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Resolution-PC 2009-060RESOLUTION NO. PC2009-060 A RESOLUTION OF THE ANAHEIM CITY FLANNING COIvIMISSION APPIZOVING A CLASS l CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05417 (1238 SOUTH BEACH BOULEVARD) WHEREAS, the Anaheim City Plaoning Commission did receive a verified Petition for a Condi[ional Use Permit to permit church services and a banquet facility with alcohol service in an existing two-story building on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the property is located in the General Commercial (GG) zone and is designated for Neighborhood Center land uses in the City of Anaheim General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the Ciky of Anaheim on May 27, 2009, at 230 p.m., notice of said public hearing bavi~g been duly given as reqaired by law and in accordance with t6e provisions of Che Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after d~e inspecCion, lnvesCigation and study ma~e by itself and in its bek~alf, and after due consideration of all evidenee and reporCS offered at said hearing with respect to the requesC for a canditional use permit, does find and determine the followiog facts: 1. That a church and banquet facility with alcoho] service in Che General Commercial (C-G) zone is properly ane for which a conditional use permit is autttorized by Anaheim Municipal Code Section 18.08.030.010 (Community and Relagious Assembly; Alcoholic Beverage Sales - On Sale and Recreation - Commercial Indoor). 3. That the churci~ and banquet facility with alcohol service would not adversely affect the adjoining residential and commereial land uses and the growth and development of the area in which it is proposed to be located because the property is currenCly improved with a retail center adjacent to an arterial bighway and a banqueC facility has been operating in the subjeck building for approximately thirty years without iucidenC. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimenCa] to the particular area nor to the health, safeCy and general welfare of the public because tfie groperty is currepCly improved with a commercial retail center and no expansion is proposed. Code requires a total of 178 spaces for the combination of commercial uses proposed on the property. A total of 112 spaces are provided on the subject property a~d an additiona190 parking spaces are provided on the adjacent church property to the east through a recorded reciprocal parking and access agreement. Code allows for additional off- street parking on property immediately contiguous to the subject property, provided the parking - i - PC2009-060 is located within reasonable walking distance and the spaces are provided per a recorded parking agreement between the two property owners. Since a total of 232 spaces are being provided to accommodate all uses on the property, a parking variance is not required for the proposed church and banquet facility. 4. That the traffic generated by the church and banquet facility market would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea because the use is consistent with other uses in the center and no expansion is proposed. WHEREAS, the ~roposed project falis within the definition of Categorical Exemptions, Class 1(Existing Facilit3es) as defined in the State CEQA Guidelines~ and is Cherefore, exempt from the requirement to prepare additional environmental doenmenCaCion. BE IT FUR'I'HER RESOLVED that the Anaheim City Planning Commission, for Che reasons hereinabove stated, does hereby approve Condifiona] Use Permit No. 2009-05 4 1 7, subject to the conditions of approval described in ExhibiC "B" atYached hereto and incarporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to praserve Yhe health, safety and general welfare of Yhe CiCizens of the City of Anaheim. Extensions for further time to complete condikions of approval may be granted 3n accordance with Sectio~ 18.60.170 of the Anaheim Municipal Code. Tirning for eompliance with conditions of approval may be amended by t4e Planning Director apon a showing of good cause provided (i) eqiiivalent timing is established that satisfies the origioal intent and parpose of Che condition(s), (ii) the modificarion complies with the Anaheim Municipa] Code and,(iii) the applicant has demonstrated significant progr~ss toward establishment of the use or approved development. BB IT FURTHER RESOLV~D, that this permit is approved witbont limitaCions on the hours of operarion or the duration of tl~e ~se. AmendmenCS, moditications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED Chat Che Anaheim City Planning Commission does hereby find and deCermine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all oP the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the Final judgment of any conrt of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application consCitutes approval of the proposed requesC only to tbe extent Chat it complies with the Anaheim Municipal Zoning Code and any other applicable Ciry, State and Federal regulations. Approval does not include any action or findings as to compliance or approvai of the request regarding any other applicable ordinance, regulation or reqaireme~t. - 2 - PC2009-060 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. Fai(ure to pay all charges shaU 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 May 27, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - Ge~eral" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Councif Resolution in the event of an aspeal. CHAIRMAN, ANAH~IM CITY PLAi~NING COMMISSION ATTEST: SENIOR SE~L~TARY, ANAHEIM C1TY P STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHBIM ) COMMISSION I, Grace Medina, 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 May 27, 2009, by the following vote of the members thereof: AYES: COMMISS[ONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO NOES: COMMISSIONBRS: NONE ABSENT; COMMISSIONERS: RAM[REZ IN WITNESS WHE OF, have hereunto set my hand this 27`h day of May, 2009. SEN~OR SL~kETARY, ANAHEIM CITY PLA~VN~NG COMM[SSION - 3 - PC2009-060 E_YH]BIT "A" CONDITIONAL USE PERT~IIT NO. 2009-05417 - 4 - PC2009-060 EXffiBIT "B" CONDITIONAL USE PERMIT NO. 2009-05417 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MOIVITORING WITHIN 6Q!DAYS OF THE DATE OF'THIS RE30LUTION 1 Trash storage areas shall be provided and maintained in a Planning, locaYion acceptable to the Public Works Department and in Public Works accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as ^ot to be readily idenzifiable frpm adjacent streets or highways. 2 The property owner shall submit an application for a Subdivision Public Works Map Act Certificate of Compliance to the Public Works Development Department, Development Services Division. A Certificate of Services Compliance or Conditional CerCificaCe of Compliaoce shall be approved by the City Engineer and recorded in the Office of the Orange Co~nty Recorder. 3 An unsubordinated restricted covenant providing shared access Planning and parking between the subject property and the contiguous properCies Yo YUe east, approved by Che Plaoning Services Manager in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. In addition, provisions sl~ali be made in Che covenant to gnarantee ~ thaC Ylte operating hours fpr both properties are not in conflict, the driveways and parking lots provide vehicular circulation, driveway access, and maintenance for the contiguous pazcels under common ownership, and said covenant shall be referenced in all deeds transferring all or any part of the interesY in the applicable properties. A copy of the covenant shall then be submitted to the Planning Services Manager. 4 The subject property shall be developed substantially in Pla~ning accordance with the plans and specificaYions submitted to the City of Anaheim by the applicant and which plans are on file witi~ tbe Planning DepartmenC Exhibit Nos. 1(3iee Plan), 2(First Floor Plan), 3(Second Floor Plan), and 4(Elevations) and as condiCioned herein. GENERAL CONDITIONS 5 There shall be no public telephones on khe property that are Code located outside of the bailding and within the control of Che Enforcement appl9cant. 6 Bottles and glass containers shall not be emptied anto outside Code krash containers between the hours of 10 p.m. to 7 a.m. daily. EnForcement - 5 - PC2009-060 7 There shall be no pool tables or amasement devices maintained Code upon the premises at any time unless the proper permits ~ave EnforcemenC been obtained from the City of Anaheim. 8 There shall be no live entertainment, amplified music or dancing Code permitted on the premise at any time unless the proper permits Enforcement have been obtained from the City of Ana6eim. 9 The sale of alcoholic beverages for consumption off the Police premises shall be proh3bited. 10 The activities occurring in conjunction with the operation of this Police establishmeut shaU noC cause noise disturbance to surrou~ding properties. 1 l The subject alcpholic beverage license shall noC be exchanged Police for a public premise (bar) type license nor shall che establashmenC be operated as a public prernise as defined in Section 23039 of the Business and Professions Code. 12 There shall be no admissian fee, cover charge, nor minimum Code purchase of a3coholic beverages required. Bnforcement 13 The business operator shall comply with SecCian 24200.5 of the PoHce Business and Profession Code so as not to employ or permit any persons to solicit or encourage others, directly or indireccly, to buy them drinks in the licansed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. l4 ~ AY all times that entertainmeot or dancing is permiCted, security Police measures shall be provided to the saYisfactian of the Anaheim Police Departme~t to deter unlawful conduct on the parC of employees or patrons, and promote tt~e safe and arderly assembly and movement of perso~s and vehicles, and to prevent disturbance Co CUe neighborhood by excessive noise created by patrons entering or leaving the premises. 15 All doors serving subject reskaurant shall conform to the Code re~uirements of the Uniform Fire Code and shall be kept closed Enforcement, at all times during the operation of the premises except for Fire iogress/egress, permit delaveries aod in cases of emergency. 16 The doors shall remain closed at all times that entertainment is Code permitted, excepC during t3mes of entry or exit, emerge~cies, and Enforcement, deliveries. Fire 17 Outdoor storage shall not be permitted. Code Enforcement - 6 - PC2009-060 18 The applicant shail 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. 19 The applicant shall monitor the area under their control in an Police effort to prevent Che loiCering of persons about tt~e premises. 20 Parking lots, driveway, circulation areas, aisles, passageways, Police recesses and ground contiguous to buildings, shall be provided with lighting of a minimam one (1) foot candle power to illuminate and make clearly visible the presence of any person on or abont the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles o~site. 21 The property shall be permanently mai~tained in an ordedy Code fashion through the provision of regular landscaping Enforcement maintenance, removal of trash or debris, and removal of graffiti within two business days from the time of discovery. - 7 - PC2009-060