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Resolution-PC 2014-023RESOLUTION NO. PC2014 -023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05690 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00087) (907 SOUTH BEACH BOULEVARD) 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. 2013 -05690 to permit a community center and banquet hall within an existing commercial building, including the on -site consumption of alcoholic beverages (herein referred to as the "Proposed Project ") for that certain real property located at 907 South Beach Boulevard 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 (the "Property "); and WHEREAS, the Property, consisting of approximately 1.28 acres, is developed with a 13,600 square foot commercial building. The Property is located in and subject to the regulations and development standards of the General Commercial (C -G) Zone. The Anaheim General Plan designates the Property for Corridor Residential land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 24, 2014 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 Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against proposed Conditional Use Permit No. 2013 -05690 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 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 permit a community center and banquet hall within an existing commercial building, including the on -site consumption of alcoholic beverages, has determined that Conditional Use Permit No. 2013 -05690 should be approved for the following reasons, does find and determine the following facts: - 1 - PC2014 -023 I . The proposed request to permit the Proposed Project in the General Commercial (C -G) Zone, under the conditions imposed, is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and 2. The proposed conditional use permit to permit the Proposed Project, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area because the applicant proposes to construct an 8 -foot high wall along the west property line to provide an effective buffer between the proposed use and the single family homes in the rear. In addition, the applicant will monitor the rear parking lot to deter loitering and alcohol consumption outside the facility; no activities will occur outside of the building; the doors will remain closed at all times; and the all banquet events will end no later than 10:00 p.m.; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Proposed Project complies with all applicable development standards, including the required number of parking spaces; and 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to cant' the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there will be adequate parking on -site; 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 and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013 - 05690, 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 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. -2- PC2014 -023 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 24, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General ") 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, ANAHEIM CITY PLANN G COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 February 24, 2014, by the following vote of the members thereof AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 24 day of February, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2014 -023 EXHIBIT "A" DEV NO. 2013 -00087 APN: 079 - 893 -33 ca- W ROME AVE W TERANIMAR DR r w v x Q J 2 m w = 299' V Q W W LYNROSE DR im 299' W GLEN HOLLY DR D C] S V Q W m W BALL RD Source. Recorded Tract Maps and /or City GI& Please note the accuracy is */. two to five feet_ -4- PC2014 -023 EXHIBIT °B" CONDITIONAL USE PERMIT NO. 2013-05690 (DEV2013- 00087) NO. CONDITIONS OF APPROVAL 1:[ tB W SIGNED OFF BY GENERAL CONDITIONS 1 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful Police conduct of employees and patrons, promote the safe and Department 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. Any 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. A security plan shall be submitted to the Police Department for revi ew and approval prior to the operation of any business at this location. 2 Whenever a banquet or event is being held, security personnel must be present both inside and outside the Police business, roaming the parking lot, to ensure that noise Department levels remain low and do not disturb the nearby residential neighborhood. 3 The applicant shall not require an admission or a Police cover charge, nor shall there be a requirement to Department purchase a minimum number of drinks. 4 The sale of alcoholic beverages for consumption off the Police premises shall be prohibited. Department 5 No minor under the age of sixteen (16) years shall Police be allowed to attend any dance or event, unless Department accompanied by a parent or guardian. 6 The business shall not employ or permit any Police persons to solicit or encourage others, directly or Department indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit - sharing plan, scheme or conspiracy. 7 The floor space provided for dancing shall be free of any Police furniture or partitions and maintained in a smooth and Department safe condition. 8 The applicant shall police the area under their control in Police an effort to prevent the loitering of persons about the Department premises. -5- PC2014 -023 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 9 Petitioner shall not share any profits, or pay any Police percentage or commission to a promoter or any other Department 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. 10 The subject alcoholic beverage license shall not Police be exchanged for a public premise (bar) type license nor Department shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 11 Individual signs shall be posted inside the Police banquet hall near the exit doors stating "No alcohol Department allowed past this point ". 12 All employees shall be clothed in such a way as to not Police expose "specified anatomical areas" as described in Department Section 7.16.060 of the Anaheim Municipal Code. 13 The managers and/or Owners will need to call the Police Department of Alcoholic Beverage Controland obtain Department LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The contact number is 714- 558 -4101. 14 Applicant must allow all patrons to self park. No valet Police parking or charging for parking shall be allowed. Department 15 Adequate lighting of parking lots, passageways, recesses, Planning and grounds contiguous to buildings shall be provided Department, with lighting of sufficient wattage to provide adequate Police illumination to make clearly visible the presence of any Department person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 16 Any graffiti painted or marked upon the premises or on Code any adjacent area under the control of the property owner Enforcement shall be removed or painted over within 24 hours of being applied. 17 No required parking area shall be fenced or otherwise Code enclosed for outdoor storage. Enforcement -6- PC2014 -023 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 18 The maximum occupancy of the banquet hall shall be Code limited to 286 attendees. Enforcement 19 The banquet hall shall be open no later than 10:00 p.m., Code seven days a week. Employees shall be allowed to Enforcement clean-up the facility no later than 10:30 p.m. 20 There shall be no admission fee, cover charge, nor Police minimum purchase required in conjunction with the Department banquet hall. 21 The occupancy shall not exceed the lesser of (i) the Fire occupancy limit for the premises established by the Department Anaheim Fire Department or (ii) an occupancy limit established as a condition of the permit approved pursuant to this chapter, or any zone variance issued pursuant to Title 18 of this Code. 22 There shall be no entertainment, amplified music, Police loitering, or dancing permitted outside of the building. Department, Any entertainment shall not be allowed on the premises Code unless the business owner first obtains an Entertainment Enforcement Permit. 23 The rear doors, adjacent to the parking lot area, shall Code remain closed at all times except for emergency exiting Enforcement and delivery purposes. 24 An eight foot high masonry wall (as measured from the Planning grade on the applicant's property), and an adjacent five Department foot wide landscape planter, shall be constructed along the western property line separating the subject property from the residences. 25 The activities occurring in conjunction with the operation Police Department, of this establishment shall not cause noise disturbance to Code surrounding properties. Enforcement 26 The Applicant shall defend, indemnify, and hold Planning harmless the City and its officials, officers, employees Department and agents (collectively referred to individually and collectively as "Indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made -7- PC2014 -023 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 27 The applicant is responsible for paying all charges related Planning to the processing of this discretionary case application Department within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 28 The premises shall be developed substantially in Planning accordance with the plans and specifications submitted to Department and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department. -8- PC2014 -023