Loading...
RES-2022-106 RESOLUTION NO. 2022-10 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT RELATING TO SALES OF ALCOHOLIC BEVERAGES, ENTERTAINMENT VENUES, RECREATION COMMERCIAL USES, AND RETAIL SALES, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00125) WHEREAS, the City of Anaheim received a verified petition for the approval of a Conditional Use Permit to permit the following conditionally permitted uses within the ocV!BE project including Alcoholic Beverage Manufacturing,Alcoholic Beverage Sales-Off-Sale and On- Sale, Bars and Nightclubs, Entertainment Venues, Recreation Commercial-Outdoor and-Indoor, Retail Sales-Outdoor,and Wine Bar for that certain real property generally bounded by State Route 57 (SR-57) to the west, (excluding the parcel at the southwest corner of Katella Avenue and Douglass Road),the Santa Ma River to the east,the confluence of the SR-57 and Santa Ma River to the south, and the Southern California Edison easement to the north in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 100 acres in size including approximately 89 acres located in the "PR" Public Recreation, "SP" Semi-Public, "O-L" Low Intensity Office, and "I"Industrial zones in the Platinum Triangle Mixed Use(PTMU)Overlay Zone and approximately 8 acres located in the "C-G" General Commercial zone. The development standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project subject to approval of Zoning Code Amendment No.2020-00174,now pending. The Property is designated on the Land Use Element of the General Plan for Mixed-Use Urban Core, Office-Low and Open Space land uses; and WHEREAS, this Conditional Use Permit is proposed in conjunction with a request to construct 1,922,776 square feet(s.f.)of commercial uses including entertainment and commercial indoor and outdoor recreation venues (including new indoor and outdoor live performance theaters, bars and nightclubs, bowling lanes, dancing venues, an amphitheater and outdoor seasonal events), retail, and restaurant uses including the existing Honda Center; 961,055 s.f. of office uses including the existing Arena Corporate Center; 250,000 s.f. of institutional uses including the existing Anaheim Regional Transportation Intermodal Center (ARTIC); 1,500 residential dwelling units including 195 affordable dwelling units proposed in connection with a Density Bonus request;parks and open space including a new public park(Meadow Park);parking areas; pedestrian bridges crossing Katella Avenue and Douglass Road; and, changes to the roadway network(including a new public street between Katella Avenue and Ball Road proposed to be named River Road,the abandonment of Douglass Road between Katella Avenue and Cerritos Avenue and new private streets). To that end,the Owner has requested the following entitlements: 1. To amend the General Plan Land Use, Circulation and Green Elements to change the designation of parcels located north of Katella Avenue from Office-Low (approximately 31 acres) and Open Space (approximately 8 acres) to Mixed-Use Urban Core; modify the total amount of development permitted in the Platinum Triangle to increase the amount of residential development to 17,840 dwelling units, increase the amount of commercial development to 6,195,019 s.f., decrease the amount of office development to 11,659,338 s.f. and decrease the amount of institutional development to 250,000 s.f.; remove a portion of Douglass Road between Katella Avenue and Cerritos Avenue; add a new street named River Road between Katella Avenue and Ball Road (this includes Phoenix Club Drive south of Ball Road which is proposed to be renamed River Road);add a new approximately 4-acre Public Park (Meadow Park); amend the Bicycle Master Plan to reflect bicycle facility changes associated with the proposed removal and addition of streets; and, revise maps, figures, text, and tables throughout the General Plan to reflect these changes ("General Plan Amendment No. 2020-00532"); 2. An amendment to the PTMLUP to rename the ARTIC District to the Transit District; expand the boundaries of the Platinum Triangle Mixed Use (PTMU) Overlay Zone by approximately 8 acres, change boundaries of the ARTIC (Transit), Katella Sub-Area D, Office and Arena Districts; modify the permitted amount of development within the PTMU Overlay Zone to up to 17,840 residential dwelling units, 6,195,019 s.f. of commercial development, 11,659,338 s.f. of office development and 250,000 s.f. of institutional development; add a new appendix for the ocV!BE Sign and Identity Program; and, revise figures, text, and tables throughout the PTMLUP associated with this request ("Miscellaneous Case No. 2020-00739"); 3. A Reclassification to reclassify parcels to apply the Platinum Triangle Mixed Use(PTMU) Overlay Zone to the existing C-G (General Commercial) Zone on approximately 