Resolution-PC 2007-80• •
RESOLUTION NO. PC2007-80
A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2007-05222 BE GRANTED
(2210-2220 EAST ORANGEWOOD AVENUE and 2130 and 2231 DUPONT CIRCLE)
WHEREAS, the Anaheim `City Planning Commission did receive a verified petition for (i)
General Plan Amendment No. 2006-00445 to amend the Land Use Element of the General Plan to increase
the maximum office square footage permitted in The Platinum Triangie and to remove the maximum floor
area ratio (FAR) in The Platinum Triangle Mixed Use (PTMU) Overlay Zone, Orangewood District, (ii)
Miscellaneous Case No: 2007-00202 to amend The Platinum Triangle Master Land Use Plan to establish the
g (.. ) 9
Oran ewood District, ui Zonin Code Amendment No: 2007-00057 to amend the Platinum Triangle Mixed
Use (PTMU) OverlayZone (Chapter 18:20 of the Anaheim Municipal Code) to establish the Orangewood
District, (iv) ConditionalUse Permit No. 2007-05222, (v) Reclassification No: 2007-00207to reclassifythe
subject property from the I(Industrial) Zone to the I(PTMU Overlay) (Industrial - Platinum Triangle Mixed
Use Overlay) Zone and rescind, in part; the previously-approved Resolution No. 2004-180 to reclassify the '
Property from the l`(Industrial) to the 0=H (High Intensity Office) Zone, and (vi) approve and adopt
Development Agreement No. 2007-00001; and
WHEREAS, thePlatinum Triangle Mixed Use (PTMU}Overlay Zone, Chapter 18.20 of the
Anaheim Municipal Code, allows building heights oyer 100 feet subjecf to the approval of a conditional Use
permit; and
WHEREAS, the Conditional Use Permit, if approved, would permit a building height over 100
feet, up to 311 feet, for a proposed 20-story office building and to permit the sales of alcoholic beverages in a
proposed restaurant for certain real property situated in The Pfatinum Triangle area of the Gity of Anaheim,
County of Orange, State of California, described as:
PARCEL 15, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 34 OF PARCEL MAPS,
RECORDS OF ORANGE COUNTY.
APN: 083-272-02
PARCELS 14 ANp 16, AS SHOWN ON A MAP FILED BOOK 30, PAGE 34 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 083-272-01 and 083-272-07
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 23, 2007 at 2:30 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
"Procedures", to hear and consider evidence for and against said proposed conditionaf 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 311-foot structural height and the sales of alcoholic beverages in '
conjunction with a proposed restaurant is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.20.050.
2. That the proposed structural height and use will not adversely affect the adjoining land uses
or the growth and development of the area in which it is proposed to be located. A shade and shadowplan
demonstrates that the previously-approved residential project across Orangewood Avenue would only be
Cr\PC2007-80 -1- PC2007-80 '
. ~
impacted during the winter months, but any one unit would not be impacted more than 50°!0 of the day, and
would comply with' required mitigation for the project. '
3. That the size and shape of the site proposed for the use is adequate to ailow the full
development of the proposed use in a manner not detrimental to the particular area or to health and`safety.
4. 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 as the proposed project has been
analyzed in a Traffic Impact Analysis dated September 2006, reviewed and approved by the City Traffic and
Transportation Manager and that the required infrastructure improvements along the`adjacent streets wiN be
constructed in connection`with the project.
5. That sales of alcoholic beverages in a proposed restaurant is properly one for which a
conditional'use permit is authorized by Anaheim Municipal Code Section No. 18.20.030.040.0402. :
6. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safetyof the citizens of the City of Anaheim.
7. ` That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition. A person spoke about issues and a person',
spoke with concerns pertaining to the:subject request; and a letter of concern was received. `
CALI~ORNIA ENVIRONMENTAL QUALITY ACT FI^ ND1NG: .That the Anaheirn Planning
Commission has reviewed Conditional Use Permit No: 2007-05222 - to permit a building height between 100
and 311 feet for a proposed 20-story office building and to.permit the sales of alcoholic beverages in a
proposed restauranf and, by its motion, did find and determine and recommend that the City Council find and
determine, pursuant to the provisions of the California Environmental Quality Act ('`CEQA"), and based upon
its independent review and consideration of an Initial Study/Addendum conducted pursuant to CEQA for
Conditional Use Permit No. 2007-05222, and the requirements of CEQA, including Section 21166 of the'
California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at
the public hearing, that previously-certified FSEIR No. 332 and the Third Addendum to FSEIR 332, together
with the Updated and Modified'Mitigation Monitoring Program Na 106A for 7he Platinum Triangle, and
Mitigation Monitoring Plan No. 145, are adequate to serve as the required environmental documentation for
Conditional Use Permit No. 2007-05222 and satisfy all of the requirements of CEQA, and that no fur~her
environmental documentation need be prepared for said Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which arehereby
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 plans shall indicate compliance with a maximum building height of 311 feet as identified in Exhibit
Nos. 1 through 31 of Final Site Plan No. 2007-00005 and Development Agreement No. 2007-00001.
