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Resolution-PC 2000-125~ RESOILUTION NO. PC2000-125 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2000-04277 BE GRANTED, IN PART, FOR A PERIOD OF 1 YEAR TO EXPIRE NOVEMBER 6, 2001 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE SOUTH 125 FEET OF THE NORTH 205 FEET OF LOT 5 IN BLOCK B OF TRACT NO. 13, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. LOT 4 IN BLOCK B OF TRACT 13, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 6, 200~ at 1:30 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 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030.010, 18.44.050.010, 18.44.050.030 and 18.55.030 to retain and permit a banquet hall with service, but not sale, of alcoholic beverages for on-premises consumption and with waiver of the following: Section 18.55.041.010(2) - Required lot consolidation. 2. That waiver of required lot consolidation is hereby denied on the basis that the waiver was deleted following public notification. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 4. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting of this conditi~onal use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That no one indicated their presence at the public hearing in opposition to the proposal; that one person spoke in favor; and that no correspondence was received in opposition. Cr4936PK.doc -1- PC2000-125 • ~ CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a banquet hall with service, but not sale, of alcoholic beverages for on-premises consumption and with waiver of required lot consolidation on a irregularly-shaped 1.5 acre property having a frontage of 205 feet on the east side of Brookhurst Street and a maximum depth of 275 feet, being located 492 feet north of the centerline of Orange Avenue, and further described as 420-504 South Brookhurst Street (Seafood Place Restaurant); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered ~the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE It RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, in part, for a period of one (1) year to expire on November 6, 2001, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That this conditional use permit shall ~expire one (1) year from the date of this resolution, on November 6, 2001. That no admission fee or any other type of public entrance fee shall be permitted for this facility. 3. That the sale of alcoholic beverages for on-premises or off-premises consumption shall be prohibited. 4. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 5. That there shall be no pool tables or coin-operated amusement devices maintained upon the premises at any time. 6. That the hours of operation shall be limited to: Sunday to Friday: 10 a.m. to 10 p.m. Saturday: 10 a.m. to 11 p.m. 7. That a manager shall be on-site at all times while the banquet facility is in operation. 8. That at all times when the facility is being utilized, uniformed security shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of patrons, and to promote the safe and orderly assernbly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise generated by patrons entering or leaving the premises. 9. That the door located on the east wall of the building shall be kept closed and inaccessible from the exterior of the building, except in cases of emergency. 10. That the "crash" posts on the north elevation shall be removed and replaced with landscaping and the "crash" posts on the south elevation of the building shall be painted to match the building. 11. That signage shall be limited to existing and approved signs. That window signs, temporary signs and other advertising devises in connection with Special Event Permits shall not be permitted. 12. That twenty four inch (24") box sized broad-headed trees shall be planted in the landscape planters in the parking areas and on the east property line in order to effectively screen this use from adjacent residential properties. -2- PC2000-125 . • 13. That a minimum ten (10) foot landscaped planter shall be installed and maintained adjacent to the new proposed parking area along the east property line. 14. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged or diseased, and/or dies. 15. That an eight (8) foot high block wail shall be installed adjacent to the new proposed parking area on the east property line adjacent to the residential boundary. 16. That an unsubordinated reciprocal access and parking agreement, providing a minimum of fifty two (52) parking spaces for a total of one hundred eighty four (184) spaces for the banquet facility on the property located at 504 South Brookhurst Street, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded agreement shall be submitted to the Zoning Division. 17. That within a period of three (3) months from the date of this resolution, the legal property owner of 420. South Brookhurst Street shall submit a Lot Line Adjustment to merge the three (3) parcels under common ownership. The lot line adjustment shall be submitted to the Public Works Department, Development Services Division, for review and approval by the City Engineer. The lot line adjustment shall be recorded in the Office of the Orange County Recorder within six (6) months from the date of this resolution. 18. That if the new landscaped area exceeds two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. 19. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable to 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 one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. 20. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 21. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. 22. That the existing parking lot shall be resurtaced and maintained in good condition free of trash and debris. 23. That prior to completion of the electrical design, the legal property owner shall provide the City of Anaheim with a public utilities easement for primary lines and transformer. 24. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 25. That roof-mounted equipment shall be completely screened from view from all directions, in compliance with Section 18.44.030.120 of the Anaheim Municipal Code. 26. That valet service shall be provided to patrons of the banquet facility to minimize impacts to the adjacent residents. The valet service shall utilize the parking spaces along the east property line as the "last load" area. -3- PC2000-125 • ~ 27. That this facility shall only be utilized for banquets and wedding receptions. 28. That this use shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels". 29. That no outdoor uses and/or assembly shall occur on subject property. 30. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 31. That within a period of three (3) months from the date of this resolution, Condition Nos. 10, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25 and 30, above-mentioned, shall be complied with. Extensions of further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 32. 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 ap~,plicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 t~lanning Cor~mission meeting of November 6, 2000. ~ l ATTEST: N,~I~AHEIM CITY PLANNING COMMISSION ~Zu~~ ~~9~O~r.,d~ ~ SECRETA Y, ANA 1M CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 6, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2000. ~LOI~~ SECR ARY, AHEIM CITY PLANNING COMMISSION -4- PC2000-125