Resolution-PC 97-92~ ~
RESOLUTION NO. PC97-92
A RESOLUTION OF THE ANAHEIM CITY PIANNING COMMISSION
THAT PETIT'ION FOR CONDITIONAL USE PERMIT NO. 3935 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a ver~ied Petition for
Condftional Use Permit for ~ertain real property sftuated in the Ciry of Anaheim, County of Orange, State of
Califomia, described as:
PARCEL 4, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
PARCEL MAPS, N 7HE OFF CE OF THE COU~NTY RECOR ER O SAID
COUNT`l.
1MHEREAS, tha Ciry Pianning Commission did hdd a public hearing at the CNic Center
in the Ciry of Anahelm o~ June 23, 1987 at 1:30 p.m., notice of sald public hearing having been duly given
as required by law and tn accordance with the provisions of the Anaheim Municiaal Code, Chapter 18.03,
to hear and consider evidence for and agafnst said proposed condi:ional use permft end to investigate and
make findings and recommorxiations In connection therewith; and that the hearing was continued to the
Commission meeNng of JuIY 2t ~ 1997~ a^d
WHEHEAS, sald Commission, after due inspection, irnestigatlon and study made by itself
and in fts behalf, and after due consideration of all evidence and reports offered at sakl hearing, does find
and determine the following facts:
1, That the proposed use is properly one for which a conditional use permit is authorized by
facilityiw h on pr~elmfses sale a~ndtconsumpton of aecohdic be erages w huwaiver nf th~d owingnquet
,~,e~tions 18 06 050•~2~ - Minimum number of oarkina soace~.
18.06.050.0231 9 2 requlred;
18 06 080 ~ proposed and recommended by the City TraY~ic and
and 18 qa.p~[i.p5p Transportation Manager)
2, That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for such u~e than the number of such spaces necessa.ry to accommodate
all veh(cles attributable to such use under tha normal and reasonably foreseeable conditions of operation
of such use because the parking study submitted by the petftioner indicates that the parking demand for
proposed~barr-quet fac Iiry reac esritsepeak business during din er tlmesmost ~ he offices inthe building
will be dosed;
3, That the waNer, under the condftions imposed, wfll not increasc~ the demand and
competftion for park~ng spaces upon the public streets in the immediate vicinity of the proposed use
because the proJect parking lot has more than adequate parking to accommodate the project parking
demar~ds; and that no on-street parking is a+railable because Magnolia Avenue is presenUy posted for'No
Parking';
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4. That the waNer, under the co~l:lons fmposed, wiil not increase the demand and
competftion for parktng spaces upon adJacent private property In the immediate vicinity of the proposed
use (which property Is not exprsssiy provkJed as parking for such use under an agreement in compliance
with Section 18.06•010.020 of this Code) because during paiicing surveys no evklence of parking
encroachment onto adJacent parking lots was observed and that here would be no reason to encroach
into other parking facilfties because the project sfte provides ampie parkfng;
5, That the waiver, vnder the condRions imposed wll~ not fncrease trafflc congestion within
the off-street parking areas or lots provided for such use because the supply of project on-site parking
spaces is greater than the anticipated parki~9 demanci~ and that a substantial surpius of parking spaces
is expected in the parking lot during dinner time because most of the offices in the building will be closed;
g, ; hat the waNar, ur-s~et the corr3ltions imposed, will not fmpede vehicular ingress to or
a~ress ftom udjacent properiies upon the publlc ~reets in the immecilate vicinity of the proposed use
because on-street parking is prohibftod on Magndia Avenue; arxi that excellent lines-of-sight and tuming
~reas for tne proJect driveway on Magndia Avenue extst and wili cemain unaffected by this proJect;
7, That the proposed use will not adversely affect the adJoining land uses and the growth and
developmerrt of the area in which it is proposed to be located;
g. That the size and shape of the sfte for Yhe p~oposed use fs adequate to allow full
developmer~t of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safery, and genersJ welfare;
g. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and (m~xoved to caRy the traffic ir~ the area;
10. That the g~ntfng of the condftlonel use permft, under the condR~ons imposed, will not be
deMmental to the peace, health, safery and general welfare of the ckizens of the Ciry of Anaheim; and
11. That no one indicatod thefr presence at the public hearing in opposftion; and ihat no
correspondence was receNed !n opposftion to the subject petition.
