Resolution-PC 2000-12~ •
RESOLUTION NO. PC2000-12
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0. 2090
FOR ONE YEAR UNTIL FEBRUARY 2, 2001, AND
AMENDING CERTAIN CONDITIO~NS OF APPROVAL OF RESOLUTION NO. PC80-92,
AS AMENDED, ADOPTED THEREWITH
WHEREAS, on June 2, 19$0, the Anaheim City Planning Commission adopted
Resolution No. PC80-92 to approve Conditional Use Permit No. 2090 and permit a public dancing facility
in conjunction with a restaurant at 1160 No~th Kraemer Boulevard for a period of one year; that said
resolution has been amended a number of times and several time extensions have been approved; and
that Condition No. 4, as most recently amertded on August 2, 1999 by Resolution No. PC99-141, reads:
10. That the public dance hall use shall expire on February 2, 2000. Any request for
an extension of time must be received and approved prior to February 2, 2000, in
order to retain any legal non-conforming status of this public dance hall or its
location.
WHEREAS, this property is developed with a restaurant/public dance hall having sales of
alcoholic beverages for on-premises consumption (The Shack); that the property is located in
Development Area 3(La Palma Core) of the Northeast Area Specific Plan (SP 94-1); that the property is
also located in the Project Alpha Northeast Redevelopment Area; and that the General Plan designates
this property for General Industrial land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional permit, which
will expire on February 2, 2000, to retain the existing public dance hall with the sale of alcoholic
beverages for on-premises consumption and live entertainment in conjunction with a restaurant under
authority of Code Section 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 31, 2000 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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,
does find and determine the following facts:
1. That the use proposed to be reinstated is properly one for which a conditional use permit is
authorized by the Zoning Code.
2. That the use, as reinstated, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the use, as reinstated, is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
4. That the traffic generated by the use, as reinstated, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
5. That reinstating this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and~ general welfare of the citizens of the City of Anaheim.
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6. That the facts necessary to sa~pport each and every required showing for the issuance of
this entitlement, as set forth in the Zoning Code, exist.
7. That this conditional use permit is being in exercised substantially the same manner and in
conformance with all conditions and stipulations previously approved by the approval body, as
documented by the Code Enforcement Division of the Planning Department and the Police Department.
8. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare;
and that this business serves the area by pcoviding a restaurant facility which is compatible with the
primarily industrial area and that the public dance hall/entertainment use is primarily conducted in the
evenings when most of the surrounding industrial businesses are closed.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
that one person spoke with concerns; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the projposal to reinstate this conditional use permit to retain an
existing public dance hall with the sales of alcoholic beverages for on-premises consumption and live
entertainment in conjunction with a restaurant on a rectangularly-shaped 0.9-acre property having a
frontage of 175 feet on the east side of Kraemer Boulevard, a maximum depth of 216 feet, and being
located 242 feet south of centerline of Coronado Street, and further described as 1160 North Kraemer
Boulevard (The Shack); and does hereby find that the Negative Declaration previously approved in
connection with Conditional Use Permit No. 2090 is adequate to senre as the required documentation in
connection with the request upon finding that the declaration reflects the independent judgment of the
lead agency and that it has considered the Negative Declaration together with any comments received
during the public review process and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC80-92, as amended by Resolution Nos. PC91-134, PC95-87,
PC96-101, PC98-118 and PC99-141, adopted in connection with Conditional Use Permit No. 2090, to
reinstate this conditional use permit for a period of one year (to expire on February 2, 1001).
AND BE IT FURTHER RE~OLVED that the Planning Commission does hereby amend
the conditions of approval of Resolution Nos. 99-141, as amended, in their entirety to read as follows:
1. That the public dance hall use shall expire on February 2, 2001. Any request for an extension of time
must be received and approved prior to February 2, 2001, or the public dance hall use shall no longer
exist at this location.
2. That if the public dance hall use expires, the public dance hall will no longer be permitted because
said use is not permitted in Development Area 3(La Palma Core) of Specific Plan 94-1 (Northeast
Area Specific Plan), in which zone the subject property is located.
