Resolution-PC 2004-74~ ~
RESOLUTION NO. PC2004-74
ARESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THATPETITION FOR CONDITIONAL USE PERMIT N0. 2004-04852 BE GRANTED
- (2916 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of'
California, described as ,
PARCEL 1: THE WESTERLY 89.30 FEET OF THE SOUTHERLY 239.00 FEET OF :
THE NORTHERL,Y 305.00 FEET AND THE EASTERLY 3.00 FEET OF THE WESTERLY
92.30 FEET OF THE SOUTHERLY 139.00 FEET OF THE NORTHERLY 305:00 FEET
OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4
, SOUTH, RANGE'11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51; PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NOR7H LINE OF SAID SECTION 13 DISTANT
- NORTH 89° 41' 15" EAST,' 1162.30 FEET FROM THE NORTHWEST CORNER .
THEREOF; THENCE SOUTH 0° 10' S5" EAST, 1338.22 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID
: SECTION, SAID POINT BEING DISTANT NORTH 89° 37',50".1162.58 FEETFROM THE
INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF SAID SECTION;
THENCE SOUTH 89° 37' 30" WEST 184.58 FEET ALONG SAID SOUTH LINE; THENCE
NORTH 0° 10' 15" WEST 9338:43 FEET PARALLEL WITH THE WEST LINE OF SAID
SECTION T0 THE NORTH LINE THEREOF; THENCE NORTH 89° 41' 15" EAST 184.30
FEET TO THE POINT OF BEGINNING.
PARCEL 2: THE SOUTHERLY 91.00 FEET OF THE NORTHERLY 396.00 FEET OF
THE WESTERLY 92.30 FEET OF THAT PORTION OF THE NORTHWEST QUARTER
OF SECTlON 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, lN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11,
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA AS
FOLLOWS;
BEGINNING AT A POWT ON THE NORTH LINE OF SAID SECTION 13 DISTANT
NORTH 89° 41' 15" EAST, 1162.30 FEET FROM THE NORTHWEST CORNER
THEREOF; THENCE SOUTH 0° 10' 55" EAST, 1338.22 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID
SECTION, SAID POINT BEING DISTANT NORTH 89° 37' 50" 1162.58 FEET FROM THE
WTERSECTION OF SAfD SOUTH LINE WITH THE WEST L1NE OF SAID SECTION;
THENCE SOUTH 89° 37' 30" WEST 184.58 FEET ALONG SAID SOUTH LINE; THENCE
NORTH 0°10' 15" WEST 1338.43 FEET PARALLEL WITH THE WEST LINE OF SAID
SECTION TO THE NORTH LINE THEREOF; THENCE NORTH 89° 41' 15" EAST 184.30
FEET TO THE POINT OF BEGINNING.
EXCEPTING FROM SAID SOUTHERLY 91.00 FEET, THAT PORTION INCLUDING
•WITHIN TRACT NO. 5090, AS SHOWN ON A MAP RECORDED IN BOOK 188, PAGES
9 AND 10 OF~SAID MISCELLANEOUS MAPS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 28, 2004 at 1:30 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
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hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued to
the July 12 and July 26, 2004 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and studymade by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.08.030.040.0402.
2. That the use, as conditioned, would not adversely affect the adjoining land uses and the
growth and development of the area in which it is located based on the operational and security measures
incorporated into the conditions of approvaL
3. That the size and shape of the site for the use is adequate to allow full operation of a nightclub
in a manner not detrimental to the area nor the peace health, safety, and general welfare.
4. That the traffic generated by the use would not impose an undue burden upon the streets an
highways designed and improved to carry in the area since there is adequate on-site parking and circulation
for a nightclub at this location.
5. That 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.' '
6. That 4 people indicated their presence at said'public hearing in opposition; and that one person
spoke in favor at the said public hearing; and that no correspondence was received in opposition to the
subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That Planning Director or her
authorized representative has determined 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions 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:
1. That the permit for the nightclub shall expire one (1) year from the date of this resolution on July 26, 2005. '
2. That the landscape planters shall be permanently maintained with live and healthy plant materials.
3. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
4. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
5. That within thirty (30) days of approval of this resolution, a seating plan shall be submitted to the Fire
Department for review and approval. Once approved, said plan shall be implemented within a period of
time determined by the Fire Department and shall thereafter be maintained in conformance with said plan.'
6. That at all times when entertainment or dancing is permitted, security measures shall be provided to the
satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or
patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to
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prevent disturbance to the neighborhood by excessive noise created by patrons entering or feaving the
premises.
7. That any and all security officers provided shall comply with all State and Local ordinances regulating their
services, including; without limitation, Chapter 11.5 of Division 3 of the California Business and Profession
Code (Section 4.16.070 Anaheim Municipal Code).
