Resolution-PC 2008-86RESOLUTION NO. PC2008-86
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05315
(735 NORTH ANAHEIM BOULEVARD) :
WHEREAS, the Anaheim Planning Commission did receive a veriFied Petition
for Conditioi~al Use PermitNo. 2008-05315 Yo permit and retain an existing niglrtcl~ib wifli a
cover charge, dancing, and live entertaiiunent on certain real propercy situated in the City of
Aj~al3eim, Co~mty of Orange, State of California, sl~own on ExhiUit "A", attached hereCo and
incorporated herein by this reference.
WHEREAS, the property is developed with a 2,874 square Foot nightclub
building in the General Commercial zone and the Anaheim General Plan designates the property
for Low Medium Aensity Residentia] land uses; and
WHEREAS, Ehe proposed request Yo perniit and retain an existing nigi~tclub
ii~cludes waiver oFthe following:
SECTION 18.42.040.010 Mininnun required padcine spaces.
(49 spaces rec~uired; 20 on-site spaces and
12 off-site spaces proposed)
WHEREAS, Yhe Pluming Commission did l~old a public hearing at khe Civic
Center in Che City of Anal~eim on Septen~ber 3, 2008, at 2:30 p.m., notice of said ~ublic heariiig
having been duly given as reqLiired by law and in accordance with tlie provisions oFthe Anaheim
Mwticipal Code, Chapter 18.60, to hear and consider evidence Eor and against said proposed
~nendinent to a conditional use perniit and to invesYigate a~id malce findings and
reeoinmendatioi~s in connection t'I~erewiYt~; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration ofall evidence aitd reports offered at said
hearing, does find a~id deterniine the following facts:
1. That the proposed request to pennit and retain an exisYi3~g nightclub with a cover
charge, dancing, and live e~7tertainment in the General Coialmercial (C-G) zone is properly one
Cor which a conditional use pennit Ss authorized by Anaheim Mwticipal Code SecCion
13.10.030.010 (Bars and Niglitclubs).
2. That in order Co mitigate potential disturbances on Yhe adj<icent residential
neighborhood, Yhe applicant proposes to monitor the premises during live enCertainment evei~ts,
eliminate loitering and pick tip trasl~ in the rear pazking lot, keep flle rear door elosed and loc3ced
~t all Yimes, install aia alarm on Uae rear door, provide a 24 hour telepllone hofline for tlie
neighUors, empty trasl~ in the Yrasli bin before 10 p.m., and provide a smoking area in front of the
building (adjacent to Anal~eim Boulevard).
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3. That Che proposed nightcluU, as canditioned, will not adversely affect the _,_
adjoining land uses and klie growth and developmenY of the area ij1 which it is located.
4. ThaC Yhe size and shape of Clte site for the use, as conditioned, is adequate to allow
the nightcliib in a manner not detri~nental to either Che parficular area or health and safety.
5. That the traffic generated by tlie use oftl~e property will noY impose an undue
burden upon the streets and highways designed and in~proved to carry flie traffic i~a the are1.
6. That tl~e variance will not cause fewer off-street parlcing spaces to be provided for
tlte proposed niglitclub Chaa1 tl~e nurnber of spaces necessary to accommodaCe all velaicles for tlie
facility because additional ofF-streeY parlcing would be provided at 703 and 741-745 Nortli
Anaheim Boulevard sucll that rnore parking than is required by Code would be available to the
nighCclub.
7. Tl~at the conclusions contained in tl~e parking demand shidy indicate that Cl~e
businesses located at 703 and 741-745 NorCh Ai~aheinl Boulevard do not citilize their res}~ective
parlcing lots during the nightclub's pealc nighttime operaCi~~g hours.
8. ThaC no one indicated tl~eir presence at said public hearing in opposition; and That
no correspondei~ce was received in apposition to khe s~ibject petition.
WHEREAS, tlle Anaheim Planni»g Commission has reviewed the proposal ai~d
does hereby find tl~at the Negative Declaration is adequate to serve as tlie required enviromnenCll
documentation in connection wiYh this renuest.
