Resolution-PC 2015-037RESOLUTION NO. PC2015 -037
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486,
AMENDING CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC 2012 -033 AND DETERMINING THAT A PREVIOUSLY -
APPROVED MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST
(DEV2009- 00083)
(2232 SOUTH HARBOR BOULEVARD)
WHEREAS, on July 19, 2010, and subject to certain conditions of approval, the Planning
Commission of the City of Anaheim (hereinafter referred to as ( "Planning Commission "), by its
Resolution No. PC2010 -057, did approve Conditional Use Permit 2010 -05486 (the "Original
CUP ") 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, which included
enhanced landscaping and wall murals, located at 2232 South Harbor Boulevard, City of
Anaheim, County of Orange, State of California (the "Property "), as generally depicted on the
map attached hereto as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, on May 7, 2012, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC2012 -033, approved an amendment to the Original CUP
(designated as "Conditional Use Permit No. 2010- 05486B ") to permit additional entertainment
and community assembly uses (including: private parties, meetings and banquets, religious
services, and sporting and convention events) in conjunction with a previously- approved dinner
theater, with or without the sale of alcoholic beverages for on- premises consumption, but denied
the request to allow public dances (dance venue), launch parties and music concerts (herein
referred to as the "2012 Amendment "); and
WHEREAS, on April 7, 2014, and subject to certain conditions of approval, the Planning
Commission, by motion, approved a minor amendment to the Original CUP (designated as
"Conditional Use Permit No. 2010- 05486C ") to revise the floor plan for a previously- approved
dinner theater, restaurant, and banquet facility to accommodate a full- service restaurant and
dinner theater (herein referred to as the "2014 Amendment "); and
WHEREAS, the Original Cup, the 2012 Amendment and the 2014 Amendment shall be
referred to collectively herein as the "CUP ". The conditions of approval which were the subject
of the Original CUP, as amended and modified by the 2012 Amendment and the 2014
Amendment, shall be referred to herein collectively as the "Previous Conditions of Approval ");
and
WHEREAS, this Property is currently developed with a 43,500 square foot building,
located within the boundaries of the Anaheim Resort Specific Plan and within the Commercial
Recreation (C -R) District (Development Area 1) of the Anaheim Resort Specific Plan Zone. The
Property is designated for Commercial Recreation land uses in the Anaheim General Plan; and
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WHEREAS, one of the conditions of approval which were the subject of the First
Amendment (specifically, Condition No. 1) states that the permit be reviewed by the Planning
Commission at a noticed public hearing six months following the commencement of operations
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; and
WHEREAS, the current business operator commenced operations of the dinner theater
under the CUP on October 17, 2014; and
WHEREAS, the Planning Commission did receive a verified petition to further amend
the CUP (designated as "Conditional Use Permit No. 2010- 05486D ") to (1) eliminate the
requirement for the sale and service of food in conjunction with shows in the theater area, (2)
extend the permitted hours of operation, and (3) modify previously approved floor plans; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 18, 2015 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 Chapter 18.60
(Procedures) of the Anaheim Municipal Code (the "Code "), to hear and consider evidence for
and against the six -month compliance review, said proposed Conditional Use Permit No. 2010 -
05486D , and to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA "), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines "), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the proposed amendment to the CUP 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; 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 the CUP, does find and determine the
following facts:
1. The request to amend the CUP to change the use from a dinner theater to a live
performance theater, to extend the permitted hours of operation, and to modify previously
approved floor plans is within that class of primary uses (i.e., Entertainment Venue and
Community and Religious Assembly) subject to a conditional use permit authorized under
Section 18.116.070 (Uses — Commercial Recreation (C -R) District (Development Area 1) of the
Code.
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2. With the exception of the requested extension of the hours of operation, the request to
change the use from a dinner theater to a live performance theater and to modify previously
approved floor plans, will not adversely affect the surrounding land uses and the growth and
development of the area, with the implementation of the conditions of approval. The added
conditions limit the hours of operation, address noise from both the theater and banquet areas,
and provide security measures to ensure the orderly conduct of guests on -site. Additionally,
concerts or live musical events, would not be permitted in the theater until such time that the
applicant addresses the noise and vibration from such events and obtains approval from the
Planning Commission at a noticed public hearing.
3. The size and shape of the site is adequate to allow the full operation of the proposed
uses in a manner not detrimental to the particular area or to the health, safety and general welfare
of the public because no expansion to the building is proposed, nor will there be an increase of
the maximum capacity permitted under the CUP.
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 amendment to the CUP 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 extended hours of operation for the banquet facility and restaurant, that
all of the conditions and criteria for fully approving the requested amendment to this conditional
use permit are not present for the following reasons:
1. It has been demonstrated that the noise and vibration associated with concerts and
musical events do cause a disturbance to surrounding residents, which affect the quiet enjoyment
of their homes.
2. The Property is adjacent to residential uses to the south and east, which are
immediately adjacent to the parking areas for the facility. Closing hours beyond those approved
would impact the quiet enjoyment of the neighbors' properties.
3. There are several banquet facilities within the City that have been limited to
similar hours as those recommended by staff based on adjacency to residential uses.
WHEREAS, the Planning Commission 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 project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons
hereinabove stated, does hereby approve Conditional Use Permit No. 2010- 05486D to (1) change
the use from a dinner theater to a live performance theater, (2) extend the operating hours an
additional half hour for the banquet facility and restaurant, and (3) modify previously approved
floor plans; provided however that the Planning Commission does hereby deny that portion of
the request to extend the hours of operation for the restaurant and the banquet facilities.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Conditional Use Permit No. 2010- 05486D contingent upon and subject to the conditions of
approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the
"Revised Conditions of Approval ").
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution,
the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and
hereby replace the Previous Conditions of Approval in their entirety. All references to the
conditions of approval for the CUP shall be to the Revised Conditions of Approval attached to
this Resolution as Exhibit B , which shall control and govern the CUP, as amended by
Conditional Use Permit No. 2010- 05486D.
BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to
the uses permitted under Conditional Use Permit No. 2010- 05486D, 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. 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 those conditions of approval that relate to the uses permitted
under Conditional Use Permit No. 2010- 05486D 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 Code, and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
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 the 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 18, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
IAN, PLANK COMMISSION
CITY O - AN EIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 18, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 18 day of May, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2009-00083D
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EXHIBIT "B"
AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2010-05486 (CUP2010- 05486D)
(DEV2009- 00083D)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
WITHIN 30 DAYS
1
Signs shall be posted on the interior of the south and east facing exit
Planning
doors stating "Do Not Open, Except in Emergencies."
2
All guest parking spaces that may be used for valet service shall be
Planning
marked with a number. The 34 parking spaces behind the building
and closest to the south property line shall be marked "Employee."
3
The tower feature at the southwest corner of the building shall be
Planning
refinished to match the rest of the building. Alternatively, the
applicant may propose a different artistic mural (without advertising)
to replace the former murals. Said mural shall be reviewed by the
Planning Department, Planning Services Division and must be
installed within 30 days of approval.
4
Signs shall be posted at all exits stating "No alcohol beyond this
Police
point."
WITHIN 60 DAYS
5
Managers, owners, bar tenders, and wait staff shall call the
Police
Department of Alcoholic Beverage Control and obtain LEAD
(Licensee Education on Alcohol and Drugs) Training. The contact
number is (714) 558 -4101.
OPERATIONAL CONDITIONS
6
This permit shall be reviewed by the Planning Commission at a
Planning
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.
7
Code Enforcement staff shall conduct a minimum of four
Planning
unannounced inspection of the property within the next six months.
The costs associated with the inspections shall be borne by the
applicant.
8
No concerts, or live musical events, shall be permitted in the theater
Planning
area.
9
Ticketed concert or musical events or any concert or musical event
Planning
open to the general public shall not be held in any restaurant/banquet
area.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
Hours of operation shall be limited to the following:
Planning
Banquets and Restaurant
Police
• Sunday— Thursday: 9:00 a.m. to 10:00 p.m.;
• Friday /Saturday: 9:00 a.m. to midnight
Theater
• Sunday— Thursday: 9:00 a.m. to 10:00 p.m.;
• Friday /Saturday: 9:00 a.m. to 11:30 p.m.
Guests must be cleared from the property within 30 minutes of the
time limits stated above. Security personnel shall be responsible for
maintaining orderly conduct and prompt exiting from the property.
The disassembly and /or loading of equipment following events shall
cease no later than one hour beyond the time limits stated above.
11
For ticketed events in the theater, tickets shall be required for entry
Planning
into any portion of the building. An employee shall be stationed at
the front (west) entry to check tickets. The restaurant shall not be
open to the general public within two hours that a ticketed event is
held.
12
There shall not be concurrent events within the facility. No more than
Planning
one event may be held in either the main dining room or the theater
at one time; further, the restaurant shall not be open to the public at
the same time as any event in the main dining room or theater.
13
Events taking place on the same day shall be scheduled a minimum
Planning
of two hours apart in order to ensure an adequate number of on -site
parking spaces and adequate traffic flow.
14
The number of persons admitted shall not exceed 990 guests for
Planning
events held within the theatre portion of the venue or 620 guests for
events held within the combined banquet areas. Total occupancy of
the building may not exceed 990 guests.
15
If noise complaints are received, and are validated by City staff, the
Planning
applicant must cease operation of the noise source until such time
that additional measures are implemented to eliminate the noise.
16
Trash shall not be emptied into outside trash containers between the
Planning
hours of 10:00 p.m. and 7:00 a.m.
17
A chain or other barrier/barricade shall be maintained at either end of
Planning
the south drive aisle from one hour before to one hour after events to
prohibit cars and buses from driving through or parking in this area.
