoning Code
Amendment No. 2019-00167, Reclassification No. 2019-00327, and Conditional Use Permit No.
2014-05734B shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, banquet hall land uses within the Mixed Use Overlay Zone are subject to the
approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of
Section 18.32.030 (Uses), contingent upon approval of Zoning Code Amendment No. 2019-00167
and Reclassification No. 2019-00327. Pursuant to subsection .020 of Section 18.32.160
(Residential Planned Unit Development), the minimum setbacks set forth in Section 18.32.070 of
Chapter 18.32 (Mixed Use Overlay Zone) may be modified in order to promote increased
pedestrian activity, provide for a unified street frontage, ensure privacy and light for residential
uses, provide for public spaces, and promote compatibility with existing development.
If approved, Conditional Use Permit No. 2014-05734B will permit the reduction in street setbacks
of the Mixed Use Overlay Zone; and
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WHEREAS, the Property is approximately 1.59 acres in size and is developed with a 9,136
square foot, 2 -story commercial building. The Property is located in the "C -G" General
Commercial, T" Transition, and "RM -4" Multiple -Family Residential zones and is, therefore,
subject to the zoning and development standards described in Chapters 18.06 (Multiple -Family
Residential zones), 18.08 (Commercial zones), and 18.14 (Public and Special Purpose zones) of
the Code. The Land Use Element of the Anaheim General Plan designates the Property for Mixed
Use High land uses; and
WHEREAS, on December 9, 2019, the Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim, notice of said public hearing having been duly given 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. 2014-05734B, and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the
proposed project are typical of those generated within that class of projects (i.e., Class 1 — Existing
Facilities) which consist additions to existing structures provided that the addition will not result
in an increase of more than 10,000 square feet if the project is in an area where all public services
and facilities are available to allow for maximum development permissible in the General Plan,
and that 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 the area in which the project is located is not environmentally
sensitive, and pursuant to Section 15060(c)(2) in that the activity will not result in a direct or
reasonably foreseeable indirect change in the environment; and that, therefore, the project is
statutorily 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. 2014-05734B, does find and
determine the following facts:
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, subject to the
approval of Zoning Code Amendment No. 2019-00167 and Reclassification No. 2019-00327, now
pending.
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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, a 10:00 p.m. limit on the hours of operation of
the outdoor patio, and a limitation on types of amplified sound.
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 building height, landscaping, and parking, and provides a sufficient setback from Adele
Street.
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, with the
exception of the modified setback from Adele Street.
5. The granting of Conditional Use Permit No. 2014-05734B 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. 2014-05734B at the Property, contingent upon and subject
to: (1) the adoption by the City Council of an ordinance approving (i) Zoning Code Amendment
No. 2019-00167 and (ii) Reclassification No. 2019-00327, all of which entitlements are now
pending; 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.
BE IT FURTHER RESOLVED that Conditional Use Permit No. 2014-05734B is approved
without limitations on the duration of the use. Amendments, modifications and revocations of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval)
and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
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BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2014-05734B
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 9, 2019. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
rC
CHAIIGTRSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 December 9, 2019, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, LIEBERMAN, MULLEADY,
VADODARIA, WHITE
NOES: COMMISSIONERS: KEYS, MEEKS
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 91" day of December, 2019.
A
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN; 035-101-09
035-101-14
035-101-15
035-101-16
035-101-17
EXHIBIT "'A"
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05734B
(DEV2019-00019)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
The property owner shall irrevocably offer to dedicate in a signed deed
Public Works
to the City of Anaheim, i) an easement 53 -feet in width from the
Department,
centerline of Anaheim Boulevard, with an exclusion for the footprint
Development
any existing permanent structures; ii) an easement 30 -feet in width
Services Division
from the centerline of Adele Street, with an exclusion for the footprint
of any existing permanent structures; and iii) the corner cutback at
Anaheim Blvd. and Adele Street with an exclusion for the footprint of
any existing permanent structures; for road, public utilities, and other
public purposes.
2
The developer shall obtain a right of way construction permit and post
Public Works
a security for construction of all required public improvements within
Department,
street right of way.
