Resolution-PC 2015-097RESOLUTION NO. PC2015-097
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 2015-037 AND DETERMINING THAT A
PREVIOUSLY -APPROVED MITIGATED NEGATIVE DECLARATION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST
(DEV2009-00083E)
(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, on May 18, 2015, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC2015-037, approved an amendment to the CUP
(designated as "Conditional Use Permit No. 2010-05486D"), in part, to change the use from a
dinner theater to a live performance theater, extend the operating hours an additional half hour
for the banquet facility and restaurant, and modify previously -approved floor plans; denying that
portion of the request to extend the hours of operation for the restaurant and the banquet facilities
(herein referred to as the "2015 Amendment"); and
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WHEREAS, the Original CUP, the 2012 Amendment, 2014 Amendment and 2015
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,
2014 Amendment, and 2015 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
WHEREAS, one of the conditions of approval which were the subject of the 2015
Amendment (specifically, Condition No. 6) states that the permit be reviewed by the Planning
Commission at a noticed public hearing six months from May 18, 2015 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 Planning Commission did receive a verified petition to further amend
the CUP (designated as "Conditional Use Permit No. 2010-05486E") to 1) to allow live musical
concerts in the theater; 2) allow the restaurant to operate concurrently with events in the theater;
3) extend the permitted hours of operation for the restaurant until 2 a.m., daily; 4) amend a
condition pertaining to lighting.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 16, 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-
05486E, and to investigate and make findings and recommendations in connection therewith.
The public hearing was continued by the Planning Commission to December 14, 2015; 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:
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1. The request to amend the CUP to change the operations of the existing live
performance theater, restaurant and banquet facility 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.
2. With the exception of the requested extension of the hours of operation, the request to
change the operations of the existing live performance theater will not adversely affect the
surrounding land uses and the growth and development of the area, with the implementation of
the conditions of approval.
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 and all activities would be inside
the building.
4. The traffic generated 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 theater.
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 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. The request to extend hours of operation for the restaurant would allow theater or
banquet patrons to carry their group activities into the restaurant for the later hours. Differing
hours for the various uses would be extremely difficult to monitor and enforce. The Police
Department has also validated that the business has operated beyond the allowed time limits on
three occasions.
2. Noise associated with the end of an event, including car alarms, music being
played from cars, and patrons talking and loitering in parking areas are inevitable; therefore, the
facility should close at an acceptable hour so as not to affect the peaceful enjoyment of the
surrounding homes.
3. 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.
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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.
NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons
hereinabove stated, does hereby approve Conditional Use Permit No. 2010-05486E to 1) allow
live musical concerts in the theater; 2) allow the restaurant to operate concurrently with events in
the theater; and 3) amend a condition pertaining to lighting; provided, however, that the Planning
Commission does hereby deny that portion of the request to extend the hours of operation for the
restaurant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Conditional Use Permit No. 2010-05486E 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. 2010-05486E.
BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to
the uses permitted under Conditional Use Permit No. 2010-05486E, 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. 2010-05486E 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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 14, 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.
CHA RMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 December 14, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2009-00083E
APN: 233-051-08
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EXHIBIT "B"
AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2010-05486 (CUP2010-05486E)
(DEV2009-00083E)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
This permit shall be reviewed by the Planning Commission at a
Planning and Building
noticed public hearing in six months to ensure on-going compliance
Department
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.
2
Hours of operation shall be limited to the following:
Planning and Building
Department
Banquets and Restaurant:
Police Department
• 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.
3
Deejays, bands or any other form or live entertainment shall be limited
Police Department
to the following:
• Sunday— Thursday: 9:00 a.m. to 10:00 p.m.
• Friday/Saturday: 9:00 a.m. to midnight
4
The maximum sound level within the venue shall be maintained at 85
decibels or less.
5
The tables and table covers shall be maintained in the theater during
events to serve as sound absorption.
6
Ticketed concert or musical events or any concert or musical event
Planning and Building
open to the general public shall not be held in any restaurant/banquet
Department
area.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
Concurrent events are permitted subject to the following:
Planning and Building
• During an event in the theater, up to 175 restaurant patrons
Department
are permitted.
• During an event in the theater, a private event shall not be
held in the main dining room.
• During an event in the theater and a private event in the small
banquet room, the restaurant shall not be open to the public.
8
Events taking place on the same day shall be scheduled a minimum
Planning and Building
of two hours apart in order to ensure an adequate number of on-site
Department
parking spaces and adequate traffic flow.
9
The number of persons admitted shall not exceed 990 guests for
Planning and Building
events held within the theatre portion of the venue.
Department
10
If noise complaints are received, and are validated by City staff, the
Planning and Building
applicant must cease operation of the noise source until such time
Department
that additional measures are implemented to eliminate the noise.
11
Trash shall not be emptied into outside trash containers between the
Planning and Building
hours of 10:00 p.m. and 7:00 a.m.
Department
12
A chain or other barrier/barricade shall be maintained at either end of
Planning and Building
the south drive aisle from one hour before to one hour after events to
Department
prohibit cars and buses from driving through or parking in this area.
13
The permitted event or activity shall not create sound levels that
Planning and Building
violate any ordinance of the City of Anaheim.
