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Resolution-PC 2012-070RESOLUTION NO. PC2012 -070 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004 -04952 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2010- 00050A) (401 NORTH ANAHEIM BOULEVARD) WHEREAS, on February 23 2005 and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission "), by its Resolution No. PC2005 -28, did approve Conditional Use Permit No. 2004- 04952 to permit a public dance hall, banquet hall and a community religious assembly facility with on- premises sales and consumption of alcoholic beverages and an off -site parking lot for a period of two (2) years, to expire on February 23, 2007 (herein referred to as the "Original CUP ") on that certain real property located at 401 North Anaheim Boulevard in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the 'Property "); and WHEREAS, on January 7, 2008, the Planning Commission, by its Resolution No. PC2008 -5, approved an amendment to the Original CUP to reinstate the permit to retain a previously- approved public dance hall, banquet hall, and community and religious assembly with on- premises sales and consumption of alcoholic beverages and an off -site parking lot, amend previously- approved plans, permit a cover charge, and amend conditions of approval to remove the time limitation; and WHEREAS, on May 10, 2010, the Planning Commission, by its Resolution No. PC2010 -031, approved another amendment to the Original CUP to add a patio to an existing public dance hall/restaurant and modify conditions of approval regarding food service, age restrictions, and the service of alcoholic beverages within the patio areas; and WHEREAS, the Property is developed with an existing nightclub building. The building is located in the C -G (General Commercial) zone. The adjacent parking lot to the west is located in the T (Transition) and RM -4 (Multiple Family Residential) zones. Property is designated for Mixed Use land uses in the City of Anaheim General Plan; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2004 - 04952D") to modify conditions of approval and permit a Type 48 (On Sale General — Public Premises) ABC alcoholic beverage license for an existing nightclub (collectively referred to herein as the "proposed project "); and - 1 - PC2012 -070 WHEREAS, the conditions of approval which were the subject of the Original CUP, as said conditions were subsequently amended by Resolutions No. PC2005 -28, PC2008 -5, and PC2010 -031, shall be referred to herein collectively as the 'Previous Conditions of Approval'; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 10, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions Chapter 18:60 of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed project to investigate and make findings and recommendations in connection therewith, and the item was continued by the Planning Commission to October 8, 2012 meeting; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the 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 pertaining to the request for an amendment to the Original CUP to modify conditions of approval and permit a Type 48 (On Sale General — Public Premises) ABC alcoholic beverage license for an existing nightclub, does find and determine the following facts: 1. That the proposed amendment to the Original CUP to permit a Type 48 (On Sale General — Public Premises) ABC alcoholic beverage license for an existing nightclub is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Uses) of the Zoning Code. 2. The proposed amendment to the Original CUP to permit a Type 48 ABC alcoholic beverage license for an existing nightclub would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located, as conditioned herein, and with the operational restrictions such as a complimentary valet parking service, no outdoor amplified music, and security plan to ensure no disturbances occur in the surrounding neighborhood. 3. The size and shape of the Property 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 the Property currently contains adequate parking to accommodate the nightclub and no increase in intensity is proposed. -2- PC2012 -070 4. The traffic generated by the amendment to the Original CUP to permit a a Type 48 ABC license for an existing nightclub would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the intensity of the use and number of vehicles entering and exiting the Property will not increase as a result of this proposal. 5. The granting of the amendment to the Original CUP under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the operational characteristics of the business will not be intensified. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2004- 04952D, subject to the conditions of approval described in Exhibit B attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 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. 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) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the 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 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. BE IT FURTHER RESOLVED that 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 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. -3- PC2012 -070 BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amends the Previous Conditions of Approval and, except as specifically amended hereby, the Previous Conditions of Approval shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B shall control and govem the Property. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 8, 2012. 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 Resolution in the event of an appeal. ATTEST: ANN CHAIR, ANAHEIM CITY ING COMMISSION , ANAHEIM CITY PLANNING COMMISSION 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 resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 8, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 8 day of October, 2012. &-,,— " SENIOR ARY, ANAHEIM CITY PLANNING COMMISSION PC2012 -070 EXHIBIT "A" DEV NO. 2010- 00050A APN: 035 - 101 -15 035 - 101 -14 ^ne wne e� �G O Z D I PA .RE SZ Z n �G 0 Z 7 a DES E C PV m G O o so !oe Fri Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -5- PC2012 -070 �� E PE, EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-04952 (CONDITIONAL USE PERMIT NO. 2004-04952D) (DEV2010- 00050A) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 Subject property shall be developed, maintained and operated Planning 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, 2, and 3 and as conditioned herein. 2 Any tree and/or landscaping planted on -site shall be replaced in a Code timely manner in the event that it is removed, damaged, diseased Enforcement and /or dead. 3 Gates shall not be installed across any driveway in a manner which Public Works may adversely affect vehicular traffic in the adjacent public streets. — Traffic Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 4 The business shall provide a loading zone for the valet parking Planning service. 5 No required parking area shall be fenced or otherwise enclosed for Planning outdoor storage uses. 6 Roof - mounted equipment shall be screened from view in accordance Planning with the requirements of the Anaheim Municipal Code pertaining to the CG (General Commercial) Zone. 7 Trash storage areas shall be provided and maintained in a location Planning, acceptable to the Public Works Department and in accordance with Public Works approved plans on file with said Department. Said storage areas - Sanitation shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers or tall shrubbery. 8 The use of any amplifying system or device shall be prohibited on Police, the patio and/or balcony areas, and the use of any such system or Code device inside the premises shall not be audible at the property line. Enforcement -6- PC2012 -070 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 9 Any permitted event or activity under the control of the business Police, owner shall not create sound levels which violate any ordinance of Code the City of Anaheim as described in Sections 6.70 and 6.72 of the Enforcement Anaheim Municipal Code. Moreover, there shall be no amplified, D.J., acoustic, or any other such music permitted outside of the building, including the outdoor patio and balcony areas. 10 There shall be no exterior advertising or sign of any kind or type, Police 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. 11 A revised security plan shall be submitted to prevent loitering and Police disturbances from occurring outside the building, secure the parking lots, and monitor pedestrian traffic across Anaheim Boulevard, subject to review and approval by the Anaheim Police Department and Code Enforcement Division. Security on the property, including the parking lot area, shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, and/or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. The security measures implemented for each event, including the number of security guards for each area of the premises shall be subject to review and approval by the Police Department. 12 Any and all security officers provided shall comply with all State Police 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 AMC). 13 The business shall not be operated in such a way as to be detrimental Police, to the public health, safety or welfare. Code Enforcement 14 No person under the age of twenty -one (21) shall be allowed on the Police premises any time the nightclub is open for business. 15 There shall be no public telephones on the premises located outside Code the building and within the control of the business owner. Enforcement 16 The business owner shall not employ or permit any persons to solicit Police or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, cover charge or any other form of admission charge, salary, or other profit - sharing plan, scheme or conspiracy. -7- PC2012 -070 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 17 The property shall be permanently maintained in an orderly fashion Code by providing regular landscape maintenance, removal of trash or Enforcement debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 18 The sale of alcoholic beverages for consumption off the premises Police shall be prohibited. 19 The rear doors of the facility shall be equipped on the inside with an Police automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. 20 Trash shall not be emptied into outside trash containers between the Police, hours of 10 p.m. to 7 a.m. daily. Code Enforcement 21 The floor space provided for dancing shall be free of any furniture Police or partitions and maintained in a smooth and safe condition. 22 VIP/Hospitality alcoves provided on the premises shall have the Police following characteristics: (a) No physical obstruction shall be attached, fastened, or connected in any manner to any section of the wall or ceiling at the alcove openings. (b) No physical obstruction, including but not limited to, planters, partitions, or items of decor, shall be placed or attached to any section of the floor at the alcove openings. 23 Signs shall be posted at all exits of the premises, including out of the Police patio area, notifying patrons of the prohibition of alcoholic beverages from leaving the confines of the establishment. 24 Adequate lighting of parking lots, driveway, circulation areas, aisles, Police passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said lighting shall be decorative and complementary to the architecture of the building. 25 Code Enforcement staff shall conduct three unannounced Code inspections over a one year period, ending on October 8, 2013, to Enforcement determine on -going compliance with conditions of approval. The cost of these inspections shall be billed to and paid by the applicant. -8- PC2012 -070 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 26 Loitering shall be prohibited on or around the premises. Police, Code Enforcement 27 The number of persons on the premises shall not exceed the Fire 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. 28 Any amusement machines, video game devices, or pool tables Code maintained upon the premises shall be in compliance with the Enforcement Anaheim Municipal Code. 29 The business owner shall police the area under their control in an Police effort to prevent the loitering of persons about the premises. 30 The business owner is responsible for maintaining free of litter the Police, area on and adjacent to the premises over which they have control. Code Enforcement 31 The use of all pyrotechnical material, special effects and fireworks Fire shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. 32 The business shall provide for bus /shuttle loading and unloading, Planning, either on or off -site, subject to review and approval of the Planning Public and Public Works Departments. Works - Traffic -9- PC2012 -070