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Resolution-PC 2011-083RESOLUTION NO. PC2011 -083 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05572 AND VARIANCE NO. 2011 -04876 (DEV2011- 00082) (20 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission did receive a verified Petition to approve Conditional Use Permit No. 2011 -05572 and Variance No. 2011 -04876 to establish a banquet facility and restaurant with alcohol service with less parking than required by Code; and WHEREAS, this 1.34 -acre property is developed with a 32,795 square foot commercial retail building. The property is located in the C -G (General Commercial) zone and the Anaheim General Plan designates the property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 7, 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 said proposed conditional use permit and variance to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 to establish a banquet facility and restaurant with alcohol service with less parking than required by Code should be approved for the following reasons: 1. The proposed request to establish a banquet facility and restaurant with alcohol service in the General Commercial (C -G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Community and Religious Assembly). 2. The proposed the conditional use permit to establish a banquet facility and restaurant in an existing commercial building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by and integrated with similar buildings and uses; and the peak hours of the proposed banquet facility will occur while the adjacent businesses will be closed. PC2011 -083 3. The size and shape of the site for the use is adequate to allow the full development of the proposed banquet facility and restaurant in a manner not detrimental to the particular area or to the health and safety because the proposed banquet facility will be located within an existing commercial building and is surrounded by compatible commercial uses. 4. The traffic generated by the proposed banquet facility and restaurant will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will occur after the highest peak afternoon hours on the adjacent highways. 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed banquet facility and restaurant will be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. 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 a banquet facility and restaurant should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (212 spaces required for the entire commercial center; 190 spaces proposed). 1. The requested variance is hereby approved based upon the findings and conclusions contained in a parking demand study prepared by K2 Traffic Engineering, Inc. dated December 23, 2010, used to determine the number of parking spaces necessary for a similar banquet facility. The study concludes that the existing number of parking spaces was sufficient as 86 spaces would be needed for the banquet facility and restaurant, with 126 spaces required by Code for the remaining commercial uses on the property. The study also concludes that banquet events would occur primarily during evening and weekend hours when the other businesses in the center were not open. 2. The variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because sufficient parking is provided onsite and in the adjacent parking structure and that banquet events will occur primarily during evening and weekend hours when the other businesses in the center were not open. 3. The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because sufficient parking is provided onsite and in the adjacent parking structure and that banquet events will occur primarily during evening and weekend hours when the other businesses in the center were not open. - 2 - PC2011 -083 4. The variance will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because all parking will be contained on the subject property and in the allotted leased spaces in the adjacent parking structure. 5. The variance 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 does not propose new ingress or egress points and is designed to allow adequate on -site circulation. WHEREAS, 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 City Planning Commission does hereby approve Conditional Use Permit No. 2011 -05572 and Variance No. 2011 -04876 and subject to the conditions of approval described 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. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 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. - 3 PC2011 -083 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. THE FOREGOING RESOLUTION ryas adopted at the Planning Commission meeting of November 7, 2011. 7 h /! ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) , Y ,LL■4 CHAIRMAN, ANAI-IEIIVI CITY P)A"NNING COMMISSION SENIOR SEC TARY, ANAHEIM CITY 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 November 7, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of November, 2011. SENIOR SE C TARY, ANAHEIM CITY PLANNING COMMISSION • 4 PC2011 -083 APN: 255- 077 -12 fj 0 50 100 F.;ut EXHIBIT "A" DEV NO. 2011 -00082 - 5 - Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. PC2011 -083 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 A way finding sign program to direct customers to the Center Street parking structure east of this location shall be submitted to the Planning Department, Planning Services Division for review and approval. The signs shall be installed prior to operation of the business. Planning Department, Planning Services 2 The business shall be equipped with an alarm system (silent or audible). Police Department 3 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for permits. Public Works, Streets and Sanitation Division 4 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 5 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http: / /www.anaheim.net/article.asp ?id =678 Police Department GENERAL CONDITIONS 6 Prior to operation of the business, a security plan to include security measures shall be provided and reviewed to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, to 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. This security plan shall include an adequate number of security personnel as deemed necessary by the Police Department. Police Department EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05572 AND VARIANCE NO. 2011-04876 (DEV2011- 00082) -6 PC2011 -083 7 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 Department 8 Petitioner(s) shall not require an admission charge or a cover charge, nor shall there be a requirement to purchase a minimum number of drinks. Police Department The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 10 The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department or 240 guests, whichever is lower. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) Police Department 11 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 Department 1? All 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 Department 13 No minor under the age of sixteen (16) years shall be allowed to attend the dance, unless accompanied by a parent or guardian. (Section 4.16.060.010 Anaheim Municipal Code) Police Department 14 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 Department 15 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal Code) Police Department 16 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 17 Petitioner shall not share any profits, or pay any percentage 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. Police Department 18 At lunch 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 Department 7 PC2011 -083 19 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police Department 20 That all events shall conclude no later than 12:00 a.m. and security personnel shall be stationed in a manner to ensure that patrons leaving the facility do not disturb adjacent residents. PIanning Department, Planning Services 21 The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. Planning Department, Code Enforcement Division 22 Trash from the banquet facility shall not be emptied into the outside trash containers between the hours of 10 p.m. to 7 a.m., daily. Police Department Planning Department, Code Enforcement Division 23 There shall be no public telephones on the premises located outside the building. Planning Department, Code Enforcement Division 24 Any tree and/or landscaping planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. Planning Department, Code Enforcement Division 25 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. Police Department 26 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises without issuance of proper permits as required by the Anaheim Municipal Planning Department, Code 8 PC2011 -083 - 9 - PC2011 -083 Code. Enforcement Division 27 There shall be no amplified music permitted outside of the building. Police 28 The use of all pyrotechnical material, special effects and fireworks shall be permitted only it and to the extent, approved by the Anaheim Fire Department prior to their use. Fire Department 29 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning Department, Code Enforcement Division 30 No outdoor activities involving gathering of persons shall be permitted on -site. Planning Department, Code Enforcement Division 31 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 24 -hours of being applied. Planning Department, Code Enforcement Division 32 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 Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning Department, Planning Services Division - 9 - PC2011 -083