Loading...
Resolution-PC 2012-085RESOLUTION NO. PC2012 -085 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. PC2012 -070, NUNC PRO TUNC, RELATING TO THE APPROVAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-04952. (DEV2010- 00050A) (401 NORTH ANAHEIM BOULEVARD) WHEREAS, on October 8, 2012, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission "), adopted its Resolution No. PC2012 -070, whereby the Planning Commission approved an amendment to Conditional Use Permit No. 2004 -04952 to modify conditions of approval and permit a Type 48 (On Sale General — Public Premises) ABC alcoholic beverage license for an existing nightclub on that certain real property located at 401 North Anaheim Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, in order to ensure that the conditions of approval attached to Resolution No. PC2012 -070 as Exhibit B conform with and clearly evidence the intent of the Planning Commission, the applicant has requested that the Planning Commission amend a certain portion of Resolution No. PC2012 -070; and WHEREAS, the proposed amendment to Resolution No. PC2012 -070 will more clearly evidence the intent of the Planning Commission; and WHEREAS, the Planning Commission has inherent authority to amend its resolutions under these circumstances, which will have retroactive legal effect upon the adoption of this Resolution; and WHEREAS, by the adoption of this Resolution, the Planning Commission of the City of Anaheim desires and intends to amend Resolution No. PC2012 -070, nunc pro tunc; i.e., having retroactive legal effect. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim as follows: SECTION 1. Condition of Approval No. 9, as set forth on Exhibit B to Resolution No. PC2012 -070, is hereby amended to read as follows: "Any permitted event or activity under the control of the business owner shall not create sound levels which violate any ordinance of the City of Anaheim as described in Sections 6.70 and 6.72 of the Anaheim Municipal Code." - 1 - PC2012 -085 SECTION 2. The Conditions of Approval, Exhibit B to Resolution No. PC2012 -070, are hereby deleted in their entirety, and the revised Conditions of Approval, attached hereto as Exhibit B and incorporated herein by this reference, are hereby substituted in their place, nunc pro tunc. All references to the Conditions of Approval or the revised Conditions of Approval herein and in Resolution No. PC2012 -070 shall be to the revised Conditions of Approval attached to this Resolution as Exhibit B . SECTION 3. Except as expressly amended herein, the provisions of Resolution No. PC2012 -070 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the Planning Commission of the City of Anaheim this 19 day of November, 2012, by the following roll call vote: CHAIR, ANAHEIM CITY PL ING COMMISSION ATTEST: SENIOWSECRETARY, 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 November 19, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 19` day of November, 2012. SENIOR SECTARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2012 -085 EXHIBIT "A" DEV NO. 2010-00050A APN: 035 - 101 -15 035 - 101 -14 v:JE z\ 1 c 0 z v a z n 5 0 Z D a e ` vP i G Q o '0 '00 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -3 - PC2012 -085 EXHIBIT `B" REVISED CONDITIONS OF APPROVAL 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. -4- PC2012 -085 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 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 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. "Mereovernere shall b e no amplified, ,..A s id e th DA aea or any other such m us i e per mi4ed o f building, 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. -5- PC2012 -085 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 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. 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 premi ses during the hours of darkness and provide a safe, -6- PC2012 -085 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 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. 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 -7- PC2012 -085