Resolution-PC 2007-145•
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RESOLUTION NO. PC2007-145
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT
PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05233 BE APPROVED
(1045 SOUTH EAST STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange,
State of California, described as:
PARCEL A:
PARCEL 1, 1N THE CITY OF ANAHEIM, COLTNTY OF ORANGE, STATE OF CALIFORNIA,
AS DESCRIBED AND SHOWN 1N THE LOT L1NE ADJUSTMENT NO. 456 RECORDED
SEPTEMBER 26, 2000 AS INSTRUMENT NO. 20000505937 OF SAID ORANGE COLJNTY,
CALIFORNIA.
PARCEL B:
A NONEXCLUSIVE EASEMENT FOR 1NGRESS AND EGRESS OVER THAT PORTION OF
LOT 22 OF THE ANAHEIM EXTENSION AS DESCRIBED 1N A DEED RECORDED JULY 31,
1974 IN BOOK 11208, PAGE 1927. INSTRUMENT NO. 30464 OF OFFICIAL RECORDS, IN
THE CITY OF ANAHEIM, COLJNTY OF ORANGE, STATE qF CALIFORNIA, AS SHOWN
ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF
WHICH IS RECORDED IN BOOK 3, PAGE 164, ENTITLED "LOA ANGELES. COUNTY
MAPS," IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY RIGHT-OF-WAY (100 FEET WIDE)
WITH A L1NE THAT IS PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 22 AND
DISTANT 53 FEET NORTHEASTERLY THEREFROM MEASURED AT RIGHT ANGLES;
THENCE NORTH 89°56' 12" EAST, ALONG SAID PARALLEL LINE, 576.02 FEET TO THE
TRUE POINT OF BEGINNING, BEING A POINT IN A NON-TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE TO SAID PO1NT
BEARS SOUTH 53°42' 11", AN ARC LENGTH OF 16.01 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 240.48 FEET
THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
49°20'20" AN ARC DISTANCE OF 207.08 FEET; THENCE NORTH 49'23'S6" WEST
TANGENT TO SAID CURVE, 94.06 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE EASTERLY AND HAVING A RADIUS OF 255.00 FEET, THENCE NORTHERLY,
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30°00'00" AN ARC DISTANCE
OF 151.32 FEET TO A POINT OF TANGENCY WITH A LINE THAT IS PARALLEL WITH
SAID RAILROAD RIGHT-OF-WAY; THENCE NORTH 15°23'S6" WEST, ALONG SAID
PARALLEL L1NE, 605.70 FEET TO A LINE THAT BEARS NORTH 74°36'45" EAST FROM A
POINT 1N THE EASTERLY LINE OF SAID RAILROAD RIGHT-OF-WAY DISTANT NORTH
15°23'S6" WEST THEREON 940.15 FEET FROM THE SOUTHERLY LINE OF SAID LOT 22;
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THENCE NORTH 74°36'S4" EAST. ALONG SAID LINE, 30.00 FEET; THENCE SOUTH
15°23'S6" EAST, PARALLEL WITH SAID COURSE DESCRIBED ABOVE AS HAVING A
LENGTH OF 605.70 FEET, A DISTANCE OF 605.70 FEET TO THE POINT QF TANGENCY
WITH A CURVE THAT IS CONCENTRIC WITH THAT CERTAIN CURVE DESCRIBED
ABOVE AS HAVING A RADIUS OF 255.00 FEET, SAID CONCENTRIC CURVE HAVING A
RADIUS OF 225.00 FEET; THENCE SOUTHERLY, ALONG SAID CONCENTRIC CURVE,
THROUGH A CENTRAL ANGLE OF 34°00'00", AN ARC DISTANCE OF 133.52 FEET;
THENCE SOUTH 49°23'S6" EAST, TANGENT TO SAID CONCENTRIC CURVE AND
PARALLEL WITH THAT COURSE DESCRIBED AS HAVING A LENGTH OF 94.06 FEET, A
DISTANCE OF 94.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY AND HAVING A R.ADNS OF 325.25 FEET; THENCE SOUTHERLY ALONG
SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 44°38'42", AN ARC
DISTANCE OF 253.44 FEET TO SAID LINE DESCRIBED ABOVE AS BEING PARALLEL
WITH THE SOUTHERLY LINE OF LOT 22; THENCE SOUTH 89°56' 12" WEST, ALONG
SAID PARALLEL LINE, 52.95 FEET TO THE TRUE PO1NT OF BEGINNING.