Development
Services Division
3
The legal property owner shall submit a Lot Line Adjustment to Public
Public Works
Works, Development Services for review and approval to modify or
Department,
merge the existing lots into one parcel. The Lot Line Adjustment and
Development
Conformance Deed shall be recorded prior to issuance of a building
Services Division
permit.
4
Provide a certificate, from a Registered Civil Engineer, certifying that
Public Works
the finished grading has been completed in accordance with the City
Department,
approved grading plan.
Development
Services Division
5
All requests for new water services, backflow equipment, or fire lines,
Public Utilities Water
as well as any modifications, relocations, or abandonments of existing
Engineering
water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
6
All existing water services and fire services shall conform to current
Public Utilities Water
Water Services Standards Specifications. Any water service and/or
Engineering
fire line that does not meet current standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no
longer needed. The Owner/Developer shall be responsible for the
costs to upgrade or to abandon any water service or fire line.
7
The existing domestic backflow prevention device on the 2 -inch water
Public Utilities Water
meter serving the property is substandard (i.e. not lead free) and must
Engineering
be replaced per Public Utilities Department Water Engineering
Division requirements.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO FINAL PLANNING AND BUILDING INSPECTIONS
8
An automatic fire sprinkler system shall be designed, installed and
Fire Department
maintained in all structures as required by the Fire Department per
NFPA-13.
OPERATIONAL CONDITIONS
9
The activities occurring in conjunction with the operation of this
Police Department
establishment shall not cause noise disturbance to surrounding
properties.
10
An admission fee for food service in conjunction with banquet events
Police Department
shall be permitted. An admission fee or a cover charge for nightclub
purposes shall not be permitted.
11
A requirement to purchase a minimum number of drinks shall not be
Police Department
permitted.
12
The sale of alcoholic beverages for consumption off the premises shall
Police Department
be prohibited.
13
The occupancy shall not exceed the lesser of (i) the occupancy limit
Police Department,
for the premises established by the Anaheim Fire Department or (ii)
Fire Department
an occupancy limit established as a condition of the permit approved
pursuant to this chapter, or any zone variance issued pursuant to Title
18 of this Code. Signs indicating the occupant load shall be posted in
a conspicuous place on an approved sign near the main exit(s) from
the room(s).
14
The rear doors, adjacent to the parking lot area, shall remain closed at
Police Department
all times when entertainment is permitted, except for emergency
exiting and delivery purposes.
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 floor space provided for dancing shall be free of any furniture or
Police Department
partitions and maintained in a smooth and safe condition.
17
The managers and/or owners shall police the area under their control
Police Department
in an effort to prevent the loitering of persons about the premises.
18
Subject alcoholic beverage license shall not be exchanged for a public
Police Department
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.
19
Individual signs shall be posted inside the banquet hall near the exit
Police Department
doors stating "No alcohol allowed past this point". 1
11
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
20
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.
21
The managers and/or owners shall allow all patrons to self park. Valet
Police Department
parking at no charge to the patrons shall be allowed on the premises,
provided that a valet parking plan is submitted to, and approved by, the
Chief of Police or his/her authorized representative.
22
A maximum of four outdoor events shall be permitted within the
Planning Department,
parking lot area per calendar year. A Special Event Permit shall be
Planning Services
obtained from the Planning Department prior to the commencement
Division
of each outdoor event to ensure that sufficient on-site parking is
provided and noise disturbances do not adversely affect surrounding
properties.
23
Whenever a banquet or event is being held, security personnel shall be
Police Department
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.
24
Adequate lighting of parking lots, passageways, recesses, and grounds
Police Department
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 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.
25
The permitted event or activity shall not create sound levels which
Police Department
violate any ordinance of the City of Anaheim.
26
Security measures shall be provided to the satisfaction of the Anaheim
Police Department
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.
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.
27
The operation of any business under this pen -nit shall not be in
Police Department
violation of any provision of the Anaheim Municipal Code, State or
County laws or ordinances.
28
There shall be only one event allowed at the facility at one time. No
Police Department
separate indoor and outdoor events allowed.
29
The business shall not be operated in such a way as to be detrimental
Police Department
to the public health, safety or welfare.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
30
No minor under the age of sixteen (16) years shall be allowed to attend
Police Department
the dance or event, unless accompanied by a parent or guardian.
31
Petitioner shall not share any profits, or pay any percentage or
Police Department
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.
32
That subject alcoholic beverage license shall not be exchanged for a
Police Department
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.
33
The hours of operation for the inside banquet facility shall be limited
Police Department
to 12 midnight each day of the week. Employees shall be allowed to
clean-up the facility no later than 1:00 a.m. The outdoor patio must
close to all patrons by 10:00 p.m. Patrons will need to move inside at
that time. Amplified sound may occur in the patio area until 8:00 p.m.
Only non-amplified music in the patio area (piano, acoustic guitar,
harp, violin, etc.) may occur past 8:00 p.m. and must end by 9:30 p.m.
34
Individual signs shall be posted inside the banquet hall near the exit
Police Department
doors stating "No alcohol allowed past this point."
35
Managers/Owners need to contact the Department of Alcoholic
Police Department
Beverage Control and obtain LEAD (Licensee Education on Alcohol
and Drugs Program) or a similar certificate training program for
themselves and service employees.
36
This business shall not be operated as a nightclub or bar.
Police Department
37
There shall be no entertainment, amplified music, loitering, or dancing
Police Department
permitted outside of the building. Any entertainment shall not be
allowed on the premises unless the business owner first obtains an
Entertainment Permit.
38
Trash storage areas shall be provided and maintained in a location
Public Works
acceptable to the Public Works Department, Streets and Sanitation
Department, Streets
Division and in accordance with approved plans on file with said
and Sanitation
Department. Said storage areas shall be designed, located and screened
Division
so as not to be readily identifiable from adjacent streets or highways.
The walls of the storage areas shall be protected from graffiti
opportunities by the use of plant materials such as minimum 1-gallon
size clinging vines planted on maximum 3-foot centers or tall shrubbery.
Said information shall be specifically shown on the plans submitted for
building permits.
39
No required parking area shall be fenced-off or otherwise enclosed for
Planning Department,
outdoor storage uses.
Code Enforcement
Division
40
The managers and/or owners shall be responsible for maintaining the
Planning Department,
area adjacent to the premises over which they have control, in an
Code Enforcement
orderly fashion through the provision of regular maintenance and
Division
removal of trash or debris. Any graffiti painted or marked upon the
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
premises or on any adjacent area under the control of the licensee shall
be removed or painted over within 24 hours of being applied.
41
Gates shall not be installed across any driveway in a manner which
Public Works
may adversely affect vehicular traffic in the adjacent public streets.
Department, Traffic
Installation of any gates shall be subject to the review and approval of
Division
the City Traffic and Transportation Manager.
42
Ongoing during project operations, vehicle deliveries including
Public Works
loading and unloading shall be performed on-site. Deliveries shall not
Department, Traffic
take place on any part of the public right of way.
Division
43
Trash shall not be emptied into outside trash containers between the
Planning Department,
hours of 10 p.m. to 7 a.m. daily.
Code Enforcement
Division
44
The maximum occupancy shall be 282 patrons based on the proposed
Planning Department,
119 parking spaces and 25 employees, pursuant to Municipal Code
Planning Services
parking standards. The maximum number of patrons may be modified
Division
by the Planning and Building Director, subject to compliance with the
applicable Municipal Code standards.
GENERAL CONDITIONS
45
The Applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
Division
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.
46
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees") from any and all
Division
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.
47
The property shall be developed substantially in accordance with plans
Planning Department,
and specifications submitted to the City of Anaheim by the applicant
Planning Services
and which plans are on file with the Planning Department and as
Division
conditioned herein.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
48
This permit shall be subject to a six (6) month review by the Planning
Planning Department,
Commission, commencing from the date of occupancy. Planning
Planning Services
Department staff will report back to the Planning Commission as a
Division
"Reports and Recommendations" (R&R) item in order to verify that
the outdoor patio is operating without negative impacts to the
surrounding neighborhood. The applicant shall pay for the cost of
processing this R&R item. Future compliance reviews may be
required if significant violations are identified in the future or if
required by the Planning Commission.
49
Any new landscaping shall be installed in conformance with Chapter
Planning Department,
18.46 "Landscape and Screening" of the Anaheim Municipal Code
Planning Services
and shall be maintained in perpetuity. All landscaping shall be
Division
replaced in a timely manner in the event that it is removed, damaged,
diseased and/or dead.
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