Resolution-PC 2009-119RESOLUTION NO. PC2009-119
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO 2009-05458 AND
VARIANCE NO. 2009-04801
(DEV2009-00032)
(210 WEST CERRITOS AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009-05458 to permit a banquet facility with alcohol
service and Variance No. 2009-04801 to allow fewer parking spaces than required by code for
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, this property is developed with a commercial /industrial center
located in the General Commercial zone and the Anaheim General Plan designates the property
for Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 9, 2009, at 3:30 p.m., notice of said public hearing
having been duly given as required by Taw 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 permit and to investigate and make findings and recommendations in connection
therewith: and
WHEREAS, said Planning 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 with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The request to permit a banquet facility with alcohol service is properly one for
which a conditional use permit is authorized under Code Section Nos. 18.08.030.040.0402
(Uses) of the Anaheim Municipal Code.
2. The proposed banquet facility, as conditioned herein, would not adversely affect
the adjoining land uses and the growth and development of the area in which it is proposed to be
located because the site is developed with commercial and industrial buildings and the use is
compatible with existing commercial and industrial uses with no adverse affects to adjoining
land uses.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed banquet facility in a manner not detrimental to the particular area or to the health
and safety because this use will be located within an existing tenant space of an established
commercial and industrial center.
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4. The traffic generated by the banquet facility will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the volume of traffic planned for the streets and
highways in the area and because use of this facility will be off-peak from the parking demand of
other uses in the center.
5. 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 as the proposed
land use will continue to be compatible with the surrounding area because the use is similar to
other uses in the area and activities would occur entirely within the existing tenant space and is
not a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, said Planning 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 with respect to the request for a Variance for parking, does find and
determine the following facts:
1. The applicant requests a variance from the following Code Section to provide less
parking than required by Code:
(a) SECTION NO. 18.42.040
AND 18.08.070
Minimum number of parking spaces
(1,014 spaces required and 494 spaces
proposed)
2. The above-mentioned variance, under the conditions imposed, will not cause
fewer off-street parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to the proposal under the normal and
reasonably foreseeable operation of the use as the parking study dated August 6, 2009, prepared
by Traffic Safety Engineers, Inc., indicates that the peak parking demand for off-street parking is
substantially lower than the quantity provided for the center including the proposed banquet
facility.
1 The parking variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity because the
banquet facility will not increase or compete for on-street parking and as indicated in the
aforementioned parking study, the existing parking is more than adequate to accommodate both
the center and the proposed banquet facility's peak parking demands.
4. The variance will not increase the demand and competition for parking spaces
upon adjacent properties in the immediate vicinity of the proposed use since all parking is
contained on-site and will not encroach into other parking facilities.
5. The variance will not increase traffic congestion within the off-street parking
areas provided for the banquet facility as indicated in the parking study because the supply of
PC2009-119
parking spaces is adequate for the banquet facility and there are no new ingress or egress points
proposed.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, 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 City Planning
Commission does hereby approve Conditional Use Permit No. 2009-05458 and Variance No.
2009 -04801 subject to the conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the health, safety and general welfare of
the citizens of the City of Anaheim. Extensions for further time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED 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 as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
THE FOREGOING IRS OLU ION was adopted at the Planning Commission
meeting of November 9, 2009.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
3 P29 -1 19
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, Grace Medina, Senior 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 November 9, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of November, 2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
PC2009-119
EXHIBIT "A"
DEV2009-00032
1 I 11
AP N: 082-214-01
z
Source: Recorded Tract Maps anclior City GIS.
Please note the accuracy is +1- two to five feet.
1
10864
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
PRIOR TO COMMENCEMENT OF THE BUSINESS
1
The business shall be equipped with an alarm system (silent or
audible).
Police. Department
I
Complete a Burglary/Robbery Alarm Permit application, Form
APD 516, and return it to the Police Department prior to initial
alami activation. This form is available at the Police
Department front counter, or it can be downloaded from the
following web site: http://www.analaeim.netiarticleiasp?id.678
Police Department
3
Address numbers shall be positioned so as to be readily
readable from the street. Numbers should be illuminated during
hours of darkness.
Police Department
4
1
Rear entrance doors shall be numbered in the same address
numbers or suite number of the business. Minimum height of
4" recommended.
Police Department
5
All exterior doors to have adequate security hardware, e.g.
deadbolt locks. The locks shall be so constructed that both the
deadbolt and deadlocking latch can be retracted by a single
action of the inside doorknob/lever/turn piece
Police Department
6
Wide-angle peepholes or other viewing device should be
installed in solid doors where natural surveillance is
compromised.
Police Department
7
File Emergency Listing Card, Form APD-281, with the Police
Department, available at the Police Department front counter,
or it can be downloaded from the following web site:
http://www.anaheinnetiarticie.asp?id.678.
Police Department
EXHIBIT "B"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 2009-05458 AND VARIANCE NO. 2009-04801
(DEV2009-00032)
PC2009-119
GENERAL
8
Hours of operation shall be limited to 5 p.m. 2 a.m. daily.
Code Enforcement
9
The property shall be developed substantially in accordance.
with plans and specifications submitted to the City of Anaheim
by the applicant and which plans are on file with the Planning
Department marked Exhibit No.1 (Site Plan) and as conditioned
herein.
Planning
10
Within a period of three (3) years from the date of this
resolution, the appropriate permit(s) shall be obtained from the
City of Anaheim and the uses allowed by this permit shall be
established.
Planning
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