Resolution-PC 2005-87~ •
RESOLUTION NO. PC2005-87 '
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONALUSE PERMIT NO. 2005-04981 BE GRANTED
' WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
UsePermit for certain real property situated in the Cityof Anaheim, County of Orange, State of California,
described as
PARCEL 1; AS SHOWN ON A MAP FILED IN BOOK 131, PAGES 1 AND 2 OF
PARCEL MAPS, W THE OFFICE ,OF THE COUNTY_RECORDER OF ORANGE
COUNTY, CALIFORNIA.
EXCEPTING THEREFROM ALL WATER RIGHTS, CLAIMS OR TITLE TO WATER,
WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. '
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED W PARCEL NO. -
200434-1 !N THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. 771 150, A CERTIFIED COPY OF WHICH WAS RECORDED
' AUGUST 6, 1998 AS INSTRUMENT N0. 19980511583 OF OFFICIAL RECORDS OF
SA1D ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 1, 2005, at 2:00 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
"Procedures", 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 use is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section18.08.030.040.0402 to permit a banquet hall with the on-premises sales and
consumption of alcoholic beverages with waiver of the following:
SECTIONS 18.42.040 Minimum number of parkinq spaces.
AND 18.08A70 720 required; 494 existing and proposed and
recommended by the Traffic and Transportation
Manager)
2. That the parking study indicates that peak parking demand for off-street parking spaces is
substantially lower than the quantity provided for the uses on the site.
3. That the proposed project will not increase or compete for on-street parking because its
parking lot has more than adequate parking to accommodate both the center and the proposed banquet
facility's peak parking demands.
4. That the parking study indicates the business campus parking lot is physically separated
from other adjacent development. Furthermore, there is no reason to encroach into other parking facilities
because the campus's parking lot provides ample parking as indicated in the parking analysis.
5. That the project wi{I not cause increased traffic congestion within off-street parking areas of
the site because, based on the applicant's parking study, the supply of parking spaces is almost double the
anticipated project peak parking demand:
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6. That the business campus isphysically separated from the adjacent private properties.
Therefore, there wiil be no impeding of the traffic access into or out of adjacent parking lots.
7. That the banquet hall with on-premises sales and consumption of alcoholic beverages as
conditioned herein and with the operational restrictions stipulated by the applicant including security,
adequate )ighting and compliance with State alcoholic beverage regulations will not adversely affect the
adjoining land uses or the growth and development of the area in which it is proposed to belocated;
8. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety provided that security is employed to deter any unlawful conduct and to prevent disturbance to
adjacent land uses; _
9: 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; and
10. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
11. That one person indicated their presence at said public hearing in opposition pertaining to
potential parking issues; and that no correspondence was received in opposition tothe subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit a banquet hall with on-premises sales and consumption of
alcoholic beverages with wavier of minimum number of parking spaces; and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency
and that it has considered the Negative Declaration together with any comments received during the public
review process and fiurther 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 lT RESOLVED that the Anaheim 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 two (2) years from the date of this resolution, on June 1,
2007.
2. That a valid business license shall be obtained from the City of Anaheim, Business License Division.
3. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence.
4. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead.
5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. '
6. That any proposed roof-mounted equipment shall be screened from view in accordance with the
requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the GG (General
Commercial} Zone.
7. That any required relocation of City electrical facilities shall be at the property owner's expense.
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8. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonments of existing water services and fire lines,'shall be coordinated through the Water
Engineering Division of the Anaheim Public Utiiities Department:
9. That final sign plans shall be submitted to the Planning Services Division for review and approval as to
number, size, placement, design and materials. Any decision by staff maybe appealed'to the
Planning Commission as a"Reports and Recommendations" item.
10. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department, Community Services
Division approvaL :
11. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department 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 from adjacent streets. The
walls of the storage areas shall be protected from 'graffiti opportunities by the use of plant materials
such as minimum one-gallon size clinging vines pfanted on maximum three-foot centers or tall
' shrubbery. Said information shall be specifically shown on the plans submitted for Streets and
Sanitation Division approval.
' 12. Thaf the project shall provide for truck deliveries on-site. Such information shall be specifically shown
on ptans submitted for Planning Services Division approvaL
13. That adequate lighting of parking lots, driveways, circulation areas, aisles, passageways, recesses and
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 all persons, property, and
vehicles on-site. Said lighting shall be decorative and complementary to the architecture of the
building. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division approvaL
14. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department. In addition, the operator shall provide the Community
Services Division with a contact name and phone number in the event a complaint is received.
15. That the permitted events and activities shall not create sound levels which violate any ordinance of '
the City of Anaheim.
16. That at all times during assembly, security measures provided shall be adequate to deter unlawful
conduct on the part of employees or patrons, or to promote the safe and orderly assembly and
movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise
created by patrons entering or teaving the premises. The security measures implemented for each
event, including the number of security guards shall be subject to review and approval by the Police
Department.
17. That 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.
18. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
19. That the number of persons attending the event shalf not exceed the maximum occupancy load as
determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a
conspicuous place on an approved sign near the main exit from the room.
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20. ' That the doors shall remain closed but unlocked at all times that entertainment is permitted, except
during times of entry or exit, emergencies and deliveries.
21. That all 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.
22. That no minor under the age of sixteen (16) years shall be allowed, unless accompanied by a parent or
guardian.
23. That the business shall not employ or 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.
24. That there shall be at least one meal of a substantial nature in conjunction with an event as described
in Section 4.16.050.030 of the Anaheim Municipal Code.
25. That the floor space provided for dancing shall be free of any furniture or partitions and maintained in a
smooth and safe condition.
26. That there shall be no amusement machines, video game devices, or pool tables maintained upon the
premises.
27. That no "happy hour" type of reduced price alcoholic beverage promotion shall be permitted.
28. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises
under the control of the licensee(s).
29. That there shall be no admission fee, cover charge nor minimum purchase required for admittance.
30. That the applicant(s) shall ensure that on-site security police the area under their control in an effort to
prevent the loitering of persons about the premises.
31. That the applicant shall not share any profits, or pay 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.
32. That the hours of operation shall be limited to 5 p.m. to 12 a.m. (midnight) Friday through Sunday.
33. That if a Type 47 Alcoholic Beverage License is applied for, the applicant shall comply with the ABC
(Alcoholic Beverage Control) requirements precedent to obtaining said license, including but not limited
to installation of mandatory kitchen facilities. Such information shall be specifically shown on plans for
Planning Services Division approvaL
34. That subject property shall be developed and maintained 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.
35. That prior to the commencement of this activity or the issuance of building permits, whichever occurs
first, Condition Nos. 2, 6, 8, 9, 10, 11, 12, 13, 14, 33 and 34, above mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
36. That this use shall not operate as a public dance hall as defined in the Anaheim Municipal Code unless
the applicant obtains the appropriate permits from the City of Anaheim.
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PC2005-87
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanf'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 judgmenf 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
June 1, 2005. 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
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CHAIRMAN, ANAHEIM LANNING CO
ATTEST:
~.~~'~ ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 1, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~S ~~' day of
~~v v.e. , 2005.
.
it~~'~'`~"
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION