Resolution-PC 2009-060RESOLUTION NO. PC2009-060
A RESOLUTION OF THE ANAHEIM CITY FLANNING COIvIMISSION
APPIZOVING A CLASS l CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05417
(1238 SOUTH BEACH BOULEVARD)
WHEREAS, the Anaheim City Plaoning Commission did receive a verified
Petition for a Condi[ional Use Permit to permit church services and a banquet facility with
alcohol service in an existing two-story building on certain real property situated in the City of
Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and
incorporated herein by this reference; and
WHEREAS, the property is located in the General Commercial (GG) zone and is
designated for Neighborhood Center land uses in the City of Anaheim General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the Ciky of Anaheim on May 27, 2009, at 230 p.m., notice of said public hearing
bavi~g been duly given as reqaired by law and in accordance with t6e provisions of Che Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and variance and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, said Commission, after d~e inspecCion, lnvesCigation and study ma~e
by itself and in its bek~alf, and after due consideration of all evidenee and reporCS offered at said
hearing with respect to the requesC for a canditional use permit, does find and determine the
followiog facts:
1. That a church and banquet facility with alcoho] service in Che General
Commercial (C-G) zone is properly ane for which a conditional use permit is autttorized by
Anaheim Municipal Code Section 18.08.030.010 (Community and Relagious Assembly;
Alcoholic Beverage Sales - On Sale and Recreation - Commercial Indoor).
3. That the churci~ and banquet facility with alcohol service would not adversely
affect the adjoining residential and commereial land uses and the growth and development of the
area in which it is proposed to be located because the property is currenCly improved with a retail
center adjacent to an arterial bighway and a banqueC facility has been operating in the subjeck
building for approximately thirty years without iucidenC.
3. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimenCa] to the particular area nor to the health, safeCy and
general welfare of the public because tfie groperty is currepCly improved with a commercial retail
center and no expansion is proposed. Code requires a total of 178 spaces for the combination of
commercial uses proposed on the property. A total of 112 spaces are provided on the subject
property a~d an additiona190 parking spaces are provided on the adjacent church property to the
east through a recorded reciprocal parking and access agreement. Code allows for additional off-
street parking on property immediately contiguous to the subject property, provided the parking
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is located within reasonable walking distance and the spaces are provided per a recorded parking
agreement between the two property owners. Since a total of 232 spaces are being provided to
accommodate all uses on the property, a parking variance is not required for the proposed church
and banquet facility.
4. That the traffic generated by the church and banquet facility market would not
impose an undue burden upon the streets and highways designed and improved to carry the
traffic in the azea because the use is consistent with other uses in the center and no expansion is
proposed.
WHEREAS, the ~roposed project falis within the definition of Categorical
Exemptions, Class 1(Existing Facilit3es) as defined in the State CEQA Guidelines~ and is
Cherefore, exempt from the requirement to prepare additional environmental doenmenCaCion.
BE IT FUR'I'HER RESOLVED that the Anaheim City Planning Commission, for
Che reasons hereinabove stated, does hereby approve Condifiona] Use Permit No. 2009-05 4 1 7,
subject to the conditions of approval described in ExhibiC "B" atYached hereto and incarporated
by this reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to praserve Yhe health, safety and general welfare of Yhe CiCizens of the
City of Anaheim. Extensions for further time to complete condikions of approval may be granted
3n accordance with Sectio~ 18.60.170 of the Anaheim Municipal Code. Tirning for eompliance
with conditions of approval may be amended by t4e Planning Director apon a showing of good
cause provided (i) eqiiivalent timing is established that satisfies the origioal intent and parpose of
Che condition(s), (ii) the modificarion complies with the Anaheim Municipa] Code and,(iii) the
applicant has demonstrated significant progr~ss toward establishment of the use or approved
development.
BB IT FURTHER RESOLV~D, that this permit is approved witbont limitaCions
on the hours of operarion or the duration of tl~e ~se. AmendmenCS, moditications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED Chat Che Anaheim City Planning Commission
does hereby find and deCermine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all oP the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the Final judgment of
any conrt of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application consCitutes
approval of the proposed requesC only to tbe extent Chat it complies with the Anaheim Municipal
Zoning Code and any other applicable Ciry, State and Federal regulations. Approval does not
include any action or findings as to compliance or approvai of the request regarding any other
applicable ordinance, regulation or reqaireme~t.
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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. Fai(ure to pay all charges shaU 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 May 27, 2009. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions - Ge~eral" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Councif Resolution in the event of an aspeal.
CHAIRMAN, ANAH~IM CITY PLAi~NING COMMISSION
ATTEST:
SENIOR SE~L~TARY, ANAHEIM C1TY P
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHBIM )
COMMISSION
I, Grace Medina, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on May 27, 2009, by the following vote of the members thereof:
AYES: COMMISS[ONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO
NOES: COMMISSIONBRS: NONE
ABSENT; COMMISSIONERS: RAM[REZ
IN WITNESS WHE OF, have hereunto set my hand this 27`h day of May, 2009.