General Conditions:
2. That the property owner/developer shall be responsible for compliance with all initigation measures
within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring
Plan No. 145 as established by the City of Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation ofi those identified mitigation measures. `
3. That subject property sha11 be developed substantially in accordance with Development Agreement No.
2007=00001, and as conditioned herein.
-2- , PC2007-80
• •
4. That this conditional use permit pertaining to maximum structural height shall be valid for a period of time
coinciding with the timing set forth in Development Agreement No. 2007-00001 which provides for
development of #his project within five {5),years from the adoption date of'Development Agreement No.
2007-00001.
5. That subject property shail be developed substantiaily in accordance with Development Agreement Na
2007-00001, and as conditioned herein.
Alcoholic Beverapes
6. That at all times when the premise is open for business, thepremise shall be maintained as a bona fide
restaurant and sha11 provide a menu containing an assortment of foods normally offiered in such
restaurant. ,
7. That the applicant shall not share any profits, or pay any percentage or commission to a promoter or any
other person. 6ased 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.
8. That there shafl be no pool tables or amusement devices maintained upon the premises at any time .
unless the proper permits have been obtained from the City of Anaheim. '
9. That the gross sales of alcoholic beverages shall not exceed 40% of the gross sales of all retail sales
during any three (3) month period. The applicant shall maintain records on a quarterty basis indicating`
the separate amounts of sales of alcoholic beverages and other items. These records'shall be made
available for inspection by any City of Anaheim official when requested.
10. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any
time unless the proper permits have been obtained from the City of Anaheim.
11. That the sales of alcoholic beverages for consumption off the premises shall be prohibited.
12. That there shall be no exterior advertising of any kind or type, including advertising directed to the -
exterior from within, promoting or indicating the availabitity of alcoholic beverages.
13. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
14. That the alcoholicbeverage license shall not be exchanged for a 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.
15. That there shall be no admission fee, cover charge, nor minimum purchase ~equired.
16. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and
shall be kept closed at all times during the operation of the premises except for ingress/egress, permit
deliveries in cases of emergency.
17. That the business operator shall comply with Section 242005 of the Business and Profession Code so as
not to 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.
18. That there shall be no public telephones on the property that are located outside the building and within :
the control of the applicant.
-3- PC2007-80
~ ~
19. That timing for compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equiValenf timing is established that satisfies the original intent and
purpose of the condition(s), (ii) the modification complies with the Anaheim lulunicipal ,Code and (iii) the
, applicant has demonstrated significant progress toward establishment of the use or approved :
development. ,
20. That extensions for furthertime to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
21. That approval of this application constitutes approval of the proposed request only to the extenf 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 ar requirement.
BE IT FURTHER RESOLVED that the Anaheim 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
invaiid or unenforceabte by the final judgment of any court of competent jurisdiction,_then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT fURTHER RESOLVED that the approval of Conditional Use Permit No. 2007-05222
is contingent upon the approval of General Plan Amendment Na 2006-00445, Amendment#o the Platinum
Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00202),'Zoning Code Amendment No. 2007-
0006Q Conditional Use Permit No. 2007-05222, Reclassification No. 2007-00207, and Development
Agreement No. 2007-00001, now pending.
BE lT FURTHER RESOLVED that the property owner/developer is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the
revocation of the approval of this application.
THE FOREGpING RESOLUTION was adopted at the Planning Commission meeting of
July 23, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining #o appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal. -
CHAIR AN, AHEI PLANNI OMMISSION
ATTEST:
;(~ ~
Jr~a~t~erz.~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISS{ON
. ~
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss. :
CITY OF ANAHEIM ' )
l, 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 July 23, 2007, by the foilowing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, ROMERO
I VVITNESS WHEREOF, J have hereunto set my hand this ,~~ day of
~ !/ vS , 2007.
~ _
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION