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Resolution-PC 2010-092RESOLUTION NO. PC2010 -092 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008 -05361 (DEV2010- 00117) (1160 NORTH KRAEMER AVENUE) WHEREAS, on July 8, 2009 the Anaheim Planning Commission (hereinafter referred to as "Planning Commission "), by its Resolution No. 2009 -067 did approve Conditional Use Permit No. 2008- 05361 to permit a nightclub on certain real property located at 1160 North Kraemer Avenue in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and; WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 2008 - 05361, to modify or delete a condition of approval pertaining to a time limitation to retain a previously - approved nightclub and to increase the permitted number to 650 patrons for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto and incorporated herein by this reference; WHEREAS, the property is developed with a freestanding nightclub located in the Northeast Area Specific Plan, La Palma Core Area (SP94 -1, DA3) zone and the Merged Redevelopment Project Area and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 27, 2010, at 5:00 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 "Procedures ", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3. The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare as there have not been any code violations on this property. 1 PC2010 -092 4. With regard only to the deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. A Report and Recommendation shall be presented to the Planning Commission as a Consent Calendar item one year from the date of this approval in order to demonstrate that this business continues to operate in compliance with conditions of approval. 5. The existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the nightclub has been operating in conformance with conditions of approval along with the approved security plan and further there have been no code violations on the property. 7. The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the nightclub has been operating in conformance with all conditions of approval and there have been no code violations on the property. 8. The traffic generated by the nightclub use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the nightclub has been operating in conformance with conditions of approval and there have been no code violations on the property. 9. The granting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. THEREFORE, BE IT RESOLVED, 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve an amendment to Conditional Use Permit No. 2008- 05361 to delete a condition of approval pertaining to a time limitation to retain a previously - approved nightclub and to increase the permitted number to 650 patrons as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2009 -67, adopted in connection with Conditional Use Permit No. 2010- 05361, to delete the time limitation and allow up to 650 patrons and to read as shown 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 and safety of the citizens of the City of Anaheim. - 2 - PC2010 -092 BE IT FURTHER RESOLVED, that this permit is approved without limitations on 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 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 was adopted at the Planning Commission meeting of September 27, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code ertaining to appeal procedures and may be replaced by a City Council Resolution in the event of 1 a peal. A T1'hST: CHtiIRMAN PRO - TEMPORE ANAHEIM CITY PLANNING COMMISSION TARY SENIOR S ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010 -092 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 September 27, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT, FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 27 clay of September, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 - PC2010 -092 1 1 APN: 345-101-121 0 _ sa 100 Feet EXHCBTT '•A DEV2010 -00117 5 Source Recorded Tract Maps and/or City GIS Please note the accuracy is +f- two to five feet 11016 • PC2010 -092 CONDITIONAL USE PERMIT NO. 2008-05361 (DEV2010- 00117) EXHIBIT "B" NO. CONDITIONS OF APPROVAL ONE YEAR FROM APPROVAL DATE 1 The applicant shall submit a request for this matter to be reviewed by the Planning Commission as a "Reports and Recommendations" item one year from the date of this approval to determine that the property continues to operate in compliance with conditions of approval_ GENERAL 2 The maximum occupancy for this establishment shall be 650 persons. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. 3 Hours of operation shall be limited to 7:00 p.m. to 2:00 a.m. Monday through Friday and from 7 a.m. to 2:00 a.m. on Saturday and Sunday. 4 All property used for off -site parking shall be under agreement approved as to form by the City Attorney. The agreement shall be recorded in the Office of the County Recorder, and a recorded copy filed with the Planning Department and, further, shall specify the number and location of the off-site parking spaces and assure that the spaces shall be accessible and available at all times for parking in conjunction with the use for which the parking spaces are required. 5 A security plan shall be maintained as approved by the Chief of Police or his/her designee that includes security measures that would 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 - 6 - SIGNED OFF REVIEW BY BY Planning Fire, Police, Code Enforcement Code Enforcement Planning City Attorney Police Planning PC2010 -092 SIGNED OFF NO. CONDITIONS OF APPROVAL REVIEW BY BY 6 The Police Department and Code Enforcement Division of the Planning Department may conduct an unscheduled inspection to gain and /or maintain compliance with State and local statutes, ordinances, laws or regulations. The property owner /applicant shall pay the costs of Code Enforcement inspections. 9 created by patrons entering or leaving the premises shall be maintained. A copy of the security plan shall be maintained with the Police Department Vice Detail and the Planning Department. Any amendments to the plan shall be approved by the Chief of Police or his/her designee and shall also be filed with the Police Department Vice Detail and the Planning Department. Valet parking and stacking of vehicles shall not be permitted. Police Code Enforcement 7 All landscape material shall remain in compliance with Planning approved landscape plans and be maintained in a healthy condition. 8 The parking lot shall be resurfaced and restriped in Planning conformance with City standards within 60 days of the date of this approval and thereafter shall be maintained in conformance with City standards. Police Planning 10 Police The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim. Code Enforcement 11 Anytime the premises are providing entertainment, the Police applicant shall provide licensed, uniformed, security personnel. 12 Any and all security officers provided shall comply with all Police State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. 13 The doors shall remain closed at all times that entertainment Police is permitted, except during times of entry or exit, emergencies and deliveries. 7 PC2010.092 SIGNED OFF NO. CONDITIONS OF APPROVAL REVIEW BY BY 14 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. 15 No one under the age of 21 shall be allowed on the premises any time it is open for business. 16 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. 17 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. 18 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. 19 The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 20 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. 21 There shall be no requirement to purchase a minimum number of drinks. 22 Alcoholic beverages cannot be included in the price of admission. 23 Signs shall be posted at all exits of the premises including out to the patio area notifying patrons of the prohibition of alcoholic beverages from leaving the confines of the Police Police Police Police Police Police Police Police Police Police - 8 - PC2010 -092 SIGNED OFF NO. CONDITIONS OF APPROVAL REVIEW BY BY establishment. 24 One security officer must be posted in the patio area at all Police times. 25 Any violation of the application, or any attached conditions, Police shall be sufficient grounds to revoke the permit. Planning 26 The subject property shall be developed substantially in Planning accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan) approved by the Planning Commission on July 8, 2009, and as conditioned herein. - 9 - PC2010 -092