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RES-2018-120RESOLUTION NO. 2018-120 A RESOLUTION OF THE CITY COUNCIL 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 2 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 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 property of guests after closing time for a total of 45 minutes 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, based on existing entitlements, the Property is used for a 990 -seat live performance theater and approximately 12, 000 -square feet of restaurant and banquet space. The CUP -approved hours of operation are as follows: Banquets and Restaurant: • Weeknights (Sunday — Thursday): 9:00 a.m. to 10:00 p.m. • Weekends (Friday/Saturday): 9:00 a.m. to midnight Theater: • Weeknights: 9:00 a.m. to 10:00 p.m. • Weekends: 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) 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 7 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, did adopt its Resolution No. PC2018-033 denying Conditional Use Pen -nit No. 2010-05486H; and WHEREAS, within the time prescribed by law, the applicant did appeal said Planning Commission decision to the City Council; and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law for July 31, 2018 and WHEREAS, at the time and place fixed for a public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the recommendations and action of the Planning Commission; and WHEREAS, at said public hearing, this City Council, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of the recommendations of the Planning Commission and all evidence and reports offered at said hearing with respect to Conditional Use Pen -nit No. 2010-05486H, does find and determine that not all of the conditions and criteria set forth in Section 18.66.060 (Findings) of Chapter 18.66 (Conditional Use Pen -nits) - all of which are required for approval of proposed Conditional Use Permit No. 2010-05486H - are present based on the following: 1. Noise associated with the events, including car alarns, 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 (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 City Council 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 City Council 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 by the City Council of the City of Anaheim that Conditional Use Permit No. 2010-05486H be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. HI HI I THE FOREGOING RESOLUTION was adopted at the regular meeting of the City Council of the City of Anaheim this 1 4th day of August , 2018 by the following roll call vote: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: I/ I MAYOR OF THE CITY OF ANAHEIM ATTEST: ITY CLERK'OF THE CITY OF ANAHEIM 128676/LHM 10 EXHIBIT "A" DEV NO. 2009-00083H APN: 233-051-08 0 __ja W W ILKEN WAY �L r c� 1 557' 1 Li JL1 w � � Q 55T � 1 1 • d m 1 � � • N 5-to`�ic?r�i 1 1 v` Source: Racardad Tract Maps andiar City GIB. Please nate the accuracy 6 +.- two to five feet. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2018-120 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14th day of August 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Vanderbilt, Murray, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of August, 2018. CITY CLERK OF I HE CITY OF ANAHEIM (SEAL)