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Resolution-PC 97-92~ ~ RESOLUTION NO. PC97-92 A RESOLUTION OF THE ANAHEIM CITY PIANNING COMMISSION THAT PETIT'ION FOR CONDITIONAL USE PERMIT NO. 3935 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a ver~ied Petition for Condftional Use Permit for ~ertain real property sftuated in the Ciry of Anaheim, County of Orange, State of Califomia, described as: PARCEL 4, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF PARCEL MAPS, N 7HE OFF CE OF THE COU~NTY RECOR ER O SAID COUNT`l. 1MHEREAS, tha Ciry Pianning Commission did hdd a public hearing at the CNic Center in the Ciry of Anahelm o~ June 23, 1987 at 1:30 p.m., notice of sald public hearing having been duly given as required by law and tn accordance with the provisions of the Anaheim Municiaal Code, Chapter 18.03, to hear and consider evidence for and agafnst said proposed condi:ional use permft end to investigate and make findings and recommorxiations In connection therewith; and that the hearing was continued to the Commission meeNng of JuIY 2t ~ 1997~ a^d WHEHEAS, sald Commission, after due inspection, irnestigatlon and study made by itself and in fts behalf, and after due consideration of all evidence and reports offered at sakl 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 facilityiw h on pr~elmfses sale a~ndtconsumpton of aecohdic be erages w huwaiver nf th~d owingnquet ,~,e~tions 18 06 050•~2~ - Minimum number of oarkina soace~. 18.06.050.0231 9 2 requlred; 18 06 080 ~ proposed and recommended by the City TraY~ic and and 18 qa.p~[i.p5p Transportation Manager) 2, That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such u~e than the number of such spaces necessa.ry to accommodate all veh(cles attributable to such use under tha normal and reasonably foreseeable conditions of operation of such use because the parking study submitted by the petftioner indicates that the parking demand for proposed~barr-quet fac Iiry reac esritsepeak business during din er tlmesmost ~ he offices inthe building will be dosed; 3, That the waNer, under the condftions imposed, wfll not increasc~ the demand and competftion for park~ng spaces upon the public streets in the immediate vicinity of the proposed use because the proJect parking lot has more than adequate parking to accommodate the project parking demar~ds; and that no on-street parking is a+railable because Magnolia Avenue is presenUy posted for'No Parking'; -1- PC97-92 CR2977PLWP ~ ~ 4. That the waNer, under the co~l:lons fmposed, wiil not increase the demand and competftion for parktng spaces upon adJacent private property In the immediate vicinity of the proposed use (which property Is not exprsssiy provkJed as parking for such use under an agreement in compliance with Section 18.06•010.020 of this Code) because during paiicing surveys no evklence of parking encroachment onto adJacent parking lots was observed and that here would be no reason to encroach into other parking facilfties because the project sfte provides ampie parkfng; 5, That the waiver, vnder the condRions imposed wll~ not fncrease trafflc congestion within the off-street parking areas or lots provided for such use because the supply of project on-site parking spaces is greater than the anticipated parki~9 demanci~ and that a substantial surpius of parking spaces is expected in the parking lot during dinner time because most of the offices in the building will be closed; g, ; hat the waNar, ur-s~et the corr3ltions imposed, will not fmpede vehicular ingress to or a~ress ftom udjacent properiies upon the publlc ~reets in the immecilate vicinity of the proposed use because on-street parking is prohibftod on Magndia Avenue; arxi that excellent lines-of-sight and tuming ~reas for tne proJect driveway on Magndia Avenue extst and wili cemain unaffected by this proJect; 7, That the proposed use will not adversely affect the adJoining land uses and the growth and developmerrt of the area in which it is proposed to be located; g. That the size and shape of the sfte for Yhe p~oposed use fs adequate to allow full developmer~t of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safery, and genersJ welfare; g. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and (m~xoved to caRy the traffic ir~ the area; 10. That the g~ntfng of the condftlonel use permft, under the condR~ons imposed, will not be deMmental to the peace, health, safery and general welfare of the ckizens of the Ciry of Anaheim; and 11. That no one indicatod thefr presence at the public hearing in opposftion; and ihat no correspondence was receNed !n opposftion to the subject petition. ~ALIFORNIA ENVIRONMENTAL ~UALI7Y ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposa{ to permft a 2,876 sq.ft. restaurant and 5,760 sq.ft. banquet facility wfth on-premises sale and consumption of alcoholic beverages on a 1.5-acre properry havinfl frontage of 280 feet on the west side of Magndia Avenue and being located 280 feet north ~f the centerline of La Paima Avenue (1125 North Magndia Avenue); and does hereby approve the NegatNe Declarat(on upon flnding that the dedaration reflects the li~ependent Judgement of the lead agency and that it has considered the NegativR Dedaration togeiher with any comrnents received during the publ(c review process and further i9nding on the basis of the Initiai study ar+d any commdnts received that there is no substantial evidence that the project will have a signiflcant effect on the environment. NOW, THEREFORE, BE IT RESOLVED t.hat the Anaheim Chy Planning Commission does hereby g~nt subJect Petition for Conditfonal Use Permft, upon the fdlowing condftions which are hereby found to be a necessary prerequisite to the proposed use of the subJeci properry in order to preserve the safery and general welfare of the Citizens of the Ciry of Anaheim: 1. That tra~`: staage areas shall be refurbished to the satisfaction of the Public Works Department, Strec*s arxi Sanitatbn Divislon, to comply wfth approved plans on flle with said Department. -2- PC97-92 ~ ~ 2. That this establtshment shall be operated as a'Bona Flde Public Eating Place' as defined by Section 23038 of the Calffomia Business arxi Professions Code. a. That there shail not be any off-street or walk-in sale of alcohdic beverages; and that sicoholic beverages shall only be served at banquets In the banquet taciiity and not in the restaurant. 4. That subject alcohdic beverage license shalt not be exchanged for a public premises (bar) rype Iicense nor shali the astablishment be operated as a publfc prem(ses as deflned in Section 23039 of the Caiffomia Business and Professtons Code. 5. That the sale of alcohdlc oevera9es for consumption off the.premises shatl be prohibfted. 6. That there shall be no exte~ior advertising of any kind or type, induding advertising dlrected to the exteriar from inside, promoting or Indicating the avaitabiltty of alcohoi beverages, with the exception of one (1) slgn indicating'cocktal~s.' 7. That the actfvfties occurr(ng in conjunction wfth the operation of this establishment shall not cause noise disturbance to surrounding properties. 8. That there shall be no pool tables or coin-operated gamas maintained upon the premises at any time. g, That the parking lot serving the premises shall be equipped wfth 11gh:(ng of sufficlent power to illuminate acxi make easily discemible the appearance and conduct of all persons on or about the parking lot. 10. That the hours of operation for the restaurant shall be Iimited to 11 a.m. to 11 p.m. (seven (7) days per week); and that the hours of operation for tho banquet facilfry shall be Iimfted to 6 a.m. to 11 p.m. (weekdays) and 11 a.m. to 11 p.m. (weekends), as stated by the petftioner. 11 That a maximum capacity of sixry (60) persons shail be allowed for the banquet faciliry during the hours of 8 a.m. to 5 p.m. and that a maximum capacity of two hundred thirry (230) persons shall be allow6d for th~ ban~uet facility du~ing evening hours after 5 p.m., as spec~fed by the Ciry Traffic and Transportation Manager. 12. That at all times when entertainment or dancing is permitted, securiry shall be provided to the satisfaction of the Arxihetm Pdice Department to deter unlawful conduct on the part of employees or patrons, ar~ to promote the safe and orderly assembly and movement of persons and vehicles, and to preveM disturbance to the nelghborhood by excessive noise created by patrons entering or leaving the premises. 13. That all doors serving subject restaurant shall conform to ihe requirements of the Unfform Ffre Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, delNeries, and in cases of emergency. 14. That there shall be no public telephones on tha property that are located outside the building and wfthin the coritrd of the applicant. 15. That graffit( shall be removed from the poie sign immediately and, further, that the owner of subject property shall be responsible for the removal of any on-sfte graffiti wfthin twenty four (24) hours of fts application. ~. PC97-92 ~ ~ 16. 