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Resolution-PC 2017-026RESOLUTION NO. PC2017-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05889 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00107) (407 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition for Conditional Use Permit No. 2016-05889 to permit a banquet hall within an existing commercial building, to include the on-site sale and consumption of alcoholic beverages (herein referred to as the "Proposed Project") on that certain real property located at 407 South State College 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 0.61- acres in size and is developed with a 4,300 square foot, 1 -story commercial building. The Property is located in the C -G (General Commercial) zone and is, therefore, subject to the zoning and development standards described in Chapter 18.08 (Commercial zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for Office -Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 6, 2017 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 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2016-05889, 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. 2016-05889, does find and determine the following facts: -1- PC2017-026 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, limitations on the hours of operation, restricted use of the outdoor patio for any reason including smoking, 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. 2016-05889 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. 2016-05889 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 - PC2017-026 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. 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 March 6, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2017-026 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 March 6, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March, 2017. v� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-026 EXHIBIT "A" DEV NO. 2016-00107 APN: 037-222-37 "' 107' ESM s� o 16' 8� m Q W AAA r O _ V NLa 10�• E W 1ltOW E WESTPORT DR SPptTA PSP 5T Source: Recorded Tract Maps and/or City GIS. `—' Feet Please note the accuracy is +/- two to five feet. - 5 - PC2017-026 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05889 (DEV2016-00107) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The activities occurring in conjunction with the operation of this Police Department establishment shall not cause noise disturbance to surrounding properties. 2 Within 60 days of the date of this approval, a security plan shall be Police Department submitted to the Police Department for review and approval prior to the operation of any business at this location. 3 Within 60 days of the date of this approval, the managers and/or Police Department owners shall call the Department of 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. 4 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. 5 An admission fee for food service in conjunction with banquet Police Department events shall be permitted. An admission fee/cover charge for nightclub purposes shall not be permitted. 6 There shall be no exterior advertising of any kind or type, Police Department including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 7 The number of persons shall not exceed the maximum occupancy Police Department, load as determined by the Anaheim Fire Department. Signs Fire Department indication 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) 8 That subject alcoholic beverage license shall not be exchanged for Police Department a 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. - 6 - PC2017-026 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Parking lots, driveways, circulation areas, aisles, passageways, Police Department recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and 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 onsite. 10 There shall be licensed security at all events. At the conclusion of Police Department all events, security shall assist in escorting patrons out to the parking lot in an orderly and quiet manner. 11 The door(s) shall be kept closed at all times during the operation Police Department of the premises except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. 12 The Petitioner(s) shall post and maintain a professional quality Police Department sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. 13 The sale of alcoholic beverages for consumption off the premises Police Department shall be prohibited. 14 No minor under the age of sixteen (16) years shall be allowed to Police Department attend any banquet event, unless accompanied by a parent or guardian. 15 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. 16 The petitioner(s) shall be responsible for maintaining free of litter Planning the area adjacent to the premises over which they have control. Department, Code Enforcement Division 17 The floor space provided for dancing shall be free of any furniture Police Department or partitions and maintained in a smooth and safe condition. - 7 - PC2017-026 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 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. 19 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. 20 Events shall conclude by 10:00 p.m. Sunday through Thursday Police Department and 12:00 midnight Friday and Saturday. 21 Individual signs shall be posted inside the banquet hall near the Police Department exit doors stating "No alcohol allowed past this point". 22 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. 23 There shall be no valet parking allowed. Guests are required to Police Department self -park. If in the event the Conditional Use Permit is to be & Public Works, amended to request Valet parking, valet shall not be operated on Traffic the site without a Valet Operations Plan which has been reviewed Engineering and approved by Traffic Engineering. Division 24 Employees shall park in stalls closest to State College Boulevard Planning so they do not disturb the residential area behind the location. Department, Code Enforcement Division 25 This business shall not be operated as a nightclub or bar. Police Department 26 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. 27 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 - 8 - PC2017-026 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 28 The maximum occupancy of the banquet hall shall be limited to Planning & 200 attendees. Building Department, Code Enforcement Division 29 There shall be no entertainment, amplified music, loitering, or Police Department dancing permitted outside of the building. Any entertainment shall not be allowed on the premises unless the business owner first obtains an Entertainment Permit. 30 The business must obtain an Alcoholic Beverage Control license Police Department from the Department of Alcoholic Beverage Control or use a Caterer with an ABC license to serve alcohol. Guests are not allowed to supply their own alcohol. 31 No required parking area shall be fenced -off or otherwise enclosed Planning for outdoor storage uses. Department, Code Enforcement Division 32 The managers and/or owners shall be responsible for maintaining Planning & the area adjacent to the premises over which they have control, in Building, Code an orderly fashion through the provision of regular maintenance 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. 33 Trash shall not be emptied into outside trash containers between Planning & the hours of 10:00 p.m. to 7:00 a.m. daily. Building, Code Enforcement Division 34 The outdoor patio is to be used for smoking only. No alcohol or Police Department food shall be allowed in the patio area. Signs stating "No alcohol beyond this point" shall be posted at all exit doors. Patrons are not allowed in the patio area after 10:00 p.m. each night. - 9 - PC2017-026 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT GENERAL CONDITIONS 35 The Applicant is responsible for paying all charges related to the Planning & processing of this discretionary case application within 30 days of Building, Planning the issuance of the final invoice or prior to the issuance of building Services Division 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. 36 The Applicant shall defend, indemnify, and hold harmless the City Planning & and its officials, officers, employees and agents (collectively Building, Planning referred to individually and collectively as "Indemnitees") from Services Division any and all claims, actions or proceedings brought against 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. 37 The property shall be developed substantially in accordance with Planning & plans and specifications submitted to the City of Anaheim by the Building, applicant and which plans are on file with the Planning planning Services Department and as conditioned herein. Division -10- PC2017-026