Resolution-PC 97-174~ ~
RESOLUTION NO. PC97-174
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3989 BE GRANTED
WHEREAS, the Anaheim City 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 Califomia, described as:
See attached legal description.
WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center
in 1he City of Anaheim on December 8, 1997 at 1:30 p.m., notice of said pubiic hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, 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 Pnd and determine the following 6acts:
1. That the proposed use is propsr;y one for which a condEtional use permit is
authorized by Anaheim Municipal Code Seciions 18.44.050.010 and 18.44.050.030 to permit a 9,200 sq.
ft, banquet haii faciiity for wedding banquets and receptions and with service and on-premises
consumption of, but not sales of, alcoholic beverages, and with waiver of the following:
Sections 18.06.050.0212 - Minimum number of parkinp soaces.
18.06.050.022 (659 required; 447 proposed and recommended for
18.06.05U•~262 approval by the City Traffic and Transportation
18.06.080 i~Aanager)
and 18.44.066.050
2, That this conditional use, is hereby granted for a 9,200 sq. ft. banquet hall facility
for wedding banquets and receptions and with service and on-premises consumption of, but not sales of,
alcoholic beverages, and allowing up to six (6) community events per year;
3. That the petitioner submitted a parking study prepared by Daniel Benson and
Associates, which has been approved by the City Traffic andl Tof s acest~ suti t to the banquet fac I ty
that this use will not adversely affect fhe existing parking supp y P 1
capacity being restricted to a maximum of 350 persons at any one time;
4. That the parking waiver, under the conditions imposed, will not cause fewer eff-
street parking spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normai and reasonably foreseeable
conditions of operation of such use because the peak parking demand Tor off-stree: parking (146 spaces)
is less than the quantity (447 spaces) provided on the site;
5. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the propeRy because
all parking is on-site and there is more than adequats parking to accommodate fhe projecPs peak parking
demands;
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6. That the waiver, under the conditions imposed, will not increase the deman~ and
competition for parking spaces upon adjacent private pruperty in the immediate vicinity of the proposed
use (which prope~ty is not expressly provided as parking for such use under an agreemeni in compliance
with Section 18.06.010.020 of this Code) because there is ample parking and a surplus of 301 spaces will
always be provided even during peak hours;
7. That the waiver, unde~ the conditions imposed, will not increase traffic
congesti^n within the off-street parking areas or lots provided for such use because, according to the
study, the supply of project site parking spaces is greater than the anlicipated peak parking demand;
8. That the waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent propeRies upon the public streets in the immediate vicinity of the proposed
use because the project is not anticipated to result in demand for on-street parking; and that existing
lines of sight and the tuming areas for the project driveways on Lincoln Avenue, Westem Avenue, and
Topanga Drive remain unaffected;
9. That the proposed use is prope~ly one for which a conditional use pemiit is
authorized by the Zoning Code;
10. That the proposed use will not adversely affect the adjoin~ng land uses and ihe
gro~vth and development of the area in which it is proposed to be located;
11. That the size and shape of the site for the proposed use is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare;
12. That the traffic generated by the proposed use will not impose an undue burden
upon thc streets and highways designed and improved to carry the traffic in the area;
13. That the granting of the conditional use permit, under the conclitions imposed, will
nof be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim;
14. That no one indicated their presence at s3id public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to peRnit a 9,200 sq. ft. banquet hall facility for wedding
banquets and receptions and with service and on-premises consumption of, but not sales of, alcoholic
beverages, with up to six (6) community events per year; and with waiver of minimum number of parking
spaces on a 5.8-acre parcel located at the southeast comer of Lincoln Avenue and Wesiem Avenue and
having frontages of 430 feet on th2 south side of Lincoln Avenue and 310 feet on the east side of
Wea~tem Avenue (3150 West Lincoln Avenue); and does hereby approve the Negative Declzration upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration togelher with any comments received during the pul~lic review
process and furlher finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project wilt have a significant effeci on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does herebjr grant subject Petition for Conditional Use Permit, upon the foilowing conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject propeAy in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
j, That no admission fee or any other type of public entrance fee shall be permitted for this facility.
2. That no seats or stools shall be located immediateiy around the bar counter area.
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3, That lhere shall be no bar or lounge mainlained o the Cit of Anahe m y unless licensed by the
State Alcoholic Beverage Control and approved by Y
4, That the subject alcoholic beverage license shall not be exublic9premises asbdefined n Seal orn
type license nor shall the establishment be operated as a p
?_3039 of the Califomia Business and Professions Code.
5, (a) That the on or off the premises sale of alcoholic beverages shall be prohibited; and
(b) That any alcohotic beverages consumed on-premises shall Ce provided by the
customers wha reserve this banquet facility.
g. That the activities taking place in conjunction with the operation of this es~c~+Aishment shall not
cause noise disturbance to surrounding prope~iies.
7, That there shall be no pool tables or coin-operated amusement devices maintained upon the
premises at ar~y time.
g, That the hours of operation shali be limited to the foliowing:
Sunday through Thu~sday: 10 a.m. i~ 9 P•m•
Friday and Saturday: 10 a.m. to 10 p.m.
The facility may be occupied for clean-up purposes only for a maximum of one (1) hour after
said time limitations.
g, That this permit shall expire one (1) year from 1he date of this resolution, on December 8, 1998.
~p, Tnat a maximum capacity of three hundred fifty (350) persons shall be permitted on t'c~~s
premises at any one time.
~ ~, That at a~llnt~m ~h Anahe mf Police 1D palAmenlt to deterfu awful condu thoni he par! 1oep~t~ons,
satisfact
and to promote the sate and orderiy assemb~excessrveVno sengenera ed by ~pat onscentering or
prevent disturbance to the neighborhood by
leaving the premises.
~ 2, That a manager shall be on-site at all times while the banquet facility is in operation.
~ 3, That the de f om taeeexte or of thetbu Iding uexcept in cases of emlergency, be kept closed and
inaccessib
14. That valid City of Anahei a~B eRiess License shall be obtained from the Business License
Division of the Finance Dep
15, (a) That all signage shall comply to Code requirements perlaining 1o wail signs; and
~b~ Shec aIl Event'Perm'rts sh~all notlbe perrridtedother advertising device in connection with
P
~g, That trasY~ slorage areas shall be provided and maintained in location(s) acceptable to the Public
roved plans fln
Works DepaRment, Streets and Sa~itation Division, and in accordance with app
file with said Department. Such infonnation shall be specifically shown on tiie plans submitted
for building permits.
17, That trash storage areas shall be refurbishedth aheroveldfp ans on fi!e w th said DepaDmeMment,
St~eets and Sanitation Division, to comply PP
PC97-174
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18. 7hat a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the Public Works Department, Streets and Sanitation Division, for rEVie:v and
approval.
19. That an on-site trash truck tum-around area shail be provided in zccordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division. Said tum-around area shall be specifically shown on plans
submitted for buiiding permits.
20. "that the owner of the subject properly shall submit a letter requesting termination of Gonditional
Use Permit No. 3003 (to permit on-sale alcaholic beverages in conjunction with an enclosed
restauranUpublic dance hall with waiver of minimum number parking spaces), Conditional Use
Permit No. 2926 (to pertnit on-sale beer and wine in an existing restaurant at 1125 South
Westem Avenue), Condition2l Use Permit No. 2194 (to permit a cocktail lounge at 3156 and
3158 West Lincoln Avenue), Conditional Use Permit No. 1416 (to permit on-sale beer and wine
in an existing restaurant at 3152 West Lincoln Avenue), Condi9ional Use Permit No. 402 (to
esiablish a family billiard parlor at 3150 West Lincoln Avenue), Conditional Use Permit No. 86
(to operate coin-operated portable bowliny machines in conjunction with a snack bar and soda
fountain), and Variance No. 1256 (to construct and operate a cocktail bar at 3148 West Lincoln
Avenue) to the Zoning Division.