7hat the properry ownor shall request a Buiiding Division inspectio~s of the existing pole sign to deteRnine its structural irrtegrity If the structural irrtegriry of the sign is determined to be insufficient, the sign shall be removed and replaced with a monument sign (not to exceed efght (8) feet in height as measured from the grade of the adjacent sidewalk). Plans for the monume-~t sign (ff required) shall be submitted to the Zoning DNision of the Planning Department for revfew and approval by the Planning Commission as a'Reports and Recommentllatlons' item and shall also be subject to the review and approval of the Cfry Traffic arxi TransportEtion Manager for line-of-sight consfderatfons. 17. That the grarrting af the parking waNer is corrtingeM upon operation of the use fn cor~formance wfth the assumptions relating to the operatlon and fMensfty of use as contatned in the parking demand study that formed the basis fw approvai of safd waNer. Exceeding, vidating, IMenstfying or otherwise devfating from any of sa(d assumptions, as contained in the parkfng demand study, shall be deemed a vidatbn of the expressed condk~ons i'nPosed ~P°~ s~~d ~~er which shall subJect this conditional use permft to termination or madfficatbn pursuant to the provisions of Sections 18.03.091 and 18.03.0~2 of the Anaheim Municipai Code. 18. Tnai a valid City of Anaheim business Iicense shall be obtained from the Business License Divlsion of the Finance DepartmeM. 19. That signage for subject facfliry shall be timfted Yo that shown on the exhibits submftted by the petitioner and approved by the Planning Cummission. My additional signs shall be subject to approval by the Commission as a'Reports and Recommendations' item. 20. That throe (3) fc+ot high address numbe~s shall be painted on thA roof in a contrasting color to the rooHng mate~lal, not to be vfsible ftom ground level. 21. That plans shal~ be submitted to the City Traffic and Transportation Maneger for review and approval showing conformance wfth the latest revistons of Engineering Standard Plan Nos. 436 and 602, pertalning to parlcing standards and drhieway locations. SubJect property shall thereupon be developed and mafntained In cor~'formance wfth said plans. 22. That window signs shall not be permttted. 23. That this conditional use permit shall expire or.s (1} year from th9 date of this resdution, on July 21, 1998. 24. That subJect properry shall be developed substantlally In accordance wfth pians and speciflcations submitted to the City of Anaheim by the petitioner and which plans are on flle with the Planning Department marked Exhibf~ Nos. t, 2a, 2b, 3 and 4. 25. That pr(or So commencement of the actNiry authorized by this resolution or within a period of one (1) year ftom th9 date of this resolution, whichever occurs flrst, Condition Nos. 1, 9, 13, 16, 18, 20, ?_1 and 24, above mentiorsed, shall be compUed wfth. Extensions for further time to complete said conditions may be 9rantecJ ~~ eccordance wfth Section 18.03.090 of the Anahelm Municipal Code and, ff an extens(on of time ts requested, R shall be considered at a duly notir.ed publ~ hear(ng. 26. That approval of this applic~tion constftutes approval of the proposed request only to the extent that ft compiles ~rith the Anaheim Mun~ipal Zoning Code and any other appl(cabie Ctty, State and Federal regulations. Apptoval does not ~ndude any action or findings as to compliance or approval of the request regarding any other applicable ordirutnce, regulation or requirement. ~_ PC97-92 ~ ~ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine thxt adoptlon of this Resolution is expres~y predicated upon applicanYs compGance with each and ali of the conditlons hereinabove set forth. Should any such condition, or any pa~t thereof, be deciared 1nvaGd or unenforcesble by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals horein contained, shail be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 21, 1957. CHA PERSON ANAHEIM CITY P~NG COMMISSION ATTEST: r SECRETARY ANAHEIM CI7Y PLANNING COMMISSION STATE O ALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solotio, Secretary of the Anaheim City Planning Commission, do hereby certify that the loregoing resolution was pas i~ followin ~ vte of the memnbersfthereofnaheim City Planning Commission held on Juy 21, 1997, by 9 AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNINGER, ~iAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, PERAZA Itd WITNESS WHEREOF, I have hereunto set my hand this ~~ day of , 1997. ~ SEC ETAR , ANAHEIM CITY PLANNING COMMISSION .~ PC97-92