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Resolution-PC 2011-059RESOLUTION NO. PC2011 -059 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION AND ADDENDUM IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007 -05202 AND VARIANCE NO. 2009 -04784 AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2007 -47 (DEV2009-00097C) (1025 EAST BALL ROAD - EXTRON) WHEREAS, on May 14, 2007, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission "), by its Resolution No. PC2007 -47 did approve Conditional Use Permit 2002 -05202 to construct a five -story office and training building with waivers of minimum landscape setback and minimum number of parking spaces for that certain real property located at 1025 East Ball Road in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, on May 27. 2009, the Planning Commission, by its Resolution No. PC2009 -057, did approve an amendment to Conditional Use Permit No. 2007 -05202 (CUP2008- 05371) to construct a 7 -story office building with a height exceeding 100 feet and to permit a restaurant with outdoor dining and a public dance hall with the sales of alcoholic beverages, and did approve Variance No. 2009 -04784 to permit fewer parking spaces and a larger floor area ratio larger than allowed by code; and WHEREAS, on March 1, 2010, . the Planning Commission, by its Resolution No. PC2010 -013, did approve an amendment to Conditional Use Permit No. 2007 -05202 (CUP2007- 05202B) to modify the hours of operation for a restaurant and entertainment venue and to allow charging of admission for entertainment in conjunction with a 6 -story office building; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to previously - approved Conditional Use Permit No. 2007 -05202 and Variance No. 2009 -04784 to permit a banquet hall facility, including the sale and consumption of alcoholic beverages and use of an off -site parking lot, in conjunction with a 6 -story office building, restaurant, and public dance hall currently under construction with fewer parking spaces than required by code; and WHEREAS, the 3.4 -acre subject property at 1025 East Ball Road is developed with a 194,756 square foot, 6 -story office building which is currently under construction. The property is located in the I (Industrial) zone and the Anaheim General Plan designates the property for Industrial land uses; and PC2011 -059 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 18, 2011, at 5:00 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 the proposed amendment to said conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. That the establishment of a banquet hall on the top floor of a 6 -story office building is properly one for which a conditional use permit is authorized under Anaheim Municipal Code Section 18.10.030.010 (Offices — General, Restaurants — Semi - Enclosed, Alcoholic Beverage Sales — On -Sale, and Recreation — Commercial Indoor). 2. That the proposed banquet hall within an office building would not adversely affect the adjoining industrial land uses or residential neighborhoods because the office and training uses would complement the existing industrial operations on the adjacent sites and the restaurant and banquet hall operation would be contained within the building, with the exception of the outdoor patios and balconies, which are all oriented away from the residential neighborhood. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all parking needed for the proposed uses would be provided on the subject property and adjacent property to the north through a reciprocal parking agreement. The project's potential environmental impacts, including aesthetics and noise, were evaluated in the previously- approved Mitigated Negative Declaration Addendum, which indicated that any potential impacts would be less than significant with the implementation of appropriate mitigation measures. 4. That the traffic generated by the office, restaurant, and banquet uses would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area based on the Traffic Impact Analysis prepared by Garland Associates, dated February 2009, and Addendum, dated July 2011. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will be compatible with the surrounding area because the use is integrated with other industrial uses in the vicinity and has been designed so as not to pose a health or safety risk to the residential neighborhoods to the east. 2 PC2011 -059 WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code in conjunction with the office building, banquet hall, restaurant, and dance hall should be approved for the following reasons: SECTION NO. 18.42.040 Minimum number of parking spaces. (1,033 spaces required; 641 proposed). 1. The requested variance is hereby approved based upon the conclusions contained in a parking study that was prepared by Garland Associates, dated May 2011, to address the higher parking requirement of the banquet hall as compared to the previously- proposed office use on the sixth floor. The study concludes that a maximum of 640 spaces would be needed during the peak weekend hours while the restaurant and banquet hall operate concurrently. This parking demand will be accommodated by providing 157 spaces on -site and 484 parking spaces on the adjoining site to the north, for a total of 641 spaces. 2. The variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to the proposed uses because 641 parking spaces will be provided on this site and the adjacent property to the north through a reciprocal access agreement, which exceeds the maximum parking demand by 1 space; and 3. The variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the overall peak parking demand will be served by the proposed parking supply on the subject property and the existing surplus supply on the adjacent property to the north. There is no circulation between the subject site and the properties to the east, south, and west; and 4. The variance, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for such use based on the Traffic Impact Analysis prepared by Garland Associates, dated February 2009, and a Traffic Study Addendum dated July 2011; and 5. The variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project is designed such that all circulation and vehicle stacking to accommodate the anticipated parking demand would be provided on the subject site and the adjoining property to the north through a reciprocal parking agreement. NOW THEREFORE BE IT RESOLVED that the Planning Commission has reviewed the proposal and does hereby find that the previously- approved Mitigated Negative Declaration and Addendum are adequate to serve as the required environmental documentation in connection with this request. -3- PC2011 -059 BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2007- 05202 and Variance No. 2009 -04784 (DEV2009-00097C) to permit a banquet hall facility, including the sale and consumption of alcoholic beverages and use of an off -site parking lot, in conjunction with a 6 -story office building, restaurant, and public dance hall currently under construction with fewer parking spaces than required by code. