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Resolution-PC 97-174~ ~ RESOLUTION NO. PC97-174 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3989 BE GRANTED WHEREAS, the Anaheim City 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 Califomia, described as: See attached legal description. WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center in 1he City of Anaheim on December 8, 1997 at 1:30 p.m., notice of said pubiic 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 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 Pnd and determine the following 6acts: 1. That the proposed use is propsr;y one for which a condEtional use permit is authorized by Anaheim Municipal Code Seciions 18.44.050.010 and 18.44.050.030 to permit a 9,200 sq. ft, banquet haii faciiity for wedding banquets and receptions and with service and on-premises consumption of, but not sales of, alcoholic beverages, and with waiver of the following: Sections 18.06.050.0212 - Minimum number of parkinp soaces. 18.06.050.022 (659 required; 447 proposed and recommended for 18.06.05U•~262 approval by the City Traffic and Transportation 18.06.080 i~Aanager) and 18.44.066.050 2, That this conditional use, is hereby granted for a 9,200 sq. ft. banquet hall facility for wedding banquets and receptions and with service and on-premises consumption of, but not sales of, alcoholic beverages, and allowing up to six (6) community events per year; 3. That the petitioner submitted a parking study prepared by Daniel Benson and Associates, which has been approved by the City Traffic andl Tof s acest~ suti t to the banquet fac I ty that this use will not adversely affect fhe existing parking supp y P 1 capacity being restricted to a maximum of 350 persons at any one time; 4. That the parking waiver, under the conditions imposed, will not cause fewer eff- street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normai and reasonably foreseeable conditions of operation of such use because the peak parking demand Tor off-stree: parking (146 spaces) is less than the quantity (447 spaces) provided on the site; 5. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the propeRy because all parking is on-site and there is more than adequats parking to accommodate fhe projecPs peak parking demands; -1- PC97-174 CR3131 PL.DOC ~ ~ 6. That the waiver, under the conditions imposed, will not increase the deman~ and competition for parking spaces upon adjacent private pruperty in the immediate vicinity of the proposed use (which prope~ty is not expressly provided as parking for such use under an agreemeni in compliance with Section 18.06.010.020 of this Code) because there is ample parking and a surplus of 301 spaces will always be provided even during peak hours; 7. That the waiver, unde~ the conditions imposed, will not increase traffic congesti^n within the off-street parking areas or lots provided for such use because, according to the study, the supply of project site parking spaces is greater than the anlicipated peak parking demand; 8. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent propeRies upon the public streets in the immediate vicinity of the proposed use because the project is not anticipated to result in demand for on-street parking; and that existing lines of sight and the tuming areas for the project driveways on Lincoln Avenue, Westem Avenue, and Topanga Drive remain unaffected; 9. That the proposed use is prope~ly one for which a conditional use pemiit is authorized by the Zoning Code; 10. That the proposed use will not adversely affect the adjoin~ng land uses and ihe gro~vth and development of the area in which it is proposed to be located; 11. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; 12. That the traffic generated by the proposed use will not impose an undue burden upon thc streets and highways designed and improved to carry the traffic in the area; 13. That the granting of the conditional use permit, under the conclitions imposed, will nof be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; 14. That no one indicated their presence at s3id public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to peRnit a 9,200 sq. ft. banquet hall facility for wedding banquets and receptions and with service and on-premises consumption of, but not sales of, alcoholic beverages, with up to six (6) community events per year; and with waiver of minimum number of parking spaces on a 5.8-acre parcel located at the southeast comer of Lincoln Avenue and Wesiem Avenue and having frontages of 430 feet on th2 south side of Lincoln Avenue and 310 feet on the east side of Wea~tem Avenue (3150 West Lincoln Avenue); and does hereby approve the Negative Declzration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration togelher with any comments received during the pul~lic review process and furlher finding on the basis of the initial study and any comments received that there is no substantial evidence that the project wilt have a significant effeci on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does herebjr grant subject Petition for Conditional Use Permit, upon the foilowing conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject propeAy in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: j, That no admission fee or any other type of public entrance fee shall be permitted for this facility. 2. That no seats or stools shall be located immediateiy around the bar counter area. _Z_ PC97-174 ~ ~ 3, That lhere shall be no bar or lounge mainlained o the Cit of Anahe m y unless licensed by the State Alcoholic Beverage Control and approved by Y 4, That the subject alcoholic beverage license shall not be exublic9premises asbdefined n Seal orn type license nor shall the establishment be operated as a p ?_3039 of the Califomia Business and Professions Code. 5, (a) That the on or off the premises sale of alcoholic beverages shall be prohibited; and (b) That any alcohotic beverages consumed on-premises shall Ce provided by the customers wha reserve this banquet facility. g. That the activities taking place in conjunction with the operation of this es~c~+Aishment shall not cause noise disturbance to surrounding prope~iies. 7, That there shall be no pool tables or coin-operated amusement devices maintained upon the premises at ar~y time. g, That the hours of operation shali be limited to the foliowing: Sunday through Thu~sday: 10 a.m. i~ 9 P•m• Friday and Saturday: 10 a.m. to 10 p.m. The facility may be occupied for clean-up purposes only for a maximum of one (1) hour after said time limitations. g, That this permit shall expire one (1) year from 1he date of this resolution, on December 8, 1998. ~p, Tnat a maximum capacity of three hundred fifty (350) persons shall be permitted on t'c~~s premises at any one time. ~ ~, That at a~llnt~m ~h Anahe mf Police 1D palAmenlt to deterfu awful condu thoni he par! 1oep~t~ons, satisfact and to promote the sate and orderiy assemb~excessrveVno sengenera ed by ~pat onscentering or prevent disturbance to the neighborhood by leaving the premises. ~ 2, That a manager shall be on-site at all times while the banquet facility is in operation. ~ 3, That the de f om taeeexte or of thetbu Iding uexcept in cases of emlergency, be kept closed and inaccessib 14. That valid City of Anahei a~B eRiess License shall be obtained from the Business License Division of the Finance Dep 15, (a) That all signage shall comply to Code requirements perlaining 1o wail signs; and ~b~ Shec aIl Event'Perm'rts sh~all notlbe perrridtedother advertising device in connection with P ~g, That trasY~ slorage areas shall be provided and maintained in location(s) acceptable to the Public roved plans fln Works DepaRment, Streets and Sa~itation Division, and in accordance with app file with said Department. Such infonnation shall be specifically shown on tiie plans submitted for building permits. 17, That trash storage areas shall be refurbishedth aheroveldfp ans on fi!e w th said DepaDmeMment, St~eets and Sanitation Division, to comply PP PC97-174 -3- ~ ~ 18. 