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RES-2009-056RESOLUTION NO. 2009 -056 A RESOLUTION OF THE CITY COUNCIL OF THE C'ITY OF ANAHEIM APPROVING CONDITIONAL I_ SE PERMIT NO. 2009- 05403. WHEREAS. the Anaheim City Planning Commission (hereinafter the "Planning Commission did receive a verified Petition for the approval of Conditional Use Permit No. 2009 05403, to construct a new nine story, 252 -room hotel with 75,593 square feet of accessory uses with a nightclub, health spa, murals visible to the public right -of -way, building integrated multi -tenant signs, and projecting signs, for that certain real property generally located at 1820 South Harbor Boulevard, Anaheim, California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "application and WHEREAS, Conditional 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 04761; Determination of Public Convenience or Necessity No. 2009 00056; and Final Site Plan No. 20(18 -00004 (hereinafter the "Discretionary Actions and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009, 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, to hear and consider evidence for and against said project. including Conditional Use Permit No. 2009- 05403, and, at said hearing, did receive evidence and reports from persons interested therein and from its staff; and WHEREAS, the Planning Commission has reviewed the Discretionary Actions and did find and determine that the Mitigated Negative Declaration 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 judgmen: 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; and WHEREAS, said Planning Commission, after due inspection, investigation and studies 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 -038 granting Conditional Use Permit No. 2009 05403; and WHEREAS, said Planning Commission, by its Motion, did request that the Anaheim City Council review the Planning Commission's action approving Conditional Use Permit No. 2009 -05403 at a duly noticed public hearing; and 1 WHEREAS, thereafter, the City Council did set Conditional Use Permit No. 2009 -05403 for a de novo hearing, which public hearing was duly noticed and held as prescribed by law and, as a result thereof. the City Council does hereby make the following findings: 1. That a nightclub, health spa and projecting signs in the Anaheim Resort Specific Plan zone are uses and signs for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.1 16.070.0402 (Public Dance Hall and Massage Establishment) and 18.1 16.160.130 (Projecting 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 are signs for which a conditional use permit would be authorized based upon approval of Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055) and Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009- 00297), now pending. 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) are consistent with the intent of the Anaheim Resort Specific Plan, as proposed for amendment. These components will complement and enhance the tourism- related land uses in The Anaheim Resort area, and will not adversely affect the adjoining land uses or the growth and dev elopment 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 particular area nor to the health, safety and general welfare of the public because all of the above mentioned uses are integrated with the proposed hotel complex. Full development of the nightclub and health spa was given careful 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 particular area or to the health. safety and general welfare 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 prepared 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 Declaration, which indicated that project traffic impacts would he less than significant with the implementation of appropriate mitigation measures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 2009 -05403 be, and the same is hereby, granted. BE IT FURTHER RESOLVED that the Anaheim City Council does approve Conditional Use Permit No. 2009 -05403 subject to the conditions of approval described in Exhibit "13" 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. BE IT FURTHER RESOLVED that the City Council, as lead agency for purposes of the California Environmental Quality Act, having reviewed the Discretionary Actions, does hereby find and determine that the Mitigated Negative Declaration 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 City Council of the City of Anaheim 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 he deemed null and void. BE IT FURTHER RESOLVED that this application is granted subject to the approval by the City Council of 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 (MIS2009- 00297), Variance No. 2008 04761, and Final Site Plan No. 2008- 00004, now pending. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31st day of March 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring NOES: Council Member Galloway ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE CITY OF A AHEIM 72433.v1 /MGordon CITY OF AHEIM By: OR OF THE CITY 0 ANAHEIM EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2009 -05403 KATELLA AVE 540' 550' O N Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 10715 4 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING NIGHTCLUB/BAR GENERAL At least one express elevator shall operate to take patrons of the nightclub directly to the eighth floor during hours of nightclub operation. Planning/Police The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code) Police/ Code Enforcement I I r■■ Security measures shall be provided to the satisfaction of the Anaheim Police Department to 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. Police/ Code Enforcement Anytime the premises are providing entertainment, the petitioner(s) shall provide uniformed security personnel. Police/ Code Enforcement 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. Fire/ Code Enforcement 6 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. Police/ Code Enforcement 7 All entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. Police/ Code Enforcement 8 No one under the age of 21 shall be allowed in the nightclub. Police/ Code Enforcement EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009-05403 5 9 10 11 12 13 14 15 I6 I8 GENERAL 19 The business shall not 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. (Section 24200.5 Alcoholic Beverage Control Act). The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. There shall be no exterior advertising or sign of any kind 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. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. There shall be no requirement to purchase a minimum number of drinks. Signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from leaving the confines of the establishment. Alcoholic beverages cannot be included in the price of admission. There shall be no amusement machines or video game devices maintained upon the premises at any time without obtaining the proper permits from the City of Anaheim. The nightclub shall be inspected by City staff every two years, at the expense of the business operator, to confirm compliance with applicable conditions of approval and Municipal Code provisions. HEALTH SPA/MASSAGE ESTABLISHMENT This business shall operate in full compliance with Anaheim Municipal Code Chapter 4.29 pertaining to Massage Establishments. -6 Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Planning/ Code Enforcement Code Enforcement PRIOR TO ISSUANCE °OFF UILDING PERMVIITS 20 Final plans for the size and configuration of display cases shall he submitted to the City Planning Director or his/her designee for review and approval. Planning GENERAL 21 The `Lifestyle image displays" shall not include any text whatsoever. Planning/ Code Enforcement 22 The business operator shall obtain approval from the City Planning Director or his /her designee prior to changing the images displayed within the storefront displays. Planning BUILDING INTEGRATED MULTI TENANT SIGNS GENERAL Final sign plans shall be submitted to the City Planning Director or his/her designee for review and approval. Planning CHANGEABLE COPY SIGNS PRIOR TO OPERATION 24 The developer /business operator shall demonstrate to the 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 are not visible from six feet above ground level on Harbor Boulevard 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. Planning The applicant /developer shall demonstrate to the satisfaction of the City Planning Director or his /her designee. 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 determines there is an impact. the applicant /developer shall be required to comply with mitigations listed below, or with equivalent mitigation, to mitigate the impact: I. The applicant /developer may be required to dim the output of the LED display, either automatically (photovoltaic sensor) or manually, to ensure no off -site lighting spillage; and /or Planning MURALS (LIFESTYLE IMAGE DISPLAYS) 7 28 26 2. The applicant /developer may be required to adjust the angle of the LED display in a different direction since most modern display modules are designed with louver -like dividers between the rows of LEDs that help focus the light emissions to the intended viewers and /or; 3. The applicant /developer may be required to apply lighting shields to limit off -site spillage to adjacent properties; The LED structure 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. Operation of the LED display will not be permitted until the City Planning Director and the Building Official grants final approval and completes inspection of the structure. GENERAL Applicant has designed the LED screen on the pool deck and the water screen at the rooftop lounge to not be visible from pedestrian or vehicular traffic at the Katella Avenue /Harbor Boulevard intersection. There may be some instances where a limited number of select hotel rooms could view either one of the above referenced visual elements. Given the high quality destination environment within the Anaheim Resort district, the applicant /developer shall ensure that all image displays visible to off -site resort guests, including the LED screen and the water screen. will not include explicit sexual content or gratuitous violence. GENERAL The 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 Nos. 1 through 82, and as conditioned herein. The time period to satisfy conditions of approval shall be two (2 i years from the date of this resolution. Extensions for further time may be granted in accordance with Section 18.60.? 70 of the Anaheim Municipal Code. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that Planning Planning Planning Planning 8 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. 0 Approval of this application constitutes approval of the 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 regarding any other applicable ordinance, regulation or requirement.