8 acres, within the proposed Arena District north of Katella Avenue. ("Reclassification No. 2020- 00333"); 4. A Zoning Code Amendment to modify Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); Chapter 18.38 (Supplemental Use Regulations); Chapter 18.40 (General Development Standards); Chapter 18.60 (Procedures) and, Chapter 18.62 (Administrative Reviews). The proposed amendments are to amend use classifications, District names, development intensities, development standards, and procedures to allow development within the Arena and Transit Districts in the Platinum Triangle Mixed Use Overlay Zone ("Zoning Code Amendment No. 2020-00174"); 5. A Development Agreement between the City of Anaheim and Anaheim Real Estate Partners, LLC including a Master Site Plan (Miscellaneous Case No. 2020-00751) and a request for Density Bonus and Development Incentives pursuant to Chapter 18.52 (Housing Incentives) of the Anaheim Municipal Code ("Development Agreement No. 2020-00004"); 6. A Final Site Plan which encompasses approximately 10.23 acres north of Katella Avenue in the Arena District, Sub-Area B, to construct two six-level parking structures (Parking Decks B and C) with 4,538 parking spaces and a 12,885 s.f., three-story security hub for police and security office space ("Final Site Plan No. 2020-00004"); - 2 - 7. A Final Site Plan which encompasses approximately 5.93 acres north of Katella Avenue in the Arena District, Sub-Area B, to construct 221,413 sf of commercial uses including an indoor live performance theater and outdoor entertainment areas; office, retail, and indoor and outdoor restaurant space; a private Urban Park (plaza); and, an outdoor Paseo (pedestrian corridor) adjacent to the Urban Park and Honda Center ("Final Site Plan No. 2020-00005"); 8. A Final Site Plan which encompasses approximately 1.64 acres north of Katella Avenue in the Arena District, Sub-Area C, to construct 33,830 s.f. of commercial uses including a new lobby entrance to the west side of the Honda Center,retail shops,and,restaurants with indoor and outdoor dining areas ("Final Site Plan No. 2020-00006"); 9. A Final Site Plan which encompasses approximately 2.93 acres north of Katella Avenue, east of the Honda Center, and adjacent to the new public road (River Road) in the Arena District, Sub-Area C, to construct a five-level parking structure (Parking Deck D) with 1,190 parking spaces ("Final Site Plan No. 2020-00007"); 10. A Final Site Plan which encompasses approximately 7.77 acres within the Southern California Edison easement, adjacent to Phoenix Club Drive (to be renamed River Road) in the Arena District, Sub-Area A, to construct a surface parking lot with approximately 938 employee parking spaces ("Final Site Plan No. 2020-00008"); 11. An amendment to the conditional use permit relating to parking and circulation for the Anaheim Regional Transportation Intermodal Center("ARTIC") (Conditional Use Permit No. 2010-05492"); 12. A conditional use permit to permit the following conditionally permitted uses within the Property including Alcoholic Beverage Manufacturing, Alcoholic Beverage Sales-Off- Sale and On-Sale, Bars and Nightclubs, Entertainment Venues, Recreation Commercial- Outdoor and-Indoor, Retail Sales-Outdoor, and Wine Bar("Conditional Use Permit"); 13. A minor conditional use permit to permit the ocV!BE Coordinated Sign Program, Murals, and Valet Parking("Minor Conditional Use Permit"); 14. A tentative tract map which encompasses approximately 70.7 acres north of Katella Avenue in the Arena District, to subdivide existing lots into 16 numbered lots (including two air-space lots) for the purpose of commercial development and seven lettered lots for private streets (Douglass Road, Stanley Cup Way, and Cerritos Avenue) including landscape areas, and to dedicate public streets right-of-way (Katella Avenue and River Road) ("Tentative Tract Map No. 19153"); and WHEREAS, General Plan Amendment No. 2020-00532, Miscellaneous Case No. 2020- 00739, Reclassification No. 2020-00333, Zoning Code Amendment No. 2020-00174, Miscellaneous Case No. 2020-00751, Development Agreement No. 2020-00004, Final Site Plan No. 2020-00004,Final Site Plan No. 2020-00005,Final Site Plan No. 2020-00006,Final Site Plan No. 2020-00007, Final Site Plan No. 2020-00008, Conditional Use Permit No. 2010-05492, Conditional Use Permit,Minor Conditional Use Permit,and Tentative Tract Map No. 19153 shall be referred to herein collectively as the "Proposed Project"; and - 3 - WHEREAS,the Planning Commission did hold a public hearing,at the Civic Center in the City of Anaheim on August 29, 2022, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project (including the Conditional Use Permit)and to investigate and make findings in connection therewith; and WHEREAS, upon receipt of the summary of evidence, report of findings and recommendations of the Planning Commission,the City Council did fix the 27th day of September, 2022, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering this Conditional Use Permit, and for the purpose of considering Addendum No. 11,together with the other CEQA Documents, and did give notice thereof in the manner and as provided by law; and WHEREAS, by the adoption of resolutions concurrently with, but prior in time to, the adoption of this Resolution, the Planning Commission has approved and recommended that the City Council approve General Plan Amendment No. 2020-00532, Miscellaneous Case No. 2020- 00739, Zoning Code Amendment No. 2020-00174, Development Agreement No. 2020-00004, Reclassification No. 2020-00333,the proposed Master Site Plan, Tentative Tract Map No. 19153; and WHEREAS,by Resolution No.2022- p g 7,considered and approved by the City Council concurrently with but prior in time to consideration of this resolution,the City Council found and determined that (i) Addendum No. 11 was prepared for the Proposed Project in compliance with the requirements of CEQA,the State CEQA Guidelines, and the City's Local CEQA Procedures; (ii) Addendum No. 11 to Final Subsequent Environmental Impact Report (FSEIR No. 339), Mitigation Monitoring Program No. 106C (MMP 106C) adopted for FSEIR No. 339, and Mitigation Monitoring Plan No. 383 (MMP No. 383), together with the previously approved environmental documents for development in the Platinum Triangle is the appropriate environmental documentation for the Proposed Project; (iii) none of the conditions described in Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA for this resolution, as found and recommended by the Planning Commission in Resolution 2022-079. WHEREAS,this City Council,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 Proposed Project, specifically, with respect to the request for this Conditional Use Permit, does hereby find and determine as follows: 1. The request to permit Alcoholic Beverage Manufacturing, Alcoholic Beverage Sales- Off-Sale and On-Sale, Bars and Nightclubs, Entertainment Venues, Recreation Commercial- Outdoor and-Indoor, Retail Sales-Outdoor, and Wine Bar is properly one for which a conditional use permit is authorized in the Platinum Triangle Mixed Use (PTMU) Overlay Zone pursuant to Section 18.20.030 (Mixed Use District Uses) of the Code and the proposed Zoning Code Amendment No. 2020-00174,now pending; 2. The request to permit Alcoholic Beverage Manufacturing, Alcoholic Beverage Sales- Off-Sale and On-Sale, Bars and Nightclubs, Entertainment Venues, Recreation Commercial- Outdoor and -Indoor, Retail Sales-Outdoor, and Wine Bar, under the conditions imposed, would - 4 - not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is proposed to be developed with a mixed-use project and these types of uses have been contemplated in the General Plan and PTMLUP and would be compatible and appropriate within an urban environment. 3. The size and shape of the site 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 is proposed to be improved with a mixed-use development consistent with the General Plan and PTMLUP. 4. The traffic generated by permitting these uses would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because a traffic analysis was prepared which studied the Proposed Project and determined that the streets and highways would be adequate to accommodate the proposed uses as well as the Proposed Project. 5. The granting of this Conditional Use Permit,under the conditions imposed,will not be detrimental to the health and safety of the citizens of the City of Anaheim because the proposed conditions of approval address hours of operation, safety and security, and compatibility with the surrounding uses. WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution,that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the Proposed Project files. There is no substantial evidence,nor are there other facts,that negate the findings made in this Resolution. This City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations and based upon a thorough review of this proposed Conditional Use Permit, Addendum No. 11 of FSEIR No. 339 including MMP No. 383, and the evidence received to date, the City Council does hereby approve this Conditional Use Permit, in the form presented at this meeting, contingent upon and the approval of (1) General Plan Amendment No. 2020-00532, Miscellaneous Case No. 2020-00739, Zoning Code Amendment No. 2020-00174, Development Agreement No. 2020-00004, the proposed Master Site Plan, and Tentative Tract Map No. 19153, (2) the mitigation measures set forth in Mitigation Monitoring Program 106C approved in conjunction with FSEIR No. 339 and Mitigation Monitoring Plan No. 383 for the Proposed Project; and(3)the conditions of approval set forth in Exhibit B attached hereto and incorporated herein 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. 