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Resolution-PC 2013-001RESOLUTION NO. PC2013 -001 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012 -05632 AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO, 2012-00091 FOR A TYPE 48 ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2012- 00099) (480 NORTH GLASSELL STREET) WHEREAS, the Anaheim City Planting Commission (hereinafter referred to as the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2012- 05632, pursuant to Section 18.60.090 of the Anaheim Municipal Code, to permit a nightclub with a Type 48 (Public Premise) Alcoholic Beverage Control (ABC) license, including the sale and on -site consumption of alcoholic beverages, public dancing, admission fee, and live entertainment in an existing restaurant building, an expansion of the existing building, shared parking with the adjacent hotel to the east. A petition for Determination of Public Convenience or Necessity No. 2012 -00091 was also received to make an associated determination of public convenience or necessity to permit the Type 48 ABC license, on that certain real property located at 480 North Glassell Street in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with a 7,200 square foot restaurant building; the zoning is the Northeast Area Specific Plan, Commercial Area (SP94 -1; D.A. 5); and the Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 14, 2013 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 Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2012 -05632 and Public Convenience or Necessity No. 2012- 00091, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. WHEREAS, the 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 pertaining to the request for Public Convenience or Necessity No. 2012 - 00091, does find and determine the following facts: - 1 - PC2013 -001 1. On July 11, 1995, the City Council adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC)_ 2. California State law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more alcohol licenses than allowed; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 3. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 4. The property is located in Police Reporting District No. 1432 which has a crime rate that is 191% above the citywide average; however, the crime rate within i/4 mile of this property is 6% above the citywide average based upon calls for service. The property is also located within Census Tract No. 864.07 which has a population of 5,957. This census tract allows for four off -sale licenses and four off -sale licenses exist within the tract. The tract also allows seven on -sale licenses and proposed on -sale license would be the third license in the tract. The proposed use requires such a determination as a result of a crime rate above the citywide average. 5. A Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that granting the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed nightclub, which includes the sale and on -site consumption of alcoholic beverages, is an appropriate use for this existing commercial building which is located near the intersection of two major arterial highways, the SR -91 Freeway, and the Santa Ana River. The nightclub will provide a convenience to patrons who are visiting the area. In addition, the crime rate within 1 /4 mile radius of the property is slightly above the citywide average relative to calls for service. WHEREAS, the 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 pertaining to the request for Conditional Use Permit No. 2012- 05632, does find and determine the following facts: -2- PC2013 -001 1. The request to allow a nightclub with a Type 48 (Public Premise) Alcoholic Beverage Control (ABC) license, including the sale and on -site consumption of alcoholic beverages, public dancing, admission fee, and live entertainment in an existing restaurant building is properly one for which a conditional use permit is authorized, subject to City Council approval of Adjustment No. 12 to the Northeast Area Specific Plan No. 94 -1 (SPN2012- 00063) and a corresponding amendment to Chapter 18.120 of the Anaheim Municipal Code to allow nightclubs as a conditionally permitted use in the Commercial Area (Development Area 5) of the Northeast Area Specific Plan. 1 The request to allow a nightclub would not adversely affect the surrounding land uses and the growth and development of the area because the use is surrounded by and integrated with compatible buildings and uses; and the proposed the nightclub will be located within an existing restaurant building with no adverse affects to adjoining land uses. 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because the proposed nightclub will be located within an existing restaurant building and is surrounded by compatible commercial uses. 4. The traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical businesses that would be permitted as a matter of right within the Northeast Area Specific Plan zone. 5. Granting Conditional Use Permit No. 2012 -05632 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05632 and Public Convenience or Necessity No. 2012- 00091, including, specifically, the conditions of approval set forth 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 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 the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012 -05632 and Public Convenience or Necessity No. 2012 -00091 is approved contingent upon and subject to approval by the City Council of a proposed ordinance approving Adjustment No. 12 to the Northeast Area Specific Plan No. 94 -1 (SPN2012- 00063) and a corresponding amendment to Chapter 18.120 of the Anaheim Municipal Code. -3- PC2011 -001 BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012 -05632 is approved without limitations on 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 Conditional Use Permit No. 2012 -05632 and Public Convenience or Necessity No. 2012 -00091 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 14, 2013. 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. CHAIR, ANAHEIM CITY Pl � NING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -001 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 January 14, 2013, by the following vote of the members thereof. AYES: COMMISSIONERS: AGARWAL, BOSTWICK. FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 14` day of January, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2013 -001 EXHIBIT "A" DEV NO. 2012 -00099 APN: 360 - 061 -13 360- 061 -15 -6- PC2013 -001 ® Source: Recorded Tract Maps and/or City GIS. ,,,., Please note the accuracy is +I- two to five feet. EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2012-05632 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00091 (DEV2012- 00099) -7- PC2013 -001 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The legal property owner shall irrevocably offer to dedicate to the City of Public Anaheim an easement for street, public utility and other public purposes for Works the widening of Glassell Street to its ultimate Right -of -way of 60 feet from the Devel. street centerline. Services 2 Street improvement plans shall be submitted for all public works Public improvements, including reconstruction of sidewalk and landscape Works improvements along Glassell Street, to the Public Works Department, Devel. Development Services Division for review and approval. A bond shall be Services posted in an amount approved by the City Engineer and in a form approved by the City Attorney. All improvements shall be installed and completed prior to the first final building and zoning inspection. GENERAL 3 The permitted event or activity shall not create sound levels which violate any Police ordinance of the City of Anaheim. 4 There shall be no exterior advertising or sign of any kind or type, including Police advertising directed to the exterior from 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. 5 Security measures shall be provided to the satisfaction of the Anaheim Police Police Department to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, and /or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. 6 Any and all security officers provided shall comply with all State and Local Police ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code (Section 4.16.070 AMC). 7 The business shall not be operated in such a way as to be detrimental to the Police public health, safety or welfare. 8 No person under the age of twenty-one (21) shall be allowed on the Police premises at any time unless authorized by the Department of Alcoholic Beverage Control. -7- PC2013 -001 9 There shall be no public telephones on the premises located outside the Code building and within the control of the business owner. Enforcement 10 The sale of alcoholic beverages for consumption off the premises shall be Police prohibited. 11 The rear doors of the facility shall be equipped on the inside with an Police automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. 12 Entertainment shall not be audible beyond the area under the control of the Police business owner. 13 The business owner shall provide security personnel in the parking lot areas Police and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby hotel - nests. 14 Trash shall not be emptied into outside trash containers between the hours Code of 10 p.m. to 7 a.m. daily. Enforcement 15 The floor space provided for dancing shall be free of any furniture or Police partitions and maintained in a smooth and safe condition. 16 The business owner shall not employ or permit any persons to solicit or Police encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, cover charge or any other form of admission charge, salary, or other profit - sharing plan, scheme or conspiracy. 17 Partitions separating the booth areas shall not exceed 52 inches in height. Police 18 The business owner shall not maintain or construct any type of enclosed Police room intended for use by patrons or customers for any purpose. 19 VIP /Hospitality alcoves provided on the premises shall have the following Police characteristics: (a) No physical obstruction shall be attached, fastened, or connected in any manner to any section of the wall or ceiling at the alcove openings. (b) No physical obstruction, including but not limited to, planters, partitions, or items of d6cor, shall be placed or attached to any section of the floor at the alcove openings. 20 All entertainers and employees shall be clothed in such a way as to not expose Police "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 21 The use of all pyrotechnical material, special effects and fireworks shall be Fire permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. -8- PC2013 -001 22 The number of persons attending the event shall not exceed the maximum Fire occupancy load as determined by the 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. 23 An unsubordinated restricted covenant providing shared reciprocal access Planning and parking with the two commercial properties to east shall remain in full force and effect at all times. The covenant shall contain provisions to guarantee that the entire complex be managed and maintained as one (1) integral parcel for purposes of parking and vehicular circulation, and that the covenant be referenced in all deeds transferring all or any part of the interest in the property. 24 Trash storage areas shall be provided and maintained in a location Public acceptable to the Public Works Department and in accordance with Works approved plans on file with said Department. Said storage areas shall be - Sanitation designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from C raffiti opportunities by the use of plant materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers or tall shrubbery. 25 No required parking area shall be fenced or otherwise enclosed for outdoor Planning storage. 26 Any graffiti painted or marked upon the premises or on any adjacent area Code under the control of the property owner shall be removed or painted over Enforcement within 24 hours of being applied. 27 The business owner shall police the area under their control in an effort to Police prevent the loitering of persons around the premises. 28 The parking lot shall be equipped with lighting of sufficient power to Police illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 29 A security plan shall be submitted to prevent loitering and disturbances Police from occurring outside the building, and secure the parking lots, subject to review and approval by the Anaheim Police Department and Code Enforcement Division. Security on the property, including the parking lot areas, shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance by excessive noise created by patrons entering or leaving the premises. 30 The property shall be developed substantially in accordance with plans and Planning specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan), 2 (Floor Plan), and 3 (Elevations) and as conditioned herein. -9- PC2013 -001