7hat a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for rEVie:v and approval. 19. That an on-site trash truck tum-around area shail be provided in zccordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said tum-around area shall be specifically shown on plans submitted for buiiding permits. 20. "that the owner of the subject properly shall submit a letter requesting termination of Gonditional Use Permit No. 3003 (to permit on-sale alcaholic beverages in conjunction with an enclosed restauranUpublic dance hall with waiver of minimum number parking spaces), Conditional Use Permit No. 2926 (to pertnit on-sale beer and wine in an existing restaurant at 1125 South Westem Avenue), Condition2l Use Permit No. 2194 (to permit a cocktail lounge at 3156 and 3158 West Lincoln Avenue), Conditional Use Permit No. 1416 (to permit on-sale beer and wine in an existing restaurant at 3152 West Lincoln Avenue), Condi9ional Use Permit No. 402 (to esiablish a family billiard parlor at 3150 West Lincoln Avenue), Conditional Use Permit No. 86 (to operate coin-operated portable bowliny machines in conjunction with a snack bar and soda fountain), and Variance No. 1256 (to construct and operate a cocktail bar at 3148 West Lincoln Avenue) to the Zoning Division. 21, That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim hy the petitiuner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 22. That prior to commencement of the activity authori::ed by resolution or within a period of one (1) year from the date of lhis resolution, whichever occurs first, Condition Nos. 14, 16, 17, '!8, 19, 20 and 21, above-mentioned, shdll be complied with. Extensions for further time to comply with said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Afiunicipal Code, however, if an extension of time is requested it shall be considered at a duly noticed public hearir~g. 23. 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 ns to compl(ance or approval of the request regardir.g any other applicable ordinance, regulation or requirement. 24. That this use is hereby granted for wedding banquets and receptions, with up to six (6) community events per year. 25. That within a period of ninety (90) days f~om the date of this resotution, the legal property owner shall submit evidence to the Public Works Department, Development Services Division, that the underlying commercial unit is located on a legal parcel of land in acco~dance with the Subdivision Map Act, and that the buiiding walls are in conformance with the fire wall separation requirements of the Anaheim Building Code. in the event that the properiy is not in conformance with the Map Act or Building Code relative to the building walis, the owner shall obtain a lot line adjustment and/or obtain a building permit to correct these issues. BE iT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should dny such conditian, or any paA thereof, tF~is Resoluti nV and any app ovalsbhe e ntconta ned tlshall be de~m d null and old tent jurisdiction, then ~. PC97-174 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 8, 1997• ~----~ , ~ ~ ' ' .. .t.~c~ c ~ _ ttrl.~ CHAIRMAN ANANEIM CITY PLANNING CO ISSION ATTEST: ~ SECRETARY, AN IM CITY F'IANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss• C~TY OF ANAHEIM ) I, Margarita Solorio, Seca~ed and ad pt d amaCmeePng of ihe Anahe m'~City Plann'ng certify that the foregoing resolution was p Commission held on December 8, 1997, bY the following vote of 1he members thereof: AYES: COMMISSIONERS: PER ~~CK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER ,~'~Z~`' day of ~N WITNESS WHEREOF, I have hereunlo set my hand lhis ,~=_ Q,/l. , 1997. SECRE7AR ANAHEINi CITY~NING COMMISSION PC97-174 -5- „ ORDER NO.: 2-46481.52 SCHEDULE A TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: _ -•-~.. i~ MJD PROPERTIES, A.~GENERAI. PARTNERSHIP l .