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 extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the 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 - 5 - the condition,(ii)the modification complies with the Code,and(iii)the applicant has demonstrated significant progress toward establishment of the use or approved development. 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 any amendment, modification or revocation 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 Code. BE IT FURTHER RESOLVED that this City Council 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 the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon compliance with each and all of the conditions set forth in a separate resolution of this City Council adopted substantially concurrently with this Resolution relating to the proposed Development Agreement No. 2020-00004. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of September, 2022, by the following roll call vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] CITY OF ANAHEIM MA OR PRO TEM OF THE CITY OF ANAHEIM ST: ITY CLERK OF THE CITY OF ANAHEIM - 6 - EXHIBIT "A" DEV NO. 2020-00125 APN: 386-521-14, 386-521-17,253-631-27, 253-631-29, 253-631-28,253-521-30, 253-601-04, 253-591-01,253-521-32,253-521-34, 386-521-16, 386-521-20, 232-072-09,232-072-07, 232-071-03,232-072-06, 375-311-27,253-521-36,253-521-35,253-521-37,253-521-33, 253-521-31, 253-521-17, 253-601-03,253-601-02 t._1 //� S_SANDERSONI E wfNS AVE L �a Ns r'J Ro N 55� U' 665' ti F-, N 1189' co ij 1620' Y, I idS AVE �j E-EERR i_ TH N N tn cc u Z. Hi N. II M 4 ti f III cc, LIJU 0 4 LA_ CH 1 ill cY 6 t nl 1396' E KATELLA AVE o — i lip in679' ,1k, 257' ill -\ ^ry a OFIIM°Ma \.\` 458 �„. • A 1 O 0 250 500 Source:Recorded Tract Maps and/or City GISiii Feet Please note the accuracy is+/-two to five feet. EXHIBIT "B" CONDITIONS OF APPROVAL Alcoholic Beverage Manufacturing/Tasting Rooms—On-Sale N O. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 1 The property owner or his/her designee shall submit a detailed Police security and operations plan and floor plan to address security Department needs. This plan should include details required by the Police Department such as security personnel that will be provided,job duties and descriptions, procedures on communication, I.D. Planning& check, occupancy load and a detailed description of how Building problems at the location will be handled. Once approved, the Department, property shall be operated according to said plans and a copy of Planning Services the security plan shall be maintained with the Police Division Department, Vice Detail and the Planning & Building 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 & Building Department. Security measures shall be reviewed and discussed with the Chief of Police or his/her designee on an on- going basis. 2 If an alarm system is installed, complete an Alarm Permit with Police the Anaheim Police Department on-line prior to initial alarm Department activation. OPERATIONAL CONDITIONS 3 The owner/operator shall install Closed Circuit Television Police (CCTV) security cameras in the interior and exterior of the Department business to promote patron and business safety and the appearance of safety. Video surveillance signs shall be posted notifying the patron. CCTV monitors and recorders shall be secured in a separate locked compartment to prevent theft of,or tampering with,the recording. Recordings should be kept for a minimum of 30 days before being deleted or recorded over. 4 Any and all security officers provided shall comply with all State Police and Local ordinances regulating their services, including, without Department limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. 5 Alcohol sales and consumption shall be limited to the premise Police licensed by the Department of Alcoholic Beverage Control. Department 6 No display of alcoholic beverages shall be located outside of a Police building or within five (5) feet of any public entrance to the Department building. 7 The consumption of alcoholic beverages is prohibited outside of Police the licensed premises except as otherwise permitted by the City Department and Police Department. 8 Persons under 21 are prohibited from sitting at the fixed bar. Police Department 9 There shall be a sign posted at the edge of the licensed premises Police that reads, "No alcohol beyond this point." Department 10 The number of persons occupying the premises shall not exceed Police the maximum occupancy load as determined by the Anaheim Department Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place. 11 The managers/owners shall contact the Department of Alcoholic Police Beverage Control and obtain LEAD (Licensee Education on Department Alcohol and Drugs Program) or a similar certificate training program for themselves and service employees. 12 Any violation of the application,or any attached conditions, shall Police be subject to proceedings as set forth in Anaheim M.C. § Department 18.60.200. Alcoholic Beverage Sales—Off-Sale RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1. The property owner or his/her designee shall submit a detailed security Police Department and operations plan and floor plan to address security needs. This plan should include details required by the Police Department such as security personnel that will be provided, job duties and descriptions, Planning& procedures on communication, I.D. check, occupancy load and a Building detailed description of how problems at the location will be handled. Department, Once approved, the property shall be operated according to said plans Planning Services and a copy of the security plan shall be maintained with the Police Division Department,Vice Detail and the Planning& Building 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&Building Department. Security measures shall be reviewed and discussed with the Chief of Police or his/her designee on an on-going basis. 2. If an alarm system is installed, complete an Alarm Permit with the Police Department Anaheim Police Department on-line prior to initial alarm activation. 3. The owner/operator shall install Closed Circuit Television (CCTV) Police Department security cameras in the interior and exterior of the business to promote patron and business safety and the appearance of safety. Video surveillance signs shall be posted notifying the patron. CCTV monitors and recorders shall be secured in a separate locked compartment to prevent theft of, or tampering with, the recording. Recordings should be kept for a minimum of 30 days before being deleted or recorded over. 4. Premises, including entrance windows and glass doors, shall be Police Department maintained to permit visual access to the premises. 5. No display of alcoholic beverages shall be located outside of a building Police Department or within five feet of any public entrance to the building. 6. The consumption of alcoholic beverages are prohibited on the premises. Police Department 7. Check-out counters shall be located near the front of the store, clearly Police Department visible from the outside and positioned near the main entrance, so employees can better watch any activities. 8. Use interior shelving and displays no higher than five feet, less than five Police Department feet in front of windows to maintain clear visibility from inside the store, and from the store to the street, sidewalk, parking area, and passing vehicles. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 9. There shall be no advertising or sign of any kind or type, including Police Department advertising directed to the exterior from within,promoting or indicating the availability of alcoholic beverages on or in premises accessible from a public street. 10. The managers/owners shall contact the Department of Alcoholic Police Department Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) or a similar certificate training program for themselves and service employees. Restaurants with Alcohol and Entertainment — On-Sale (Including Entertainment Venues, Beer/Alcohol Garden,Wine Bar,etc.) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 1. The property owner or his/her designee shall submit a detailed Police security and operations plan and floor plan to address security needs. Department This plan should include details required by the Police Department such as security personnel that will be provided, job duties and descriptions, procedures on communication, I.D. check, occupancy load and a detailed description of how problems at the location will be handled. Once approved, the property shall be operated according to said plans and a copy of the security plan shall be maintained with the Police Department, Vice Detail and the Planning & Building 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 & Building Department. Security measures shall be reviewed and discussed with the Chief of Police or his/her designee on an on-going basis. 2. The owner/operator shall install Closed Circuit Television (CCTV) Police security cameras in the interior and exterior of the business to promote Department patron and business safety and the appearance of safety. Video surveillance signs shall be posted notifying the patron. CCTV monitors and recorders shall be secured in a separate locked compartment to prevent theft of, or tampering with, the recording. Recordings should be kept for a minimum of 30 days before being deleted or recorded over. 3. If an alarm system is installed,complete an Alarm Permit on-line with Police the Anaheim Police Department prior to initial alarm activation. Department 4. At all times when the premise is open for business, the premise shall Police be maintained as a bona fide restaurant and shall provide a menu Department containing an assortment of foods normally offered in such a restaurant. 5. Entertainment Venues are required to obtain an Entertainment Permit Police for required for review and approval by the Planning & Building Department Director. There shall be no live entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. If an entertainment license is approved, a Security Plan shall be submitted to the Police Department's Vice Detail for approval. 6. That the business operator shall comply with Section 24200.5 of the Police Business and Profession Code so as not to employ or permit any Department 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. 7. The managers/owners shall contact the Department of Alcoholic Police Beverage Control and obtain LEAD (Licensee Education on Alcohol Department and Drugs Program) or a similar certificate training program for themselves and service employees. 8. The number of persons shall not exceed the maximum occupancy load Police as determined by the Anaheim Fire Department. Signs indicating the Department occupancy load shall be posted in a conspicuous place. 9. That all doors serving subject restaurant shall conform to the Police requirements of the Uniform Fire Code and, for premises located Department north of Honda Center only, shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries, in cases of emergency and as otherwise permitted by the City and the Police Department. 10. Any and all security officers provided shall comply with all State and Police Local ordinances regulating their services, including, without Department limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. 11. There shall be a sign posted at the edge of the licensed premises that Police reads, "No alcohol beyond this point." Department 12. Distilled spirits bottle service at each venue permitted upon Police Police Department review and approval. If distilled spirits bottle service is Department approved, a security, operational and floor plan as set forth in Condition No. 1 shall be submitted to the Police Department Vice Detail for approval. Bars and Nightclubs—On-Sale NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 1. The property owner or his/her designee shall submit a detailed security Police Department and operations plan and floor plan to address security needs. A security plan must be submitted to the Chief of Police or his designee for review and approval prior to the operation of business. The plan should include the number of security personnel that will be provided, job duties and descriptions,procedures on communication,I.D.check, occupancy load and a detailed description of how problems at the location and problem guests will be handled. Once approved, the property shall be operated according to said plans and a copy of the security plan shall be maintained with the Police Department, Vice Detail and the Planning& Building 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 & Building Department. Security measures shall be reviewed and discussed with the Chief of Police or his/her designee on an on-going basis. 2. If an alarm system is installed, complete an Alarm Permit with the Police Department Anaheim Police Department on-line prior to initial alarm activation. 3. At premises located north of Honda Center only, doors shall be kept Police Department closed at all times during the operation of the premises except for ingress/egress, permit deliveries, in cases of emergency and as otherwise permitted by the City and the Police Department. OPERATII- ONDIT 4. The owner/operator shall install Closed Circuit Television (CCTV) Police Department security cameras in the interior and exterior of the business to promote patron and business safety and the appearance of safety. Video surveillance signs shall be posted notifying the patron. CCTV monitors and recorders shall be secured in a separate locked compartment to prevent theft of, or tampering with, the recording. Recordings should be kept for a minimum of 30 days before being deleted or recorded over. 5. The floor space provided for dancing shall be free of any furniture or Police Department partitions and maintained in a smooth and safe condition. 