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PC 2016/06/27 City of Anaheim Planning Commission Agenda Monday, June 27, 2016 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Michelle Lieberman • Chairman Pro-Tempore: Mitchell Caldwell • Commissioners: Paul Bostwick, Bill Dalati, Grant Henninger, Victoria Ramirez, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Item • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, June 23, 2016, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 06-27-2016 Page 2 of 4 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 06-27-2016 Page 3 of 4 Public Hearing Item ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2010-05486F (DEV2009-00083F) Location: 2232 South Harbor Boulevard Request: Planning Commission-initiated six-month compliance review of a conditional use permit for M3Live Anaheim Event Center, which is an existing theater, restaurant, and banquet facility; and, applicant-initiated requests to (1) amend the subject conditional use permit to allow public parking when the venue is not in use; and (2) amend the conditions of approval pertaining to operations, including the permitted hours of operation. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net Adjourn to Monday, July 11, 2016 at 5:00 p.m. 06-27-2016 Page 4 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:00 p.m. June 22, 2016 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JUNE 27, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2010-05486F LOCATION: 2232 South Harbor Boulevard (M3Live Anaheim Event Center) APPLICANT/PROPERTY OWNER: The applicant is Musa Madain and the property owner is P.A. Poon and Son, Inc. REQUEST: City-initiated six-month compliance review of a conditional use permit for M3Live Anaheim Event Center (an existing theater, restaurant, and banquet facility); and, applicant-initiated requests to (1) amend the subject conditional use permit to allow public parking when the venue is not in use; and (2) amend the conditions of approval pertaining to operations, including the permitted hours of operation. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approve, in part, Conditional Use Permit No. 2010- 05486F. BACKGROUND: In July 2010, a conditional use permit was approved to permit a 43,500 square foot dinner theater venue known as Battle of the Dance. The dinner theater opened for business in February 2011. The dinner theater business struggled shortly after opening and the operator subsequently began allowing night club and concert promoters to use the venue in violation of the CUP. This expanded activity resulted in negative impacts to the surrounding community. Complaints received were generally related to loud music emanating from the building and disruptive customers loitering in the parking lot. There had previously been no issues or complaints from the surrounding community when the Battle of the Dance operated solely as a dinner theater, in compliance with the CUP. In May 2012, the CUP for Battle of the Dance was amended to allow various activities accessory to the dinner theatre operations, including private parties, meetings and banquets, religious assembly, and, sporting and convention events. CONDITIONAL USE PERMIT NO. 2010-05486F June 27, 2016 Page 2 of 9 Additional activities, including public dance hall (nightclub) activities and music concerts were requested at that time, but denied by the Planning Commission. Battle of the Dance subsequently closed in late 2012 and the building remained vacant until occupied by the current tenant, M3Live Anaheim Event Center. M3Live made substantial renovations to the building and opened for business in September 2014. The initial business description for M3Live included dinner theater shows on Friday and Saturday nights and a restaurant that would operate from Sunday through Thursday. Prior to its opening, the Commission reviewed revised floor plans for M3Live to convert the front portion of the building to a restaurant dining area. This area had been used as a large lobby area, including a small stage, when operated as Battle of the Dance. The approved modification did not include changes to the conditions of approval, and the new (current) operator agreed to abide by all of the pre-existing conditions of the CUP, including a six-month compliance review to be scheduled before the Planning Commission following the start of operations. On May 18, 2015, the Commission considered a six-month compliance review for M3Live. The compliance review included a request by the applicant to amend the CUP by removing the requirement to provide dinner in conjunction with theater shows, expand the hours of operation and revise the venue’s floor plan. The Commission approved the request, in part, permitting live shows in the theater without dinner, with the exception of musical concerts; extending the hours of operation for banquets until midnight on Friday and Saturday nights; and, revising the floor plan for the main dining room. The approved changes to the dining room included relocation of the bar from the middle of the room to a side wall, but these physical changes have not been implemented. On December 14, 2015, the Commission considered a second six-month compliance review for M3Live. The compliance review included a request by the applicant to amend the CUP to allow concerts in the theater, allow the restaurant to operate concurrently with events in the theater, extend the permitted hours of operation for the restaurant until 2 a.m., daily, and amend a condition pertaining to parking lot lighting. The Commission approved the request, in part, denying the portion pertaining to later hours of operation. PROPOSAL: In addition to the required six-month compliance review, the applicant is requesting modification to the CUP, as follows: 1. Allow Public Parking: The applicant requests an amendment to the conditional use permit to allow public parking for a fee when the facility is not being used for an event. 2. Modify or Delete Conditions of Approval: a. Modify Condition Nos. 2, 7, 21, 31, and 45, which are fully described in the Analysis section below. b. Delete Condition Nos. 1 and 5, which are fully described in the Analysis section below. CONDITIONAL USE PERMIT NO. 2010-05486F June 27, 2016 Page 3 of 9 FINDINGS AND ANALYSIS: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Six Month Review: Per the conditions of approval for this CUP, the business is subject to a six- month review by the Commission to ensure on-going compliance with the conditions of approval and to ensure that the venue is being operated in a manner that is compatible with the surrounding neighborhood. A memorandum from Code Enforcement Division staff, included as Attachment No. 4, details the complaints and enforcement activity since the last public review in December 2015. Following the last hearing, any Police Department calls for service pertaining to CUP compliance were immediately forwarded to Code Enforcement for response. Code Enforcement staff responded to nine separate complaints in the past six months and conducted follow up inspections to confirm compliance. Most of the calls for service received were related to noise or disturbance complaints. Staff responded to six such complaints since December. All noise or disturbance complaints investigated by Code Enforcement staff were deemed unfounded, based on personal observations or noise readings taken with a sound meter. On one occasion, the officer noted hearing intermittent bass, but that it did not register on the sound meter because of its low frequency. Although the noise and disturbance complaints were deemed unfounded, there were two instances that the business owner was cited for violating the conditions of approval or the Anaheim Municipal Code. These violations were for charging guests for self-parking, which is a violation of Condition No. 18 of the current resolution (Attachment No. 2) and for allowing vehicle storage, which is a violation of the Zoning Code and is not authorized by the CUP. Staff confirmed two instances that the applicant violated Condition No. 18 by charging all patrons for parking without providing an option to self-park for free. The requirement to provide optional free parking is intended to discourage patrons from parking off-site, improve vehicular flow by reducing valet stacking, and reduce the chance of large groups waiting and gathering at the valet stand. In regard to the storage of vehicles, the applicant allowed a rental car agency to store CONDITIONAL USE PERMIT NO. 2010-05486F June 27, 2016 Page 4 of 9 approximately 18 vehicles in the parking lot. In the Code Enforcement memo, the vehicles are referred to as “Auction/Impounded/Stored” vehicles because staff did not know the purpose of the stored vehicles until later asking the applicant. This violation was quickly rectified by the business owner. The charging for parking did not occur on a continual basis and can continue to be monitored by staff on an as-needed basis and will cite the applicant if found in violation. The storage of vehicles was limited to a small section of the lot and was quickly resolved. Based on the lack of significant violations reported during the past six months and the steps that the owner has taken to address noise concerns within the past year, staff recommends removal of the requirement for another six-month review. Public Parking: The applicant requests an amendment to the conditional use permit to allow public parking for a fee when there are no events within the venue. This would allow the applicant to generate additional revenue by being able to provide parking during large scale events at the Anaheim Convention Center or other nearby venues. Staff is supportive of this use, subject to three conditions. First, the business owner must provide a security guard to monitor the site when used for public parking. Second, no other outdoor activities, such as food trucks or carts, merchandise sales, or entertainment would be permitted. Third, no overnight parking of vehicles shall be permitted. These requirements have been included as Condition Nos. 48, 49, and 50 in the attached draft resolution (Attachment No. 1) and staff believes that they would address any potential impacts to the surrounding area. Allowing public parking when the venue is not in use would also serve an important need in the resort and convention area. Requested Operational Changes: The table below includes the current language of the conditions to be amended or deleted on the left and the applicant’s proposed change on the right. Immediately below each condition is staff’s analysis and recommendation. Condition No. 1 – Six-Month Review Approved Proposed 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. Delete Condition Based on the information included in the six-month review analysis above, staff is supportive of removing the requirement for six-month compliance reviews. Any complaints regarding permit non-compliance would be verified and addressed by the Police Department or Code Enforcement Division. The business owner would also be cited and fined accordingly if found to be operating out of compliance. If, in the future, the business becomes a detriment to the health and safety to those in the surrounding area, the Planning Commission would have the ability to initiate a revocation at a noticed public hearing. CONDITIONAL USE PERMIT NO. 2010-05486F June 27, 2016 Page 5 of 9 Condition No. 2 – Hours of Operation Approved Proposed Hours of operation shall be limited to the following: Banquets and Restaurant: • 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. Hours of operation shall be limited to the following: Banquets and Restaurant: • Sunday – Thursday: 9:00 a.m. to 10:00 p.m. • Friday/Saturday: 9:00 a.m. to midnight 1 a.m. 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 one hour 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. The business owner shall be permitted to operate the banquet hall until 2 a.m. up to six times per year, including New Year’s Eve, with the business owner requesting such extension (with the exception of New Year’s Eve) no less than 12 days prior to each such request. Staff does not support the applicant’s request to extend the operating hours beyond midnight on weekends. 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. Staff is not supportive of extending the time to clear the property of guests for the same reasons. If the business owner finds that 30 minutes is not enough time for guests to leave the property, then an alternative would be to end events earlier than the time limits stated in the condition. In regard to extending the closing time until 2 a.m. up to six times a year, staff is supportive of a 2 a.m. closing time on New Year’s Eve only, since it is common for celebrations to occur after midnight on that date in particular. Any other future requests for select dates would not give City staff, including Police and Code Enforcement staff, and the adjacent neighbors, certainty as to when the venue is supposed to be closed. Other than New Year’s Eve, it would not be appropriate for this type of venue to close at 2 a.m. adjacent to residential neighborhoods. Staff recommends the following modification to Condition No. 2: Hours of operation shall be limited to the following: Banquets and Restaurant: • Sunday – Thursday: 9:00 a.m. to 10:00 p.m. • Friday/Saturday: 9:00 a.m. to midnight CONDITIONAL USE PERMIT NO. 2010-05486F June 27, 2016 Page 6 of 9 Theater: • Sunday – Thursday: 9:00 a.m. to 10:00 p.m. • Friday/Saturday: 9:00 a.m. to 11:30 p.m. New Year’s Eve: • 9:00 a.m. to 2:00 a.m. (the following day) 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. Condition No. 5 – Tables for Sound Absorption Approved Proposed The tables and table covers shall be maintained in the theater during events to serve as sound absorption. Delete Condition The applicant requests that this condition be deleted because the building was soundproofed last year. However, when staff conducted the sound tests after the soundproofing was installed, the tables and table covers were in place within the theater. The tables and table covers contribute to sound absorption within the theater; therefore, staff recommends that this condition remain. Condition No. 7 – Concurrent Events Approved Proposed Concurrent events are permitted subject to the following: • During an event in the theater, up to 175 restaurant patrons 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. Replace condition as follows: Concurrent events are permitted in any portion of the venue. The applicant requests that concurrent events be permitted in any portion of the venue. The approved condition was drafted in order to address the anticipated parking demand associated with the maximum capacity of each area. Since the venue has been in operation, there has consistently been a surplus of parking available during events. Staff is supportive of allowing the business to operate the theater and main dining room at the same time, subject to the following condition of approval: CONDITIONAL USE PERMIT NO. 2010-05486F June 27, 2016 Page 7 of 9 Concurrent events are permitted in the theater and main dining room subject to the following: • Guests entering and exiting the theater area shall be physically separated from guests attending an event in the main dining room. • If City staff determines that holding events in both the theater and main dining room results in a parking deficiency, staff will immediately contact the operator and concurrent events will no longer be permitted until and unless the operator makes alternate parking arrangements, such as executing a shared parking agreement with an adjacent property. Until such alternate parking arrangements are made, the following limitations to concurrent events shall apply: • During an event in the theater, up to 175 restaurant patrons 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. Condition No. 21 – Parking Control Approved Proposed 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 and Building Department. Replace condition as follows: During events in the theater or banquet areas, parking lot attendants shall be present and direct all patrons to park on the premises. The applicant’s letter of request indicates that they ultimately do not have control over where patrons park, but that they will direct patrons to park on the subject lot. Staff is satisfied with the proposed operational condition since any adjacent property owners would have the ability to place signs within their lots indicating that non-customers will have their vehicles towed. Avoiding parking impacts to adjacent properties is also addressed by Condition No. 18 which requires that guests have the option to self-park at no charge. Condition No. 31 – Early Hours for Religious Events Approved Proposed 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. Add the exception: Religious events may operate as early as 7:30 a.m. on Sunday mornings. The traffic study update that was prepared for this project did not distinguish between weekday and weekend peak periods. A new analysis was not prepared for this requested change, and while it could be assumed that there would not be traffic impacts on Sunday mornings, staff is not supportive due to noise concerns. In early 2015, M3Live rented the theater to a church tenant for several months. The Commission may recall, as part of the last six month review, staff visited residences to the south and east of the subject property. Residents along the east side of the property, in particular, mentioned the church and the noise associated with church members CONDITIONAL USE PERMIT NO. 2010-05486F June 27, 2016 Page 8 of 9 congregating outdoors before the service, singing in the parking lot, and general noise in the early morning hours. In addition, religious uses cannot be singled out as a separate and distinct use from any other assembly use and must be treated in the same manner. Therefore, staff is not supportive of allowing earlier operating hours on Sunday mornings. Condition No. 45 - Revocation Approved Proposed 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) Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit, subject to a public hearing. (Section 4.18.110(A) Anaheim Municipal Code) The condition refers to an Anaheim Municipal Code (A.M.C.) section that has since been repealed. It pertained to the procedures for revocation of entertainment permits. Currently, the Code does not require a separate entertainment permit when a conditional use permit is approved for a use. A.M.C. Section 18.60.200 addresses procedures for revocation or modification of permits, which includes the requirement for a public hearing. Staff recommends that the reference to the repealed Code section be deleted, and add the text “subject to a public hearing” as requested by the applicant. Correspondence: Staff received the attached letter and email from residents that live to the south of the subject property. Both pieces of correspondence indicate opposition to later hours of operation. Environmental Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination. The subject request, including use of the property as a public parking lot would not generate new vehicle trips to the area since the parking lot would serve uses that are already established, such as the Anaheim Convention Center. Additionally, the event center has the ability to host events daily, such that public parking on the site would be covered by the trips already assumed to be generated by the event center. Pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONDITIONAL USE PERMIT NO. 2010-05486F June 27, 2016 Page 9 of 9 CONCLUSION: Staff believes the applicant has made significant improvements in limiting noise and complying with the conditions of approval in a manner that is compatible with the surrounding community. As a result, staff recommends that the requirement for a six-month review be deleted. Staff supports the applicant’s requested changes, in part, including allowing public parking when the venue is not in use, operation until 2 a.m. on New Year’s Eve, concurrent use of the theater and main dining room for banquets, modifying a condition pertaining to patrons parking on-site, and modifying a condition to clarify that a public hearing is required to revoke the permit. Staff does not support the request for later hours for the banquets, more time to clear the property of guests, removal of the condition pertaining to tables and table covers for sound absorption, and earlier