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Resolution-PC 2019-049RESOLUTION NO. PC2019-049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM AMENDING CONDITIONAL USE PERMIT NO. 2014-05734 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00019) (401 NORTH ANAHEIM BOULEVARD) WHEREAS, on June 30, 2014, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission"), by Resolution No. PC2014-054, approved 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 "Original CUP") for that certain real property located at 401 North Anaheim Boulevard in the City of Anaheim; and WHEREAS, the conditions of approval which were the subject of the Original CUP and the Previous Amendments shall be referred to herein as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition for an amendment of the Original CUP (Conditional Use Permit No. 2014-05734B) to permit a covered outdoor patio with a modified setback for an existing banquet hall within a commercial building 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, Conditional Use Permit No. 2014-05734B is proposed in conjunction with (i) Zoning Code Amendment No. 2019-00167 to modify Chapter 18.32 (Mixed Use Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code to allow banquet halls in the Mixed Use Overlay zone subject to the approval of a conditional use permit; and (ii) Reclassification No. 2019-00327 to add the Mixed Use (MU) Overlay Zone to the property's existing "C -G" General Commercial, "T" Transition, and "RM -4" Multiple -Family Residential zoning. Zoning Code Amendment No. 2019-00167, Reclassification No. 2019-00327, and Conditional Use Permit No. 2014-05734B shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, banquet hall land uses within the Mixed Use Overlay Zone are subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.32.030 (Uses), contingent upon approval of Zoning Code Amendment No. 2019-00167 and Reclassification No. 2019-00327. Pursuant to subsection .020 of Section 18.32.160 (Residential Planned Unit Development), the minimum setbacks set forth in Section 18.32.070 of Chapter 18.32 (Mixed Use Overlay Zone) may be modified in order to promote increased pedestrian activity, provide for a unified street frontage, ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. If approved, Conditional Use Permit No. 2014-05734B will permit the reduction in street setbacks of the Mixed Use Overlay Zone; and -1- PC2019-049 WHEREAS, the Property is approximately 1.59 acres in size and is developed with a 9,136 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 High land uses; and WHEREAS, on December 9, 2019, 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. 2014-05734B, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consist additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and that 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 the area in which the project is located is not environmentally sensitive, and pursuant to Section 15060(c)(2) in that the activity will not result in a direct or reasonably foreseeable indirect change in the environment; and that, therefore, the project is statutorily 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. 2014-05734B, does find and determine the following facts: 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, subject to the approval of Zoning Code Amendment No. 2019-00167 and Reclassification No. 2019-00327, now pending. - 2 - PC2019-049 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 10:00 p.m. limit on the hours of operation of the outdoor patio, and a limitation on types of amplified sound. 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 building height, landscaping, and parking, and provides a sufficient setback from Adele Street. 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, with the exception of the modified setback from Adele Street. 5. The granting of Conditional Use Permit No. 2014-05734B 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. 2014-05734B at the Property, contingent upon and subject to: (1) the adoption by the City Council of an ordinance approving (i) Zoning Code Amendment No. 2019-00167 and (ii) Reclassification No. 2019-00327, all of which entitlements are now pending; 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. BE IT FURTHER RESOLVED that Conditional Use Permit No. 2014-05734B 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. -3 - PC2019-049 BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2014-05734B 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 December 9, 2019. 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. rC CHAIIGTRSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 December 9, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, LIEBERMAN, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: KEYS, MEEKS ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 91" day of December, 2019. A SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-049 APN; 035-101-09 035-101-14 035-101-15 035-101-16 035-101-17 EXHIBIT "'A" DF V NO. 2019-00019 Scarce. Rexrded Trap Asps ana-ar City Of& Plain a nate ;he scumcy is +:- two to free fee,- - 5 - PC2019-049 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05734B (DEV2019-00019) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The property owner shall irrevocably offer to dedicate in a signed deed Public Works to the City of Anaheim, i) an easement 53 -feet in width from the Department, centerline of Anaheim Boulevard, with an exclusion for the footprint Development any existing permanent structures; ii) an easement 30 -feet in width Services Division from the centerline of Adele Street, with an exclusion for the footprint of any existing permanent structures; and iii) the corner cutback at Anaheim Blvd. and Adele Street with an exclusion for the footprint of any existing permanent structures; for road, public utilities, and other public purposes. 