Resolution-PC 2004-108~ ~
RESOLUTION NO.'PC2004-108
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CO~lD{TlONAL USE PERMIT N0. 2000-04277, AND
` AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2000-125, '
ADOPTED THEREWITH _
' (420-504 SOUTH BROOKHURST STREET)
` WHEREAS, on November 6, 2000, the Anaheim CityPlanning Commission, by
Resolution No. PC2000-125 approved Conditional Use PermitNo. 2000-04277 in part, to permit a banquet hall
with service (but not sales) of alcoholic beverages for on-premises consumption for one year at 420-504 South
Brookhurst Street. On November 19, 2002 the Anaheim City Council, by Resolution No. 2002R-242 approved a
two-year time extension to expire on November,19, 2004; and
WHEREAS, said ResolutionNo. 2002R-242 includes the following condition of approvaL•
"1. That this conditional use permit shal( expire and the use permitted hereunder shall be
terminated on November 19, 2004 °
W HEREAS, this property is currently developed with a restaurant operating as a banquet facility,
the underlying zoning is CG, (BCC) (General Commercial-Brookhurst Commercial CorridorOverlay); the
Anaheim General Plan designates this property for Corridor Residential land uses; and this property is located
within the West Anaheim Commercial Corridors constituent subarea of #he Anaheim Redevelopment Projecf
Area; and is 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 N0. 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 W BOOK 9 PAGE 12 '
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain the
banquet facility and delete the condition of approval pertaining to a time limitation pursuant to Code Section
18.60.180 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on September 20, 2004, 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 18.60, to hear
and consider evidence for and against said proposed amendment 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 use is properly one for which a conditional use permit is authorized by the Zoning
Code.
2. That the use has not adversely affected the adjoining land uses and the growth and
development of the area in which it is located.
3. That the size and shape of the site for the use is adequate to allow full development of the use
in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare.
4. That the traffic generated by the use has'not imposed an undue burden upon the streets and
highways designed and improved to carry the traffic in the area. '
CR\PC2004-108 -T PC2004-108
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5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City ofAnaheim.
6. That this conditional use permit is being exercised in substantially#he same manner and in '
conformance with aII conditions and stipulations originally approved by the Planning Commission.
7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAL QUAGTY ACT FINDING: That the Anaheim City Planning
' p p ' • g q reby find thaf the
Commission has reviewed the ro osa{ to retam an existin ban uet hall; and does he
Negative Declaration previously approved in connection with Conditional Use' Permit No. 2000-04277 is
adequate to serve as the required environmental documentation in connection with this request upon finding
that the declaration reflects the independent judgment of the lead agency and thaf it has considered the
previously approved Negative Declaration together with any comments received during the public review
, process and #urther 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 #hat theAnaheim CityPlanning Commission does :
: hereby amend, in their entirety, incorporate the conditions of Resolution No. PC2000-125, adopted in
connection with,Conditional Use Permit No. 2000-04277, to read as follows:
1. That this conditional use permit shall expire and the use permitted hereunder shall be terminated on
November 19, 2007.
2. 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 estab{ishment shalf not cause noise
disturbance to surrounding properties.
5. That#here shall be no pool tables or coin-operated amusement devices maintained upon the premises at
anytime.
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 assembly 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 signage shall be limited to existing and approved signs. That window signs, temporary signs and
other advertising devices in connection with Special Event Permits shall not be permitted.
11. That a minimum ten (10} foot {andscaped planter shall be installed and maintained adjacent to the `
proposed parking area along the east property line.
12. That any tree planted o~-site shall be replaced in a timely manner in the event that it is removed,
damaged or diseased, and/or dies.
13. This condition was deleted at the public hearing.
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14. 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, shall be maintained to serve the parking needs of the property. '
15. 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
identifiableto 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) foo4 centers, or tall shrubbery.
16. 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
17. , That an on-site trash #ruck turn-around area shall be maintained in compliance with Engineering Standard
Detail No. 610 and maintained to the satisfaction' of,the Streets and Sanitation Division.
18. That the existing parking lot shall be maintained in good condition'.firee of trash and debris.
19. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removaf of graffiti within twenty four (24) hours
from time of occurrence.
20. That any new roof-mounted equipment shall be completely screened from view from a{{ directions, in
compliance with Section 18.38.170 of the Anaheim Municipal Code.
21. 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.
22. That this facility shall only be utilized for banquets and wedding receptions.
23. That this use shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels".
24, That no outdoor uses and/or assembly shall occur on subject property.
25. That Code Enforcement shall inspect the property on a semi-annual basis for the period of three (3) years.
Said inspections shall be paid for by the property owner.
26. 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.
26. That within ninety (90) days from the date of this resolution, the bui~ding shall be refurbished as
necessary, including paint and repairing the torn awning, or plans shall be submitted indicating proposed
renovations to the building.
27. 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 applicabie 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 dec{ared
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
September 20, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal proced res and may be replaced by a City Council
Resolution in the event of an appeal.
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CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST•
SENIOR SECRETARY, ANAHEIM CITYPLANNWG COMMISSION
STA7E OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim City Plann.ing Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on September 20, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~S~ day of ,
2004.
ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION