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Resolution-PC 2003-145• RESOLUTION NO. PC2003-145 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04777 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain reat property situated in the City of Anaheim, County of Orange, State of California, described as: THE NORTH 253.00 FEET OF THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 24, IN TOWNSHfP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES,. CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; EXCEPT THE WEST 14 ACRES OF SAID NORTH ONE-HALF; ALSO EXCEPTING THE EAST 195 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 3, 2003 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 cons.ider evidence for and against said proposed conditional use permit_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 the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.44.050.010 and 18.44.050.135 to wit: to establish land use conformiry with existing Zoning Code land use requirements for a legal nonconforming commercial retail center and to expand an existing legal-nonconforming bar with waiver of the following: Sections 18.06.050.020.022 18.06.050. 020.023.0231 18.06.05Q.020.023.0233 18.06.050. 020. 02340234 18.06.050. 020.023.0235 and 18.44.066.050 Minimum number of parkinq spaces. (115 spaces required; 67 spaces proposed, and concurred with by the Traffic and Transportation Manager) 2. That the waiver, based on the parking study submitted by the applicant and under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of the use. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate viciniry of the proposed use. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code). cr\PC2003-145.doc -1- PC2003-145 • ~ 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 7. That the size and shape of the site for the proposed uses is adequate to allow full development of said uses in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 8. That the traffic generated by the proposed uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. That the proposed uses, as conditioned herein, will not adversely affect the adjoining land uses and the growih and development of the area in which they are located. 10. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety, and generaf welfare of the citizens of the City of Anaheim. 11. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Ciry Planning Commission has reviewed the proposal to establish land use conformity with existing Zoning Code land use_r_equirements for a legal nonconforming_com .m. ercial retail ceniec a^d io_expand_an exisiing legal nonconforming bar with waiver of minimum number of parking spaces on a rectangularly-shaped 0.94-acre property having a frontage of 210 feet on the south side of Ball Road and a maximum depth of 196 feet, being located 210 feet west of the centerline of Dale Avenue, and further described as 2820- 2822 West Ball Road (Lemon Twist); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the 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 RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: Bar That the hours of operation shall be limited to 11 a.m. to 2 a.m., daily. 2. That the sale of alcoholic beverages for consurnption off the premises shall be prohibited. 3. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without the proper permits having first been obtained as required by the Anaheim Municipal Code. 4. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 5. That all doors serving subject establishment shall comply with the requirements of the Uniform Fire Code, and shall be kept closed and unlocked at all times when in operation. -2- PC2003-145 • • 6. That all employees shall be clothed in such a way so as to not expose "specified anatomical areas" as described in Section 7.16.060 (Public Nudity - Prohibited) of the Anaheim Municipal Code. 7. That at all times when entertainment or dancing is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department 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. 8. That the parking lot serving the premises shall be equipped 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 as not to unreasonably illuminate the windows of nearby residences. 9. That there shall be no amusement machines, video game devices, or pool tables maintained upon the premises without the proper permits having first been obtained as required by the Anaheim Municipal Code. 10. That the business operator shall comply with Section 24200.5 of the Alcoholic Beverage Control Act so as not to employ or permit any persons to solicit or 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. 11. That no admission fee, cover charge, or minimum purchase shall be required. 12. That 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 Professions Code. Commercial Retail Center 13. That the total number of tenant spaces shall be limited to eight (8) units. 14. That roof-mounted balloons or other inflated devices shall not be permitted on the property. 15. That no outdoor vending machines which are visible to the public right-of-way shall be permitted on the property. 16. That all existing and proposed public telephones shall be located inside the building. 17. That there shall be no outdoor storage permitted on the premises. 18. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or rrierchandise storage or display. 19. That four (4) foot high street address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, approval. 20. That any existing or proposed roof-mounted equipment shall be subject to the screening requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. Said information shall be specifically shown on plans submitted to the Zoning Division and Building Division for review and approval. -3- PC2003-145 • ~ 21. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 22. That all sign cabinets for wall signs and the freestanding signs shall be fitted with copy panels. 23. That the property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 360 (permitting a hofbrau) and Conditional Use Permit No. 980 (permitting sale of alcoholic beverages for on-premises consumption and expansion of a restaurant). 24. That the properry owner shall install landscape triangles within the row of parking spaces adjacent to Bal~ Road in order to plant a least ten (10) trees as required by the Zoning Code. Said information shall be specifically shown on plans submitted to the Zoning Division for review and approval. Any decision by the Zoning Division may be appealed to the Planning Commission as a'Reports and Recommendations' item. 25. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 26. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division. 27. T-~iat-~ub}~ct--pKOperty-shaA be deueloped. substanti~lly in-accord~nce witb-plaas 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 and 2, and as conditioned herein. 28. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 19, 20, 23, 24 and 25, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 29. That prior to commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 22 and 27, above-mentioned, shall be complied with. 30. 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. BE IT FURTHER RESOLVED that the Anaheim City 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 unless conditions to the contrary are expressly imposed upon the granting of the parking waiver by the Planning Commission pursuant to Section 18.06.080 (Variances From Provisions of Chapter), the granting of this waiver shall be deemed contingent upon operation of the approved uses in conformance with the assumptions relating to the operation and intensity of the uses as contained in the parking demand study that formed the basis for approval of the 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 express conditions imposed -4- PC2003-145 . ~ upon this waiver which shall subject the waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 3, 2003. ~ RPERSON, ANAHEIM CITY PLANNING COMMISSION A IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior 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 November 3, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT _ _ _ NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WfTNESS WHEREOF, I have hereunto set my hand this ~J~Jday of , 2003. IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2003-145