2 The developer shall obtain a right of way construction permit and post Public Works a security for construction of all required public improvements within Department, street right of way. Development Services Division 3 The legal property owner shall submit a Lot Line Adjustment to Public Public Works Works, Development Services for review and approval to modify or Department, merge the existing lots into one parcel. The Lot Line Adjustment and Development Conformance Deed shall be recorded prior to issuance of a building Services Division permit. 4 Provide a certificate, from a Registered Civil Engineer, certifying that Public Works the finished grading has been completed in accordance with the City Department, approved grading plan. Development Services Division 5 All requests for new water services, backflow equipment, or fire lines, Public Utilities Water as well as any modifications, relocations, or abandonments of existing Engineering water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 6 All existing water services and fire services shall conform to current Public Utilities Water Water Services Standards Specifications. Any water service and/or Engineering fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 7 The existing domestic backflow prevention device on the 2 -inch water Public Utilities Water meter serving the property is substandard (i.e. not lead free) and must Engineering be replaced per Public Utilities Department Water Engineering Division requirements. - 6 - PC2019-049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL PLANNING AND BUILDING INSPECTIONS 8 An automatic fire sprinkler system shall be designed, installed and Fire Department maintained in all structures as required by the Fire Department per NFPA-13. OPERATIONAL CONDITIONS 9 The activities occurring in conjunction with the operation of this Police Department establishment shall not cause noise disturbance to surrounding properties. 10 An admission fee for food service in conjunction with banquet events Police Department shall be permitted. An admission fee or a cover charge for nightclub purposes shall not be permitted. 11 A requirement to purchase a minimum number of drinks shall not be Police Department permitted. 12 The sale of alcoholic beverages for consumption off the premises shall Police Department be prohibited. 13 The occupancy shall not exceed the lesser of (i) the occupancy limit Police Department, for the premises established by the Anaheim Fire Department or (ii) Fire Department 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 load shall be posted in a conspicuous place on an approved sign near the main exit(s) from the room(s). 14 The rear doors, adjacent to the parking lot area, shall remain closed at Police Department all times when entertainment is permitted, except for emergency exiting and delivery purposes. 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 floor space provided for dancing shall be free of any furniture or Police Department partitions and maintained in a smooth and safe condition. 17 The managers and/or owners shall police the area under their control Police Department in an effort to prevent the loitering of persons about the premises. 18 Subject alcoholic beverage license shall not be exchanged for a public Police Department 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. 19 Individual signs shall be posted inside the banquet hall near the exit Police Department doors stating "No alcohol allowed past this point". 1 11 - 7 - PC2019-049 - 8 - PC2019-049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 20 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. 21 The managers and/or owners shall allow all patrons to self park. Valet Police Department 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/her authorized representative. 22 A maximum of four outdoor events shall be permitted within the Planning Department, parking lot area per calendar year. A Special Event Permit shall be Planning Services obtained from the Planning Department prior to the commencement Division of each outdoor event to ensure that sufficient on-site parking is provided and noise disturbances do not adversely affect surrounding properties. 23 Whenever a banquet or event is being held, security personnel shall be Police Department 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 grounds Police Department 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 permitted event or activity shall not create sound levels which Police Department violate any ordinance of the City of Anaheim. 26 Security measures shall be provided to the satisfaction of the Anaheim Police Department 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 and all 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. 27 The operation of any business under this pen -nit shall not be in Police Department violation of any provision of the Anaheim Municipal Code, State or County laws or ordinances. 28 There shall be only one event allowed at the facility at one time. No Police Department separate indoor and outdoor events allowed. 29 The business shall not be operated in such a way as to be detrimental Police Department to the public health, safety or welfare. - 8 - PC2019-049 - 9 - PC2019-049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 30 No minor under the age of sixteen (16) years shall be allowed to attend Police Department the dance or event, unless accompanied by a parent or guardian. 31 Petitioner shall not share any profits, or pay any percentage or Police Department 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. 32 That 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. 33 The hours of operation for the inside banquet facility shall be limited Police Department to 12 midnight each day of the week. Employees shall be allowed to clean-up the facility no later than 1:00 a.m. The outdoor patio must close to all patrons by 10:00 p.m. Patrons will need to move inside at that time. Amplified sound may occur in the patio area until 8:00 p.m. Only non-amplified music in the patio area (piano, acoustic guitar, harp, violin, etc.) may occur past 8:00 p.m. and must end by 9:30 p.m. 34 Individual signs shall be posted inside the banquet hall near the exit Police Department doors stating "No alcohol allowed past this point." 35 Managers/Owners need to contact the Department of Alcoholic Police Department Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) or a similar certificate training program for themselves and service employees. 36 This business shall not be operated as a nightclub or bar. Police Department 37 There shall be no entertainment, amplified music, loitering, or dancing Police Department permitted outside of the building. Any entertainment shall not be allowed on the premises unless the business owner first obtains an Entertainment Permit. 38 Trash storage areas shall be provided and maintained in a location Public Works acceptable to the Public Works Department, Streets and Sanitation Department, Streets Division and in accordance with approved plans on file with said and Sanitation Department. Said storage areas shall be designed, located and screened Division so as not to be readily identifiable from adjacent streets or 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. 39 No required parking area shall be fenced-off or otherwise enclosed for Planning Department, outdoor storage uses. Code Enforcement Division 40 The managers and/or owners shall be responsible for maintaining the Planning Department, area adjacent to the premises over which they have control, in an Code Enforcement orderly fashion through the provision of regular maintenance and Division removal of trash or debris. Any graffiti painted or marked upon the - 9 - PC2019-049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 41 Gates shall not be installed across any driveway in a manner which Public Works may adversely affect vehicular traffic in the adjacent public streets. Department, Traffic Installation of any gates shall be subject to the review and approval of Division the City Traffic and Transportation Manager. 42 Ongoing during project operations, vehicle deliveries including Public Works loading and unloading shall be performed on-site. Deliveries shall not Department, Traffic take place on any part of the public right of way. Division 43 Trash shall not be emptied into outside trash containers between the Planning Department, hours of 10 p.m. to 7 a.m. daily. Code Enforcement Division 44 The maximum occupancy shall be 282 patrons based on the proposed Planning Department, 119 parking spaces and 25 employees, pursuant to Municipal Code Planning Services parking standards. The maximum number of patrons may be modified Division by the Planning and Building Director, subject to compliance with the applicable Municipal Code standards. GENERAL CONDITIONS 45 The Applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building permits Division 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. 46 The Applicant shall defend, indemnify, and hold harmless the City and Planning Department, its officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees") from any and all Division 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. 47 The property shall be developed substantially in accordance with plans Planning Department, and specifications submitted to the City of Anaheim by the applicant Planning Services and which plans are on file with the Planning Department and as Division conditioned herein. - 10 - PC2019-049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 48 This permit shall be subject to a six (6) month review by the Planning Planning Department, Commission, commencing from the date of occupancy. Planning Planning Services Department staff will report back to the Planning Commission as a Division "Reports and Recommendations" (R&R) item in order to verify that the outdoor patio is operating without negative impacts to the surrounding neighborhood. The applicant shall pay for the cost of processing this R&R item. Future compliance reviews may be required if significant violations are identified in the future or if required by the Planning Commission. 49 Any new landscaping shall be installed in conformance with Chapter Planning Department, 18.46 "Landscape and Screening" of the Anaheim Municipal Code Planning Services and shall be maintained in perpetuity. All landscaping shall be Division replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. - 11 - PC2019-049