Department
14
The Parking Management Plan is subject to continuous review by the
Planning and Building
Planning and Building Department and Public Works, Traffic and
Department,
Transportation Division. The plan shall include measures to ensure
Public Works
that the parking of vehicles and valet activities do not affect traffic on
Department
Harbor Boulevard and do not cause a disturbance to the residential
neighbors.
15
The business owner shall require that any valet operator review the
Planning and Building
Parking Management Plan and conditions of approval pertaining to
Department
valet operations and sign an agreement that they will comply with the
requirements.
16
Valet attendants shall park vehicles in the numbered stalls reserved
Planning and Building
for valet. Valet attendants shall not rely upon chirping the key fobs to
Department
locate vehicles.
17
The valet stand shall be located at the west entry, as shown on the
Public Works
approved Parking Management Plan.
Department,
Traffic and
Transportation
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
18
The ongoing ability for guests to self -park at no charge shall be
Planning and Building
clearly posted. Optional valet parking may also be provided.
Department
Public Works
Department, Traffic
and Transportation
Division
19
The parking area immediately behind the building shall be reserved
Planning and Building
for employees. Guests are not permitted to park in this area.
Department
20
No buses are allowed in the parking area on the east side of the
Planning and Building
property, or the drive aisle along the south side of the property,
Department
including, but not limited to, buses for tour companies or performers.
21
Patrons shall be prohibited from parking on the adjacent commercial
Planning and Building
property to the south (currently occupied by Bank of America) unless
Department
written authorization to do so is received from the property owner
and submitted to the Planning and Building Department.
22
The same security team for all events shall be provided by the
Police Department
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.
23
The Security Plan is subject to continuous review by the Police
Police Department
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.
24
Any and all security officers provided shall comply with all State and
Police Department
Local ordinances regulating their services, including, without
limitation, Chapter 11.5 of Division 3 of the California Business and
Profession Code.
25
The eastern portion of the property shall be provided with enough
Police Department
lighting to illuminate and make clearly visible the presence of any
person on or about the premises between dusk and 5:30 a.m.
26
All south and east facing doors shall remain closed at all times,
Police Department
except in case of an emergency. Security guards shall monitor the
south and east doors during events to ensure that they remain closed.
27
Security personnel shall be responsible for maintaining orderly
Police Department
conduct and prompt exiting from the property.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
28
Management shall e-mail a monthly calendar of entertainment/events
Police Department
to the Vice Detail, attention mmirwin&anaheim.net, prior to the start
of each month. Alternatively, the operator shall consistently maintain
an "Event Calendar" on the website for the business.
29
Any graffiti painted or marked upon the premises or on any adjacent
Planning and Building
area under the control of the licensee shall be removed or painted
Department
over within 24 hours of being applied.
30
Any television or film activity shall be limited to filming, recording
Planning and Building
or broadcasting events that are authorized by this conditional use
Department
permit.
31
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.
32
As required by the facility's Type 47 (On -Sale -General — Eating
Police Department
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.
33
That subject alcoholic beverage license shall not be exchanged for a
Police Department
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.
34
The sale of alcoholic beverages for consumption off the premise shall
Police Department
be prohibited.
35
There shall be no exterior advertising or sign of any kind or type,
Police Department
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.
36
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)
37
Petitioner shall not share any profits, or pay any percentage or
Police Department
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
38
All employees and patrons shall be clothed in such a way as to not
Police Department
expose "specified anatomical areas" as explained in the Anaheim
Municipal Code.
39
Petitioner(s) shall not require patrons to purchase a minimum number
Police Department
of drinks.
40
Entertainment is allowed only within the building. No entertainment,
Police Department
including band warm-up and rehearsal, is allowed in the parking lot.
41
The property shall not be operated as a "Dance Venue", as defined in
Police Department
Section 18.92.070 of the Anaheim Municipal Code.
42
No minor under the age of sixteen (16) years shall be allowed to
Police Department
attend the dance or event, unless accompanied by a parent or
guardian.
43
Managers, owners, bar tenders, and wait staff shall call the
Police Department
Department of Alcoholic Beverage Control and obtain LEAD
(Licensee Education on Alcohol and Drugs) Training. The contact
number is (714) 558-4101.
44
The business shall not be operated in such a way as to be detrimental
Police Department
to the public health, safety or welfare. (Section 4.18.050.0302
Anaheim Municipal Code)
45
Any violation of the application, or any attached conditions, shall be
Police Department
sufficient grounds to revoke the permit. (Section 4.18.110(A)
Anaheim Municipal Code)
46
Signs shall be posted on the interior of the south and east facing exit
Planning and Building
doors stating "Do Not Open, Except in Emergencies."
Department
47
All guest parking spaces that may be used for valet service shall be
Planning and Building
marked with a number. The 34 parking spaces behind the building
Department
and closest to the south property line shall be marked "Employee."
48
Signs shall be posted at all exits stating "No alcohol beyond this
Police Department
point."
GENERAL
49
The subject Property shall be developed substantially in
Planning and Building
accordance with plans and specifications submitted to the City of
Department
Anaheim by the petitioner and which plans are on file with the
Planning and Building Department, and as conditioned herein.
50
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department
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
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
proceedings, acts or determinations taken, done, or made prior to
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.
51
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of
Department
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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