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Resolution-PC 2008-5• • RESOLUTION NO. PC2008-5 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND AMENDING CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT N0.2004-04952 (TRACKING NO. CUP2007-05254) OF RESOLUTION NO. PC2005-28, ADOPTED THEREWITH (PARCEL 1:401 AND 407 NORTH ANAHEIM BOULEVARD, PARCEL 2: 400, 408, 416 AND 424 NORTH ANAHEIM BOULEVARD, AND PARCEL 3: 113 WEST ADELE 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: THE ORIGINAL BUILDING LOT 5, AS SHOWN ON MAP OF LANDS OF ANAHEIM, BOOK 4 PAGES 629 AND 630 DEEDS RECORDS OF LOS ANGELES COUNTY. EXCEPTING THEREFROM THAT PORTION THEREOF AS GRANTED TO PETER J. WEISEL INDEED RECORDED JANUARY 6, 1904, IN BOOK 98, PAGE(S) 364, DEEDS, RECORDS OF ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF AS GRANTED TO FREDERICK W. KELLOGG, IN DEED RECORDED MARCH 20, 1923, IN BOOK 462, PAGE 94 DEEDS, RECORDS OF SAID ORANGE COUNTY. LOT 5 IN BLOCK A OF HEIMANN AND GEORGE'S MAP OF ADDITION BUILDING-LOTS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE 349 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. 408 N. ANAHEIM BOULEVARD -LOTS 2 AND 3 OF BLOCK A OF THE HEIMANN AND GEORGE'S MAP OF ADDITION BUILDING LOTS, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 2, PAGE 249 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. 416 AND 417 NORTH ANAHEIM BOULEVARD -THE WESTERLY 122 FEET OF THE SOUTHERLY 81 % FEET OF LOT 1 IN BLOCK "A" OF HEIMANN AND GEORGE'S MAP OF ADDITION BUILDING LOTS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP THEREOF RECORDED IN BOOK 2, PAGE 249, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. THE SOUTHERLY 40.5 FEET IN THE EASTERLY 110 FEET OF LOT 1 IN BLOCK A OF HEIMANN AND GEORGE'S ADDITION TO ANAHEIM, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 2, PAGE 249, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CA. 424 NORTH ANAHEIM BOULEVARD -THAT PORTION OF LOT 1 IN BLOCK A OF HEIMANN AND GEORGE'S ADDITION TO ANAHEIM, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 249 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: -1- PC2008-5 • BEGINNING AT A POINT ON THE EASTERLY LINE OF LOS ANGELES STREET, AS IT EXISTED ON JiJNE 28, 1973, SAID POINT BEING 100.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY LINE, 100.00 FEET TO SAID NORTHERLY LINE; THENCE EASTERLY ALONG SAID NORTHERLY LINE, 119.50 FEET TO A POINT 112.00 FEET, MEASURED ALONG SAID NORTHERLY LINE, WEST OF THE WEST LINE OF HERMINE STREET (NOW KNOWN AS CLAUDINA STREET), AS SHOWN ON SAID MAP; THENCE AT RIGHT ANGLES SOUTHERLY AND PARALLEL WITH SAID EASTERLY LINE, 100.00 FEET; THENCE AT RIGHT ANGLES WESTERLY AND PARALLEL WITH SAID NORTHERLY LINE, 119.50 FEET TO THE POINT OF BEGINNING. WHEREAS, on February 23, 2005, the Anaheim Planning Commission, by Resolution No. PC2005-28, approved Conditional Use Permit No. 2004-05254 to permit a public dance hall, banquet hall and a community religious assembly facility with on-premises sales and consumption of alcoholic beverages and anoff--site parking lot; and WHEREAS, said Resolution No. PC2005-28 includes the following conditions of approval: "1. That this conditional use permit shall expire two (2) years from the date of this resolution, on February 23, 2007. 50. That subject property shall be developed and maintained 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, 2, and 3 and as conditioned herein." WHEREAS, the property is currently under construction for a public dance hall, the underlying zoning is C-G (General Commercial) and the Anaheim General Plan designates this property for Mixed Use land uses; and WHEREAS, the applicant has requested an amendment of this conditional use permit to modify the above-mentioned conditions of approval pursuant to Code Section No. 18.60.190 of the Anaheim Municipal Code; and WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain apreviously-approved public dance hall, banquet hall and a community religious assembly facility with on-premises sales and consumption of alcoholic beverages and anoff-site parking lot and to remove the time limitation pursuant to Code Section 18.60 of the Anaheim Municipal Code; and -2- PC2008-5 • • WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 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 "Procedures", 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 that said public hearing was continued to the January 7, 2008, Planning Commission meeting; 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 reinstatement of this permit and the deletion of conditions of approval pertaining to a time limitation to retain apreviously-approved public dance hall, banquet hall and community and religious assembly with on-premises sales and consumption of alcoholic beverages and anoff-site parking lot is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 (Community and Religious Assembly, Private Commercial Recreation Indoor, Alcoholic Beverage Sales) and Section 18.60.180 (Reinstatement of atime-limited permit) of the Anaheim Municipal Code. 2. 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. 3. 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 area. 4. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 5. That the banquet hall and a community and religious assembly facility with on-premises sales and consumption of alcoholic beverages as conditioned herein and with the operational restrictions stipulated by the applicant including valet service, security and contractual restrictions will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 6. That 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 the particular area or to the health and safety provided that valet service is offered and that security is employed to deter any unlawful conduct and to prevent disturbance to adjacent residential neighborhoods; 7. That the 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. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. -3- PC2008-5 • ~~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby reinstate Conditional Use Permit No. 2004-05254 to permit a public dance hall, banquet hall and a community and religious assembly facility with on-premises sales and consumption of alcoholic beverages and anoff--site parking lot with a cover charge. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the conditions of approval of Resolution No. PC2005-28, in their entirety, pertaining to Conditional Use Permit No. 2004-04952, as follows: COA Conditions of Approval Responsible for Monitoring PRIOR T O ISSUANCE. OF GRADING PERMIT COA1 That prior to the issuance of a grading permit for the parking lot, the Public Works - applicant shall submit to the Fublic Works Department, Development Development Services Division for review and approval a Water Services Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan (DAMP). • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. PRIG T O FINAL BUILDINGAND ZONING INSPECTIONS COA2 That final parking lot plans for Parcel 3 shall be submitted to the Planning Planning Services Division for review and approval as to the number, dimension, and design of the parking lot. Any decision by staff made be appealed to the Planning Commission as a "Reports and Recommendations" item. -4- PC2008-5 COA Conditions of Approval Responsible for Monitoring COA3 That final sign plans shall be submitted to the Planning Services Planning Division for review and approval as to number, size, placement, design and materials. Any decision by staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item. COA4 That prior to issuance of certificate of occupancy, the applicant Public Works - shall: Development • Demonstrate that all structural BMPs described in the Project Services WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. COAS That the developer shall construct tree wells and street trees along Public Works - Adele Street between Anaheim Blvd and Claudina Street. A bond Development shall be posted for the required improvements in an amount Services approved by the City Engineer and a form approved by the City Attorney prior to issuance of a grading permit. A Right of Way Construction Permit shall be obtained from the Development Services Division of the Public Works Department for all work performed in the public right-of--way. The improvements shall be constructed prior to final building and zoning inspections. If the application for the abandonment of Adele Street is not approved, or not submitted within six (6) months of the date of this resolution, that an 8-foot wide landscaped parkway and a 4-foot wide sidewalk shall be installed along Adele Street in conformance with Public Works Detail No. 160-A. COA6 That a menu shall be provided prior to final building and zoning Planning inspections indicating that premises will be operated as a bona fide restaurant. Police COAT That subject property shall be developed and maintained Planning 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.l, 2, and 3 and as conditioned herein. -5- PC2008-5 • COA Conditions of Approval Responsible for Monitoring GEN RAL COA8 That at all times when the premises is open for business, the Planning premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. COA9 That these conditions of approval may be modified after six (6) Planning months of operation to consider modifications of the operational characteristics and hours of operation. Modifications may include extending hours of operations Sunday through Wednesday if deemed appropriate by the Planning Commission. COA10 The second story shall be maintained as a restaurant during business Code hours. Enforcement COA11 That loitering shall be prohibited on or around the premises. Planning Police COA12 That subject alcoholic beverage license shall not be exchanged fora Planning public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Police California Business and Professions Code. COA13 That the gross sales of alcoholic beverages shall not exceed 40% of Planning gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcohol and other items. These records shall be made available for inspection by any City of Anaheim official during reasonable business hours. COA14 That the sales of alcohol for off-premises consumption shall be Planning prohibited. Police COA15 That there shall be no exterior advertising of any kind or type, Planning including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police COA16 That there shall be no public telephones on the premises located Planning outside the building. COA17 That a valid business license shall be obtained from the City of Planning Anaheim, Business License Division. -6- PC2008-5 • ~~ COA Conditions of Approval Responsible for Monitoring COA18 That the property shall be permanently maintained in an orderly Planning fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. COA19 That any tree and/or landscaping planted on-site shall be replaced in Planning a timely manner in the event that it is removed, damaged, diseased and/or dead. COA20 That gates shall not be installed across any driveway in a manner, Public Works - which may adversely affect vehicular traffic in the adjacent public Traffic streets. Installation of any gates shall conform to Engineering Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. COA21 That plans shall be submitted to the City Traffic and Transportation Public Works - Manager for his review and approval showing conformance with the Traffic current version of Engineering Standard Plan Nos. 436 and 470 Engineering pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. COA22 That the business on Parcel 1 shall provide a complementary valet Planning service to minimize pedestrian crossing on Anaheim Boulevard. Information pertaining to the valet service shall be provided to potential customers holding private events at this facility. COA23 That the property owner shall provide a loading zone for the valet Planning parking service. A valet and access plan shall be submitted to the Traffic and Transportation Manager and Police Department for review and approval. COA24 That no required parking area shall be fenced or otherwise enclosed Planning for outdoor storage uses. COA25 That roof-mounted equipment shall be screened from view in Planning accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the CG (General Commercial) Zone. COA26 That trash storage areas shall be provided and maintained in a Planning