Resolution-PC 2005-147~ ~
RESOLUTION NO. PC2005-147
A RESOLUTtON ~F THE ANAHEIM PLANNING COMMISSION '
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2004-04852, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2004-74,
ADOPTED THEREWITH
(2916 WEST LINCOLN AVENUE)
WHEREAS, on July 26,2004, the Anaheim Planning Commission, by
Resolution No: approved Conditional Use Permit Na: 2004-04852 to permit a nightclub at 2916 West Lincoln
Avenue; and
WHEREAS, said ResolutionNo. PC2004-74 includes the following condition of approvaL•
"1. That the`permit for the nightclub shall expire one (1) year form the date of this Yesolution on
July 26, 2005:' '
WHEREAS, this property is currently developed with a nightclub, the underlying zoning is GG;
the Anaheim General Plan designates this property for Corridor Residential land uses; and this property is
located within the WesfiAnaheim Commercial Corridors Redevelopment Project constituent sub-area ofthe
Anaheim Redevelopment Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permif #o retain a
previously approved nightclub pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
WHERERS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on August 8, 2005, at 2:30 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 "Procedures'; to hear
and consider evidence for and against said proposed amendment and'#o investigate and make findings and
recommendations in connection therewith; antl that said public hearing was continued to the August 22, and
September 7, 2005 Planning Commission meetings; 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, does find and
determine the following facts: : .
1. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is located.
3. That the size and shape of the site for the proposal is adequate to allow full development of the
use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare.
4. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
5. ' That granting this reinstatement, 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 this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public peace, health, safety and general welfare.
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8. _ That 2 people spoke in opposition at the public hearing and no correspondence was received in
opPosition. , ,
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The PlanningDirector's authorized
representative has determined that the proposed projectfalis within the definition of Categorical Exemptions,
Class 1, as defined in #he State EIR Guidelines and is, therefore, categorically exempt from the requirement to
prepare an EIR. '
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
amend Resolution No. 2004-74, adopted in connection with Conditional Use Permit No. 2004-04852, to
reinstate this conditionaf use permit, therein to read as follows:
1. That the permit for the nightclub shall expire one (1) year from the date of this resolution -
on July26, 2006.
2. The permitfed event or activity shall not create sound levels that cause noise disturbance
to surrounding properties, which violate any ordinance of the City of Anaheim (Section
- 4.16.100.010Anaheim Municipal Code).
3. Between the hours' of 8:00 p.m. and closing or at any time the premises are providing
entertainment, the petitioner(s) shall provide 6-8 uniformed securitypersonnel. They shall
maintain order therein and prevent any activity that would interfere with the quiet
enjoyment of their property by nearby residents.
4. No dancing shall commence prior to eight (8) p.m. nor continue beyond two,(2) a.m. of the
same evening (Section 4.16.060.040 Anaheim Municipal Code).
5. The number of persons attending the event shall not exceed the maximum 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
(Section 25.114(a) Uniform Fire Code).
6. The floor space provided for dancing shall be free of any furniture or partitions and
maintained in a smooth and safe condition (Section 4.16:050.010 Anaheim Municipal
. Code).
7: Signs shall be posted at all exits of the premises of the prohibition ofi alcohofic beverages
from leaving the confines of the establishment. There shall be no alcohof beverages
served or consumed within the patio area.
8. The licensee(s) shall not maintain or construct any type of enclosed room intended for use
~ by patrons or customers for any purpose.
9. That the landscape planters shall be permanently maintained with live and healthy plant .
materials.
10. 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.
11. That the on-site landscaping and irrigation system shall be maintained in compliance with
City standards.
12, 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
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, movement of persons and vehicles, and to prevent disturbance to the neighborhood by
excessive noise created by patrons entering or leaving the premises.
13. 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).
14. That all guests occupying the nightclub shall be at least 21 years of age.
15. That no alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the alcoholic beverage licensee.
16. That all entertainers and employees shall be clothed in such a way as not#o expose
"specified anatomical areas" as described in Section 4.96.100.010 of the Anaheim
Municipal Code.
17. That no "happy hour" or reduced price alcoholic beverage promotion shall be allowed at
any time.
18. That the sale'of alcoholic beverages for off-premises consumption sale not be permitted. -
: 19. 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 '
, co{lected as a door charge, covec charge or any other form of admission charge, including
minimum drink orders, or the sale of drinks.
20. That there shall be no requirement to purchase a minimum number of drinks.
21. That alcoholic beverages shall not be included in the price of admission.
22. That no person under the age of 21 shall sell or deliver alcoholic beverages.
23. That the licensee(s) shall not maintain or construct any type of enclosed room intended for
use by patrons or customers for any purpose.
24. That all 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.
25. - That all existing and proposed roof-mounted equipment shafl be completely screened from
view in all directions by properly designed and maintained design elements of the building.
26. 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.
27. 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.
28. 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.
29. That the parking lot serving the premises shall be equipped with lighting of su~cient 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 wintlows of nearby residences. Said _
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information shall be specifically shown on plans submitted for Police Department, .
Community Services Division approvaL
30. That the business operator shall comply with Section 24200.5 of the Business and '
Professions Code so as not to employor 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 ptan, scheme or conspiracy.
31. That there shall be no public telephones on the premises located outside the building.
32. 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.
33. That no advertising or identification of any type shaU be permitted on any outdoor furniture
' or equipment including umbrellas, by illustration, text or any other-means of visual
communication.
34. That the property shall be permanently maintained in an orderly fashion by providing
regular landscape maintenance, removal of trash or debris, and removal of graffiti within
twenty-four (24) hours from time of occurrence:
35. That four (4) foot high address numbers shall be maintained 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.
36. " That trash storage areas shall be maintained to the satisfaction of the Public Works
Department, Streets and Sanitation Division to comply with approved plans on file with
said Department.
37. That the hours of operation shall be limited to 8 p.m. to 2:00 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.
39. That within a period of one 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 annual Community Preservation Division inspections to ensure'
compliance with conditions of approval. The cost of such inspections shall be paid by the
applicant in a timely manner.
41. That signs directing patrons to parking in the rear of the facility shall be maintained on' the
property at all times.
42. That approval of this application constitutes approval of the proposed request only to the
extent that it compfies 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.
43. That security cameras shall be placed within the nightclub to ensure visibility.for the
security company.
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AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the following
new conditions ,
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressty predicated upon applicanYs compliance witfi each and all
of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or
unenforceableby 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
September 7, 2005.' Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replace by a City Council
Resolution in the event of an appeaL ,
CHAIRMANPRO TEMPORE, AN I PL NNING'COMMISSION
ATTEST:
' LZ - f ~~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION'
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
September T, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: FLORES, KARAKI, PEREZ, ROMERO
NOES: COMMISSIONERS: BUFFA
ABSENT: COMMISSIONERS: EASTMAN, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of /VA vt,n ~cr,
2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION