Resolution-PC 2018-033RESOLUTION NO. PC2018-033
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2010-05486 TO EXTEND THE HOURS OF
OPERATION AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2009-00083H)
(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, but
denying a 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, but denying that portion of the request pertaining to extended
hours of operation (herein referred to as the "December 2015 Amendment"); and
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WHEREAS, on June 27, 2016, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC 2016-056, approved an amendment to the Original CUP
(designated as "Conditional Use Permit No. 2010-05486F"), in part, to remove the requirement
for a six-month review, allow 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, while denying that portion of the request pertaining to
later hours for the banquets, 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 (herein referred to as the "June 2016 Amendment"); and
WHEREAS, on November 18, 2016, and subject to certain conditions of approval, the
Planning Commission, by its Resolution No. PC 2016-095, approved an amendment to the
Original CUP (designated as "Conditional Use Permit No. 2010-05486G"), in part, to allow an
additional 15 minutes to clear the propert of guests after closing time for a total of 45 mintues and
allowing removal the tales in the theater, but denying that portion of the request pertaining to later
hours of operation (herein referred to as the "November 2016 Amendment"); 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, the Planning Commission did receive a verified petition to further amend the
CUP (designated as "Conditional Use Permit No. 2010-05486H") to extend the hours of operation
for the banquet facility to midnight on weeknights and 2 a.m. on weekends and allowing theater
events to operate until midnight, daily (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 11, 2018 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 Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
2010-05486H and to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, the Planning Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing with respect to the request for Conditional Use Permit No. 2010-05486H, does find and
determine the following:
1. Noise associated with the events, including car alarms, music being played from
cars, and patrons talking and loitering in parking areas have been documented and are inevitable.
The hours of operation should not be extended 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. Extended hours of operation (1) for the
banquet/restaurant to midnight weekend days and to 2:00 a.m. on Friday and Saturday night; and
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(2) for the theater to midnight daily, will adversely impact the quiet enjoyment of the adjacent
residential properties.
3. The current operating hours for the business are consistent with the hours of
operations for similar businesses in the City that are in close proximity to residences. In fact, some
businesses are required to end operations at 10 p.m., daily.
4. Prior to the current operator, the business was operated as a nightclub, staying open
until early morning hours. During that time, there was a substantial number of calls for service to
the business, which pertained to noise from inside the building and within the parking lot.
5. The Police Department opposes the request since operating hours past midnight, in
combination with alcohol and entertainment, leads to operations that are very similar to a
nightclub, a use not authorized by the conditional use permit. There is prior evidence that
demonstrates that operation of a nightclub would have a direct negative impact on the adjacent
residential neighborhoods.
6. The current operator, based on the information provided by the Code Enforcement
Division of the Planning and Building Department and the Fire Department, has demonstrated an
inability to adhere to the conditions of the existing permit, the Anaheim Municipal Code and the
Anaheim Fire Code. This track record supports staff's recommendation that the permitted hours
of operation should be not extended and the request should be denied.
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 does hereby
deny Conditional Use Permit No. 2010-05486H, subject to the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 11, 2018. 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.
CHAIRPERSON, 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 June 11, 2018, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: DALATI
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of June, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2009-00083H
APN: 233-051-08
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0 Source: Reoorded Trad Maps and+w City GIS.
Please note the accuracy 6 +i- two to five feet.
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