PARCEL C:
A NONEXCLUSI`IE EASEMENT FOR UTILITY PURPOSES AS DESCRIBED IN THAT
CERTAlN DOCUMENT ENTITLED "GRANT OF EASEMENT AND MAINTENANCE
COVENANTS" RECORDED MAY 10, 2000 AS 1NSTRLTMENT NO, 20000245680 OF
OFFICIAL RECORDS OVER THAT PORTION OF THE FOLLOWING INGRESS AND
EGRESS EASEMENT:
A NONEXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF
LOT 22 OF THE ANAHEIM EXTENSION AS DESCRIBED 1N A DEED RECORDED JULY 31,
1974 IN BOOK 11208, PAGE 1927, INSTRUMENT NO. 30464 OF OFFICIAL RECORDS, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF
WHICH IS RECORDED IN BOOK 3, PAGE 164, ENTITLED "LOS ANGELES COUNTY
MAPS," IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY L1NE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY RIGHT-OF-WAY (100 FEET WIDE)
WITH A LINE THAT IS PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 22 AND
DISTANT 53 FEET NORTHEASTERLY THEREFROM MEASURED AT RIGHT ANGLES;
THENCE NORTH 89°56' 12" EAST, ALONG SAID PARALLEL LINE, 576.02 FEET TO THE
TRUE POINT OF BEGINNING, BEING A POINT IN A NON-TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADNS OF 25.00 FEET, A RADIAL L1NE TO SAID PO1NT
BEARS SOUTH 53°42' 11", AN ARC LENGTH OF 16.01 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADNS OF 240.48 FEET;
THENCE NORTHERLY, ALONG SAID CURVE, THOUGH A CENTRAL ANGLE OF
49°20'20" AN ARC DISTANCE OF' 207.08 FEET; THENCE NORTH 49°23`56 WEST
TANGENT TO SAID CURVE, 94.06 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE EASTERLY AND HAVING A RADNS OF 255.00 FEET; THENCE NORTHERLY,
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30°00'00" AN ARC DISTANCE
OF 151.32 FEET TO A POINT OF TANGENCY WITH A LINE THAT IS PARALLEL WITH
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SAID RAILROAD RIGHT OF-WAY THENCE NORTH 15°23'S6" WEST, ALONG SAID
PARALLEL LINE, 605.70 FEET TO A LINE THAT BEARS NORTH 74°36'45" EAST FROM A
POINT 1N THE EASTERLY LINE OF SAID RAILROAD RIGHT-OF-WAY DISTANT NORTH
15°23'S6" WEST THEREON 940.15 FEET FROM THE SOUTHERLY L1NE OF SAID LOT 22;
THENCE NORTH 74°36'S4" EAST, ALONG SAID L1NE, 30.00 FEET; THENCE SOUTH
15°23'S6" EAST, PARALLEL WITH SAID COURSE DESCRIBED ABOVE AS HAVING A
LENGTH OF 605.70 FEET, A DISTANCE OF 605.70 FEET TO THE POINT OF TANGENCY
WITH A CURVE THAT IS CONCENTRIC WITH THAT CERTAIN CURVE DESCRIBED
ABOVE AS HAVING A RADNS OF 255.00 FEET, SAID CONCENTRIC CURVE HAVING A
RADIUS OF 225.00 FEET; THENCE SOUTHERLY, ALONG SAID CONCENTRIC CURVE,
THROUGH A CENTRAL ANGLE OF 34°00'00", AN ARC DISTANCE OF 133.52 FEET;
THENCE SOUTH 49°23'S6" EAST, TANGENT TO SAID CONCENTRIC CURVE AND
PARALLEL WITH THAT COURSE DESCRIBED AS HAVING A LENGTH OF 94.06 FEET, A
DISTANCE OF 94.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADNS OF 325.25 FEET; THENCE SOUTHERLY ALONG
SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 44°38'42", AN ARC
DISTANCE OF 253.44 FEET TO SAID L1NE DESCRIBED ABOVE AS BEING PARALLEL
WITH THE SOUTHERLY L1NE OF LOT 22; THENCE SOUTH 89°56' 12" WEST, ALONG
SAID PARALLEL LINE, 52.95 FEET TO THE TRUE PO1NT OF BEGINNING.
EXCEPTING THEREFROM THE WESTERLY 15.00 FEET THEREOF.
WHEREAS, the applicant has requested approval of a Conditional Use Permit to
establish a banquet and assembly hall to include the consumption of alcoholic beverages for an
automotive museum and events center pursuant to Code Section 18.60 of the Anaheim Municipal
Code; and
WHEREAS, the property is currently developed with two industrial buildings, the
underlying zoning is I(Industrial) and the Anaheim General Plan designates this property for
Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 26, 2007, at 2:30 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 18.60, to hear and consider 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 Section 18.10.030.010.
