Resolution-PC 2012-033RESOLUTION NO. PC2012 -033
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING, IN PART, AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-
05486 AND AMENDING CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC 2010 -057 AND DETERMINING THAT A PREVIOUSLY
APPROVED MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE
ENVIRONMENTAL DETERMINATION FOR THIS REQUEST
(DEV2009- 00083)
(2232 SOUTH HARBOR BOULEVARD)
WHEREAS, on July 19, 2010, the Anaheim City Planning Commission
(hereinafter referred to as ( "Planning Commission "), by its Resolution No. PC2010 -057, did
approve Conditional Use Permit 2010 -05486 to permit the conversion of two adjoined vacant
commercial buildings located on a legal non - conforming 4.8 -acre site into the "Battle of the
Dance" dinner theater including enhanced landscaping and wall murals pursuant to Section
18.60.180 of the Anaheim Municipal Code located at 2232 South Harbor Boulevard, 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, this property is currently developed with a 43,500 square foot
building, located in the SP92 -2 Anaheim Resort Specific Plan Zone and the Anaheim General
Plan designates this property for Commercial Recreation land uses; and
WHEREAS, on April 23, 2012, the Planning Commission did receive a verified
Petition to amend Conditional Use Permit No. 2010 -05486 (designated as "Conditional Use
Permit No. 2010- 05503B ") to allow additional entertainment and community assembly uses in
conjunction with a previously approved dinner theatre, with or without the sale of alcoholic
beverages for on premises consumption, including: concerts; public dances; private parties,
meetings and banquets; religious assembly; and, sporting and convention events; and
WHEREAS, the Planning Commission did hold public hearings at the Civic
Center in the City of Anaheim on April 23 and May 7, 2012 at 5:00 p.m., notice of said public
hearings 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 amendment to conditional use permit and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the 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 pertaining to the request for an amendment to Conditional Use Permit No.
2010 - 05486, does find and determine the following facts:
1. The request to amend this conditional use permit to allow additional
entertainment and community assembly uses in conjunction with a previously- approved dinner
theatre, with or without the sale of alcoholic beverages for on premises consumption, including:
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concerts; public dances; private parties, meetings and banquets; religious assembly; and, sporting
and convention events is properly one for which a conditional use permit is authorized under
Municipal Code Section 18.116.070 of the Zoning Code.
2. With exception of the requested public dance, launch parties and concert uses, the
request to amend this conditional use permit to allow additional entertainment and community
assembly uses, with or without the sale of alcoholic beverages for on premises consumption,
would not adversely affect the surrounding land uses and the growth and development of the area
because the property is currently developed with an approximately 43,500 square -foot, 950 -seat
live performance theatre and the proposed uses are compatible with the surrounding area.
3. The size and shape of the site is adequate to allow the full operation of the
proposed uses, with exception of the public dances and concert uses, in a manner not detrimental
to the particular area or to the health, safety and general welfare of the public.
4. The traffic generated by allowing additional uses at the site would not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the number of vehicles entering and exiting the site is consistent with traffic
impacts associated with the originally- permitted dinner theatre.
5. The granting, in part, of the amended conditional use permit under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim
and will provide a land use that is compatible with the surrounding area.
WHEREAS, the Planning Commission does further find and determine, with
respect to the requested public dance (dance venue), launch party and concert uses, that all of the
conditions and criteria for approving an amendment to this conditional use permit are not present
for the following reasons:
1. The business owner has allowed public dances to operate at this location in
violation of the Anaheim Municipal Code for approximately seven months. During that time, the
City has received numerous complaints from adjacent residents regarding noise emanating from
the building and disturbing the adjacent residential neighborhood. Complaints have also been
received regarding excessive noise caused by patrons leaving the venue, such as noise from car
stereos, alarms and horns. These conditions have been witnessed by City staff visiting the venue
while public dances are being held.
2. There have been 26 calls for police service to this location within the past seven
months and most of these calls have been attributed to noise and disturbance complaints resulting
from the public dance operation and a concert which took place on September 11, 2011. In
addition, Police and Planning Department staff members have personally witnessed disorderly
conduct committed by patrons leaving the premises including a person urinating in public, an
overly- intoxicated patron, and littering on adjacent properties.
3. On April 12, 2012, Police Department staff members visited an advertised public
dance event and witnessed entertainment being provided by "go -go" dancers that is prohibited by
Chapter 18.54 (Sex - Oriented Businesses) of the Anaheim Municipal Code.
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4. Based upon the observations noted above, the Planning Commission hereby
determines that public dances (dance venue), launch parties and concerts cannot be hosted at this
location without detriment to the health and safety of the citizens of the City of Anaheim and
such uses are not compatible with the surrounding area.
WHEREAS, the proposed project will not create any additional environmental
impacts beyond those analyzed and addressed by the previously approved Mitigated Negative
Declaration and associated Mitigation Monitoring Program No. 158, and is therefore, exempt
from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.
2010 -05486 (CUP2010- 05486B), in part, to permit additional entertainment and community
assembly uses in conjunction with a previously approved dinner theatre, with or without the sale
of alcoholic beverages for on premises consumption, including: private parties, meetings and
banquets; religious services; and, sporting and convention events; and does hereby deny the
request to allow public dances (dance venue), launch parties and music concerts.
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. PC2010 -057, approving Conditional Use Permit No. 2010 - 05486,
as previously amended, to read as stated in Exhibit `B" attached hereto and incorporated by this
reference which 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.
BE IT FURTHER RESOLVED that, except as expressly amended herein,
Resolution No. PC2010 -057, approving Conditional Use Permit No. 2010- 05486, shall remain if
full force and effect.
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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 7, 2012. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Zoning Provisions - General" of the Anaheim Murpi ipal Code pertaining to appeal
procedures and may be replaced by a City Council Res•luti n in the event of an appeal.
ATTEST:
(.4- vL�.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CITY PLANNINMISSION
SENIOR 1°'rECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 May 7, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: AGARWAL
ABSTAINED: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of May, 2012.
SENIOR CRETARY, ANAHEIM CITY PANNING COMMISSION
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AP N : 233 -051 -08
]EXHIBIT "A"
DEV2009 -00083
W WILICEN WAY
546'
N N
cc oo
Cr) CO
546'
L
r
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
10979
5 PC2012 -033
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL
1
This permit shall be reviewed by the Planning
Commission at a noticed public hearing in six
months to ensure on -going compliance with the
conditions of approval and to ensure that the venue is
being operated without detriment to the surrounding
neighborhood. The costs associated with this public
hearing shall be borne by the applicant.
Planning
Department
2
Within 30 days of approval of this application, the
applicant shall submit building plans illustrating
additional sound attenuation measures within the
front lobby area. These measures shall be designed
to prevent sound leakage from all south facing
emergency exits. These improvements shall be
installed within 60 days of approval of this
application.
Planning
Department
3
Within 60 days of approval of this application, the
existing trash enclosure shall be relocated to the
northeast portion of the property in a location
acceptable to the Public Works and Planning
Departments.
Planning
Department
4
The additional uses authorized by this application
shall be considered as accessory to the primary use of
the venue which is a dinner theatre. These uses shall
not be permitted to operate in the event that the
dinner theatre ceases operation.
Planning
Department
5
Patrons shall be prohibited from parking on the
adjacent commercial property to the south (currently
occupied by Bank of America) unless written
authorization to do so is received from the property
owner and submitted to the Planning Department.
Planning
Department
6
All south and east facing doors shall remain closed
during times that events are hosted at the venue.
Code
Enforcement
EXHIBIT "B"
AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2010-05486 (CUP2010- 05486B)
(DEV2009- 00083)
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PC2012 -033
7
Any live or recorded musical entertainment provided
in the main theatre area shall be incidental to a
simultaneous theatrical performance or religious
service and shall not be allowed as a primary use.
Code
Enforcement
8
Within 30 days of approval of this permit, a revised
parking management plan shall be submitted to the
Planning Department for review and approval. Such
plan shall demonstrate the ongoing ability for patrons
to either self -park or to utilize valet parking and signs
shall be clearly posted so that patrons arriving at the
venue are made aware of this option. Said plan shall
also include measures to ensure that the parking of
vehicles and valet activities do not disturb the
adjacent residential properties.
