Resolution-PC 2007-143• •
RESOLUTION NO. PC2007-143
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING
AND APPROVING CONDITIONAL USE PERMIT NO. 2005-04981
(TRACKING NO. CUP2007-05263), AND AMENDING CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2005-87, ADOPTED THEREWITH
(175 WEST CERRITOS AVENUE)
WHEREAS, on June 1, 2005, the Anaheim Planning Commission adopted Resolution
No. PC2005-87 in connection with Conditional Use Permit No. 2005-04981 to permit a banquet hall
with the on-premises sales and consumption of alcoholic beverages with waiver of minimum number
of parking spaces located at 175 West Cerritos Avenue; and
approval:
WHEREAS, said Resolution No. PC2005-87 includes the following condition of
"1. That this conditional use permit shall expire two (2) years from the date of this
resolution, on June 1, 2007."
WHEREAS, this property is currently developed with a banquet hall with the on-
premises sales and consumption of alcoholic beverages, the underlying zoning is C-G (SABC)
(General Commercial, South Anaheim Boulevard Corridor Overlay) and the Anaheim General Plan
designates this property for General Commercial land uses; and
WHEREAS, the applicant has requested reinstatement of this conditional use permit to
retain a previously-approved banquet hall with the on-premises sales and consumption of alcoholic
beverages and to remove the time limitation pursuant to Code Section 18.60 of the Anaheim Municipal
Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 26, 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 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 proposed reinstatement of this permit and the modification or deletion of
conditions of approval pertaining to a time limitation to retain a previously-approved banquet hall with
the on-premises sales and consumption of alcoholic beverages is properly one for which a conditional
use permit is authorized under Code Section 18.08.030.040.0402 (Alcoholic Beverage Sales and
Recreation - Commercial Indoor) and Section 18.60.180 (Reinstatement of a time-limited permit) of
the Anaheim Municipal Code.
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2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located because the use permit has been operated
in substantially the same manner as originally approved by the Planning Commission.
3. That the Code Enforcement Division indicates that no complaints have been received
regarding the operation of this business, the conditions of approval have been complied with and the
property is being properly maintained.
4. That the facts necessary to support each and every required showing for the original
approval of the entitlement exist.
5. That the traffic generated by the 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 this reinstatement, under the conditions imposed, will not be detrimental
to the peace, health and safety of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 2005-04981 is adequate to serve
as the required environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for
the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 2005-
04981 to permit a banquet hall with the on-premises sales and consumption of alcoholic beverages
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:
Responsible for
COA Conditions of Approval Monitoring
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The property shall be permanently maintained in an orderly
fashion by providing regular landscape maintenance, removal of
COA 1 nash or debris, and removal of graffiti within twenty-four (24) Planning
hours from time of occurrence.
Any tree and/or landscaping planted on-site shall be replaced
COA 2 in a timely manner in the event that it is removed, damaged, Planning
diseased and/or dead.
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Responsible for
COA Conditions of Approval Monitoring
No required parking area shall be fenced or otherwise enclosed
COA 3 for outdoor storage uses. Planning
COA 4 The landscape planters shall be permanently maintained with
Planning
live and healthy plant materials.
An Emergency Listing Card, Form ADP-281 shall be
completed and submitted in a completed form to the Anaheim
COA 5 Police Department. In addition, the operator shall provide the Police
Community Services Division with a contact name and phone
number in the event a complaint is received.
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
COA 6 disturbance of the neighborhood by excessive noise created by Police
patrons entering or leaving 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.
Any and all security officers provided shall comply with all
State and Local ordinances regulating their services, including,
COA 7 without limitation, Chapter 11.5 of Division 3 of the California Police
Business and Profession Code.
The doors shall remain closed but unlocked at all times that
COA 8 entertainment is permitted, except during times of entry or Planning
exit, emergencies and deliveries.
COA 9 No minor under the age of sixteen (16) years shall be allowed,
Police
unless accompanied by a parent or guardian.
The floor space provided for dancing shall be free of any
COA 10 furniture or partitions and maintained in a smooth and safe Planning
condition.
No "happy hour" type of reduced price alcoholic beverage
COA 11 promotion shall be permitted. Police
COA 12 There shall be no admission fee, cover charge nor minimum planning
purchase required for admittance.
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Responsible for
COA Conditions of Approval Monitoring
The applicant(s) shall ensure that on-site security police the
COA 13 area under their control in an effort to prevent the loitering of Police
persons about the premises.
The applicant shall not share any profits, or pay any
percentage or commission to a promoter or any other person,
COA 14 based upon monies collected as a door charge, cover charge, or Police
any other form of admission charge, including minimum drink
orders, or the sale of drinks.
COA 15 The hours of operation shall be limited to 5 p.m. to 12 a.m.
Planning
~midnight) Friday through Sunday.
If an Alcoholic Beverage License is applied for, the applicant
COA 16 shall comply with all ABC (Alcoholic Beverage Control) Planning
requirements.
Subject property shall be developed and maintained
substantially in accordance with plans and specifications
COA 17 submitted to the City of Anaheim by the petitioner and which Planning
plans are on file with the Planning Department marked Exhibit
Nos.l and 2 and as conditioned herein.
That timing for compliance with conditions of approval may
be amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that satisfies
COA 18 the original intent and purpose of the condition(s), (ii) the Planning
modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
That extensions for further time to complete conditions of
COA 19 approval may be granted in accordance with Section 18.60.170 Planning
of the Anaheim Municipal Code.
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
COA 20 City, State and Federal regulations. Approval does not include Planning
any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or
requirement.
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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 applicant'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 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 applicant 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. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of November 26, 2007. 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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CHA AN, ANAHEIM PLA`~TN1NG COMMISSION
ATTEST:
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I
ARY, ANAHEIM PLANNiNG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 November 26, 2007, by the following vote of the members thereof:
AYES: COMMISSION: AGARWAL, BUFFA, EASTMAN, FAESSEL, KAR.AKI,
ROMERO, VELASQUEZ
NOES: COMMISSION: NONE
ABSENT: COMMISSION: NONE
~,~( IN WITNESS WHEREOF, I have hereunto set my hand this 2~ ~ day of
V V DV ~ry~,~~„~ , 2007.
(~~~~% ~.--_ -
SENI~#t SECRETARY, ANAHEIM PLANNING COMMISSION
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