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Resolution-PC 2010-031RESOLUTION NO. PC2010 -031 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004- 04952, AND AMENDING CONDITIONS OF APROVAL OF RESOLUTION NO. PC2005 -28 (DEV2010- 00050) (401 NORTH ANAHEIM BOULEVARD) WHEREAS, on February 23, 2005, the Anaheim City Planning Commission, by its Resolution Nd. 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, for that certain real property situated in the City of Anaheim, County of Orange, State of California, as particularly shown on Exhibit "A attached hereto and incorporated herein by this reference (the "subject property and WHEREAS, on January 7, 2008, the Anaheim Planning Commission, by its Resolution No. PC2008 -5, approved an amendment to Conditional Use Permit No. 2004 -04952 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, the subject property is developed with a restaurant and public dance hall building 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 and the Anaheim General Plan Land Use Element designates the property for Mixed Use land uses; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 2004 -04952 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 (designated as "Conditional Use Permit No. 2004- 04952C and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 10, 2010, at 3:30 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 proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and 1 PC2010 -031 WHEREAS, said 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 with respect to the request for an amendment to the conditional use permit, does find and determine the following facts: 1. The request to amend the permit for an existing restaurant and public dance hall is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.040.0402 (Community and Religious Assembly, Bars and Nightclubs, Private Commercial Recreation Indoor, Alcoholic Beverage Sales) of the Anaheim Municipal Code. 2. The operation of the restaurant and public dance hall will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located, as conditioned herein, and with the operational restrictions, required food service, valet parking service, and security plan stipulated by the applicant. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety provided that valet parking service and on -site security is provided to deter any potentially unlawful conduct and to prevent disturbance to adjacent residential neighborhoods. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the parking demand can be accommodated on the premises with the valet parking service and on -site security being provided by the applicant. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because all activities will be conducted within the building, with the exception of the proposed outdoor patio, which will be enclosed with an 8- foot high block wall. WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the applicant has withdrawn their request to delete Condition COA 13 pertaining to the percentage of food and alcohol sales; therefore, Anaheim City Planning Commission does hereby approve an amendment to Conditional Use Permit No. 2004- 04952C as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend and restate the conditions of approval adopted in connection with Planning Commission Resolution No. PC2005 -28, approving Conditional Use Permit No. 2004 04952, to read as stated in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are 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. 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 2 PC2010 -031 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, except as expressly amended herein, the provisions of Resolution No. PC2005 -28, approving Conditional Use Permit No. 2004- 04952, shall remain if full force and effect. 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 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. THE FOREGOING RESOLUTION/:vas adopted at the Planning Commission meeting of May 10, 2010. (..-4/(AA CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: 1% SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -031 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Eleanor Morris, 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 May 10, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUFFA, KARAKI IN WITNESS WHEREOF,1 have hereunto set my hand this 10 day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -031 I AP N 035- 101 -161 EXHIBIT "A" DEV2010 -00050 5 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- Iwo to five feet. PC2010 -031 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2004-04952C (DEV2010- 00050) NO. CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMIT 1 Subject property shall be developed and maintained 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. GENERAL Planning 2 A menu shall be provided prior to final building and Planning zoning inspections indicating that premises will be operated as a bona fide restaurant. Police 3 At all times when the premises is open for business, the Planning premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 4 Loitering shall be prohibited on or around the premises. Planning Police 5 Subject alcoholic beverage License shall not be exchanged Planning for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Police Section 23039 of the California Business and Professions Code. 6 The gross sales of alcoholic beverages shall not exceed Planning 40% of gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcohol and other items. These records shall be made available for inspection by any City of Anaheim official during reasonable business hours. 7 There shall be no exterior advertising of any kind or type, Planning including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic Police beverages. 8 There shall be no public telephones on the premises Planning located outside the building. REVIEW SIGNED BY OFF BY 6 PC2010 -031 NO. CONDITIONS OF APPROVAL 9 The property shall be permanently maintained in an orderly Planning fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 10 Any tree and/or landscaping planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 14 The property owner shall provide a loading zone for the valet parking service. 15 No required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 16 Roof- mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the CG (General Commercial) Zone. REVIEW SIGNED BY OFF BY Planning 11 Gates shall not be installed across any driveway in a Public Works manner, which may adversely affect vehicular traffic in the Traffic adjacent public streets. Installation of any gates shall Engineering conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 12 Plans shall be submitted to the City Traffic and Public Works Transportation Manager for his review and approval Traffic showing conformance with the current version of Engineering Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 13 The business shall provide a complimentary valet service Planning to prevent off -site parking. Information pertaining to the valet service shall be provided to potential customers holding private events at this facility. Planning Planning Planning 17 Trash storage areas shall be provided and maintained in a Planning Location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be 7 PC2010 -031 NO. CONDITIONS OF APPROVAL 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. 18 The project shall provide for truck deliveries on -site. Planning 19 Adequate lighting of parking lots, driveway, circulation areas, aisles, 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. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 23 During private events, no minor under the age of sixteen (16) years shall be allowed to attend the dance area, unless accompanied by a parent or guardian. During public dance hall events (when a cover charge is collected from the general public), minors under the age of eighteen (18) years shall not be allowed on the premises. REVIEW SIGNED BY OFF BY Police 20 An on -site trash truck turnaround shall be provided per Public Works Engineering Standard Detail No. 610. Sanitation 21 The permitted event or activity shall not create sound Planning levels which violate any ordinance of the City of Anaheim. 22 At all times that dancing is being permitted, security Police measures provided shall be adequate 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, 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. Police 24 Any and all security officers provided shall comply with Planning all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of Police 8 PC2010 -031 NO. CONDITIONS OF APPROVAL the California Business and Profession Code. 25 The business shall submit an updated security plan entitled Police "Security Protocol for Ember Cafd and Music Club" as stipulated in the applicant's letter of request. Said plan shall address the wristband system and other measures necessary to ensure that alcohol consumption by underage patrons does not occur on the premises. This plan shall be reviewed and approved by the Police Department prior to any changes to the existing operation. 26 The sale of alcoholic beverages for consumption off the Police premises shall be prohibited. 27 The number of persons attending the event shall not exceed Fire 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. 28 The doors shall remain closed but unlocked at all times that Police entertainment is permitted, except during times of entry or exit, emergencies and deliveries. 29 All 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. 30 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. REVIEW SIGNED BY OFF BY Police Police 31 The floor space provided for dancing shall be free of any Police furniture or partitions and maintained in a smooth and safe condition. 32 There shall be no amusement machines, video game Code devices, or pool tables maintained upon the premises Enforcement without issuance of proper permits as required by the Anaheim Municipal Code. 33 The petitioner(s) shall police the area under their control in Police an effort to prevent the loitering of persons about the premises. 9 PC2010 -031 NO. CONDITIONS OF APPROVAL 34 The petitioner shall not share any profits. or pay any 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. 38 The business is responsible for maintaining free of litter the area adjacent to the premises over which they have control. Police 35 The business owner shall require a written agreement for Planning private parties that enforces the rules and regulations pertaining to alcohol consumption for private events. 36 There shall be no outdoor special events. No banners and Planning balloons shall be displayed at 401 and 407 North Anaheim Boulevard unless a Special Event Permit is first obtained. 37 The hours of operation shall be limited to 7 a.m. to 12 a.m. Planning Sunday through Wednesday and 7 a.m. to 2 a.m. Thursday through Saturday. Police 39 Trash shall not be emptied into outside trash containers Police between the hours of 10 p.m. to 7 a.m. daily. 40 The any permitted event or activity shall not create sound Planning levels, which violate any ordinance of the City of Anaheim as described in Section 4.16.100.010 of the Anaheim Police Municipal Code. 41 There shall be no amplified music permitted outside of the Police building, including the outdoor patio and balcony areas. 42 All doors for outdoor patio and balcony areas shall remain Police closed and unlocked during business hours. Said doors shall be equipped with a self closing device. 43 The business shall not be operated in such a way as to be Police detrimental to the public health, safety or welfare. 44 There shall be no requirement to purchase a minimum Police number of drinks. 45 Alcoholic beverages shall not be included in the price of Police admission. REVIEW SIGNED BY OFF BY 10 PC2010 -031 NO. CONDITIONS OF APPROVAL 46 No person under the age of twenty -one (21) shall sell or deliver alcoholic beverages. 47 The business operator shall provide contact information or 24 -hour access line to the Planning Services Division and Police Department. 48 The management shall e -mail a monthly calendar of entertainment /entertainers to the Police Department, Vice Detail, to the attention of mmirwin @anaheim.net. 49 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. 50 The use of all pyrotechnical material, special effects and fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. REVIEW SIGNED BY OFF BY Police Planning Police Police Planning Fire 11 PC2010 -031