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RES-2009-158RESOLUTION NO. 2009 -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2008-05361. WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2008 -05361 to permit the conversion of an existing restaurant building into a nightclub on certain real property generally located at 1160 North Kramer Boulevard, Anaheim, California, as more particularly shown in Exhibit "A" attached hereto and incorporated by this reference (hereinafter the "application "); and WHEREAS, Conditional Use Permit No. 2008 -05361 is proposed in conjunction with Adjustment No. 11 to the Northeast Area Specific Plan 94 -1 (hereinafter the "Project Actions "); and WHEREAS, the property is currently developed with a freestanding restaurant located in the Northeast Area Specific Plan, La Palma Core Area (SP94 -1, DA3) zone and the Merged Redevelopment Project Area and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the 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 of the Anaheim Municipal Code; and WHEREAS, said 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, did adopt its Resolution No. PC2009 -067 recommending approval of Conditional Use Permit No. 2008 - 05361, to permit the conversion of an existing restaurant into a nightclub, and did recommend that the City Council approve Adjustment No. 11 to the Northeast Area Specific Plan No. 94 -1; and WHEREAS, the Planning Commission has reviewed the Project Actions and did find and determine that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation; and WHEREAS, any action by the Planning Commission recommending approval of a specific plan adjustment shall be acted upon by the City Council as required by subdivision .040 of Section 18.72.040 of the Anaheim Municipal Code; and the Planning Commission did request a review of its decision approving Conditional Use Permit No. 2008 -05361 by the City Council; and - 1 - WHEREAS, the City Council did set said application for such project for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold a duly noticed public hearing to consider said application and did receive and consider evidence and testimony for and against the application, and based thereon does hereby make the findings and determination hereinafter set forth; and WHEREAS, the City Council does find, after careful consideration of all evidence and reports submitted to the Planning Commission and the action taken by said Commission, and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in the Anaheim Municipal Code are present for the following reasons: 1. That the conversion of an existing restaurant building to a nightclub is a use for which a conditional use permit would be authorized based upon approval of Adjustment No. 11 to the Northeast Area Specific Plan. 2. That the conversion of an existing restaurant to a nightclub would not adversely affect the adjoining industrial land uses and the growth and development of the area in which it is proposed to be located provided that the business adheres to the conditions of approval and the security plan because the business would operate when most other businesses are closed. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the property is currently improved with a restaurant building and parking is provided on -site and on the adjacent site to the north. 4. That the traffic generated by the nightclub would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the operations would peak when the surrounding businesses are closed and there is adequate parking on -site and the adjacent property to the north to accommodate all uses on site. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class l(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 Council does hereby grant Conditional Use Permit No. 2008 -05361 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 safety and general welfare of the Citizens of the City of Anaheim. -2- BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2008 -05361 is subject to approval of Adjustment No. 11 to the Northeast Area Specific Plan No. 94 -1 (SPN2009- 00056); and BE IT FURTHER RESOLVED that 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 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. 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 business owner 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 delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of September 2009, by the following roll call vote:. AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSENT: NONE CITY O AHEIM 14 B MAYOR OF THE CIT OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 74193.v1 -3- EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2008-05361 APN: 345 - 101 - 12 G�RGNPDO 51 v m G 4 cr o_ o_ Source: Recorded Tract Maps and/or City GIS. r Please note the accuracy is +l- two to five feet. 10781 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05361 -5- RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS :RESOLUTION 1 A security plan shall be submitted for approval of the Chief Police of Police or his/her designee that includes security Planning measures that would deter unlawful 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. Once approved, a copy of the security plan shall be maintained with the Police Department Vice Detail and the Planning Department. Any amendments to the plan shall be approved by the Chief of Police or his/her designee and shall also be filed with the Police Department Vice Detail and the Planning Department. WITHIN SILTY (60) DAYS FROM THE DATE OF THIS RESOL UTION 2 Final landscape plans shall be submitted for review and Planning approval by the Planning Director or his/her designee. Said plans shall show minimum 24 -inch box size trees added to the front setback and new landscape planters within the parking and circulation areas as required by code. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. 3 That the parking lot shall be re- surfaced and re- striped in Planning conformance with City standards. 4 All property used for off -site parking shall be under Planning agreement approved as to form by the City Attorney. The City Attorney agreement shall be recorded in the Office of the County Recorder, and a recorded copy filed with the Planning Department and, further, shall specify the number and location of the off -site parking spaces and assure that the spaces shall be accessible and available at all times for parking in conjunction with the use for which the parking spaces are required. -5- GENERAL GUNDITIDNS — :ONGOING D URING OPERATI ©N 5 The subject use permit shall expire six (6) months from Planning the date of this resolution. A request for reinstatement of Code Enforcement a time limited permit shall be made in writing no later than six (6) months after the expiration date of the permit sought to be reinstated or renewed, and must be accompanied by an application form and the required filing fee. 6 The Police Department and Code Enforcement Division Police of the Planning Department may conduct an unscheduled Code Enforcement inspection at least once each month to gain and /or maintain compliance with State and local statutes, ordinances, laws or regulations. The property owner /applicant shall pay the costs of Code Enforcement inspections. 7 Valet parking and stacking of vehicles shall not be Police permitted. Planning S The number of persons attending the event shall not exceed Fire 550 persons. Signs indicating the occupant load shall be Police posted in a conspicuous place on an approved sign near the main exit from the room. Code Enforcement 9 Hours of operation shall cease at 2 a.m., daily. Code Enforcement 10 The permitted event or activity shall not create sound levels Police that violate any ordinance of the City of Anaheim. Code Enforcement 11 Anytime the premises are providing entertainment, the Police applicant shall provide licensed uniformed security personnel. 12 Any and all security officers provided shall comply with all Police State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. 13 The doors shall remain closed at all times that Police entertainment is permitted, except during times of entry or exit, emergencies and deliveries. 14 All entertainers and employees shall be clothed in such a Police way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 15 No one under the age of 21 shall be allowed on the Police premises any time it is open for business. 16 The business shall not employ or permit any persons to Police solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit - sharing plan, scheme or conspiracy. 17 The floor space provided for dancing shall be free of any Police furniture or partitions and maintained in a smooth and safe condition. 18 There shall be no exterior advertising or sign of any kind Police or type, including 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. 19 The sale of alcoholic beverages for consumption off the Police premises is strictly prohibited. 20 Petitioner shall not share any profits, or pay any Police percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 21 There shall be no requirement to purchase a minimum Police number of drinks. 22 Alcoholic beverages cannot be included in the price of Police admission. 23 Signs shall be posted at all exits of the premises including Police out to the patio area notifying patrons of the prohibition of alcoholic beverages from leaving the confines of the establishment. -7- 24 One security officer must be posted in the patio area at all Police times. 25 Any violation of the application, or any attached conditions, Police shall be sufficient grounds to revoke the permit. Plying 26 The subject property shall be developed substantially in Planning accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan) and as conditioned herein. 27 Extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 28 Timing for compliance with conditions of approval may Planning 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development.