18
The permitted event or activity shall not create sound levels that
Planning
violate any ordinance of the City of Anaheim.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
19
The Parking Management Plan is subject to continuous review by the
Planning
Planning Department and Public Works, Traffic and Transportation
Division. The plan shall include measures to ensure that the parking
Public Works
of vehicles and valet activities do not affect traffic on Harbor
Boulevard and do not cause a disturbance to the residential
neighbors.
20
The same valet operator for all events shall be provided by the
Planning
business owner.
21
Valet attendants shall park vehicles in the numbered stalls reserved
Planning
for valet. Valet attendants shall not rely upon chirping the key fobs to
locate vehicles.
22
The valet stand shall be located at the west entry, as shown on the
Traffic and
approved Parking Management Plan.
Transportation
23
The ongoing ability for guests to self -park at no charge shall be
Planning
clearly posted. Optional valet parking may also be provided.
Traffic and
Transportation
24
The parking area immediately behind the building shall be reserved
Planning
for employees. Guests are not permitted to park in this area.
25
No buses are allowed in the parking area on the east side of the
Planning
property, or the drive aisle along the south side of the property,
including, but not limited to, buses for tour companies or performers.
26
Patrons shall be prohibited from parking on the adjacent commercial
Planning
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.
27
The same security team for all events shall be provided by the
Police
business owner, utilizing a company approved by the Police
Department. Customers hosting events at the facility are not
permitted to employ or provide their own security, except for security
that is in addition to the security team provided by the business
owner.
28
The Security Plan is subject to continuous review by the Police
Police
Department, Vice Detail. 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.
29
Any and all security officers provided shall comply with all State and
Police
Local ordinances regulating their services, including, without
limitation, Chapter 11.5 of Division 3 of the California Business and
Profession Code.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
30
Parking lots, driveways, circulation areas, aisles, passageways,
Police
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.
31
All south and east facing doors shall remain closed at all times,
Police
except in case of an emergency. Security guards shall monitor the
south and east doors during events to ensure that they remain closed.
32
Security personnel shall be responsible for maintaining orderly
Police
conduct and prompt exiting from the property.
33
Management shall e -mail a monthly calendar of entertainment /events
Police
to the Vice Detail, attention mmirwin@anaheim.net prior to the start
of each month.
34
Any graffiti painted or marked upon the premises or on any adjacent
Planning
area under the control of the licensee shall be removed or painted
over within 24 hours of being applied.
35
Any television or film activity shall be limited to filming, recording
Planning
or broadcasting events that are authorized by this conditional use
permit.
36
As recommended by the updated parking analysis prepared by
Public Works
Kunzman Associates, Inc. (dated March 7, 2012), events shall
commence no earlier than 9:00 a.m.
37
As required by the facility's Type 47 (On -Sale- General — Eating
Police
Place) Alcohol Beverage Control license, at all times when the
premise is open for business, the premise shall be maintained as a
bona fide restaurant and shall provide a menu containing an
assortment of food normally offered in a restaurant.
38
That subject alcoholic beverage license shall not be exchanged for a
Police
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.
39
The sale of alcoholic beverages for consumption off the premise shall
Police
be prohibited.
40
There shall be no exterior advertising or sign of any kind or type,
Police
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
41
The business shall not employ or permit any persons to solicit or
Police
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)
42
Petitioner shall not share any profits, or pay any percentage or
Police
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.
43
All employees and patrons shall be clothed in such a way as to not
Police
expose "specified anatomical areas" as explained in the Anaheim
Municipal Code.
44
Petitioner(s) shall not require an admission charge or a cover charge,
Police
nor shall there be a requirement to purchase a minimum number of
drinks.
45
Entertainment is allowed only within the building. No entertainment,
Police
including band warm -up and rehearsal, is allowed in the parking lot.
46
No Public Dance shall be allowed.
Police
47
No minor under the age of sixteen (16) years shall be allowed to
Police
attend the dance or event, unless accompanied by a parent or
guardian.
48
The business shall not be operated in such a way as to be detrimental
Police
to the public health, safety or welfare. (Section 4.18.050.0302
Anaheim Municipal Code)
49
Any violation of the application, or any attached conditions, shall be
Police
sufficient grounds to revoke the permit. (Section 4.18.110(A)
Anaheim Municipal Code)
GENERAL
50
The subject Property shall be developed substantially in
Planning Department
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the
Planning Department, and as conditioned herein.
51
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department
and its officials, officers, employees and agents (collectively
referred to individually and collectively as "Indemnitees ") from
any and all claims, actions or proceedings brought against
Indemnitees to attack, review, set aside, void, or annul the
decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
- 11 - PC2015 -037
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to,
damages, fees and /or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
52
The applicant is responsible for paying all charges related to the
Planning Department
processing of this discretionary case application within 30 days of
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
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