Resolution-PC 2013-007RESOLUTION NO. PC2013 -007
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2009- 05458A
AND VARIANCE NO. 2009- 04801A AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2009- 00032A)
(210, 224 AND 228 WEST CERRITOS AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the "Planning Commission ") did receive a verified Petition to approve Conditional Use Permit
No. 2009- 05458A and Variance No. 2009- 04801A to expand an existing banquet facility with
alcohol service and with less parking than required by the Anaheim Municipal Code (herein
referred to as the "Code ") for that certain real property located at 210, 224 and 228 West Cerritos
Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on
the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to
as the "Property "); and
WHEREAS, the Property is located within a 123 -acre commercial/industrial
business park, which consists of approximately 162,861 square feet of leasable space. The
Property is located in the C -G (General Commercial South Anaheim Boulevard Corridor
Overlay) zone. The Anaheim General Plan designates the Property for General Commercial land
uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 28, 2013, 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 Chapter
18.60 of the Code, to hear and consider evidence for and against said proposed conditional use
permit and variance and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed project is within that class of projects which
consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; and
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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 to expand an existing banquet facility with
alcohol service with less parking than required by the Code, does find and determine the
following facts:
1. The proposed request to expand an existing banquet facility with alcohol
service in the C -G (General Commercial South Anaheim Boulevard Corridor Overlay) zone is
properly one for which a conditional use permit is authorized by Section 18.10.030.010
(Community and Religious Assembly) of the Code; and
2. The proposed conditional use permit to expand an existing banquet
facility, 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 operating hours for
the proposed expansion of the existing banquet facility will occur during the lowest parking
demand of the adjacent businesses; and
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed expansion of the existing banquet facility in a manner not
detrimental to the particular area or to the health and safety because the proposed expansion of
the existing banquet facility will be located within an existing commercial building and is
surrounded by compatible commercial uses; and
4. The traffic generated by the proposed expansion of the existing banquet
facility 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; and
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 expansion of the existing banquet facility will be compatible with the surrounding area
because the use is integrated with other uses on within the commercial center 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 the
proposed expansion of the existing banquet facility should be approved for the following
reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(999 spaces required for the entire commercial
center; 499 spaces existing)
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I . That the variance, under the conditions imposed, if any, will not cause
fewer off - street parking spaces to be provided for the proposed use than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use. A parking demand study was
prepared by TSD Traffic Safety Engineers dated December 18, 2012, which concluded that the
current number of parking spaces within the commercial/industrial business park is sufficient to
accommodate all of the uses on the site including the proposed expansion of the existing banquet
facility. The study concluded that only 397 parking spaces is needed to serve the parking needs
of the entire commercial/industrial business park at peak parking demand times. A total of 499
spaces are provided. Based on the study, the commercial/industrial business park parking lot
will be less than 80 percent occupied with the additional parking demands created by the
proposed expansion of the existing banquet facility; and
2. That the variance, under the conditions imposed, if any, will not increase
the demand and competition for parking spaces upon the public streets in the immediate vicinity
of the proposed use because on -site parking within the commercial/industrial business park will
not increase or compete for on -street parking, since adequate parking is provided on -site to
accommodate the peak parking demands of the proposed expansion of the existing banquet
facility and the other uses on the site; and
3. That the variance, under the conditions imposed, if any, will not increase
the demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use (which property is not expressly provided as parking for such use
under an agreement in compliance with subsection 18.42.050 (Non - Residential Uses- Shared
Parking Arrangements) because the commercial/industrial business park is physically separate
from other surrounding commercial and residential properties, therefore there will be no direct
competition for parking upon adjacent properties. On -site parking is expressly provided for the
proposed expansion of the existing banquet facility and other uses and will adequately
accommodate peak parking demands of all uses on the site. The proposed expansion of the
existing banquet facility and all other uses on the site generate a peak parking demand of 397
parking spaces, while 499 spaces are available; and
4. That the variance, under the conditions imposed, if any, will not increase
traffic congestion within the off - street parking areas or lots provided for the proposed use
because the project site provides adequate ingress and egress points to the property and are
designed to allow for adequate on -site circulation; and
5. That the variance, under the conditions imposed, if any, 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 site has existing ingress or egress access points
that are designed to allow adequate on -site circulation and, therefore, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the banquet facility.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2009- 05458A and Variance No. 2009- 04801A,
contingent upon and subject to the conditions of approval described in Exhibit B attached hereto
and incorporated herein by this reference, which are hereby found to be a necessary prerequisite
to the proposed use of the 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 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 Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 28, 2013. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIR PRO-
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUN'T'Y 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 January 28, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 28` day of January, 2013.
SENIOR SE(�kETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEVA NO. 2009- 00032A
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feel.
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2009-05458A
AND VARIANCE NO. 2009-04801A
(DEV2009- 00032A)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
PRIOR TO COMMENCEMENT OF THE USE
1
Adequate lighting of parking lots and grounds contiguous to
Police
the 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 information shall be specifically shown on plans
submitted for Police Department, Community Services
Division approval.
2
A security plan shall be provided to the satisfaction of the
Police
Anaheim Police Department identifying the safety and
security measures being provided to deter unlawful conduct
of employees and patrons, promote the safe and orderly
assembly and movement of persons and vehicles, ensure that
alcohol consumption by underage patrons does not occur on
the premises and prevent disturbances to the neighborhood
by excessive noise created by patrons entering or leaving the
premises.
3
Complete a Burglary/Robbery Alarm Permit application,
Police
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.an ahei m.net/article. asp ?i d =678
4
File an updated Emergency Listing Card, Form APD -281,
police
with the Police Department, available at the Police
Department front counter, or it can be downloaded from the
following web site:
http:/ /www.anaheim.nc1 /article.asp ?id =678
5
The rear doors of the premises shall be equipped on the
Police
inside with an automatic locking device and shall be closed at
all times, and shall not be used as a means of access by
patrons to and from the licensed premises. Temporary use of
these doors for delivery of supplies does not constitute a
violation.
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6
Business to be equipped with alarm system (silent or
Police
audible).
7
Address numbers shall be positioned so as to be readily
Police
readable from the street. Number should be illuminated
during hours of darkness. Rear entrance doors shall be
numbered in the same address numbers or suite number of
the business. Minimum height of 4" recommended.
8
All exterior doors to have adequate security hardware, e.g.
police
deadbolt locks. Wide -angle peepholes or other viewing
device should be installed in solid doors where natural
surveillance is compromised.
9
Parking lot striping adjacent to building six is fading and
Planning
shall be re- striped as necessary, per City Standard Detail No.
470. Disabled parking spaces shall be provided in
accordance with the Americans with Disabilities Act and
City Standard Detail No. 436 -G.
10
The trash enclosure doors serving the subject tenants spaces
Planning
to the rear of building six shall be repainted.
PRIOR TO ISSUANCE OF BUILDING PERMITS
11
The legal property owner shall submit an application for a
Public Works,
Subdivision Map Act Certificate of Compliance to the Public
Development
Works Department, Development Services Division. A
Services
Certificate of Compliance or Conditional Certificate of
Compliance shall be approved by the City Surveyor and
recorded in the Office of the Orange County Recorder prior
to issuance of a building permit.
12
That all requests for new water services or fire lines, as well
Public
as any modifications, relocations, or abandonments of
Utilities,
existing water services and fire lines, shall be coordinated
Water
through Water Engineering Division of the Anaheim Public
Engineering
Utilities Department.
13
Prior to issuance of building permits, the applicant shall meet
Public
with Water Engineering Cross Connection Control staff to
Utilities,
determine whether a backflow prevention device must be
Water
installed on the applicant's internal plumbing system.
Engineering
14
The project shall be shown to comply with the requirements
Fire
for an A2 occupancy as outlined in the California Fire Code,
2010 edition.
15
An automatic fire sprinkler system shall be designed,
Fire
installed and maintained as required by the Fire Department.
GENERAL CONDITIONS
16
The permitted event or activity shall not create sound levels
Police
which violate any ordinance of the City of Anaheim. (Section
4.16.100.010 Anaheim Municipal Code)
17
Any and all security officers provided shall comply with all
Police
State and Local ordinances regulating their services,
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including, without limitation, Chapter 11.5 of Division 3 of
the California Business and Profession Code (Section
4.16.070 Anaheim Municipal Code).
18
The business shall not be operated in such a way as to be
Police
detrimental to the public health, safety or welfare (Section
4.16.100.010 Anaheim Municipal Code).
19
The owner shall provide security personnel in the parking
Police
lots to prevent any activity which would negatively impact
surrounding neighbors. This requirement shall be addressed
in the required security plan.
20
The doors shall remain closed at all times that entertainment is
Police
permitted, except during times of entry or exit, emergencies
and deliveries. (Section 4.18.110 Anaheim Municipal Code)
21
All employees shall be clothed in such a way as to not expose
Police
"specified anatomical areas" as described in Section 7.16.060
Anaheim Municipal Code.
22
The business shall not employ or permit any persons to solicit
Police
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)
23
The floor space provided for dancing shall be free of any
Police
furniture or partitions and maintained in a smooth and safe
condition. (Section 4.16.050.010 Anaheim Municipal Code)
24
Any graffiti painted or marked upon the premises or on any
Code
adjacent area under the control of the property owner shall be
Enforcement
removed or painted over within 24 hours of being applied.
25
There shall be no public telephones on the premises located
Code
outside the building.
Enforcement
26
There shall be no amplified music permitted outside of the
Police
building.
27
There shall be no admission fee, cover charge, nor minimum
Police
purchase required.
28
Alcohol service at the facility shall only be provided by a
Police
caterer with a valid Alcoholic Beverage Control license.
Patrons shall not be allowed to bring their own alcohol to the
site. In addition, the sale of alcoholic beverages for
consumption off the premises shall be prohibited.
29
No minor under the age of sixteen (16) years shall be allowed
Police
to attend the dance, unless accompanied by a parent or
guardian. (Section 4.16.060.010 Anaheim Municipal Code)
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30
Petitioner shall not share any profits, or pay any percentage
Police
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.
31
Petitioner(s) shall police the area under their control in an
Police
effort to prevent the loitering of persons about the premises.
32
The use of all pyrotechnical material, special effects and
Fire
fireworks shall be permitted only if, and to the extent,
approved by the Anaheim Fire Department prior to their use.
33
The number of persons attending any event shall not exceed
Fire, Police
200 persons or the permitted maximum occupancy of the
building, whichever is less. Signs indicating the occupant
load shall be posted in a conspicuous place on an approved
sign near the main exit from the room.
34
No required parking area shall be fenced or otherwise
Code
enclosed for outdoor storage.
Enforcement
35
No outdoor activities involving gathering of persons shall be
Code
permitted on -site.
Enforcement
36
The applicant shall be responsible for maintaining the area
Code
adjacent to the premises over which they have control, in an
Enforcement
orderly fashion through the provision of regular maintenance
and removal of trash or debris.
37
The banquet facility shall be operated in accordance with the
Planning
letter of operation submitted as part of this application. Any
changes to the business operation as described in the letter
shall be subject to prior review and approval by the Planning
Director to ensure on -going compatibility with the
surrounding uses.
38
The property shall be developed substantially in accordance
Planning
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 Plans), and as conditioned herein.
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