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Resolution-PC 2009-067RESOLUTION NO. PC2009-067 A RESOLUTION OF THE ANAI-IEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05361 (1160 NORTH KRAEMER BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit to permit a nightclub on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on E~chibit "A", attached hereto and incorporated herein by this reference; WI-IEREAS, Conditional Use Permit No. 2008-05361 is proposed in conjunction with Adjustment No. 11 to the Anaheim Resort Specific Plan (SPN2009-00056); and WHEREAS, the property proposed for a nightclub 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 Anaheim City Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on July 8, 2009, at 230 p.m., notice of said public heazing 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 conditional use permit and vaziance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City 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, does find and determine the following facts: 1. That 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 nightclub would not adversely affect the adjoining industrial land uses and the growth and development of the azea 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 particulaz azea nor to the health, safety and general welfare of the public because the property is currently improved with a restaurant building and pazking 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 azea because the - 1 - PC2009-067 operations would peak when the surrounding businesses aze closed and there is adequate parking on-site to accommodate all uses on site. WI-IEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve 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 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. BE IT FURTHER RESOLVED that approval of Conditional Use PermitNo. 2008-05361 is subject to approval of Adjustment No. 11 to the Northeast Area Specific Plan (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) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 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 sha11 result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of July 8, 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 Council Resolut`on in the event of an appeal. COMMISSION - 2 - PC2009-067 ARY, ANAHEIM CITY PLANNING COMMISSION STATE QF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, GraceMedina, 3enior 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 July 8, 2009, by the followin~ vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, RAMIIZEZ NOES: COMMISSIONERS: BUFFA, ROMERO ABSENT: COMMISSIONERS: AGARWAL IN WITNES3 WHHREOF, I have hereunCO seC my hand this 8~' day of July, 2009. SENIOR S`~CRETARX, ANAHEIM CI'1~PLANNING COMMISSION - 3 - PC2009-067 EXHIBIT "A" PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008-000.53 APN: 345-101-12 ~O S~ R~NP G~ ~ m ~ ~ ~ G O 2~6, °, ~ ' . ~ ~ ~ o -~ , cr ~ ~ ti ~, D ~. ~~~ ~~6, a Sa ~ao~ Source: Recorded Tract Maps and/or City GIS. ,-ze~ Please note ihe accuracy is+/- two to fve feet. 10781 - 4 - PC2009-067 EXHIBIT "B" CONDITIONAL LtSE PERMIT NO. 2008-05361 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MOIVITORING WITHIN THIR1"Y 30 DAYS FROM THE DATE:OF THIS RESOLUTI ON ' 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. WITHINSIX TY 60 DAYS FROM THE'AATE OF THIS RE'SOLUTION 2 Final landscape plans shall be submitted for review and Planning approval by the Planning D'uector or his/her designee. Said plans shall show minimum 24-inch box size h~ees added to the front setback and new landscape planters within the pazking and circularion areas as required by code. All trees shall be properly and professionaliy maintained by the property owner to ensure mature, healthy growth. 3 That the pazking lot shall be re-surfaced and re-striped in Planning conformance with City standazds. 4 All property used for off-site parking shall be under Planning agreement approved as to form by the Gity 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 pazking spaces are required. - 5 - PC2009-067 GENERAL GONDITIONS - ONGOING DURIN~ OPERATION 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 pernut 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. ~ Valet pazking and stacking of vehicles shall not be Police permitted. Planning 8 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 neaz the main exit from the room. ' Code Enforcement 9 Hours of operation shall cease at 2 a.m., daily. Code Enforcement 10 1'he permitted event or acriviTy 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 shal] 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 Califomia Business and Profession Code. 13 The doors shall remain closed at all times that Police entertainment is pemutted, except during 6mes of enhy or e~t, emergencies and deliveries. - 6 - PC2009-067 14 All entertainers and employeas shall be clothed in such a Police way as to not expose "specified anatomical azeas" 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 aze cleazly 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 shaze 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 azea notifying patrons of the prohibition of alcoholic beverages from leaving the confines of the establishment. - 7 - PC2009-067 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. Planning 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 aze ' on file with the Planning Department Exhibit Nos. 1(Site Plan) and 2(Floor Plan) and as conditioned herein. 27 Approval of this application constitutes approval of the Planning 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 regazding any other applicable ordinance, xegulation or requirement. 28 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. 29 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. - 8 - PC2009-067