~ALIFORNIA ENVIRONMENTAL ~UALI7Y ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposa{ to permft a 2,876 sq.ft. restaurant and 5,760 sq.ft. banquet facility
wfth on-premises sale and consumption of alcoholic beverages on a 1.5-acre properry havinfl frontage of
280 feet on the west side of Magndia Avenue and being located 280 feet north ~f the centerline of La
Paima Avenue (1125 North Magndia Avenue); and does hereby approve the NegatNe Declarat(on upon
flnding that the dedaration reflects the li~ependent Judgement of the lead agency and that it has
considered the NegativR Dedaration togeiher with any comrnents received during the publ(c review
process and further i9nding on the basis of the Initiai study ar+d any commdnts received that there is no
substantial evidence that the project will have a signiflcant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED t.hat the Anaheim Chy Planning Commission does
hereby g~nt subJect Petition for Conditfonal Use Permft, upon the fdlowing condftions which are hereby
found to be a necessary prerequisite to the proposed use of the subJeci properry in order to preserve the
safery and general welfare of the Citizens of the Ciry of Anaheim:
1. That tra~`: staage areas shall be refurbished to the satisfaction of the Public Works Department,
Strec*s arxi Sanitatbn Divislon, to comply wfth approved plans on flle with said Department.
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2. That this establtshment shall be operated as a'Bona Flde Public Eating Place' as defined by Section
23038 of the Calffomia Business arxi Professions Code.
a. That there shail not be any off-street or walk-in sale of alcohdic beverages; and that sicoholic
beverages shall only be served at banquets In the banquet taciiity and not in the restaurant.
4. That subject alcohdic beverage license shalt not be exchanged for a public premises (bar) rype
Iicense nor shali the astablishment be operated as a publfc prem(ses as deflned in Section 23039 of
the Caiffomia Business and Professtons Code.
5. That the sale of alcohdlc oevera9es for consumption off the.premises shatl be prohibfted.
6. That there shall be no exte~ior advertising of any kind or type, induding advertising dlrected to the
exteriar from inside, promoting or Indicating the avaitabiltty of alcohoi beverages, with the exception
of one (1) slgn indicating'cocktal~s.'
7. That the actfvfties occurr(ng in conjunction wfth the operation of this establishment shall not cause
noise disturbance to surrounding properties.
8. That there shall be no pool tables or coin-operated gamas maintained upon the premises at any time.
g, That the parking lot serving the premises shall be equipped wfth 11gh:(ng of sufficlent power to
illuminate acxi make easily discemible the appearance and conduct of all persons on or about the
parking lot.
10. That the hours of operation for the restaurant shall be Iimited to 11 a.m. to 11 p.m. (seven (7) days
per week); and that the hours of operation for tho banquet facilfry shall be Iimfted to 6 a.m. to 11
p.m. (weekdays) and 11 a.m. to 11 p.m. (weekends), as stated by the petftioner.
11 That a maximum capacity of sixry (60) persons shail be allowed for the banquet faciliry during the
hours of 8 a.m. to 5 p.m. and that a maximum capacity of two hundred thirry (230) persons shall be
allow6d for th~ ban~uet facility du~ing evening hours after 5 p.m., as spec~fed by the Ciry Traffic and
Transportation Manager.
12. That at all times when entertainment or dancing is permitted, securiry shall be provided to the
satisfaction of the Arxihetm Pdice Department to deter unlawful conduct on the part of employees
or patrons, ar~ to promote the safe and orderly assembly and movement of persons and vehicles,
and to preveM disturbance to the nelghborhood by excessive noise created by patrons entering or
leaving the premises.
13. That all doors serving subject restaurant shall conform to ihe requirements of the Unfform Ffre Code
and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, delNeries, and in cases of emergency.
14. That there shall be no public telephones on tha property that are located outside the building and
wfthin the coritrd of the applicant.
15. That graffit( shall be removed from the poie sign immediately and, further, that the owner of subject
property shall be responsible for the removal of any on-sfte graffiti wfthin twenty four (24) hours of
fts application.
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16. 7hat the properry ownor shall request a Buiiding Division inspectio~s of the existing pole sign to
deteRnine its structural irrtegrity If the structural irrtegriry of the sign is determined to be insufficient,
the sign shall be removed and replaced with a monument sign (not to exceed efght (8) feet in height
as measured from the grade of the adjacent sidewalk). Plans for the monume-~t sign (ff required)
shall be submitted to the Zoning DNision of the Planning Department for revfew and approval by the
Planning Commission as a'Reports and Recommentllatlons' item and shall also be subject to the
review and approval of the Cfry Traffic arxi TransportEtion Manager for line-of-sight consfderatfons.
17. That the grarrting af the parking waNer is corrtingeM upon operation of the use fn cor~formance wfth
the assumptions relating to the operatlon and fMensfty of use as contatned in the parking demand
study that formed the basis fw approvai of safd waNer. Exceeding, vidating, IMenstfying or otherwise
devfating from any of sa(d assumptions, as contained in the parkfng demand study, shall be deemed
a vidatbn of the expressed condk~ons i'nPosed ~P°~ s~~d ~~er which shall subJect this conditional
use permft to termination or madfficatbn pursuant to the provisions of Sections 18.03.091 and
18.03.0~2 of the Anaheim Municipai Code.
18. Tnai a valid City of Anaheim business Iicense shall be obtained from the Business License Divlsion
of the Finance DepartmeM.
19. That signage for subject facfliry shall be timfted Yo that shown on the exhibits submftted by the
petitioner and approved by the Planning Cummission. My additional signs shall be subject to
approval by the Commission as a'Reports and Recommendations' item.
20. That throe (3) fc+ot high address numbe~s shall be painted on thA roof in a contrasting color to the
rooHng mate~lal, not to be vfsible ftom ground level.
21. That plans shal~ be submitted to the City Traffic and Transportation Maneger for review and approval
showing conformance wfth the latest revistons of Engineering Standard Plan Nos. 436 and 602,
pertalning to parlcing standards and drhieway locations. SubJect property shall thereupon be
developed and mafntained In cor~'formance wfth said plans.
22. That window signs shall not be permttted.
23. That this conditional use permit shall expire or.s (1} year from th9 date of this resdution, on July 21,
1998.
24. That subJect properry shall be developed substantlally In accordance wfth pians and speciflcations
submitted to the City of Anaheim by the petitioner and which plans are on flle with the Planning
Department marked Exhibf~ Nos. t, 2a, 2b, 3 and 4.
25. That pr(or So commencement of the actNiry authorized by this resolution or within a period of one
(1) year ftom th9 date of this resolution, whichever occurs flrst, Condition Nos. 1, 9, 13, 16, 18, 20,
?_1 and 24, above mentiorsed, shall be compUed wfth. Extensions for further time to complete said
conditions may be 9rantecJ ~~ eccordance wfth Section 18.03.090 of the Anahelm Municipal Code and,
ff an extens(on of time ts requested, R shall be
considered at a duly notir.ed publ~ hear(ng.
26. That approval of this applic~tion constftutes approval of the proposed request only to the extent that
ft compiles ~rith the Anaheim Mun~ipal Zoning Code and any other appl(cabie Ctty, State and Federal
regulations. Apptoval does not ~ndude any action or findings as to compliance or approval of the
request regarding any other applicable ordirutnce, regulation or requirement.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine thxt adoptlon of this Resolution is expres~y predicated upon applicanYs compGance
with each and ali of the conditlons hereinabove set forth. Should any such condition, or any pa~t thereof,
be deciared 1nvaGd or unenforcesble by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals horein contained, shail be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 21, 1957.
CHA PERSON ANAHEIM CITY P~NG COMMISSION
ATTEST:
r
SECRETARY ANAHEIM CI7Y PLANNING COMMISSION
STATE O ALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solotio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the loregoing resolution was pas i~ followin ~ vte of the memnbersfthereofnaheim City Planning
Commission held on Juy 21, 1997, by 9
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNINGER, ~iAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, PERAZA
Itd WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 1997.
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SEC ETAR , ANAHEIM CITY PLANNING COMMISSION
.~ PC97-92