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Resolution-PC 2009-038RESOLUTION NO. PC2009-038 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE AECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05403 (1820 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit 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 situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; WHEREAS, Condirional Use Permit No. 2009-05403 is proposed in conjunction 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; and WHEREAS, the properiy proposed for a nightclub, health spa, murals visible to the public right-of-way, building integrated mulfi-tenant signs, changeable copy signs not visible to the public right-of-way and projecting signs is comprised of three parcels. The property is located in the Anaheim Resort Specific Plan (ARSP), Commercial Recreation (C-R) District. The General Plan designates this property and all adjacent properties for Commercial Recrearion land uses; and WHEREAS, the Anaheim City Planning Commissaon did hold a public hearing at the Civic Center in the City of Anaheim on Mazch 2, 2009, at 230 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 heaz and consider evidence for and against said proposed condirional use permit and to investigate and make findings and recommendarions in connecrion therewith; and WHEREAS, the Anaheim City Planning Commission, after due inspection, invesrigation and study made by itself and in its behalf, and after due considerarion of all evidence and reports offered at said hearing, does find and determine the following facts: l. That a nightclub, health spa and projecting signs in the Anaheim Resort Specific Plan zone aze uses and signs for which a condirional use permit is authorized by Anaheim Municipal Code Secrions 18116.070.0402 (Public Dance Hall and Massage Establishment) and 18.116.160.130 (Projecring Signs), and further, that murals visible to the public right-of-way, building integrated multi-tenant signs and changeable copy signs not visible to the public right- of-way aze signs for which a conditional use permit would be authorized based upon approval of Specific Plan Amendment No. 2008-00055. - 1 - PC2009-038 2. That the proposed nightclub, health spa, changeable copy sign, building- integrated multi-tenant signs, projecting signs and lifestyle image displays (murals visible to the public right-of-way) aze consistent with the intent of the Anaheim Resort Specific Plaza. These components will complement and enhance the tourism-related land uses in the Anaheim Resort azea, and will not adversely affect the adjoining land uses or the growth and development of the area. 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 particulaz area nor to the health, safety and general welfaze of the public because all of the above mentioned uses aze integrated with the proposed hotel complex. Full devetopment of the nightclub and health spa was given cazeful consideration during project design, and is sufficiently accommodated within the proposed building program. Therefore, the full development of the proposed uses will not be detrimental to the particulaz area or to the health, safety and general welfaze of the public. 4. That the traffic generated by the proposed project would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. A traffic study has been prepazed for project which assessed the nightclub and health spa uses, along with other land use components of the project, in the trip generation analysis. The project's potential traffic impacts were evaluated in the Mitigated Negative Deelazation, which indicated that project traffic impacts would be less than significant with the implementation of appropriate mitigation measures. 5. That one person spoke in favor and submitted a letter, two persons expressed support with some exceptions and submitted two letters and one person relayed some concems. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declazation and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve 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 aze 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. - 2 - PC2009-038 BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2009-05403 is subject to approval of General Plan Amendment No. 2008-00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008-00055), Variance No. 2008-004761, Public Convenience or Necessity No. 2009-00056, and Final Site Plan No. 2008-00004; and BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the 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) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolurion is expressly predicated upon applicant's compliance with each and all of the condirions hereinabove set forth. Should any such condition, or any part thereof, be declazed 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 chazges 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 chazges shall result in delays in the issuance of required permits or the revocafion of the approval of this applicafion. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meering of March 2, 2009. 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 Cou~cil Res~ tion in the event of an appeal. ^ CITY ATTEST: ~ SENIOR~ECRETARY, ANAHEIM CITY FLANNING COMMISSION - 3 - PC2009-03$ 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 resolurion was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 2, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: EASTMAN ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 16`~ day of March, 2009. SENIOR`'SECRETARY, ANAHEIM CITY PLANrTING COMMISSION - 4 - PC2009-038 EZHISIT "A" CONDITIONAL USE PERMIT NO. 2009-0~403 - 5 - PC2009-038 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009-05403 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MOIVITORING 1VIGHTCLUBBAR GENERAL i 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 operarion. 2 The permitted event or ac6vity shall not create sound levels Police/ that violate any ordinance of the City of Anaheim. (Secrion Code Enforcement 4.16.100.010 Anaheim Municipal Code) 3 Security measures shall be provided to the satisfacrion of Police/ the Anaheim Police Deparhnent 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 aze providing entertainment, the Police/ petitioner(s) shal] provide uniformed security personnel. Code Enforcement 5 The number of persons attending the event shall not exceed Fire/ the maacimum occupancy load as determined by the Code Enforcement Anaheim Fire Departrnent, 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 azeas" 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 - PC2009-038 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 eonspiracy. (Secrion 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 condirion. 11 Any violarion of the application, or any attached conditions, Police/ shall be sufficient grommds 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 indicaring the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are cleazly 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 fime without Code Enforcement obtaining the proper permits from the City of Anaheim. 18 The nightclub shall be inspected by Clty 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 - PC3009-038 Health Spa/Nlassage 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 configuraHon 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 TD OPER.4TION 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 aze not visible from six feet above ground level on Hazbor Boulevazd 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 applicanUdeveloper shall demonsh~ate to the plannin g safisfaction 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 - PC2009-038 determines there is an impact, the applicant/developer shall be required to comply with mitigations listed below, or with equivalent mitigarion, to mitigate the impact: 1. The applicanUdeveloper may be required to dim the output of the LED display, either automarically (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 direcrion since most modem display modules aze designed with louver- like dividers behveen the rows of LEDs that help focus the light emissions to the intended viewers and/or; 3. The applicanUdeveloper may be required to apply lighting shields to limit off=site spillage to adjacent properties; The LED struchue 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. Operarion of the LEA display will not be permitted unril the City Planning Director and the Building Official grants final approval and completes inspecrion of the structure. GENERAL ' 26 The subject property shall be developed substantially in Planning accordance with plans and specificarions submitted to the City of Anaheim by the petitioner and which plans aze on file with the Planning Depariment mazked E~ibit Nos. 1 through 82, and as conditioned herein. 27 That extensions for ~urtlaer time to complete condirions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 28 That riming for compliance with conditions of approual 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 modificarion complies with the Anaheim Municipal Code and (iii) the applicanthas demonstrated significant progress toward establishment of the use or approved development. - 9 - PC2009-038 29 Approval of this application consritutes 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 regazding any other applicable ordinance, regularion or requirement. - 10 - PC2009-038