Resolution-PC 2003-2• •
RESOLUTION NO. PC2003-2
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04620 BE GRANTED
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:
PARCEL A: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED
AS FOLLOWS:
PARCEL NO. 1, BLOCK B, AS SHOWN ON A MAP FILED IN BOOK 104, PAGE 12 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA
IN THE DEED RECORDED OCTOBER 5, 1998 AS INSTRUMENT NO. 19980672731 OF
OFFICIAL RECORDS.
PARCEL B: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26,
~OWfVSI-~IP 4 SOUTH, RAN~E-1.~ WEST, LN THE. RANCHO SAN JUAN CAJON DE
SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 81, PAGE 32 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 4, 2003 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 that said public hearing was continued to
the November 18 and December 2, 2002, and January 13, 2003 Planning Commission meetings; 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 Section Nos. 18.61.050.020 and 18.61.050.390 to permit a banquet hall facility with
on-premises consumption (but not the sale) of beer and wine with waiver of the following:
Section Nos. 18.06.050.026.0262 - Minimum number of parkinq spaces.
18.06.050.030.031 (251 spaces required; 155 spaces proposed and concurred with by
18.06.080 the City Traffic and Transportation Manager)
and 18.61.066.050
2. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the proposed use than the number of sucF~ spaces necessary to
accommodate all vehicles attributable to such under the normal and reasonably foreseeable conditions of
operation of the use.
CR\PC2003-2.doc -1- PC2003-2
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3. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
4. That the waiver, under the conditions imposed and based upon the conclusions contained in
the submitted parking demand study (as described in paragraphs 16 and 17 of this report), 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 the banquet hall facility and industrial complex under
normal and reasonably foreseeable conditions of operation of such use.
5. That the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon the public streets and adjacent private property in the immediate vicinity of the
proposed use.
6. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for the approved use.
7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties, upon the public streets in the immediate vicinity of the proposed use.
8. That the proposed use, under the conditions imposed, will not adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed to be located.
9. That the size and shape of the site for the proposed use is adequate to allow full
ctevebpment o~#he Proposal-in a rx~an~~K not detrirriental_to.the particular area nor to the peace, health,
safety and general welfare. ~
10. 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.
11. That granting of this conditional 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.
12. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines
and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, 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:
1. That this conditional use permit shall expire one (1) year from the date that the petitioner obtains a
Certificate of Occupancy from the Building Division.
2. That no admission fee or any other type of public entrance fee shall be permitted for this facility.
3. That this facility shall not be open to the general public.
4. That use of promoters shall be prohibited.
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5. That this facility shall only be utilized for wedding receptions, birthday celebrations, banquets, and other
similar special events.
6. That the sale of beer and wine for on or off-aremises consumption shall be prohibited. Furthermore,
that beer and wine consumed on-premises shall be provided by a licensed caterer or purchased and
delivered by the customers who reserve this banquet facility and served by the banquet facility's staff.
7. That no beer and/or wine shall be provided unless served in conjunction with dinner.
8. That the hours of operation shall be limited to 5 p.m. to midnight, Fridays through Sundays.
9. That, as determined by the Fire Prevention Division of the Anaheim Fire Department, a maximum
occupancy of two hundred thirty (230) persons shall be permitted on the premises at any one time. The
maximum occupant load shall be posted in conspicuous place(s) on sign(s) near the main exit from the
room, as approved by the Fire Prevention Division. Said information shall be specifically shown on the
plans submitted for building permits.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
11. Proposed Condition No. 11 was deleted af the Planning Commission public hearing.
12. That at all times when the facility is being utilized, a minimum of three (3) uniformed securitv auards
shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the
part af patrons, and to promate-the safe and orderl-y asserxxibly.and. m.ovement of persons and vehicles.
13. That this business shall not employ nor permit any persons to solicit or 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.
14. That all entertainers and employees shall be clothed in such a way as to not expose `specified
anatomical areas' as described in Section 7.16.060 of the Anaheim Municipal Code.
15. The floor space provided for dancing shall be free of any furniture or partitions, and shall be maintained
in a smooth and safe condition.
16. That there shall be no pool tables or coin-operated amusement devices maintained upon the premises
at any time.
17. That a manager shall be on site at all times while the banquet facility is in operation.
18. That no outdoor uses and/or assembly shall occur on subject property.
19. Thaf there shall be no public telephones on the premises located outside the building.
20. Proposed Condifion No. 20 was deleted at the Planning Commission public hearing.
21. That the proposal shall comply with all signing requirements of the "ML" Limited Industrial Zone unless a
variance allowing sign waivers is approved by the Planning Commission or City Council.
22. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of beer and/or wine.
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23. That due to the change in use and/or occupancy of the existing building, plans shall be submitted to the
Building Division showing compliance with the minimum standards of the Ciry of Anaheim, including the
Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim.
The appropriate permits shall be obtained for any necessary work.
24. That all doors serving the banquet facility shall conform to Uniform Fire Code requirements and shall be
kept closed at all times during operation of the premises except for ingress/egress, deliveries and
emergencies.
25. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the street or adjacent
properties. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division, approval.
26. That this business shall be equipped with an alarm system (silent or audible). Said information shall be
specifically shown on the plans submitted for building permits.
27. That trash storage areas shall be refurbished, including the installation of trash enclosure gates, to the
satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved
plans on file with said Department. Said information shall be specifically shown on the plans submitted
for building permits.
28. 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 oecurre~ce.- - _
29. 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.
30. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 9, 23, 25, 26 and 27, 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.
31. That prior to final building and zoning inspections, Condition Nos. 27 and 29, above-mentioned, shalf be
complied with.
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 applicable 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 13, 2003.
CHAIRP RSON, ANAHEIM CITY PLANNING 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 January 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
_ IN WITNESS WHEREOF, I have hereunto set my hand this o~-~ ~ day of
_ _ _ __ _.
0. u r , 2003.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION