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Resolution-PC 2012-044RESOLUTION NO. PC2012 -044 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY- APPROVED MITIGATED NEGATIVE DECLARATION, TOGETHER WITH MITIGATION MONITFORING PROGRAM NO. 156, IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND AMENDING CONDITIONAL USE PERMIT NO. 2009-05403 (TRACKING NO. CUP2009- 05403A) (1820 SOUTH HARBOR BOULEVARD) WHEREAS, on March 2, 2009, the Anaheim City Planning Commission (hereinafter referred to as the 'Planning Commission ") adopted its Resolution No. PC2009 -038 to permit a nightclub, health spa, murals visible to the public right -of -way, building integrated multi- tenant signs, and projecting signs, in conjunction with a nine -story, 252 -room hotel with 75,593 square feet of accessory uses on certain real property located at 1820 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto and incorporated herein by this reference (the 'Project "); WHEREAS, on March 31, 2009, the Anaheim City Council adopted Resolution No.. 2009 -056 granting Conditional Use Permit No. 2009 -05403 for the Project WHEREAS, the Planning Commission did receive a verified Petition to amend Conditional Use Permit 2009 -05403 for the property (herein referred to and designated as "Conditional Use Permit 2009- 05403A ") for an extension of time to comply with the conditions of approval for the Project; WHEREAS, Conditional Use Permit No. 2009 -05403 was approved in connection with General Plan Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009 - 00297), Variance No. 2008 - 004761, Public Convenience or Necessity No. 2009 - 00056, and Final Site Plan No. 2008 -00004 (collectively, the "Entitlements "); and WHEREAS, on June 22, 2012, an application for an extension of time to comply with the conditions of approval was timely made in writing (i.e., within six (6) months following the expiration date of the Entitlements), and was accompanied by the appropriate filing fee. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 16, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to Conditional Use Permit No. 2009 -05403 and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2012 -044 WHEREAS, the Planning Commission has reviewed the proposed amendment to Conditional Use Permit No. 2009 -05403 and has considered the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156, which were approved by the Planning Commission and the City Council in connection with the approval of Conditional Use Permit No. 2009 - 05403, and finds and determines that (i) said environmental documentation is adequate to serve as the appropriate environmental documentation in connection with this request and satisfies all the requirements of the California Environmental Quality Act ( "CEQA "); (ii) "none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred" in connection with the proposed amendment to Conditional Use Permit No. 2009- 05403; and (iii) no further environmental documentation need be prepared for said amendment. WHEREAS, before granting any request for an extension of time to comply with conditions of approval pursuant to Section 18.60.170.020 of the Anaheim Municipal Code, the Planning Commission is required to make, and hereby makes, the following findings: 1. That the extension of time will not extend the approval beyond two (2) extensions, with each extension not to exceed one (1) year, or any greater or lesser time increment specified in the original resolution, or written decision if approved by the Planning Director. 2. That the approved project remains consistent with the General Plan and the zone district designation for the property. 3. That either no amendments to Title 18 of the Anaheim Municipal Code (the "Zoning Code ") have occurred that would cause the approval to be inconsistent with the Zoning Code, or the petitioner has: (i) submitted revised plans demonstrating that the approved Project can be modified to bring it into conformance with such amendments to the Zoning Code; and (ii) agreed to modify the Project to conform to such amendments. 4. That the subject property is being maintained in a safe, clean and aesthetically pleasing condition, with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. Cost of inspection is established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code — Community Preservation Officer — Inspection and Reinspections - Fees) of the Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of the extension application by the approval authority. 5. That no additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for the original approval of the Project. -2- PC2012 -044 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve the amendment to Conditional Use Permit No. 2009- 05403 subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated herein 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. BE IT FURTHER RESOLVED that approval of the amendment to Conditional' Use Permit No. 2009 -05403 is subject to the approval of the amendments to Variance No. 2008- 004761 and Final Site Plan No. 2008 - 00004; and BE IT FURTHER RESOLVED, that Conditional Use Permit 2009- 05403A is approved without limitations on the hours of operation or the duration of the use, other than as may be contained in Conditional Use Permit 2009 - 05403. Amendments, modifications and revocations of Conditional Use Permit 2009- 05403A may be processed in accordance with Chapter 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall 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 Anaheim City Planning Commission meeting of July 16, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. A x� CHAIRMAN, ANAHEIM CITY PUNNING COMMISSION ATTEST: Y, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -044 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, 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 July 16, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS:. BOSTWICK, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of July, 2012. SENIOR SECR(9TARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -044 EXHIBIT "A" DES' NO. 2012 -00075 APN: 137- 171 -24 W KATELLA AVE iV 0 0 536' O J m Cr 0 m C a x LM Source: P.eoeroae Tract 6daps and cr City GIs. Ple35 a Octe the accur3cy is tNC tc a feet, -5- PC2012 -044 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2009-05403 -6- PC2012 -044 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING NIGHTCLUB/BAR GENERAL 1 At least one express elevator shall operate to take patrons of Planning /Police the nightclub directly to the eighth floor during hours of nightclub operation. 2 The permitted event or activity shall not create sound levels Police/ that violate any ordinance of the City of Anaheim. (Section Code Enforcement 4.16.100.010 Anaheim Municipal Code) 3 Security measures shall be provided to the satisfaction of Police/ the Anaheim Police Department to deter unlawful Code Enforcement conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 4 Anytime the premises are providing entertainment, the Police/ petitioner(s) shall provide uniformed security personnel. Code Enforcement 5 The number of persons attending the event shall not exceed Fire/ the maximum occupancy load as determined by the Code Enforcement Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. 6 The business shall not be operated in such a way as to be Police/ detrimental to the public health, safety or welfare. Code Enforcement 7 All entertainers and employees shall be clothed in such a Police/ way as to not expose "specified anatomical areas" as Code Enforcement described in Section 7.16.060 of the Anaheim Municipal Code. 8 No one under the age of 21 shall be allowed in the Police/ nightclub. Code Enforcement -6- PC2012 -044 9 The business shall not employ or permit any persons to Police/ solicit or encourage others, directly or indirectly, to buy Code Enforcement them drinks in the licensed premises under any commission, percentage, salary, or other profit - sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act). 10 The floor space provided for dancing shall be free of any Police/ furniture or partitions and maintained in a smooth and safe Code Enforcement condition. 11 Any violation of the application, or any attached conditions, Police/ shall be sufficient grounds to revoke the permit. Code Enforcement 12 There shall be no exterior advertising or sign of any kind Police/ or type, including advertising directed to the exterior from Code Enforcement within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 13 The sale of alcoholic beverages for consumption off the Police/ premises is strictly prohibited. Code Enforcement 14 There shall be no requirement to purchase a minimum Police/ number of drinks. Code Enforcement 15 Signs shall be posted at all exits of the premises of the Police/ prohibition of alcoholic beverages from leaving the Code Enforcement confines of the establishment. 16 Alcoholic beverages cannot be included in the price of Police/ admission. Code Enforcement 17 There shall be no amusement machines or video game Police/ devices maintained upon the premises at any time without Code Enforcement obtaining the proper permits from the City of Anaheim. 18 The nightclub shall be inspected by City staff every two Planning/ years, at the expense of the business operator, to confirm Code Enforcement compliance with applicable conditions of approval and Municipal Code provisions. -7- PC2012 -044 Health Spa/Massage Establishment GENERAL 19 This business shall operate in full compliance with Code Enforcement Anaheim Municipal Code Chapter 4.29 pertaining to Massage Establishments. MURALS (LIFESTYLE IMAGE DISPLAYS) PRIOR TO ISSUANCE OF BUILDING PERMITS 20 Final plans for the size and configuration of display cases Planning shall be submitted to the City Planning Director or his /her designee for review and approval. GENERAL 21 The "lifestyle image displays" shall not include any text Planning/ whatsoever. Code Enforcement 22 The business operator shall obtain approval from the City Planning Planning Director or his /her designee prior to changing the images displayed within the storefront displays. BUILDING INTEGRATED MULTI- TENANT SIGNS GENERAL 23 Final sign plans shall be submitted to the City Planning Planning Director or his /her designee for review and approval. CHANGEABLE COPY SIGNS PRIOR TO OPERATION 24 The developer /business operator shall demonstrate to the Planning satisfaction of the City Planning Director or his/her designee that the image(s) on the proposed LED screen and images projected onto the waterfall are not visible from six feet above ground level on Harbor Boulevard or Katella Avenue. If the image is visible, the projection must be adjusted to the satisfaction of the City Planning Director or his/her designee or removed. 25 The applicant/developer shall demonstrate to the Planning satisfaction of the City Planning Director or his/her designee, that that the LED display does not cause any significant off -site lighting spillage on the adjacent property to the south and the west. If the City Planning Director or his/her designee -8- PC2012 -044 -9- PC2012 -044 determines there is an impact, the applicant/developer shall be required to comply with mitigations listed below, or with equivalent mitigation, to mitigate the impact: 1. The applicant/developer may be required to dim the output of the LED display, either automatically (photovoltaic sensor) or manually, to ensure no off -site lighting spillage; and/or 2. The applicant/developer may be required to adjust the angle of the LED display in a different direction since most modern display modules are designed with louver - like dividers between the rows of LEDs that help focus the light emissions to the intended viewers and /or; 3. The applicant/developer may be required to apply lighting shields to limit off -site spillage to adjacent properties; The LED structure will be required to be affixed to the building in a manner that is acceptable to the Planning Department, Building Division. Structural/building plans will be required to be reviewed and approved by the City Building Official and the Planning Director will review the final location for the LED display. Operation of the LED display will not be permitted until the City Planning Director and the Building Official grants final approval and completes inspection of the structure. GENERAL 26 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. 27 The time period to satisfy conditions of approval shall be Planning two (2) years, commencing immediately following the original expiration date, which was March 31, 2012. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code, as the same may be amended from time to time. 28 That timing for compliance with conditions of approval Planning may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the -9- PC2012 -044 -to- PC2012 -044 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 29 Approval of this application constitutes approval of the Planning proposed request only to the extent that 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. -to- PC2012 -044