Planning
Department
9
Any live or recorded musical entertainment provided
in the lobby area shall be incidental to a simultaneous
public or private event such as weddings, proms,
birthday celebrations, banquets etc, and shall not be
allowed as a primary use.
Code
Enforcement
10
Within 30 days of approval of this application, the
two southernmost parking lot light standards located
at the rear of the building shall be equipped with
shields designed to prevent excessive glare upon the
adjacent residential properties to the south.
Code
Enforcement
11
All uses, including the existing dinner theatre and the
additional uses authorized by this application, shall
operate no later than 10:00 p.m., Sunday through
Thursday, and no later than 11:30 p.m., Friday and
Saturday. The disassembly and/or loading of
equipment following each event shall cease no later
than one hour beyond the time limits stated above.
Code
Enforcement
12
Any television or film activity shall be limited to
filming, recording or broadcasting events that are
authorized by this conditional use permit.
Code
Enforcement
13
As recommended by the updated parking analysis
prepared by Kunzman Associates, Inc. (dated March
7, 2012), events shall commence no earlier than 9:00
a.m.
Code
Enforcement
��
Events taking place on the same day shall be
scheduled a minimum of two hours apart in order to
ensure an adequate number of on -site parking spaces
and adequate traffic flow.
Code
Enforcement
7
PC2012 -033
15
As required by the facility's Type 47 (On -Sale-
General — Eating Place) Alcohol Beverage Control
license, at all times when the premise is open for
business and alcohol is being served the applicant
shall provide a menu containing an assortment of
foods normally offered in a restaurant.
Police
Department
16
The sale of alcoholic beverages for consumption off
the premise shall be prohibited.
Police
Department
17
There shall be no exterior advertising of any kind or
type, including advertising directed to the exterior
from within, promoting or indicating the availability
of alcoholic beverages.
Police
Department
18
That subject alcoholic beverage license shall not be
exchanged for a public premise (bar) type license nor
shall the establishment be operated as a public
premise as defined in Section 23039 of the Business
and Professions Code.
Police
Department
19
Parking lots, driveways, circulation areas, aisles,
passageways, recesses and grounds contiguous to
buildings, shall be provided with enough lighting to
illuminate and 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 onsite.
Police
Department
20
Within 30 days of approval of this application, a
security plan shall be submitted to the Anaheim
Police Department for review and approval. The
plan shall include measures to 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 created by patrons
entering or leaving the premises.
Police
Department
21
Any and all security officers provided shall comply
with all State and Local ordinances regulating their
services, including, without limitation, Chapter 11.5
of Division 3 of the California Business and
Profession Code. (Section 4.18.110 (A) Anaheim
Municipal Code)
Police
Department
22
The number of persons admitted shall not exceed 990
guests for events held within the theatre portion of
the venue or 730 guests for events held within the
lobby area. No event shall exceed 990 guests.
Police
Department
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PC2012 -033
23
At all times that entertainment is permitted, except
during times of entry or exit, emergencies and
deliveries, the doors shall remain closed. (Section
4.18.1.10 Anaheim Municipal Code)
Police
Department
24
The business shall not be operated in such a way as
to be detrimental to the public health, safety or
welfare. (Section 4.18.050.0302 Anaheim Municipal
Code)
Police
Department
25
All entertainers and employees shall be clothed in
such a way as to not expose "specified anatomical
areas" as described in Sections 7.16.060 and
18.54.020 of the Anaheim Municipal Code.
Police
Department
26
Any violation of the application, or any attached
conditions, shall be sufficient grounds to revoke the
permit. (Section 4.18.110(A) Anaheim Municipal
Code)
Police
Department
27
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. (Section
24200.5 Alcoholic Beverage Control Act)
Police
Department
28
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.
Police
Department
29
Entertainment is allowed only within the building.
No entertainment, including band warm -up and
rehearsal, is allowed in the parking lot.
Police
Department
30
A letter shall be prepared by City staff and mailed to
surrounding property owners, informing them of the
Commission's action to approve this request. The
letter shall include contact information for both the
business operator and City staff in the event these
owners wish to express a concern or comment.
Planning
Department
31
Code Enforcement staff shall conduct a minimum of
four unannounced inspections of the property within
the next six months. The applicant shall bear the cost
of these inspections.
Code
Enforcement
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PC2012 -033