operating hours on Sundays for religious events. Prepared by, Submitted by, Elaine Thienprasiddhi Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Current Conditional Use Permit Resolution 3. Applicant’s Letter of Request 4. Code Enforcement Memorandum 5. Correspondence in Opposition to the Request 6. Photographs 7. Previously-Approved Site and Floor Plans M3Live SP 92-2DA1PARKINGLOT RM-2SMOKETREETOWNHOMES123 DU SP 92-2DA1RESTAURANT SP 92-2DA1COMFORT INNMAINGATE RS-2SFR SP 92-2 DA1RENT FOR LESS RM-2CONDOMINIUMS95 DU RM-3CONDOMINIUMS106 DU SP 92-2DA1AUTO REPAIRSERVICE RS-2SFR SP 92-2 DA1MEDICAL OFFICE RM-3CONDOMINIUMS64 DU RM-4HARBOR CLIFFAPARTMENTS130 UNITS SP 92-2 DA1QUALITY INNMAINGATE SP 92-2 DA1JACK IN THE BOXRESTAURANT SP 92-2DA1BANK RM-2CONDOMINIUMS95 DU SP 92-2DA1RETAIL RM-2CONDOMINIUMS95 DU SP 92-2 DA1HACIENDA INN& SUITES C-G4PLEX SP 92-2DA1RETAIL S H A R B O R B L V D W WILKEN WAY S W IL L O W B R O O K L N S M A D R I D S T S M A L L U L D R S S MIRA CT S CUTTY WAY W S U M M E R F I E L D C I R W. KATELLA AVE S . W E S T S TS. N I N T H S T W.ORANGEWOODAVE S . H A S T E R S T E. KATELLA AVE E. CHAPMAN AVE E. GENE AUTRY WAY 2232 South Harbor Boulevard DEV No. 2009-00083F Subject Property APN: 233-051-08 °0 50 100 Feet Aerial Photo:June 2015 C i t y o f G a r d e n G r o v e C i t y o f A n a h e i m S H A R B O R B L V D W WILKEN WAY S W IL L O W B R O O K L N S M A D R I D S T S M A L L U L D R S S MIRA CT S CUTTY WAY W S U M M E R F I E L D C I R W. KATELLA AVE S . W E S T S TS. N I N T H S T W.ORANGEWOODAVE S . H A S T E R S T E. KATELLA AVE E. CHAPMAN AVE E. GENE AUTRY WAY 2232 South Harbor Boulevard DEV No. 2009-00083F Subject Property APN: 233-051-08 °0 50 100 Feet Aerial Photo:June 2015 C i t y o f G a r d e n G r o v e C i t y o f A n a h e i m [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** 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 2015-097 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2009-00083F) (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 Original CUP (designated as “Conditional Use Permit No. 2010-05486D”), in part, to change the use from a dinner theater to a live performance theater, to extend the operating hours an additional one half hour for the banquet facility and restaurant, and to modify previously-approved floor plans, while denying that portion of the request to extend the hours of operation for the restaurant and the banquet facilities (herein referred to as the "May 2015 Amendment"); and WHEREAS, on December 14, 2015, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2015-097, approved an amendment to the Original CUP (designated as “Conditional Use Permit No. 2010-05486E”), in part, to allow concerts in the theater, to allow the restaurant to operate concurrently with events in the theater, and to amend a condition pertaining to lighting, while denying that portion of the request - 2 - PC2016-*** pertaining to extended hours of operation (herein referred to as the "December 2015 Amendment"); and WHEREAS, the Original CUP, the 2012 Amendment, the 2014 Amendment, the May 2015 Amendment and the December 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, the 2014 Amendment, the May 2015 Amendment, and the December 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 was the subject of the December 2015 Amendment (specifically, Condition No. 1) requires the CUP to be reviewed by the Planning Commission at a noticed public hearing six months from December 15, 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, in connection with the 6-month review required under the December 2015 Amendment, the Planning Commission did receive a verified petition to further amend the CUP (designated as "Conditional Use Permit No. 2010-05486F") to (1) allow public parking when the venue is not in use, (2) to modify Conditions Nos. 2, 7, 21, 31 and 45, and (3) to delete Conditions Nos. 1 and 5, as more particularly described in the staff report presented at this hearing (herein referred to as the "Proposed Project"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 27, 2016 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 and said proposed Conditional Use Permit No. 2010-05486F, 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 (Title 14 of the California Code of Regulations; 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 Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that - 3 - PC2016-*** existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; 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. An Entertainment Venue, Community and Religious Assembly, and Automotive- Public Parking are allowable primary uses and structures, subject to a conditional use permit, at the Property under Section 18.116.070 (Uses – Commercial Recreation (C-R) District (Development Area 1) of the Code. 2. With the exception of the requests to amend the CUP to permit later hours of operation for banquets, more time to clear the property of guests, the removal of the condition pertaining to tables and table covers for sound absorption, and earlier operating hours on Sundays for religious events, the request to change the operations of the existing live performance theater, as more particularly described in the staff report presented at this hearing and under the conditions imposed, 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. Except for those uses proposed by the applicant that are described in the staff report presented at this hearing are not recommended for approval by staff, the size and shape of the site is adequate to allow the full operation of the balance of the uses proposed under Conditional Use Permit No. 2010-05486F 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, with the exception of the proposed public parking, which would be monitored by security staff. 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, as more particularly described in the staff report presented at this hearing, 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 request for later hours for the banquets, more time to clear the property of guests, removal of the condition pertaining to tables and table covers for sound absorption, and earlier operating hours on Sundays for religious events, 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: - 4 - PC2016-*** 1. 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. 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. Opening hours on Sunday that are earlier than those approved would also impact the quiet enjoyment of the neighbors’ properties. 3. The sound tests conducted by staff after the soundproofing was installed, occurred when the tables and table covers were in place within the theater. The tables and table covers contribute to sound absorption within the theater and are necessary to reduce noise heard outside of the building. 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. 2010-05486F to (1) delete the condition of approval requiring a six-month review; (2) allowing public parking when the venue is not in use; (3) operation until 2 a.m. on New Year’s Eve; (4) concurrent use of the theater and main dining room for banquets; (5) modifying a condition pertaining to patrons parking on-site; and (6) modifying a condition to clarify that a public hearing is required to revoke the permit; provided, however, that the Planning Commission does hereby deny that portion of the request for (1) later hours for the banquets; (2) more time to clear the property of guests; (3) removal of the condition pertaining to tables and table covers for sound absorption; and (4) earlier operating hours on Sundays for religious events, all as more particularly described in the staff report presented at this hearing. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2010-05486F 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. 2010-05486F. - 5 - PC2016-*** BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under the CUP, as amended by Conditional Use Permit No. 2010-05486F, 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. 2010-05486F 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 27, 2016. 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. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-*** 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 June 27, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of June, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 7 - PC2016-*** - 8 - PC2016-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486 (CUP2010-05486F) (DEV2009-00083F) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Hours of operation shall be limited to the following: Banquets and Restaurant: • 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. New Year’s Eve: • 9:00 a.m. to 2:00 a.m. (the following day) 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. Planning and Building Department Police Department 2 Deejays, bands or any other form or live entertainment shall be limited to the following: • Sunday – Thursday: 9:00 a.m. to 10:00 p.m. • Friday/Saturday: 9:00 a.m. to midnight Police Department 3 The maximum sound level within the venue shall be maintained at 85 decibels or less. Planning and Building Department 4 The tables and table covers shall be maintained in the theater during events to serve as sound absorption. Planning and Building Department 5 Ticketed concert or musical events or any concert or musical event open to the general public shall not be held in any restaurant/banquet area. Planning and Building Department 6 Concurrent events are permitted in the theater and main dining room subject to the following: • Guests entering and exiting the theater area shall be physically separated from guests attending an event in the main dining room. Planning and Building Department - 9 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • If City staff determines that holding events in both the theater and main dining room results in a parking deficiency, staff will immediately contact the operator and concurrent events will no longer be permitted until and unless the operator makes alternate parking arrangements, such as executing a shared parking agreement with an adjacent property. Until such alternate parking arrangements are made, the following limitations to concurrent events shall apply: • During an event in the theater, up to 175 restaurant patrons 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. 7 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. Planning and Building Department 8 The number of persons admitted shall not exceed 990 guests for events held within the theatre portion of the venue. Planning and Building Department 9 If noise complaints are received, and are validated by City staff, the applicant must cease operation of the noise source until such time that additional measures are implemented to eliminate the noise. Planning and Building Department 10 Trash shall not be emptied into outside trash containers between the hours of 10:00 p.m. and 7:00 a.m. Planning and Building Department 11 A chain or other barrier/barricade shall be maintained at either end of 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. Planning and Building Department 12 The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim. Planning and Building Department 13 The Parking Management Plan is subject to continuous review by the Planning and Building Department and Public Works, Traffic and Transportation Division. The plan shall include measures to ensure that the parking of vehicles and valet activities do not affect traffic on Harbor Boulevard and do not cause a disturbance to the residential neighbors. Planning and Building Department, Public Works Department 14 The business owner shall require that any valet operator review the Parking Management Plan and conditions of approval pertaining to valet operations and sign an agreement that they will comply with the requirements. Planning and Building Department - 10 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 15 Valet attendants shall park vehicles in the numbered stalls reserved for valet. Valet attendants shall not rely upon chirping the key fobs to locate vehicles. Planning and Building Department 16 The valet stand shall be located at the west entry, as shown on the approved Parking Management Plan. Public Works Department, Traffic and Transportation Division 17 The ongoing ability for guests to self-park at no charge shall be clearly posted. Optional valet parking may also be provided. Planning and Building Department Public Works Department, Traffic and Transportation Division 18 The parking area immediately behind the building shall be reserved for employees. Guests are not permitted to park in this area. Planning and Building Department 19 No buses are allowed in the parking area on the east side of the property, or the drive aisle along the south side of the property, including, but not limited to, buses for tour companies or performers. Planning and Building Department 20 During events in the theater or banquet areas, parking lot attendants shall be present and direct all patrons to park on the premises. Planning and Building Department 21 The same security team for all events shall be provided by the 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. Police Department 22 The Security Plan is subject to continuous review by the 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. Police Department 23 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. Police Department - 11 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 24 The eastern portion of the property shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises between dusk and 5:30 a.m. Police Department 25 All south and east facing doors shall remain closed at all times, except in case of an emergency. Security guards shall monitor the south and east doors during events to ensure that they remain closed. Police Department 26 Security personnel shall be responsible for maintaining orderly conduct and prompt exiting from the property. Police Department 27 Management shall e-mail a monthly calendar of entertainment/events 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. Police Department 28 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning and Building Department 29 Any television or film activity shall be limited to filming, recording or broadcasting events that are authorized by this conditional use permit. Planning and Building Department 30 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. Public Works 31 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, 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. Police Department 32 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 33 The sale of alcoholic beverages for consumption off the premise shall be prohibited. Police Department 34 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department - 12 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 35 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 36 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 37 All employees and patrons shall be clothed in such a way as to not expose "specified anatomical areas" as explained in the Anaheim Municipal Code. Police Department 38 Petitioner(s) shall not require patrons to purchase a minimum number of drinks. Police Department 39 Entertainment is allowed only within the building. No entertainment, including band warm-up and rehearsal, is