2. That the proposed use is located adjacent to other industrial properties, offices, and
railroad tracks. All activities associated with the automobile museum will occur within the
building, therefore, the proposed use will not adversely affect the adjoining land uses, or the growth
and development of the area in which it is proposed to be located.
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3. That the project complies with all development standards in the I zone, including the
required number of parking spaces; therefore, the size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a manner not detrimental to either the
particular area or to health and safety.
4. That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
5. That granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land
use that is compatible with the surrounding area.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal; 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 RESpLVED that the Anaheim 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 health and safety of the Citizens of the City of Anaheim:
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Responsible
COA Conditions of Approval for
Monitoring
That plans submitted for building permits shall be prepared
substantially in accordance with the plans and specifications
submitted to the City of Anaheim by the petitioner and which plans
COA 1 ~'e on file with the Planning Department marked Exhibit Nos. 1 and
2. That a note shall be added to the construction plans that prior to
final building and zoning inspections, the subject property shall be
developed in substantial accordance with the approved construction
plans.
Planning
An Emergency Listing Card, Form ADP-281 shall be completed and
submitted in a completed form to the Anaheim Police Department.
COA 2 In addition, the operator shall provide the Community Services Police
Division with a contact name and phone number in the event a
complaint is received.
The business shall not employ or permit any persons to solicit or
encourage others, directly or indirectly, to buy them drinks in the
COA 3 licensed premises under any commission, percentage, salary, or other Police
profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic
Beverage Control Act).
The number of persons attending the event shall not exceed the
maximum occupancy load as determined by the Anaheim Fire
COA 4 Department. Signs indicating the occupant load shall be posted in a Police/Fire
conspicuous place on an approved sign near the main exit(s) from the
room(s). (Section 25.114(a) Uniform Fire Code).
The business shall not be operated in such a way as to be detrimental
COA 5 to the public health, safety ar welfare. (Section 4.16.100.010 Anaheim Police
Municipal Code).
All entertainers and employees shall be clothed in such a way as to not
COA 6 expose "specified anatomical areas" as described in Section 7.16.060 Police
of the Anaheim Municipal Code.
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The floor space provided for dancing shall be free of any furniture or
COA 7 partitions and maintained in a smooth and safe condition. (Section Police
4.16.050.010 Anaheim Municipal Code).
At all times during assembly, security measures provided shall be
adequate to deter unlawful conduct on the part of employees or
patrons, or to promote the safe and orderly assembly and movement
COA 8 °f persons and vehicles, or to prevent disturbance of the Police
neighborhood by excessive noise created by patrons entering or
leaving the premises. The security measures implemented for each
event, including the number of security guards shall be subject to
review and approval by the Police Department.
Any and all security officers provided shall comply with all State
COA 9 and Local ordinances regulating their services, including, without police
limitation, Chapter 11.5 of Division 3 of the California Business and
Profession Code.
No minor under the age of sixteen (16) years shall be allowed while
COA 10 alcohol is being consumed on the premises, unless said minor(s) are Police
accompanied by a parent or guardian.
COA 11 No "happy hour" type of reduced price alcoholic beverage police
promotion shall be permitted.
The applicant shall ensure that on-site security police the area under
COA 12 their control in an effort to prevent the loitering of persons about the Police
premises.
The applicant shall not share any profits, or pay any percentage or
commission to a promoter or any other person, based upon monies
COA 13 collected as a door charge, cover charge, or any other form of Police
admission charge, including minimum drink orders, or the sale of
drinks.
COA 14 If an Alcoholic Beverage License is applied for, the applicant shall planning
comply with all ABC (Alcoholic Beverage Control) requirements.
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That 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
COA 15 original intent and purpose of the condition(s), (ii) the modification Planning
complies with the Anaheim Municipal Code and (iii) the applicant
has demonstrated significant progress toward establishment of the
use or approved development.
That on-going during proj ect operation, the property shall be
permanently maintained in an orderly fashion through the provision
COA 16 of regular landscaping maintenance, removal of trash or debris, and Planning
removal of graffiti within twenty-four (24) hours from the time of
discovery.
That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
COA 17 ~aheim Municipal Zoning Code and any other applicable City, planning
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.
That extensions for further time to complete conditions of approval planning
COA 18 may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim 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 the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or
the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of November 26, 2007. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
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CHA AN~, ANAHEIM PLAI~NING COMMISSION
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ATTEST:
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SENIOR SE~'RETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COLJNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on November 26, 2007, by the following vote of the members thereof:
AYES: COMMISSION: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSION: NONE
ABSENT: COMMISSION: NONE
w_ '^ IN WITNESS WHEREOF, I have hereunto set my hand this Z~~~- day of
~W ~'~"W/~/ , 2007.
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SENIOR~SECRETARY, ANAHEIM PLANNING COMMISSION
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