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Resolution-PC 2014-054RESOLUTION NO. PC2014 -054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014 -05734 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00028) (401 NORTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2014 -05734 to permit a banquet hall within an existing commercial building, to include the on -site consumption of alcoholic beverages (herein referred to as the "Proposed Project ") on that certain real property located at 401 North Anaheim Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "), pursuant to Section 18.60.090 of the Anaheim Municipal Code ( "Code "); and WHEREAS, the Property is approximately 1.4 acres in size and is developed with a 5,936 square foot, 2 -story commercial building. The Property is located in the C -G (General Commercial), T (Transition), and RM -4 (Multiple- Family Residential) zones and is, therefore, subject to the zoning and development standards described in Chapters 18.06 (Multiple - Family Residential zones), 18.08 (Commercial zones), and 18.14 (Public and Special Purpose zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for Mixed Use land uses; and WHEREAS, on June 30, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2014 - 05734, 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 pertaining to the request for Conditional Use Permit No. 2014 - 05734, does find and determine the following facts: -1- PC2014 -054 1. The request to permit the Proposed Project is properly one for which a conditional use permit is authorized under subsection .010 of Section 18.08.030.010 of the Code. 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 conditions of approval contained herein will mitigate any potential impacts to surrounding residential properties. These conditions require, among other things, Police Department review of proposed security measures, a 12:00 a.m. limit on the hours of operation, requiring that doors remain closed when entertainment is provided, and prohibiting loitering and alcohol consumption outside the facility during banquet events. 3. The size and shape of the site for the Proposed Project is 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 Project has been designed to comply with all Code requirements, including setbacks, building height, signs, landscaping, and parking. 4. The size and shape of the site for the Proposed Project 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. 5. The granting of Conditional Use Permit No. 2014 -05734 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the surrounding area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2014 -05734 at the Property, 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, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -2- PC2014 -054 BE IT FURTHER RESOLVED that Conditional Use Permit No. 2014 -05734 is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2014 -05734 constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 30, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHAIR, PLANNING COMMISSIO OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2014 -054 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of June, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -054 EXHIBIT "A" DEV2014 -00028 APNs: 035 - 101 -15 035 - 101 -16 035 - 101 -09 035- 101 -17 035 - 101 -14 s vcAM ° s W S�CAMOVE SV 2 p 2 m CID 3 2 . 3a �, I, - W A aE4� s Source: Recorded Tract Maps and/or City GIS. n Please note the accuracy is +1- two to five feet. -5- PC2014 -054 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05734 (DEV2014- 00028) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE COMMENCEMENT OF THE BUSINESS, OR PRIOR TO THE ISSUANCE OF BUILDING PERMITS, WHICHEVER OCCURS FIRST 1 A security plan shall be submitted to the Police Department for Police Department review and approval prior to the operation of any business at this location. 2 The managers and /or owners shall call the Department of Police Department Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The contact number is 714- 558 -4101. 3 The property owner shall submit a letter requesting termination of Planning Conditional Use Permit No. 2004 - 04952, including all of its Department subsequent amendments, to the Planning Department. OPERATIONAL CONDITIONS 4 The activities occurring in conjunction with the operation of this Police Department establishment shall not cause noise disturbance to surrounding properties. 5 Security measures shall be provided to the satisfaction of the Police Department 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. 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. 6 An admission fee for food service in conjunction with banquet Police Department events shall be permitted. An admission fee or a cover charge for nightclub purposes shall not be permitted. 7 A requirement to purchase a minimum number of drinks shall not Police Department be permitted. 8 The sale of alcoholic beverages for consumption off the premises Police Department shall be prohibited. 9 The occupancy shall not exceed the lesser of (i) the occupancy Police Department, limit for the premises established by the Anaheim Fire Department 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. Signs indicating the occupant -6- PC2014 -054 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT load shall be posted in a conspicuous place on an approved sign near the main exit(s) from the room(s). 10 The rear doors, adjacent to the parking lot area, shall remain Police Department closed at all times when entertainment is permitted, except for emergency exiting and delivery purposes. 11 No minor under the age of sixteen (16) years shall be allowed to Police Department attend the dance or event, unless accompanied by a parent or guardian. 12 The business shall not employ or permit any persons to solicit or Police Department 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. 13 The floor space provided for dancing shall be free of any furniture Police Department or partitions and maintained in a smooth and safe condition. 14 The managers and /or owners shall police the area under their Police Department control in an effort to prevent the loitering of persons about the premises. 15 The managers and /or owners shall not share any profits, or pay Police Department 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. 16 Subject alcoholic beverage license shall not be exchanged for a Police Department public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 17 The banquet hall shall be open no later than 12:00 a.m., seven Police Department days a week. Employees shall be allowed to clean -up the facility no later than 1:00 a.m. 18 Individual signs shall be posted inside the banquet hall near the Police Department exit doors stating "No alcohol allowed past this point ". 19 All employees shall be clothed in such a way as to not expose Police Department "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 20 The managers and /or owners shall allow all patrons to self park. Police Department Valet parking at no charge to the patrons shall be allowed on the premises, provided that a valet parking plan is submitted to, and approved by, the Chief of Police or his authorized representative. 21 This business shall not be operated as a nightclub or bar. Police Department -7- PC2014 -054 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 22 A maximum of four outdoor events shall be permitted within the Planning parking lot area per calendar year. A Special Event Permit shall Department, be obtained from the Planning Department prior to the Planning Services commencement of each outdoor event to ensure that sufficient on- Division site parking is provided and noise disturbances do not adversely affect surrounding properties. 23 Whenever a banquet or event is being held, security personnel Police Department shall be present both inside and outside the business, roaming the parking lot, to prevent loitering of persons about the premises, and to ensure that noise levels remain low and do not disturb the nearby residential neighborhood. 24 Adequate lighting of parking lots, passageways, recesses, and Police Department 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 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. 25 The maximum occupancy of the banquet hall, on both floors and Planning the outdoor patio combined, shall be limited to 400 attendees. Department, Code Enforcement Division 26 There shall be no loitering or dancing permitted outside of the Police Department building. Any entertainment shall not be allowed on the premises unless the business owner first obtains an Entertainment Permit. 27 Trash storage areas shall be provided and maintained in a location Public Works acceptable to the Public Works Department, Streets and Sanitation Department, Division and in accordance with approved plans on file with said Streets and Department. Said storage areas shall be designed, located and Sanitation screened so as not to be readily identifiable from adjacent streets or Division 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. Said information shall be specifically shown on the plans submitted for building permits. 28 No required parking area shall be fenced -off or otherwise enclosed Planning for outdoor storage uses. Department, Code Enforcement Division -8- PC2014 -054 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 The managers and /or owners shall be responsible for maintaining Planning the area adjacent to the premises over which they have control, in Department, an orderly fashion through the provision of regular maintenance Code Enforcement and removal of trash or debris. Any graffiti painted or marked Division 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. 30 Gates shall not be installed across any driveway in a manner Public Works which may adversely affect vehicular traffic in the adjacent public Department, streets. Installation of any gates shall conform to Engineering Traffic Division Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 31 Trash shall not be emptied into outside trash containers between Planning the hours of 10 p.m. to 7 a.m. daily. Department, Code Enforcement Division GENERAL CONDITIONS 32 The Applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 33 The Applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees ") from Planning Services any and all claims, actions or proceedings brought against Division Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made 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 Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 34 The property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Planning Services Department and as conditioned herein. Division -9- PC2014 -054