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Resolution-PC 2012-023RESOLUTION NO. PC2012 -023 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT NO. 2011 -05585 (DEV2011- 00136) (630 SOUTH BROOKHURST STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2011- 05585 to permit a banquet facility, for that certain real property located at 630 South Brookhurst Street, in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, this property is currently developed with a commercial retail building, located in the C -G (BCC) (General Commercial; Broolchurst Commercial Corridor Overlay) Zone and the Anaheim General Plan designates this property for Corridor Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 9, 2012 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 "Procedures ", 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, 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 to permit a banquet facility, does find and determine the following facts. 1. The proposed request to establish a banquet facility the C -G (BCC) (General Commercial; Brookhurst Commercial Corridor Overlay) 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 permit a banquet facility in an existing commercial building would adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the proposed banquet facility would continue to impact the adjacent residential uses with noise disturbances and create a demand for parking that would negatively impact the operations of other commercial uses in the vicinity. 3. The size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the proposed use is located adjacent to residential uses that are currently negatively impacted by the business and the number of parking spaces is not adequate to meet the needs of area businesses without negatively impacting their operations. 1 PC2012 -023 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. The granting of the conditional use permit under the conditions imposed, if any, will be detrimental to the health and safety of the citizens of the City of Anaheim due to the anticipated noise and parking impacts associated with the banquet facility. 6. The Planning Department has received correspondence from residents residing east of the subject property, and from the Stater Bros. grocery store, indicating that the banquet facility has been operating in a detrimental manner and multiple complaints have been filed regarding excess noise and parking constraints. NOW, THERFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby deny Conditional Use Permit No. 2011- 05585. 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 was adopted at the Planning Commission meeting of April 9, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: a L c ?c CHAIRMAN PRO TEMPORE, ANAHEIM CI PLANNING COMMISSION SENIOR S CRETARY, ANAHEIM CITY PLANNING COMMISSION - 2 - PC2012 -023 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 April 9, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 9` day of April, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2012 -023 EXHIBIT "A" DEV NO. 2011 -00136 APN: 128 - 181 -19 W STONYBROOK DR 0 50 l00 Fcet i i W ORANGE AVE r op m 326' 327' W NIOBE AVE i 1 W CRONE AVE Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. —4— PC2012 -023