location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. -7- PC2008-5 • COA Conditions of Approval Responsible for Monitoring COA27 That the project shall provide for truck deliveries on-site. Planning COA28 That adequate lighting of parking lots, driveway, circulation areas, Police aisles, passageways, recesses and grounds 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 persons, property, and vehicles on-site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. COA29 That an on-site trash truck turnaround shall be provided per Public Works - Engineering Standard Detail No. 610. Sanitation COA30 That the permitted event or activity shall not create sound levels Planning which violate any ordinance of the City of Anaheim. COA31 That at all times that dancing is being permitted, security measures Police 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 of persons and vehicles, or to prevent disturbance of the 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 for each area of the premises shall be subject to review and approval by the Police Department. COA32 That no minor under the age of twenty-one (21) years shall be Police allowed to attend the dance area when the premises is open to the public. COA33 That during private events, no minor under the age of sixteen (16) Police years shall be allowed to attend the dance area, unless accompanied by a parent or guardian. COA34 That any and all security officers provided shall comply with all Planning State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Police Business and Profession Code. COA35 That the sale of alcoholic beverages for consumption off the Police premises shall be prohibited. -8- PC2008-5 i COA Conditions of Approval Responsible for Monitoring COA36 That the number of persons attending the event shall not exceed the Fire maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. COA37 That the doors shall remain closed but unlocked at all times that Police entertainment is permitted, except during times of entry or exit, emergencies and deliveries. COA38 That all employees shall be clothed in such a way as to not expose Police "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. COA39 That the business shall not employ or permit any persons to solicit Police 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. COA40 That the floor space provided for dancing shall be free of any Police furniture or partitions and maintained in a smooth and safe condition. COA41 That there shall be no amusement machines, video game devices, or Code pool tables maintained upon the premises without issuance of proper Enforcement permits as required by the Anaheim Municipal Code. COA42 That the petitioner(s) shall police the area under their control in an Police effort to prevent the loitering of persons about the premises. COA43 That no alcohol shall be allowed in the patio area. Signs shall be Police posted at doors stating "No alcohol beyond this point". COA44 That the petitioner shall not share any profits, or pay any percentage Police or 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. COA45 That the business owner shall require a written agreement for private Planning parties that enforces the rules and regulations pertaining to alcohol consumption for private events. COA46 That there shall be no outdoor special events. No banners and Planning balloons shall be displayed at 401 and 407 North Anaheim Boulevard unless a Special Event Permit is first obtained. -9- PC2008-5 • COA Conditions of Approval Responsible for Monitoring COA47 That the hours of operation shall be limited to 7 a.m. to 12 a.m. Planning Sunday through Wednesday and 7 a.m. to 2 a.m. Thursday through Saturday. COA48 That the business is responsible for maintaining free of litter the area Police adjacent to the premises over which they have control. COA49 That trash shall not be emptied into outside trash containers between Police the hours of 10 p.m. to 7 a.m. daily. COA50 That the any permitted event or activity shall not create sound Planning levels, which violate any ordinance of the City of Anaheim as described in Section 4.16.100.010 of the Anaheim Municipal Code. Police COA51 That there shall be no amplified music permitted on outdoor patio Police and balcony areas. COA52 That all doors for outdoor patio and balcony areas shall remain Police closed and unlocked during business hours. Said doors shall be equipped with aself-closing device. COA53 That the business shall not be operated in such a way as to be Police detrimental to the public health, safety or welfare. COA54 That there shall be no requirement to purchase a minimum number Police of drinks. COA55 That alcoholic beverages cannot be included in the price of Police admission. COA56 That no person under the age of twenty-one (21) shall sell or deliver Police alcoholic beverages. COAS? That the business operator shall provide contact information or 24- Planning hour access line to the Planning Services Division and Police Department. Police COA58 That the management shall a-mail a monthly calendar of Police entertainment entertainers to the Police Department, Vice Detail, to the attention of mmirwin(c~anaheim.net. COA59 That any violation of the application, or any attached conditions, Planning shall be sufficient grounds to revoke the permit. -10- PC2008-5 • • COA Conditions of Approval Responsible for Monitoring COA60 That the use of all pyrotechnical material, special effects and Fire fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. COA61 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 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 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 7 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, 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 maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ~AHEIM PLAI~dI~~NG COMMISSION ATTEST: <. l SENIOR S>~I2ETARY, ANAHEIM PLANNING COMMISSION -11- PC2008-5 STATE OF CALIFORNIA ) COUNTY 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 January ?, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAI~I, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2008. ~~~- SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -12- PC2008-5