6. Any and all security officers provided shall comply with all State and Public Works Local ordinances regulating their services, including, without Department, limitation, Chapter 11.5 of Division 3 of the California Business and Traffic Profession Code. Engineering 7. There shall be no live entertainment, amplified music or dancing Planning and permitted on the premise at any time unless the proper permits have Building been obtained from the City of Anaheim. A Security Plan shall be Department, Code submitted to the Police Department's Vice Detail for approval. Enforcement 8. Distilled spirits bottle service at each venue permitted upon Police Police Department Department review and approval. If distilled spirits bottle service is approved, a security, operational and floor plan as set forth in Condition No. 1 shall be submitted to the Police Department Vice Detail for approval. 9. Last call for alcohol shall be 1:30 a.m. and the establishment shall Police Department discontinue operations at 2:00 a.m. Operator may permit orderly cessation of activity at the premises consistent with Police Department review and approval of the security, operational and floor plans set forth in condition no. 1. 10. All entertainers and employees shall be clothed in such a way as to not Planning and expose "specified anatomical areas" as described in Section 7.16.060 of Building the Anaheim Municipal Code. There shall be no poles or pools added Department, Code to the interior of the location. Enforcement 11. Staff shall deny entry to obviously intoxicated patrons. Police Department 12. The business shall not employ or permit any persons to solicit or Police Department 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 (Section 24200.5 Alcoholic Beverage Control Act). 13. The managers/owners shall contact the Department of Alcoholic Police Department Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) or a similar certificate training program for themselves and service employees. 14. The number of persons shall not exceed the maximum occupancy Police Department load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place. 15. The business shall not be operated in such a way as to be detrimental to Police Department the public health, safety or welfare. 16. No one under the age of 21 shall be allowed on the premises at any Police Department time. Signs shall be posted at the front door stating"No one under the age of 21 allowed." 17. An Entertainment Venue shall e-mail a monthly calendar of entertainment/events to the Vice Detail, prior to the start of each month or consistently maintain an "Event Calendar" on the website for the business. 18. Signs shall be posted at all exits stating "No alcohol beyond this Police Department point." 19. Any violation of the application, or any attached conditions, shall be Police Department subject to proceedings as set forth in Anaheim M.C. § 18.60.200. Recreation—Commercial Indoor and Outdoor NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO COMMENCING OPERATION OF THE BUSINESS Police Department The floor plan,hours of operation and security plan shall be submitted to the Planning & Building Department for review and approval by the Police and Planning & Building Departments prior to commencement. Planning& 1' After approval, said operation shall operate according to said plans and Building hours of operation. Any modification shall require approval from the Department, Planning&Building Director, and the Police Department. Planning Services Division All necessary permits and occupancy requirements shall be approved by Planning and 2. the Building Division of the Planning and Building Department and the Building Department, Fire Department. Building Division Planning and Building 3 A valid business license shall be obtained from the Business License D Division of the City of Anaheim. p ' Business License Division OPERATIONAL CONDITIONS Planning and The operator of the business shall not permit, and shall take all steps Building 4. necessary, to prevent its patrons from consuming alcoholic beverages on Department, the premises unless approved by the City. Code Enforcement Division Planning and For premises located north of Honda Center,all doors shall remain closed during Building 5' the daytime hours to prevent noise impacts on surrounding uses. Department, Planning Services Division The facility shall operate in accordance with the Letter of Operation and floor Planning and plan submitted as part of the application. Any changes to the facility's operation Building 6. described in the Letter of Operation shall be subject to review and approval by Department, the Planning and Building Director to determine substantial conformance with Planning Services said letter and to ensure compatibility with the surrounding uses. Division CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2022-106 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of September, 2022 by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None ABSTAIN: None ABSENT: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of September, 2022. ITY LERK OF THE CITY OF ANAHEIM (SEAL)