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2007 -47, approving Conditional Use Permit No. 2007 - 05202, as previously amended, to read as stated in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC2007 -47, approving Conditional Use Permit No. 2007 - 05202, Resolution No. PC2009 -57, approving Conditional Use Permit No. 2008- 05371, and Resolution No. PC2010 -013, approving Conditional Use Permit No. 2007- 05202B, as amended, shall remain if full force and effect. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 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 as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. 4 PC2011 -059 THE FOREGOING RE meeting of July 18, 2011. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ANAHEIM ) CHAIRMAN, AN UTION was a at the Planning Commission EI ATTEST: SENIOR SER (61. TARY ANAHIII C Y PLANNING COMMISSION ITY PLANNING COMMISSION I, Grace Medina, Senior 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 July 18, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 18`" day of July, 2011. SENIOR SE '`'i� TARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2011 -059 EXHIBIT "A" DEV NO. 2009- 00097C APN: 234-101-30 tuu rcc: 1— 63 481.80' E BALL RD E BELL AVE Ln r s. TI -o a LP a3 q 1C V\ 113 E C 1FpA C Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11130 6 PC2011 -059 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 An unsubordinated restricted covenant providing reciprocal access and parking shall be made with the property located at 1001 East Ball Road for a minimum of 484 parking spaces. This covenant shall be approved by Planning Services Manager in a form satisfactory to the City Attorney, and shall be recorded with the Office of the Orange County Recorder. A copy of the covenant shall then be submitted to the Planning Services Manager. Said covenant shall be referenced in all deeds transferring all or any part of the interest in the applicable properties. Planning • . PRIOR TO BUILDING AND ZONING INSPECTION 2 Applicant shall restripe the southbound approach to the Lewis Street/Ball Road intersection to have one northbound inbound lane, one southbound left turn lane, and one southbound through lane. Striping plan shall be approved by the City Traffic and Transportation Manager prior to implementation. Public Works GENERAL CONDITIONS — BANQUET HALL WITH ON -SALE ALCOHOLIC BEVERAGES 3 The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. Police, Code Enforcement 4 Deleted at the public hearing 5 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including. without limitation. Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) Police 6 Anytime the premises are providing entertainment, the petitioner(s) shall provide uniformed security personnel. Police 7 The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Fire Marshall. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. Police, Fire EXHIBIT `B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-05202 AND VARIANCE NO. 2009-04784 (DEV2009- 00097C) 7 PC2011 -059 8 The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) Police 9 All entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. Police 10 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 commission, percentage, salary, or other profit- sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) Police 11 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. Police, Code Enforcement 12 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. Police 13 Applicant shall police the area under their control to prevent the loitering of persons about the premises. Police 14 At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Police, Code Enforcement 15 Deleted at the public hearing 16 There shall be no amusement machines or video game devices maintained upon the premises at any time without obtaining the proper permits from the City of Anaheim. Police, Code Enforcement 17 The first floor smoking patio shall include a six (6) foot high wall or fence that would preclude patrons from passing a drink to the outside of the patio. Police GENERAL CONDITIONS 18 The two easterly driveways along East Street shall be closed daily beginning at 4 p.m. for ingress and egress for restaurant and banquet hall patrons but may be used for employees or other business purposes up to 10 p.m. in a manner that is satisfactory to the Planning and Public Works Departments. In addition. the parking areas on the east sides of the two buildings shall not be used after 10 p.m. except to use the Plannin Public Works. Code Enforcement 8 PC2011 -059 - 9 PC2011 -059 driveways to transport cars between the valet drop -off area on the south side of the office building and the four employee /patron parking lot areas as shown on Exhibit 1 (Site Plan). 19 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police 20 The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Police 21 The operation of this use is contingent upon the continued availability of a minimum of 640 parking spaces as recommended in the parking study prepared by Garland Associates dated May 2011. Any proposed modifications to the approved parking arrangement shall be subject to the review and approval of the Planning and Public Works Departments. Planning, Public Works 22 Trash storage areas shall be provided and maintained in a location acceptable to the Streets and Sanitation Manager and in accordance with approved plans on file with the Public Works Department, Streets and Sanitation Division. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Public Works 23 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within two business days of being applied. Code Enforcement 24 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning - 9 PC2011 -059