% ,` THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COV~RED BY THIS REPORT IS: A FEE AND AN EASEMENTISI, AS MORE FULLY DESCRIBED IN THE LEGAL DESCRIPTION. THE LAND HEFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: PARGEL 1: THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST nUARTER OF SECTION 14, 70WNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CiTY OF ANAHEIM, COiJNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECUFDED IN BOOK 51 PAGE(S) 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 66.00 FEET THEREOF AS CONVEYED TO THE STATE OF CALIFORNIA BY DEE7 RECORDED IN BOOK 3362 PAGE(S) 306, OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT THE 1NEST 190,00 FEET OF THE NORTH 216.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 134.00 FEET THEREOF. ALSO EXCEPT THE EAST 129.30 FEET THEREOF. ALSO EXCEPT THE EAST 185.00 FEET OF THE NORTH 216.00 FEET THEREOF. PARCEL 2: THAT FORTION OF THE WEST HALF OF THE NORTH HALF OF 7HE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGc 11 WEST, IN THE RANCHO LOS COYOTES, THAT IS DESIGNATED AS PAR~EL 2 AND PARCEL 3 ON A MAP FILED IN SOOK 49 PAGE(S) 33 OF RECORU OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EX~EPT THE V`/EST 0.78 FEET OF SAID PARCEL 3. ALSO EXCEPT THE EAST 12.00 FEET OF THE SOUTH 108.50 FEET OF SAID PHRCEL 3. ALSO EXCEPT THE EAST 2.00 FEET OF THE NORTH 137.33 "rEET OF THE SOUTH 245.83 FEET OF SAID PARCEL 2. i AtSO EXCEPT THE SOllTH 108.50 FEET OF SAID PARCEL 2. 1 i f SOUTHLAND TITLE CORPORATION ~ ~~_ I ~~ 2 CO~1D, U~E pE(~E,SIY FJ~. 3~ ORDER NO.: 2-46481.52 PARCEL 3: PARCEL 1 AND THE EAST 2.00 FEET OF THE NORTH 137.~3 FEET OF THE SOUTH 245.83 FEET • OF PARCEL 2, BOTH AS SHOWN ON A MAP FILED IN g00K 49 PAGE(S) 33 OF RECORD OF , SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF QRANGE COUNTY, CALIFORNIA. EXCEPT THE SOUTH 108.50 FEET OF SAID PARCEL 1. PARCEL 4: PARCEL 4 AND THE WEST 0.78 FEET OF PARCEL 3 BOTH AS SHOWN ON A MAP FILED IN BOOK 49 PAGE(S) 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE WES7 0.70 FEET OF SAID PARCEL 4. PARCEL 5: THE SOUTH 108.50 FEET OF PARCELS 1 AND 2 AND OF THE EAST 12.00 FEET OF PARCEL 3 OF ' A SURVEY OF A PARCEL OF LAND, AS SAID PARCELS ARE SHOWN UN A MAP FILED IN BOOK • 49 PAGE(S) 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THF COUNTY RECORDER OF SAID ~ COUNTY. [ PARCEL 6A: THE SOUTH 150.00 FEET OF THE NORTH 216,00 FEET OF THE EAST 185.00 FEET OF THE WEST HALF QF THE NORTH HALF OF THE NORTHWEST QUAR i ER OF THE NORTHEAST QUARTER OF SEC710N 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, ~R! THE RANCHO LOS COYOTES, AS PER ' MAP RECORDED IN BOOK 51 PAGE(S) 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ~ COUNTY RECORDER OF ORANGE COUNTY. ~ PARCEL 66: AN EASEMENT FOR USE AS A PARKING AREA OVER THE NORTHWEST QUARTER OF THE ? NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, ~ RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SAID SECTION IS SHOWN ON A MAP ~ RECORDED IN BOOK 51 P/~1GE(S) 11 OF MISCELLANEOI.iS MAPS, IN THE OFFICE OF THE COUNTY , RECORDER OF ORANGE COUNTY. ~ EXCEPT THE NORTH 66.00 FEET THEREOF. ALSO EXCEPT THE WEST 190.00 FEET OF THE NORTH 216.00 FEET THEREOF. ALSO EXCEPT THE NORTH 10.00 FEET AF THE WEST 332.00 FEET OF THE SOU7H 314.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 304.00 FEET THEREOF. ; ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN PARCEL 1 ABOVE. ~` ~ ~~.,_. -• ~ . ~ SOUTHLAND TITLE CORPORATION 1"// I~/~ 3 CO~f~J. !!';~ PI Fr~1T P,~. ~ ORDER NO.: 2-46481.52 ~ j PARCEL 6C: ~ AN EASEMENT FOR DR~VE~NAY PURPOSES OVER THE NORTH 25.00 FEET OF THE SOUTH 159.00 FEET OF THE NORTHWEST nUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST j QUARTBR OF SECTION '!4, TOWNSHIP 4 SOUTH, NANGE 11 WEST, IN THE RANCHO LOS ; COYOTES, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE(S) 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. I NOTE: A POR710N OF SAID LAND IS ALSO SHOWN IN BOOK 44 PAGE 16 OF PARCEL MAPS, IN , `~ THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. r' ~~_.._.----- ~_...._ _. . .. . _. . ,_ ... _. ._ . _. ......, . ... .. . ............_..........._...._ .... ----~-' ASSESSOR'S PARCEL N0: 135-281-19 ~ . . _ ~~)7~17~ l SOUTHLAND TITLE CORPORATION 4 ~ COND. usE rrRr~iT r~o. .~~--