21, That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim hy the petitiuner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
22. That prior to commencement of the activity authori::ed by resolution or within a period of one (1)
year from the date of lhis resolution, whichever occurs first, Condition Nos. 14, 16, 17, '!8, 19, 20
and 21, above-mentioned, shdll be complied with. Extensions for further time to comply with
said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Afiunicipal
Code, however, if an extension of time is requested it shall be considered at a duly noticed
public hearir~g.
23. 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 include any action or findings ns to compl(ance or
approval of the request regardir.g any other applicable ordinance, regulation or requirement.
24. That this use is hereby granted for wedding banquets and receptions, with up to six (6)
community events per year.
25. That within a period of ninety (90) days f~om the date of this resotution, the legal property owner
shall submit evidence to the Public Works Department, Development Services Division, that the
underlying commercial unit is located on a legal parcel of land in acco~dance with the
Subdivision Map Act, and that the buiiding walls are in conformance with the fire wall separation
requirements of the Anaheim Building Code. in the event that the properiy is not in conformance
with the Map Act or Building Code relative to the building walis, the owner shall obtain a lot line
adjustment and/or obtain a building permit to correct these issues.
BE iT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should dny such conditian, or any paA thereof,
tF~is Resoluti nV and any app ovalsbhe e ntconta ned tlshall be de~m d null and old tent jurisdiction, then
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 8, 1997• ~----~ , ~ ~ ' '
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CHAIRMAN ANANEIM CITY PLANNING CO ISSION
ATTEST: ~
SECRETARY, AN IM CITY F'IANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss•
C~TY OF ANAHEIM )
I, Margarita Solorio, Seca~ed and ad pt d amaCmeePng of ihe Anahe m'~City Plann'ng
certify that the foregoing resolution was p
Commission held on December 8, 1997, bY the following vote of 1he members thereof:
AYES: COMMISSIONERS: PER ~~CK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER ,~'~Z~`' day of
~N WITNESS WHEREOF, I have hereunlo set my hand lhis ,~=_
Q,/l. , 1997.
SECRE7AR ANAHEINi CITY~NING COMMISSION
PC97-174
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„ ORDER NO.: 2-46481.52
SCHEDULE A
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
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i~ MJD PROPERTIES, A.~GENERAI. PARTNERSHIP
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THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COV~RED BY THIS
REPORT IS:
A FEE AND AN EASEMENTISI, AS MORE FULLY DESCRIBED IN THE LEGAL DESCRIPTION.
THE LAND HEFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
PARGEL 1:
THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
nUARTER OF SECTION 14, 70WNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, IN THE CiTY OF ANAHEIM, COiJNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECUFDED IN BOOK 51 PAGE(S) 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 66.00 FEET THEREOF AS CONVEYED TO THE STATE OF CALIFORNIA BY
DEE7 RECORDED IN BOOK 3362 PAGE(S) 306, OFFICIAL RECORDS OF SAID ORANGE COUNTY.
ALSO EXCEPT THE 1NEST 190,00 FEET OF THE NORTH 216.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 134.00 FEET THEREOF.
ALSO EXCEPT THE EAST 129.30 FEET THEREOF.
ALSO EXCEPT THE EAST 185.00 FEET OF THE NORTH 216.00 FEET THEREOF.
PARCEL 2:
THAT FORTION OF THE WEST HALF OF THE NORTH HALF OF 7HE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGc 11 WEST, IN THE
RANCHO LOS COYOTES, THAT IS DESIGNATED AS PAR~EL 2 AND PARCEL 3 ON A MAP FILED
IN SOOK 49 PAGE(S) 33 OF RECORU OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA.
EX~EPT THE V`/EST 0.78 FEET OF SAID PARCEL 3.
