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91-214 RESOLUTION NO. 91R-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3353 AND MAKING ENVIRONMENTAL FINDINGS RELATING THERETO. WHEREAS, the City Planning Commisison of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a German-American social club (Phoenix Club) including a restaurant with on-premise sale and consumption of alcoholic beverages, a dance and assembly hall, a picnic area, an air rifle and archery shooting area, a manager's living quarters (including musician living quarters), a private school, amusement rides, a beer garden area, a soccer field, a gift shoparea, a 50-foot high maypole and 5 storage containers, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL A: PARCELS 2 AND 3 OF PARCEL MAP NO. 86-234, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 216 PAGES 1 AND 2 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: PARCEL 6 OF PARCEL MAP NO. 83-251, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 187 PAGES 20 TO 24 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, at said hearing, no person spoke in opposition to the application, and no correspondence was received in opposition to the application; and WHEREAS, the City Planning Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC91-56 granting Conditional Use Permit No. 3353; and WHEREAS, thereafter, within the time prescribed by law, Newport Federal appealed the Planning Commission's action on the basis that the environmental analysis for the project was inadequate and duly requested that the City Council review the City Planning Planning Commission's action at a noticed public hearing on the appeal; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard; and WHEREAS, although no public testimony in opposition to the project was offered at the public hearing, the City Council did receive as evidence a letter from Newport Federal commenting on the Expanded Initial Study prepared to address potential environmental impacts of the project; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use, activity and improvements, subject to the specified conditions, are consistent with the provisions of the zoning code applicable to the subject property. 2. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 3. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. 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 peace, health, safety and general welfare. 5. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 06/26/91 5822u/2621/028 -2- WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver of Anaheim Municipal Code requirements as follows: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. Specifically, that the subject property is adjacent to an existing horse stable (the Rancho Del Rio Stables) and, as shown in the submitted plans, a 12-foot high wall is necessary to separate the subject property from odors, dust and other conditions attendant to the horse stable use as well as to provide for the quiet enjoyment of the horse stable property without interference from the proposed use on the subject property; and 3. That, because of special circumstances shown in paragraphs (1) and (2) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim makes and adopts the following findings and imposes the following conditions on the project: 1. That the City Council has reviewed and considered the Expanded Initial Study for this project and has found it adequate in addressing the environmental impacts and mitigations for the project prior to its approval. The Mitigated Negative Declaration satisfies the requirements of CEQA for this project and, together with the Mitigation Monitoring Program on file in the office of the City Clerk and incorporated by this reference herein, are hereby approved and adopted. Based on the Expanded Initial Study, the comments received thereon, the responses to those comments, and all of the evidence and testimony before it, this City Council finds that all possible significant environmental impacts have been avoided or mitigated to a level of environmental insignificance by imposition of the conditions of approval set forth in this Resolution. Alterations in the project itself mitigate many of the significant environmental impacts of the project. 2. That, subject to the conditions of approval set forth in this Resolution, Conditional Use Permit No. 3353 be, and the same is hereby, granted permitting the Phoenix Club including a resfaurant with on-premise 06/26/91 5822u/2621/028 -3- sale and consumption of alcoholic beverages, a dance and assembly hall, a picnic area, an air rifle and archery shooting area, a manager's living quarters (including musician living quarters), a private school, amusement rides, a beer garden area, a soccer field, a gift shop area, a 50-foot high maypole and 5 storage containers, on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.04.043.102 - Maximum fence height. and 18.44.068 - (6 feet permitted along interior property lines; 12 feet proposed.) 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as established by City Council resolution. 4. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revision of Engineering Standard Plan Nos. 436, 602 and 605 pertaining to parking standards. The subject property shall thereupon be developed and maintained in conformance with said plans. 5. That all driveways on Sanderson Avenue shall be constructed with fifteen (15) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards. 6. That based on the parking demand study, the peak parking demand for the project will be between 335 and 350 spaces. The project as proposed includes 285 parking spaces which is sufficient for typical parking demand (between 211 and 285 spaces). However, to accommodate peak parking demand, the applicant shall, prior to holding any private or public events at the Phoenix Club, provide a minimum of sixty-five (65) additional parking spaces to accommodate peak event demand. Prior to issuance of a building permit, the applicant shall submit a plan to the City Traffic and Transportation Manager and the City Attorney for their review and approval to provide a minimum of sixty-five (65) additional parking spaces to accommodate peak event demand. A copy of the approved plan shall also be submitted to the Zoning Division. 