Resolution-PC 2008-10
RESOLUTION NO. PC2008-10
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A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05280
BE GRANTED (1320 EAST SANDERSON AVENUE)
WHEREAS, the Anaheim 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 1 OF PARCEL MAP NO. 90-179, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
FILED IN BOOK 279, PAGES 45, 46, AND 47 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER
WITH THAT PORTION OF VACATED SANDERSON AVENUE AS MORE
PARTICULARLY DESCRIBED AS PARCEL 2 OF RESOLUTION NO. 95R-67
OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY
OF WHICH RECORDED JULY 18, 1995 AS INSTRUMENT NO. 95-304246,
OFFICIAL RECORDS EXCEPT THAT PORTION THEREOF CONVEYED TO
THE CITY OF ANAHEIM A PUBLIC BODY CORPORATE AND POLITIC, IN
A DEED RECORDED DECEMBER 23, 1993 AS INSTRUMENT NO.93-
0893342, OFFICIAL RECORDS
WHEREAS, Conditional Use Permit No. 2007-05280 is proposed to permit
a banquet facility with the consumption of alcoholic beverages, in conjunction with a
fraternal organization facility with waiver of the minimum number of parking spaces; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 23, 2008, 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, 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 proposed banquet facility, to include the consumption of alcoholic
beverages, in conjunction with a fraternal organization facility, is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010
(Community and Religious Assembly). The proposed project also includes waiver of the
following:
SECTION NO. 18.42.040.010 Minimum number of parking spaces
(137 required; 108 proposed)
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2. That a parking study was prepared for the property in 2005, by the City Traffic
and Transportation Manager in conjunction with a City street widening project. The study
concludes that a maximum demand of 77 spaces is needed for the facility. This conclusion was
based on the highest demand of the facility which is during banquet events. The facility is also
unique compared to other banquet facilities in that events are typically hosted for the private
membership and their families and not the general public. Therefore, based on the findings
contained in the study and since no expansion or any operational changes to the facility is
proposed, the requested variance 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 such use under the normal and reasonably foreseeable conditions of operation of
such use.
3. That the proposed use would not adversely affect the adjoining land uses and the
growth and development of the area in which it is located because the operation would be
contained within the building; and
4. That the traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because adequate
parking is provided on-site; and
5. That granting this conditional use permit, under the conditions imposed, will not
be detrimental to the health and safety of the citizens of the City of Anaheim; and
6. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff
has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby grant subject Petition for Conditional Use Permit, with the waiver of
the aforesaid provision of the Anaheim Municipal Code, 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 health and safety of the Citizens of the City of Anaheim:
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Responsible for
COA Conditions of Approval Monitoring
GEIYERA~ ~ti :~ ~~ "„~ ~~ ~,
COA 1 That no required parking areas shall be fenced or otherwise enclosed for outdoor Code
storage uses. Enforcement
COA 2 That no public telephones on the property shall be located outside the building. Code
Enforcement
COA 3 That trash storage areas shall be permanently provided in a location acceptable to Public Works
the Public Works Department, Streets and Sanitation Division.
COA 4 That subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by project applicant and planning
which plans are on file with the Planning Department marked Exhibit Nos. 1 and
2 of Conditional Use Permit No. 2007-05280, and as conditioned herein.
COA 5 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 Planning
include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
COA 6 That extensions for further time to complete conditions of approval maybe planning
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
COA 7 That the property shall be permanently maintained in an orderly fashion through Code
the provision of regular landscaping maintenance, removal of trash or debris, and Enforcement
removal of graffiti within twenty-four (24) hours from the time of discovery.
COA 8 That an Emergency Listing Card, Form ADP-281 shall be completed and
submitted in a completed form to the Anaheim Police Department. In addition, police
the operator shall provide the Community Services Division with a contact name
and phone number in the event a complaint is received.
COA 9 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 Police, Code
commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. Enforcement
(Section 24200.5 Alcoholic Beverage Control Act).
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L_J
Responsible for
COA Conditions of Approval Monitoring
COA 10 That the number of persons attending the event shall not exceed the maximum
occupancy load as determined by the Anaheim Fire Department. Signs indicating Fire
the occupant load shall be posted in a conspicuous place on an approved sign near
the main exit(s) from the room(s). (Section 25.114(a) Uniform Fire Code).
COA 11 That the business shall not be operated in such a way as to be detrimental to the Police, Code
public health, safety or welfare. (Section 4.16.100.010 Anaheim Municipal Code). Enforcement
COA 12 That all entertainers and employees shall be clothed in such a way as to not expose police, Code
"specified anatomical areas" as described in Section 7.16.060 of the Anaheim Enforcement
Municipal Code.
COA 13 That the floor space provided for dancing shall be free of any furniture or partitions Police, Code
and maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Enforcement,
Municipal Code). Fire
COA 14 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 Police
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.
COA 15 That any and all security officers provided shall comply with all State and Local
ordinances regulating their services, including, without limitation, Chapter 11.5 Police
of Division 3 of the California Business and Profession Code.
COA 16 That no minor under the age of sixteen (16) years shall be allowed while alcohol police,Code
is being consumed on the premises, unless said minor(s) are accompanied by a Enforcement
parent or guardian.
COA 17 That no "happy hour" type of reduced price alcoholic beverage promotion shall Police, Code
be permitted. Enforcement
COA 18 That the applicant shall ensure that on-site security police the area under their Police, Code
control in an effort to prevent the loitering of persons about the premises. Enforcement
COA 19 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 Police, Code
door charge, cover charge, or any other form of admission charge, including Enforcement
minimum drink orders, or the sale of drinks.
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Responsible for
COA Conditions of Approval Monitoring
COA 20 That if an Alcoholic Beverage License is applied for, the applicant shall comply Police, Code
with all ABC (Alcoholic Beverage Control) requirements. Enforcement
COA 21 That there shall be no bar or lounge area upon the licensed premise maintained police, Code
for the purpose of sales, service, or consumption of alcoholic beverages directly Enforcement
to patrons for consumption.
COA 22 That the sale of alcoholic beverages for consumption off the premise shall be Police, Code
prohibited. Enforcement
COA 23 That the activities occurring in conjunction with the operation of this Police, Code
establishment shall not cause noise disturbance to surrounding properties. Enforcement
COA 24 That there shall be no admission fee, cover charge, nor minimum purchase Police, Code
required. Enforcement
COA 25 That all doors serving subject restaurant shall conform to the requirements of the police, Code
Uniform Fire Code and shall be kept closed at all times during the operation of Enforcement,
the premises except for ingress/egress, permit deliveries and in cases of Fire
emergency.
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 or prior to the issuance of building permits 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 FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 23, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" 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, NAHEIM P ING COMMISSION
ATTEST:
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SENIOR SECRETARY, 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 January 23, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of
February, 2008. ~..,
SECRETARY, ANAHEIM PLANNING COMMISSION
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