NOW, THEREFORE, BE IT FURTHER RESOLVED tlaat tl~e Anal~eim Plani~ing
Conunission does hereby approve Conditional Use Permit No. 2008-05315 subject to tlie
condifions of approval described in Exliibit "B" attaclied hereto and incorporated Uy this
reference which are hereby fomid to be a necessary ~~rerequisite to the proposed use of the
subject property in order ta preserve Cl~e health, safety and general welfare of tl3e ciCizens of tlae
City of Anaheim.
BE IT FiTI2THER RESOLVED, that this pennit is approved withouk lin~ikations
on the duratio~l of the use. Amendments, modifications and revocations of this permit ~nay be
processed in accordance witl~ ChapCars 18.60.190 (An~endment to Penuit Approval) and
18.60.200 (City-T~~itiat~ed Revocarion or Modification ofPermits) of tlle Analieim Muuicipal
Code.
BE IT FURTH$R RESOLVED that the Analieim Plan~iing Coiumissian does
hereUy find and detennine that adoption of this Resolution is expressly predicated upon
applicant's compliance witl~ each and all of the condilions diereinabove set forth. Should any
si~ch condition, or any part thereof, be declared invalid or unenforceable by Cl~e fnal j~idgment of
any court of competent jurisdiction, fhen this ResolciYion, and a~ry approvals lierein coiatained,
shall be deemed null and void.
_~_ PC2008-86
BE IT FUTHER RESOLVED thaC tlie applicant~ is res~onsible for paying all
charges related to the processi~~g of fliis discretionary case applicaYion within I S days of tlie
issuance of the final invoice. Failure Yo pay all c}larges shall result' in tlie revocation of tl~e
a~proval of this applicatiou.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
iaieeting of September 3, ~2008. Said resolution is subject to Che appeal provisions set forth in
Claapter 18.60 "Prpcedures" of the Anal~eim Mtmicipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
~
CHAIRM N, A PLA NIN MMISS[ON
ATTEST:
SENI SECRETARY, ANAHEIM PLANNING COMMISSION
STATB OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of tlie Aual3eim Plamting Commission, do
hereUy cerCify fliat the foregoing resoluCion was passed and adopted at a meeting of tlie Anaheim
Planning Commission held on September 3, 2008, by Uie following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAICI, I2AMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have lieretmto set iny hai~d this 15°i day of
September, 2008.
ARY, ANAHEIM PLANNING COMMISSION
_3_ PC2008-86
EXHIBIT "A"
CONDITIONAL USE PERMTT NO. 2008-05315
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_4_ Pczoos-s~
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2008-05315
No. Conditions of Approval Responsible f'or
Monitorin
I ~ITHIN 90 DAYS OF THE DATE OF THIS RESOL UTION
1 Tl~at all property used for off-siYe parlcing shall be under Planning,
agreement approved as to form by the City Attorney. City Attomey
The agreement shall be recorded in the OfFice of the
CounCy Recorder, and a recorded copy filed witli tlie
Plannli3g Depaztment and, fiirCher, sliall specify the
number and location of fhe o£f-site parl<ing spaces and
assure Claat the spaces shall be accessible and available at
all times for parking in conjunction with Yhe use for
which the parking spaces are required.
2 That auy amendmeni to, or termination of the recordad PIa~u7ing,
parlcing agreements sl~all require tl~e prior writtan City Attorney
consent oFthe CiYy. Alternative parking n~ust be
acquired to provide Code required parlcing.
3 That final parlcing lot plans shall be subi~iitted to tl~e
~ Plaivling
Planniug Services Division for review and approval as Co
the number, dimension, and design of the parlcing lot.
,4ny decision by staff made be appealed to the Plmu~ing
Commission as a"Reports and Recommendations" item.
GENERAL CONDITIONS
4 TI~aY the reu- door (west side of building) shall remain Police,
closed after 8:00 p.m. daily and during any tinie when live Code GnForcement
entertainment is occurring, excepf during times oF
emergencies. The rear door shall also be fitYed with an
alarn~ wluclt sounds when the door is opened.
5 That the permitted event or activity shall not create sound Police,
levels which violate a~ry ordinance of the City oF Code Enforcement
Anaheim.
6 That Uetween the liours of 8:00 p.m. and closing any Police,
time the premises are providing entertainment, tl~e Cocie Enforcement
applicant sliall provide at least tl~ree unifonn and
licensed securlty personnel. Security nleasures shall be
provided to tlie satisfaction of the Anaheim Police
Department 1o deter unlawful conduct on tl~e part of
employees or paYrons, promote the saFe and orderly
_5_ PC2008-86
assembly and movement of persons and veliicles, ensure
tltat the oFf-site parking spaces are being utilized by
patrons in tl~e event tl~e on-site parlcing lot is fi~ll, and to
prevent disturbance to Uie neighborhood Uy excessive
noise created by patrons entering or leaving the
premises. There sliafl generally one guard stationed at
Che front door of the establishment, one to patrol Che
parlcing lot, and one to monitor all areas, includin~ fl~e
building interior and ofF-site parl~ing lots.
7 ThaC tl~e applicant sl~all moniCor the area mider Yheir Police,
control in an effort to prevent Yhe loiCering of persons ~ode ~nforcemenY
about tlie prentises.
8 Thal trash shall noC be emptied into ouYside trash Police,
conCainers between the hours oF 10 p.m. to 7 a.m. daily. ~ode EuForcei~~ent
9 That any and all security ofPicers provided shall comply Police,
wiflt all SYate and Local ordinances regt~lating their Code Enforcen~ent
services, ineluding, without limitation, Chapter 11.5 of
Division 3 of the Califomia Business and Profession
Code.
10 That the operation oP a~iy business under this pemiit shall Police,
not be in violation of any provision of the Anaheim Code Enforcement
Municipal Code, StaCe or Co~mCy ordii~ance.
11 Tl~at the mimber of persons attendijig tl~e evenC shall not Fire, Police,
exceed the maximum occupancy load as deterniined by Code EnForcement
the ?.naheim Fire Depariment. Signs indicating the
occupant load shall be posted in a conspicuous place on an planning
approved sign near the main exit from the room. Any
cl~anges to increase Uie occupancy load of this building
may require an a~nendment to this CUP as an
intensification af use.
12 Tl~at all entertainers and employees shall be clokhed in Police,
such a way as to nat expose "specified an~tomical areas° Code Enforcement
as described in Section Z16.060 ofthe Analieim
Municipal Code.
13 Tl~at inanagement sllall e-mail a monChly calendar of Police
entertaiiunent/entertainers to the Vice Detail of tlae
Police Department.
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14 ThaC all doors seiving ~the nightcl~ib sl~all confomi to the Fire '~ -
requirements of tlle Unifonn Fire Code and shall be Icept
closed at all Cimes during the operat~ion of tl~e premises ~ ~
except for ingress/egress, perntil deliveries aitd in cases
of eniergency.
15 That Yrasl~ storage areas sl~all be provided and Plarniing
r~lainCained in a location acceptable to tUe P~iblic Worlcs
Department and in accordance with approved plans on
fle witli said Department. Said storage areas shall be
designed, located and screened so ~is not Co be readily
~ idei~tiFable fi~om adjacent streets or ltighways.
16 Tl~at adequate ligllting sl~all be provided consistent~ ~vith Police,
police department guidelines for parking lots, driveway, Code Enforceinent
circulation areas, aisles, passageways, recesses and
ground coiltignous to buildings, shall be provided wi[h
lighting of suff eient wattage consistant with Police
Department guidelines to provide adequate illumination
to make clearly visible the presence of ai~y person on or
abouY Che }~remises d~iring the hours of darla~ess and
provide a safe, secure environment for all persons,
property, and vehicles onsite. Parking IoC lighting shall
be directed, positioned, and slitielded in such a mam~er so
as not to unreasonably illuminate the windows of ne2rby
residences.
17 That there shall be no live entertaimnent, a~nplified music Police,
or dancing pennitted on Y1ie premises at anytime witho~it Cotle Enforcement
issuance of proper pen~~its as reqLiired by Title 4 of Yhe
Anaheim Municipal Code.
18 That U~e bLisiness sl~all not be operated in such a svly as to Police,
be detrimental to tlie public health, safety or welfare. Code Enforceu~ent
19 That no one under the age of 21 shall Ue allowed on the Police,
premises. Code Enforcement '
20 That tl~e bLisiness shall not employ or pemiit ai~y persons Police,
to soiicit or encourage others, direcUy or indirectly, to buy Code Enforceinent
tliem dritilcs in tlle licensed preinises under any
commission, percentage, salary, or otlier profit-shariiig
plan, scheme or conspiraey.
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21 ThaY a~iy violation of Che application, oi- any attacl~ed Police,
conditions, sha13 be sufficient grounds to revol<e d~e Code E~aforcei~~ei~t
permit.
22 Tltat the sale of alcol~olic beverages for consmnption off Police, -
the premises shall not be pemzitted. Code Enforcement
23 That there shall be no exterior advertising or sigia of ai~y Police,
kind ar type, including advertising directed to tlte ~ode Enforcement
exterior from within, promoting ar indicating tl~e
availabiliCy of alcoholic beverages. I~iterior displays of
alcoltolic beverages or signs wliich are clearly visible to
the exCerior shall constitute a violation of this condition.
24 Tl~at there shall be no requirement to purcliase a Police,
miniinum number of drinks. Code Enforce~nent
25 ~ That signs shall be posted at all exits of the premises of Police,
Yl~e proliibition of alcoholic beverages from leaving flte Code Ei~foroe~~~ent
confines of Clie establishmenY.
26 ThaC alcoholic beverages sl~all not Ue included in the Police,
price of admission. Code Eiiforoement
27 That patrotts shall go in and out of tl~e fi~ont~ doors after Police,
8:00 p.m. daily and the owner sliall create a smoking ~ode Enforcement
area in the front equipped with asUtrays and a trash
receptacle.
28 That hours for live entertainment shall be limited as Police,
Follows: Code Enforcement
o Wednesday mrtil 11 p.m.
o Thursday, Friday, and Saturday ~mtil 2 a.m.
• Sunday until 11 p.m.
• Wednesday or Sw~day until 2 a.m. when these days
fall on a federally recognized holiday or on the list of
l~olidays as sl~ow~~ in the applicant's letter of
operation. These additional holidays would include
St. Patrick's Day, Halloween, Cinco De Mayo,
CluisM~as Eve, a~~d New Year's Eve.
• Live enlertaimnent is not permitYed on Monday or
Tuesday.
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29 That "No ~Loitering" signs sl~all be posted i3~ the rear Police,
~ ~
parking loC. Code ~nForcement
30 That the property shall be pernianently mainSained in an Code ~nforcement
arderly fashion tUrougl~ the provision oFregtilar
landscaping n3aintei~ance, removal of Yrash or debris, and
removal of graffiti wifltin twenYy-fo~ir (24) hours fron~
tl~e time of discovery.
31 That tin7ing for compliance with conditions of approval Planning
may be amended by ihe Plaimin~ Director upon a
showing of good cause provided (i) equivalent timii~g is
established YhaY satisfies the origitlal intent and purpose
~ of tl~e eonditioi~(sj, (iij the modification complies with
the Anaheim Mtmicipal Code and (iii) tl~e applicaut has
demonstrated significant progress taward estaUlislunent
of the use or approved developn~ent.
32 That approval of tliis applicaYion constiYutes approval of Planning
the proposed request only to the extent that it complies
witii the .Snaheim Municipal Zouing Code 2nd any other
applicable City, SCate and Federal regulations. Approval
does not include any action or findings as to compliance
or approval of tlie rec~uest regarding any other applic~ble
ordina»ce, regulation or requiremen[.
33 "fhat extensions for fiirther time to compleCe conditions Plamiing
of approval may be granted in accordance witli Sec[ion
18.60170 of the Anaheim Municipal Code.
34 Tl~at Che owner shall nlaintain the condiCions of approval Police,
aC t~ie busiuess premises and shall malce said conditions ~ode ~nforcement
available to personnel of Yhe CiYy of Anaheim upon
request during regular business hours.
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