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Resolution-PC 2000-112• RESOLUTION NO. PC2000-112 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3935 FOR ONE YEAR, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-92, AS AMENDED, ADOPTED THEREWITH (CUP Tracking No. 2000-04255) WHEREAS, on July 21, 1997, Resolution No. PC97-92 was adopted by the Planning Commission to grant Conditional Use Permit No. 3935 and permit a 2,875 square foot restaurant and 5,760 square foot banquet facility for one year on property located at 1125 North Magnolia Avenue with on-premises sale and consumption of alcoholic beverages and waiver of minimum number of parking spaces; and WHEREAS, said Resolution No. PC97-92 was subsequently amended by Resolution Nos. PC98-137 and PC99-146 to approve retroactive time extensions to comply with certain conditions of approval and reinstate the use permit for additional periods of time, the last reinstatement having expired on July 21, 2000; and that the land use entitlement granted under subject use permit has not yet been exercised; and WHEREAS, this property is developed with a 28,640 square foot commercial office building with a 1,886 square foot auxiliary storage building in the CL (Commercial, Limited) zone; that the property is located within the West Anaheim Commercial Corridors Redevelopment Project Area; and that the Land Use Elernent of the Anaheim ~General Plan designates the property for General Commercial land uses; and WHEREAS, the applicant has requested reinstatement of this use permit under authority of Code Section 18.03.093 to provide additional time, to commence operation of the previously-approved restaurant and banquet facility; that the restaurant has not begun operation although building permits have been issued and all conditions of ap,proval have been complied with; and that the applicant has indicated that no changes are proposed to the originally approved operation or physical development of the facility; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 25, 2000, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. That no changes have occurred in the surrounding land uses or in the tenants of the subject building that would render this use incompatible with adjacent properties or nearby businesses. 2. That the proposed restaurant and banquet facility are consistent with the General Commercial land use designation for this property. 3. That there have been no Code amendments since this conditional use permit was originally granted, which amendments would impact this property, nor has the project been modified to include additional Code waivers. ' 4. That there are no outstanding complaints or Code violations regarding this property. CR4054PK.doc -1- PC2000-112 • • 5. That the use, as reinstated and amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 6. That the size and shape of the site for the use, as reinstated and amended, is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 7. That the traffic generated by the use, as reinstated and amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 9. That one concerned person spoke at the public hearing; that no one indicated their presence in opposition; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reinstate this conditional use permit under the authority of Code Section 18.03.093 to permit a previously-approved 2,876 square foot restaurant and 5,760 square foot banquet facility with on-premises sale and consumption of alcoholic beverages and waiver of minimum number of parking spaces on a rectangularly-shaped 1.5-acre property having a frontage of 280 feet on the west side of Magnolia Avenue and a maximum depth of 250 feet, being located 280 feet north of the centerline of La Palma Avenue, and further described as 1125 North Magnolia Avenue (Magnolia Plaza Office Building); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3935 is adequate to senre as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT ~tESOLVED that the Anaheim City Planning Commission does hereby reinstate Conditional Use Permit No. 3935 for one year from the date of issuance of a Certificate of Occupancy; and that Resolution No. PC97-92, as amended by Resolution Nos. PC98-137 and PC99- 146 and adopted in connection with Conditional Use Permit No. 3935, is hereby amended in its entirety to read as follows: That this conditional use permit shall expire one (1) year after the Building Division issues the Certificate of Occupancy. , 2. That the trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. 3. That the trash storage area(s) shall be maintained in location(s) acceptable to the Streets and Sanitation Division and in accordance with approved plans on file with the Public Works Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or hi~,ghways. Clinging vines, planted on maximum three (3) foot centers, or tall shrubbery shall be planted and maintained adjacent to the trash enclosure(s). 4. That this establishment shall be operated as a"bona fide public eating place" as defined by Section 23038 of the California Business and Professions Code. 5: That there shall not be any off-street or walk-in sale of alcoholic beverages; and that alcoholic beverages shall only be served at banquets in the banquet facility and not in the restaurant. 6. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type -2- PC2000-112 • • license nor shall this establishment be operated as a"public premises" as defined in Section 23039 of the California Business and Professions Code. 7. That the sale of alcoholic beverages for consumption off the premises shall be prohibited. 8. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from inside the building, promoting or indicating the availability of alcohol beverages, with the exception of one (1) sign reading "cocktails." 9. That the activities taking place in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 10. That there shall be no pool tables or coin-operated games maintained upon the premises at any time. 11. That the parking lot serving the premises shall be maintained with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby businesses. 12. That the business hours of operation for this proposal shall be limited to the following, as stated by the petitioner: Restaurant: 11 a.m. to 11 p.m., seven (7) days per week Banquet facility: 6 a.m. to 11 p.m. on weekdays 11 a.m. to 11 p.m. on weekends 13. That the maximum capacity for the banquet facility shall be limited to the following, as specified by the City Traffic and Transportation Manager: ~ 8 a.m. to 5 p.m.: Sixty (60) persons After 5 p.m.: Two h~undred thirty (230) persons 14. That at all times when entertainment or dancing is permitted, security shall be provided to the satisfaction of the Anaheim Police De:partment to deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 15. That all doors serving the restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries, and in cases of emergency. 16. That no public telephones on the property and within the control of the applicant shall be located outside the building. 17. That granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modifieation pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 18. That a valid city business license shall be obtained from the Business License Division of the Anaheim Finance Department. -3- PC2000-112 • • 19. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to review and approval by the Commission as a':Reports and Recommendations" item and shall comply with all signing requirements of the CL (Commercial Limited) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 20. That three (3) foot high street address numbers shall be maintained on the roof of the building in a color contrasting to the roofing material; and that said numbers shall not be visible to the ground level. 21. That window signs shall not be permit~ed. 22. That the applicant shall be responsible for maintaining the premises free of litter at all times. 23. (a) That no banners, pennants or balloons shall be permitted unless a Special Event Permit is first obtained from the Zoning Division. (b) That roof-mounted balloons shall not be permitted at any time. 24. That vending machines shall not be visible to any public right-of-way. 25. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 26. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurren~e. 27. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2a, 2b, 3 and 4, and as conditioned herein. 28. That prior to final building and zoning inspections, Condition Nos. 2, 3, 18, 20 and 27, above- mentioned, shall be complied with. 29. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 25, 2000. CHAIRPERSO , ANAH IM CITY PLANNING COMMISSION ATTEST: ~ILUKJ dW"~I~W' SEC TARY NAHEIM CITY PLANNING COMMISSION -4- PC2000-112 ~ ! STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 September 25, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this v" day of , 2000. . SE RETA , ANAHEIM CITY PLANNING COMMISSION _5_ PC2000-112