06/26/91 5822u/2621/028 -4- 7. That the project shall incorporate Best Management Practices (BMPs) to minimize urban pollutant in water runoff. These measures include but are not limited to: erosion control measures during construction; infiltration trench designs for median strips and parking lot perimeters; filter strips in landscaping; multi-chambered water quality inlets to storm drains; sprinkler maintenance; routine drain cleaning, parking lot sweeping and trash control. Prior to approval of the grading plan, the Department of Pubilc Works-Engineering shall specify all measures required to comply with existing standards and Best Management Practices. 8. That upon written request by the Southern California Edison Co. (SCE) to energize the 66kv line on-site, the City retains the right to review and modify this conditional use permit for recreational uses proposed on-site in the immediate vicinity of the SCE easement. The Director of Planning shall specify any additional mitigation measures which are required within thirty (30) days thereafter, based on applicable standards as required by the City Public Utilities Department. 9. That a professional acoustical engineer shall be retained during design of the sound system for the music pavilion and that the pavilion shall be constructed to conform with City of Anaheim Policy No. 542 and with Noise Insulation Standards specified in California Administrative Code, Title 25. 10. That no outdoor storage area shall be permitted. 11. That the subject property shall be served by underground utilities. The applicant shall install underground electrical facilities in accordance with the City of Anaheim rules and regulations and provide space onsite for installation of pad-mounted switching compartments, transformers and associated devices, as needed, with necessary public utility easements. 12. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said division. Such information shall be specifically shown on the plans submitted for building permits. 13. That prior to issuance of building permits, the appropriate fees due for primary water mains and fire 06/26/91 5822u/2621/028 -5- protection service shall be paid to the Water Engineering Division in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 14. That the subject facility shall be in conformance with Anaheim Municipal Code Section 6.32.0110 requiring City Council approval of weapons usage. 15. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 through 19. 16. That all buildings used for human occupancy and assembly onsite shall be constructed to applicable State and City standards; including compliance with Title 25 of the California Code of Regulations and the City's noise ordinances. The project design shall insure that interior noise standards of 55 dBA are met for the club building and 45 dBA for the garden pavilion and mobile home units adjacent to the recreation field. The Building Department shall review plans for compliance. 17. That the Fire Department shall inspect the facilities for compliance with local fire codes, which include regulations for storage of hazardous materials. 18. That all structures shall be designed in accordance with Title 24 of the California Code of Regulations. The Building Department shall review all plans for compliance. 19. That prior to occupancy, an adequate electronic security system, in the form of alarms or closed circuit television system for use by the onsite manager shall be provided. The City's Police Department shall be consulted for security recommendations and the Building Department shall confirm installation of a security system. 20. That the project shall comply with all City regulations adopted to minimize the amount of solid waste generated which must be disposed of at area landfills. The Maintenance Department shall monitor compliance. 21. That if artifacts are noted during grading activities by construction personnel/inspectors, grading shall cease, the Planning Director shall be notified and a 06/26/91 5822u/2621/028 -6- 22. That the applicant shall be responsible for any direct costs associated with the monitoring and/or reporting required as set forth by Section 21081.6 of the Public Resources Code to ensure implementation of the mitigation measures that have been incorporated herein as conditions of approval for the project. 23. That prior to issuance of a building permit or within a period of one (1) year from the date of this Resolution, whichever occurs first, Condition Nos. 3, 4, 6, 12 and 13, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 24. That prior to final building and zoning inspections, Condition Nos. 5 and 15, above-mentioned, shall be complied with. 25. 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. BE IT FURTHER RESOLVED that the City Council 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of June, 1991. MAYORvOF THE CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM 06/25/91 5822u/2621/028 -7- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 91R-214 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of June, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly and Ehrle NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 91R-214 on the 26th day of June, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of June, ].991. CITY CLERK OF THE CITY OF ANAHEIM ( SEAL ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 91R-214, duly passed and adopted by the City Council of the City of Anaheim on June 25, 1991. CITY CLERK OF THE CITY OF ANAHEIM ( MITIGATION ~ URES/CONDITIONS OF APPROVAL/MO(i ORING pROGRAM FOR PHOENIX CLUB CEOA Action: Mitigated Negative Declaration Proiect Description: To permit a German-American Social Club including a restaurant with on-premise sale and consumption of alcoholic beverages, a dance and assembly hall, a picnic area, an air rifle and archery shooting area, a manager's living quarters (including musician living quarters), a private school, amusement rides, a beer garden area, a soccer field, a gift shop area, a 50-foot high maypole and 5 storage containers. O~ner~ApDlicant: City of Anaheim 200 S. Anaheim CA 92805 Bent: PBR 18012 Sky Park Circle Irvine, CA 92714 Proiect Location: South side of Sanderson Avenue, east of State Route 57 and west of the Santa River channel Action: Approved Mitigated Negative Declaration, Reclassification No. 90-91-15 (ML to CL), Conditional Use Permit No. 3353 Resolution No.: MiTiGATION MEASURESfCONDITIONS OF APPROVAL Responsible Agency Timin~ Measure to Monitor Com letion Prior to issuance of a Pay traffic signal assessment fee Building Division Building permit Prior to issuance of a Submitted plans for review and approval showing City Traffic Engineer and Building Permit conformance with Engineering Standard Plans Nos. 436, Transportation Manager 602 and 605 pertaining to parking Prior to final Construct Driveways along Sanderson Avenue with 15 City Engineer building and zoning foot radius curb returns inspection Submit a plan to the City Traffic and Transportation City Traffic, Prior to issuance of a Manager and the City Attorney for their review and Transportation Manager, Building Permit approval to provide a minimum of 65 additional City Attorney and the parking spaces to accommodate peak event demand. A Zoning Division copy of the approved plan shall also be submitted to the Zoning Division. Responsible Agency . to Monitor ~ Completion Ti inq ( ( asure Prior to approval of That the project shall incorporate Best Management Public Works Department the grading plan Practices (BMPs) to minimize urban pollutant in water Water Engineering runoff. These measures include but are not limited Division to: erosion control measures during construction; infiltration trench designs for median strips and infiltration trench designs for median strips and parking lot perimeters; filter strips in landscaping; multi-chambered water quality inlets to storm drains; sprinkler maintenance; routine drain cleaning, parking lot sweeping and trash control. Upon written request In connection with request to energize the 66kv line City Public utilities by the Southern on-site, the City retains the right to review and Department California Edison modify this conditional use permit for recreat~ona company (SCE) uses proposed on-site in the immediate vicinity of the SCE easement. Building Division Prior to issuance of a building permit That a professional acoustical engineer shall be retained during design of the sound system for the music pavilion and that the pavilion shall be constructed to conform with city of Anaheim Policy No. 542 and with Noise Insulation Standards specified in California Administrative code, Title 25. code Enforcement On-going No outdoor storage area shall be permitted. Electrical Engineering Prior to final building and zoning That the subject property shall be served by Division inspection underground utilities. Street and Maintenance Prior to issuance of a building permit That trash storage areas shall be provided and and Sanitation Division maintained in a location acceptable to the Street and Maintenance and Sanitation Division. Water Engineering Prior to issuance of a building permit Payment of appropriate fees for primary water mains Division and fire protection service in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. Police Department On-going That the subject facility shall be in conformance with Anaheim Municipal Code Section 6.32.0110 requiring City Council approval of weapons usage. Responsible Agency (' ~asure ( to Monitor ~' Corn let~___~_D_ Timina Prior to issuance of That subject property shall be developed Zoning Plan checker building permit substantially in accordance with plans and specifications submitted to the City of Anaheim and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 through 18. Prior to issuance of a That all buildings used for human occupancy and Building Division building permit assembly on-site shall be constructed to applicable State and City standards; including compliance with Title 25 of the California Code of Regulations and the City's noise ordinances. The project design shall insure that interior noise standards of 55 dBA are met for the club building and 45 dBA for the music pavilion and musicians' quarters adjacent to the recreation field. The Building Department shall review plans for compliance. On-going Fire Department shall inspect the facilities for Fire Department compliance with local fire codes, which include regulations for storage of hazardous materials. Building Division Prior to the issuance That all structures shall be designed in accordance of a building permit with Title 24 of the California Code of Regulation. The Building Department shall review all plans for compliance. Prior to occupancy An adequate electronic security system in the form of Building Division alarms or closed circuit television system for use by the on-site manager shall be provided. The City's Police Department shall be consulted for security recommendations and the Building Department shall confirm installation of security system. On-going That the project shall comply with all City Maintenance Department regulations adopted to minimize the amount of solid waste generated which must be disposed of at area landfills. Responsible Agency T~in~ ( (i ~asure (~ toMonitor__~ Completion On-going That if artifacts are noted during grading activities Planning Director and by construction personnel/inspectors, grading shall Public Works/Engineering cease, the planning Director shall be notified and a Department qualified archaeologist consulted to evaluate the significance of the artifacts. The evaluation and all subsequent actions shall be in compliance with Appendix K of the CEQA Guidelines. On-going That the applicant shall be responsible for any Planning Department direct costs associated with the monitoring and/or reporting required as set forth by Section 21081.6 of the Public Resources code to ensure implementation of the mitigation measures that have been incorporated herein as conditions of approval for the project. SR3046DF