Resolution-PC 2008-48RESOLUTION NO. PC2008-48
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND
REINSTATING AND APPROVING CONDITIONAL USE PERMITNO. 3935 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002-144,
AS AMENDED, ADOPTED THEREWITH
(TRACKING NO. CUP2006-05115)
(1125 NORTH MAGNOLIA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real properiy in the City of Anaheim, County of Orange, State of
California, shown on Exhibit A, attached hereto and incorporated herein by this reference.
WHEREAS, on June 21, 1997, Resolution No. PC97-92 was adopted by the Planning
Cominission approving Conditional Use Permit No. 3935 to permit a 2,87~ squaze foot restaurant
and 5,760 square foot banquet facility with on-premises sale and consumption of alcoholic
beverages with waiver of minimum number of parking spaces and that the use permit would e~pire
on July 21, 1999; and
WHEREAS, on August 2, 1999, Resolution No. PC99-146 reinstated Conditional Use
Permit No. 3935 and amended conditions to specify that the use permit would expire on July 21,
2000; and
WHEREAS, on September 25, 2000, Resolution No. PC2000-112 reinstated
Conditional Use Permit No. 3935 and amended the condirions of approval in their entirety including
that the use permit would expire one yeaz after the Building Division issued the Certificate of
Occupancy; and
WHEREAS, on June 29, 3001, the Building Division issued the Certificate of
Occupancy and, therefore, the use permit expired on June 29, 2002; and
WHEREAS, on September 23, 2002, Resolution No. PC2002-144 reinstated
Conditional Use Permit No. 3935 and amended conditions to specify that the use pemut would
expire on December 29, 2005; and
WHEREAS, the applicant has requested an amendment to this conditional use permit
to retain a previously-approved restaurant and banquet facility with on-premises sale and
consumption of alcoholic beverages in conjunction with medical office uses with a modification to
the waiver of required parking and to remove the time limitation pursuant to Code Section 18.60 of
the Anaheim Municipal Code; and
WHEREAS, the Planning Cominission did hold a public hearing at the Civic Center in
the City of Anaheim on Apri138, 2008, at 2:30 p.in., 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 pennit
and to investigate azid make findings and recommendations in connection therewith; and
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WHEREAS, said Commission, after due inspection, investigafion and study made by
itself and in its behalf, and after due considerarion of all evidence and reports offered at said
hearing, does find and determine the following facts
1. That the proposed reinstatement of this permit and the delefion of the condition of
approval pertaining to a time limitation to retain a previously-approved restaurant and banquet
facility with on-premises sale and consumption of alcoholic beverages is properly one for which a
conditional use permit is authorized.
2. That the aforesaid waiver of minimum parking spaces is approved to be modified to
convert 5,755 square feet of professional office area into medical office azea. Pazking counts were
conducted with the highest parking occupancy of 48 stalls for 21,OS0 square feet of occupied space
or 2.28 pazking spaces per thousand squaze feet. At the building's existing utilization, the building
is forecasted to have a peak demand of 52 spaces. The conversion of the office azea to medical
office uses would require L additional parking spaces under City Code. Therefoxe, tt~e expected
peak parking demand would be 64 spaces and the site has an existing pazking supply of 104 spaces.
3. That the proposal, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the use permit has been
operated in substantially the same manner as originally approved by the Planning Commission.
4. That the Code Enforcement Di~~ision indicates that no complaints have been received
regarding the operation of this business, the conditions of approval have been complied with and the
property is being properly maintained.
5. That the facts necessary to support each and every required showing for the original
entitlement exist.
6. That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the azea.
7. That granting this reinstatement, under the condirions imposed, will not be
detrimental to the peace, health and safety of the citizens of the City of Anahenn.
8. That no one indicated their presence at said public hearing in opposirion; and that no
correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has
reviewed the proposal and does hereby find that the Negative Declaration previously approved in
connecfion with Conditional Use Permit No. 3995 (Tracking No. CUP2006-05115) is adequate to
serve as the required environmental documentation in connection with this request.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim Planning
Commission does hereUy reinstate and approve Conditional Use Permit No. 3935 and amend, in its
entarety, the conditions ofapproval adopted in connection with Resolution No. PC2002-144 as
follows:
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No. Conditions of Approval Responsible fox
Monitorin
GENERAL
1 That trash storage area(s) shall be maintained in accordance with Planning
approved plans on file with the Public Works Department, Streets
and Sanitation Division. The wal]s of the storage areas shall be
protected from graffiti opportunities by the use of plant materials
such as minimum one (1) gallon sized clinging vines planted on
ma~cimum three (3) foot centers, or tall shrubbery.
2 That this establishment shall be operated as a"bona fide public Code Enforcement
eating place" as defined in Section 238038 of the California
Business and Professions Code.
3 That there shall not be any off-street or walk-in sale of alcoholic Police
beverages; uid that the service of alcoholic beverages shall be at
banquets in the banquet facility only, and not in the restaurant.
4 That subject alcoholic beverage license shall not be exchanged for Police
a public premises (bar) type license, nor shall the establishment be
operated as a`public premises' as defined in Section 23039 of the
Califomia Business and Professions Code.
5 That the sale of alcoholic beverages for consumption off the Police
premises shall be prohibited.
6 That there shall be no exterior advertising of any kind or type, Code Enforcement
including advertising directed to the exterior from inside the
premises, promoting or indicating the availability of alcoholic
beverages, with the exception of one (1) sign indicating
"cocktails".
7 That the activities taking place in conjunction with the operation Code Enforcement
of this establishment shall not cause noise disturbance to
sunounding properties.
8 That there shall be no pool tables or coin-operated games Code Enforcement
maintained upon the premisas at any rime.
9
This conditio~i of approval was deleted at tlae public hearing.
10 That the banquet facility shall have a maximum capacity of 60 Code Enforcement
persons during the hours of 8 a.m. to 5 p.m. and 230 persons
during the evening hours after 5 p.in.
11 That at all times when entertaimnent or danciug is permitted, Police
security shall be rovided to the satisfaction of the Anaheim Police
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Deparhnent 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.
12 That all doors serving subject restaurant and banquet facility shall Code Enforcement
conform to the requirements of the Uniform Fire Code and sha11
be kept closed and unlocked at all times during hours of operarion
except for ingress/egress, deliveries, and in cases of emergency.
13 That window signs shall not be permitted. Code Enforcement
14 That the subject property shall be developed substantially in
accordance with plans and specifications submitted to the City of
Anahenn by the applicant and which plans are on file with the
Planning Deparhnent marked E~ibit Nos. 1, 2.a, 2.b, 3 and 4.
1~ That approval of this application constitutes approval of the Planning
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal reo lations. 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 Planning Commission does hereby
find and deternune that adoption of this Resolution is expressly predicated upon applicanYs
compliance with each and all of the conditions hereinabove set forth. Should any such condifion, or
any part thereof, be declazed invalid or unenforceable by the final judgment of the court of competent
jurisdic6on, then this Resolution, and any approvals herein contained, shall be deemed null and void.
AND BE IT FURTHER RESOLVED that the property ownex/applicant is responsible
for paying all chazges related to the processing of this discretionary case application within 15 days of
the issuance of the final invoice, prior to the issuance of building pemuts or commencement of
acrivity for this project, whichever occurs first. Failure to pay all chazges sha11 result in delays in the
issuance of required permits or the revocarion of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meetino
of April 28, 2008. 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
CHAI , NAHEIM P ING COMMISSION
ATTEST:
/C I~ ~.rz~ /"i~6-~-~0
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commassion, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of Yhe Anaheim Planning
Commission held on Apri138, 2008, by the following vote of the members thexeo£
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
ICARAICI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~ A/ , 2008.
SENIOR SECRETARY, ANAHEIM FLANNING COMMISSION
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Subject Property
Conditional Use Permit No. 3935
(Tracking No. CUP2006-05115)
1125 North Magnolia Avenue
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Source: Recorded Trad Maps and/or Ciry GIS.
Please note the accurecy is +/- two lo frve feet.
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; ~ LA PALMA AVENUE