SEN~OR SL~kETARY, ANAHEIM CITY PLA~VN~NG COMM[SSION
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E_YH]BIT "A"
CONDITIONAL USE PERT~IIT NO. 2009-05417
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EXffiBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05417
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MOIVITORING
WITHIN 6Q!DAYS OF THE DATE OF'THIS RE30LUTION
1 Trash storage areas shall be provided and maintained in a Planning,
locaYion acceptable to the Public Works Department and in Public Works
accordance with approved plans on file with said Department.
Said storage areas shall be designed, located and screened so as
^ot to be readily idenzifiable frpm adjacent streets or highways.
2 The property owner shall submit an application for a Subdivision Public Works
Map Act Certificate of Compliance to the Public Works Development
Department, Development Services Division. A Certificate of Services
Compliance or Conditional CerCificaCe of Compliaoce shall be
approved by the City Engineer and recorded in the Office of the
Orange Co~nty Recorder.
3 An unsubordinated restricted covenant providing shared access Planning
and parking between the subject property and the contiguous
properCies Yo YUe east, approved by Che Plaoning Services
Manager in a form satisfactory to the City Attorney, shall be
recorded with the Office of the Orange County Recorder. In
addition, provisions sl~ali be made in Che covenant to gnarantee
~
thaC Ylte operating hours fpr both
properties are not in conflict,
the driveways and parking lots provide vehicular circulation,
driveway access, and maintenance for the contiguous pazcels
under common ownership, and said covenant shall be referenced
in all deeds transferring all or any part of the interesY in the
applicable properties. A copy of the covenant shall then be
submitted to the Planning Services Manager.
4 The subject property shall be developed substantially in Pla~ning
accordance with the plans and specificaYions submitted to the
City of Anaheim by the applicant and which plans are on file
witi~ tbe Planning DepartmenC Exhibit Nos. 1(3iee Plan), 2(First
Floor Plan), 3(Second Floor Plan), and 4(Elevations) and as
condiCioned herein.
GENERAL CONDITIONS
5 There shall be no public telephones on khe property that are Code
located outside of the bailding and within the control of Che Enforcement
appl9cant.
6 Bottles and glass containers shall not be emptied anto outside Code
krash containers between the hours of 10 p.m. to 7 a.m. daily. EnForcement
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7 There shall be no pool tables or amasement devices maintained Code
upon the premises at any time unless the proper permits ~ave EnforcemenC
been obtained from the City of Anaheim.
8 There shall be no live entertainment, amplified music or dancing Code
permitted on the premise at any time unless the proper permits Enforcement
have been obtained from the City of Ana6eim.
9 The sale of alcoholic beverages for consumption off the Police
premises shall be proh3bited.
10 The activities occurring in conjunction with the operation of this Police
establishmeut shaU noC cause noise disturbance to surrou~ding
properties.
1 l The subject alcpholic beverage license shall noC be exchanged Police
for a public premise (bar) type license nor shall che
establashmenC be operated as a public prernise as defined in
Section 23039 of the Business and Professions Code.
12 There shall be no admissian fee, cover charge, nor minimum Code
purchase of a3coholic beverages required. Bnforcement
13 The business operator shall comply with SecCian 24200.5 of the PoHce
Business and Profession Code so as not to employ or permit any
persons to solicit or encourage others, directly or indireccly, to
buy them drinks in the licansed premises under any commission,
percentage, salary, or other profit-sharing plan, scheme or
conspiracy.
l4 ~ AY all times that entertainmeot or dancing is permiCted, security Police
measures shall be provided to the saYisfactian of the Anaheim
Police Departme~t to deter unlawful conduct on the parC of
employees or patrons, and promote tt~e safe and arderly
assembly and movement of perso~s and vehicles, and to prevent
disturbance Co CUe neighborhood by excessive noise created by
patrons entering or leaving the premises.
15 All doors serving subject reskaurant shall conform to the Code
re~uirements of the Uniform Fire Code and shall be kept closed Enforcement,
at all times during the operation of the premises except for Fire
iogress/egress, permit delaveries aod in cases of emergency.
16 The doors shall remain closed at all times that entertainment is Code
permitted, excepC during t3mes of entry or exit, emerge~cies, and Enforcement,
deliveries. Fire
17 Outdoor storage shall not be permitted. Code
Enforcement
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18 The applicant shail not share any profits, or pay any percentage Police
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.
19 The applicant shall monitor the area under their control in an Police
effort to prevent Che loiCering of persons about tt~e premises.
20 Parking lots, driveway, circulation areas, aisles, passageways, Police
recesses and ground contiguous to buildings, shall be provided
with lighting of a minimam one (1) foot candle power to
illuminate and make clearly visible the presence of any person
on or abont the premises during the hours of darkness and
provide a safe, secure environment for all persons, property, and
vehicles o~site.
21 The property shall be permanently mai~tained in an ordedy Code
fashion through the provision of regular landscaping Enforcement
maintenance, removal of trash or debris, and removal of graffiti
within two business days from the time of discovery.
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