ALSO EXCEPT THE EAST 12.00 FEET OF THE SOUTH 108.50 FEET OF SAID PHRCEL 3.
ALSO EXCEPT THE EAST 2.00 FEET OF THE NORTH 137.33 "rEET OF THE SOUTH 245.83 FEET
OF SAID PARCEL 2.
i AtSO EXCEPT THE SOllTH 108.50 FEET OF SAID PARCEL 2.
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ORDER NO.: 2-46481.52
PARCEL 3:
PARCEL 1 AND THE EAST 2.00 FEET OF THE NORTH 137.~3 FEET OF THE SOUTH 245.83 FEET
• OF PARCEL 2, BOTH AS SHOWN ON A MAP FILED IN g00K 49 PAGE(S) 33 OF RECORD OF
, SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF QRANGE COUNTY, CALIFORNIA.
EXCEPT THE SOUTH 108.50 FEET OF SAID PARCEL 1.
PARCEL 4:
PARCEL 4 AND THE WEST 0.78 FEET OF PARCEL 3 BOTH AS SHOWN ON A MAP FILED IN BOOK
49 PAGE(S) 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
EXCEPT THE WES7 0.70 FEET OF SAID PARCEL 4.
PARCEL 5:
THE SOUTH 108.50 FEET OF PARCELS 1 AND 2 AND OF THE EAST 12.00 FEET OF PARCEL 3 OF '
A SURVEY OF A PARCEL OF LAND, AS SAID PARCELS ARE SHOWN UN A MAP FILED IN BOOK •
49 PAGE(S) 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THF COUNTY RECORDER OF SAID ~
COUNTY. [
PARCEL 6A:
THE SOUTH 150.00 FEET OF THE NORTH 216,00 FEET OF THE EAST 185.00 FEET OF THE WEST
HALF QF THE NORTH HALF OF THE NORTHWEST QUAR i ER OF THE NORTHEAST QUARTER OF
SEC710N 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, ~R! THE RANCHO LOS COYOTES, AS PER '
MAP RECORDED IN BOOK 51 PAGE(S) 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ~
COUNTY RECORDER OF ORANGE COUNTY. ~
PARCEL 66:
AN EASEMENT FOR USE AS A PARKING AREA OVER THE NORTHWEST QUARTER OF THE ?
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, ~
RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SAID SECTION IS SHOWN ON A MAP ~
RECORDED IN BOOK 51 P/~1GE(S) 11 OF MISCELLANEOI.iS MAPS, IN THE OFFICE OF THE COUNTY ,
RECORDER OF ORANGE COUNTY. ~
EXCEPT THE NORTH 66.00 FEET THEREOF.
ALSO EXCEPT THE WEST 190.00 FEET OF THE NORTH 216.00 FEET THEREOF.
ALSO EXCEPT THE NORTH 10.00 FEET AF THE WEST 332.00 FEET OF THE SOU7H 314.00 FEET
THEREOF.
ALSO EXCEPT THE SOUTH 304.00 FEET THEREOF.
; ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN PARCEL 1 ABOVE.
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SOUTHLAND TITLE CORPORATION 1"// I~/~
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ORDER NO.: 2-46481.52
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j PARCEL 6C:
~ AN EASEMENT FOR DR~VE~NAY PURPOSES OVER THE NORTH 25.00 FEET OF THE SOUTH 159.00
FEET OF THE NORTHWEST nUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
j QUARTBR OF SECTION '!4, TOWNSHIP 4 SOUTH, NANGE 11 WEST, IN THE RANCHO LOS
; COYOTES, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE(S) 11 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
I
NOTE: A POR710N OF SAID LAND IS ALSO SHOWN IN BOOK 44 PAGE 16 OF PARCEL MAPS, IN ,
`~ THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. r'
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ASSESSOR'S PARCEL N0: 135-281-19
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SOUTHLAND TITLE CORPORATION
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COND. usE rrRr~iT r~o. .~~--