allowed in the parking lot. Police Department 40 The property shall not be operated as a “Dance Venue”, as defined in Section 18.92.070 of the Anaheim Municipal Code. Police Department 41 No minor under the age of sixteen (16) years shall be allowed to attend the dance or event, unless accompanied by a parent or guardian. Police Department 42 Managers, owners, bar tenders, and wait staff shall call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs) Training. The contact number is (714) 558-4101. Police Department 43 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. Police Department 44 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit, subject to a public hearing. Police Department 45 Signs shall be posted on the interior of the south and east facing exit doors stating “Do Not Open, Except in Emergencies.” Planning and Building Department 46 All guest parking spaces that may be used for valet service shall be marked with a number. The 34 parking spaces behind the building and closest to the south property line shall be marked “Employee.” Planning and Building Department 47 Signs shall be posted at all exits stating “No alcohol beyond this point.” Police Department - 13 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 48 When no events are held within the venue, the parking lot may be used for public parking, including charging a fee for parking. The business owner must provide a security guard to monitor the site when used for public parking. Planning and Building Department 49 When no events are held within the venue, the parking lot may be used for public parking, including charging a fee for parking. All other outdoor activities are prohibited, including, but not limited to, food trucks or carts, merchandise sales, or entertainment. Planning and Building Department 50 When no events are held within the venue, the parking lot may be used for public parking, including charging a fee for parking. No overnight parking of vehicles shall be allowed in conjunction with this use. Planning and Building Department GENERAL 51 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning and Building Department, and as conditioned herein. Planning and Building Department 52 The Applicant shall defend, indemnify, and hold harmless the City 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 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. Planning and Building Department 53 The applicant is responsible for paying all charges related to the 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. Planning and Building Department AT T A C H M E N T NO . 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 1 Elaine Thienprasiddhi From:Berzajs2 <berzajs2@att.net> Sent:Monday, June 20, 2016 6:58 PM To:Elaine Thienprasiddhi Subject:Re: June 27 meeting and M3Live Elaine, Hello again. What are the details regarding the 6 month review of M3Live? I attended and spoke two reviews ago and now am curious what the recent petition contains. I will go to your site on Thursday to view your recommendations. They have always been fair and reasonable. The memo mentions their parking lot. This may be reasonable. The planning advisors know best. I hope they are not asking for longer hours. I know that each time they ask for longer hours to become a bar or a very late noisy club. As I suggested last time, tell them to stop asking for additional hours and that each time they ask they will lose an hour… Thanks, Haralds Berzajs 2314 S Cutty Way Unit 110 Smoketree Anaheim 317.696.4420 View of west elevation, across Harbor Boulevard View of north elevation ATTACHMENT NO. 6 Ú Ú Ú . m 7 ÚÚ.m7ÚÚÚÚ . m 7 ÚÚ.m7 BF= 43,500 sq. ft.PROPOSED DINNE R T H E A T E R N O R T H V EE E P E EP E EP EP E NBPNBPCENTERLINE OF HARBOR BOULEVARDCITY OF ANAHEIMCITY OF GARDEN GROVE NBP N B P NBP N P D E NBP GENERAL CIRCULATIONAVAILABILITY LARGE AND SMALL BUSCIRCULATION PLAN TODROP-OFF/ BOARD CUSTOMERSLARGE & SMALL BUSES ENTER ATSOUTH DRIVE APPROACH ANDPROCEED TO DROP-OFF AREABETWEEN 7:00 AND 11:30 AMBUSES THEN LOAD CUSTOMERS &EXIT VIA R.H. TURN ONTO HARBORBLVD. TO ACQUIRE FREEWAY(S)FUNCTION:SYMBOL LEGEND:BIG BUS BACKINGSMALL BUS BACKINGALTERNATIVE ENTRY PLANDURING PERFORMANCEINDEX OF SHEETS:EV1 PASSENGERS DROP-OFF AND PICK-UP PLANEV2 FLOOR PLAN/ SEATING ARRANGEMENT # 2 4 + . # 5 0 1 6 ' & PASSENGER DR O P - O F F A N D P I C K - U P P L A N E V 1 / < . R E M O D E L F L O O R S P A C E ( M I N O R ) O F A N E X I S T I N G 4 3 , 5 0 0 S . F . D I N N E R T H E A T R E I N C L U D I N G : S I T E D A T A : P A R K I N G D A T A : S P A C E S R E Q U I R E D S P A C E S P R O V I D E D B U S P A R K I N G P R O V I D E D T O T A L P A R K I N G P R O V I D E D B U I L D I N G D A T A : O C C U P A N T L O A D F A C T O R : V I C I N I T Y M A P D E T A I L 3 D E T A I L 4 D E T A I L 5 I N D E S E N G I N C . M3 LIVE CONCERT AND EVENT CENTER A T T A C H M E N T N O . 7 EXIT E X I T E X I T E X I T E X I T E X I T E X I T EXIT EXIT EXIT EXIT E X I T EXITEXIT EXIT EXITEXIT # 2 4 + . # 5 0 1 6 ' & / < . FLOOR PLAN E V 2 I N D E S E N G I N C . M3 LIVE CONCERT AND EVENT CENTER 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.