8. That all guests occupying the nightclub shall be at least 21 years of age. '
9. ' That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under :
the controi of the alcoholic beverage licensee.
: 10. That all entertainers and employees shall be clothed in such a way as not to'expose "specified anatomical
areas" as described in Section 4.16.100.010 of the Anaheim Municipal Code.
11. That no "happy hour" or reduced price alcoholic beverage promotion shali be allowed at any time:
12. That the sale of alcohalic beverages for off-premises consumption sale not be permitted.
13. That the petitioner shall not share any profits, or pay any percentage or commission to a promoter or
any other person, by means including but not limited to the following: monies collected as a door
, charge, cover charge or any other form of admission charge, including minimum drink orders, or the -
sale of drinks.
14. That there shall be no requirement to purchase a minimum number of drinks.
15. That signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from leaving
the confines of the establishment.
16. That alcoholic beverages shall not be included in the price of admission.
17. That no person under the age of 21 shall sell or deliver alcoholic beverages.
18. That the licensee(s) shail not maintain or construct any type of enclosed room intended for use by patrons
or customers for any purpose.
19. That ali doors serving the nightclub shall conform to Uniform Fire Code requirements and shall be kept
closed at all times during operation of the premises except for ingress/egress, deliveries and emergencies.
20. That all existing and proposed roof-mounted equipment shall be completely screened from view in all
directions by properly designed and maintained design elements of the building. Said information shall be
specifically shown on plans submitted for Zoning Division approvaL :
21. That the applicant may retain 2 arcade devices, which are presently on the premises with issuance of the
proper permits as required by the Anaheim Municipal Code.
22. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time
without issuance of proper permits as required by the Anaheim Municipal Code.
23. This condition was deleted at the public hearing.
24. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior'
from within, promoting or indicating the availability of alcoholic beverages.
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25. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
26. Thatthe parking lot serving the premises shall be'equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot.' Said
lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate '
the windows of nearby residences. Said information shall be specifically shown`on plans submitted for
Police Department, Community Services Division approvaL ~
27: That the business operator shall complywith Section 24200.5 of the Business and Professions Code so as
not to employ or permit any persons to 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.
28. That there shall be no public telephones on the premises located outside the building. '
29. That signage shall be limited to existing and approved signs. That temporary signs and other advertising
devices shall'not be permitted except when in connection with an approved Special Event Permit.
30. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas, by illustration; text or any other means of visual communication.
31. That the property shall be permanently maintained in an orderly fashion by providing regularJandscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence.
32. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color
to the roof material, provided the numbers shall not be visible from the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department, Community Services
Division approval. .
33. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets '
and Sanitation Division to comply with approved plans on file with said Department.
34. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
35. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail No. 476
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said
turn-around area shall be specifically shown on plans submitted for Streets and Sanitation Division
approval.
36. That the legal property owner shall submit an application, legal description and plat for a Subdivision Map
Act Certificate of Compliance prepared by a Licensed land Surveyor or a Registered Civil Engineer
authorized to practice land surveying. A Certificate of Compliance shall be submitted to the Public Works
Department, Subdivision Section, approved by the City Engineer and recorded in the Office of the Orange ,
County Recorder within 180 days of the date of this resolution.
37. That the hours of operation shall be limited to 8 p.m. to 1:30 a.m., Wednesday through Sunday, as
stipulated by the petitioner.
38. That subject property shall be developed substantially in 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 No. 1, as conditioned herein.
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39. That within a period ofione hundred twenty (120) days from the date of this resolution, the applicant shall
obtain the appropriate ABC license (Type 48=Public Premises).
40. That there shall be quarteriy Code Enforcement inspections to ensure compliance with conditions of
approvaL The cost of such inspections shall be paid by the applicant in a timely manner.
41. 7haf a sign'plan shall be submitted to the Planning Services DiVision for review and approval directing
patrons to parking in the rear of the facility.
42. That within 60 days from the date of this resolution, Condition Nos. 15, ,19, 20, 26, 32, 33, 34, 35, 38
and 41 above mentioned, shall be complied with.
43. 'fhat 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 appficable City, State and Federal
regulations: Approval does not include any action or findings as to compliance or approval of the request
regarding any other appiicable ordinance, regulation or requirement. ,
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does fiereby find
and determine that adoption of this Resolution is expressiy 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 26, 2004. Said resolution is subject to the appeal provision set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal pro dur d may be r ced by a City Council
Resolution in the event of an appeal. .
CHAIRP ON, ANAHEIM CITY PLANNING COMMISSION
ATT T: _
SENIOR S ETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 Ju{y 26, 2004, by the fof{owing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: ROMERO
VACANCY: COMMISSIONERS: ONE SEAT:
IN WITNESS WHEREOF, I have hereunto set my hand this ,~~day of
, 2004.
SENJOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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