3. That the outdoor patio area may be used by patrons for seating and smoking purposes only. That no
other outdoor activities, including but not limited to dining, drinking, entertainment, dancing, etc., shall
be permitted on this property.
4. That the number of persons attending any event at this property shall not exceed the maximum
occupancy load as determined by the Anaheim Fire Department. Signs indicating the maximum
occupancy shall be prominently display~ed within the premises.
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5. That the property owner shall provide any new business operator/owner with the conditions of
approval contained in this resolution.
6. That the sale of any type of alcoholic beverages for consumption off the premises shall be prohibited.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of the proper permits, as required by the Anaheim Municipal Code.
8. That activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties and shall conform to the City of Anaheim Noise Ordinance.
9. That all doors serving subject establishment shall comply with the requirements of the Uniform Fire
Code and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, deliveries and in cases ~of emergency.
10. That at all times when entertainment or dancing is permitted, uniformed security guards shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of
employees or patrons, and to promote tihe safe and orderly assembly and movement of persons and
vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons
entering or leaving the premises.
11. That the parking lot serving the premises shall be equipped with lighting of su~cient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby businesses.
12. That there shall be no pool tables, amusement devices or games maintained within subject
establishment without issuance of the proper permits, as required by the Anaheim Municipal Code.
13. That the business operator shall comply with Section 24200.5 of the California Business and
Professions Code so as not to 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.
14. That there shall be no public telephones located on the premises outside the building.
15. That the establishment shall be operated as a"bona fide public eating place," as defined by Section
23038 of the California Business and Professions Code.
16. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the ~City of Anaheim.
17. That food service with a full meal shall ~e available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on ~each day of operation.
18. That this business's alcoholic beverage license shall not~be exchanged for a public premises (bar)
type license nor shall the establishmen# be operated as a"public premise" as defined in Section
23039 of the California Business and Professions Code.
19. That the sale of any type of alcoholic beverages shall not exceed forty percent (40%) of the gross
sales of all retail sales during any three (3) month period. The applicant shall maintain records on a
quarterly basis indicating the separate amounts of sales of any type of alcoholic beverages and other
items. These records shall be made available subject to audit and, when requested, for inspection by
any City of Anaheim official during reasonable business hours.
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20. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from inside, promoting or indicating the availability of alcohol beverages.
21. That the property owner shall pay the cost of Code Enforcement inspections once each month for the
first six (6) months from the date of this resolution, and as often as necessary thereafter as deemed
necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State
and local statutes, ordinances, laws and regulations.
22. That there shall be no direct pedestrian access to the outdoor patio area from outside the building.
All access to this patio shall be solely through the restaurant. Furthermore, that a sign shall be
posted at the entrance to the patio stating that the patio shall be used for seating and smoking
purposes only and that no dining, drinki~g or dancing shall be permitted in the patio.
23. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of gra~ti within twenty four
(24) hours after time of occurrence.
24. That this proposal shall comply with all signing requirements for Development Area 3 of the Northeast
Area Specific Plan (SP 94-1), unless a variance allowing sign waivers is approved by the Planning
Commission or City Council.
25. That a valid business license shall be rmaintained for this business, obtained from the City of Anaheim
Finance Department, Business License Division.
26. That this resolution shall be permanently posted in an obvious location within the employee work area
to serve as a reminder of the conditions of approval contained herein.
27. That three (3) foot high street address riumbers shall be displayed on the roof of the building in a
color which contrasts with the roof material. The numbers shall not be visible to the street or adjacent
properties.
28. That the on-site landscaping and irrigation system shall be maintained in compliance with City
requirements.
29. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
30. That all existing mature landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
31. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information
shall be specifically shown on the plans submitted for Planning Department and Streets and
Sanitation Division approval.
32. That 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 ~le with the Planning
Department marked Exhibit No. 1, and as conditioned herein.
33. That within a period of two (2) months from the date of this resolution, Condition Nos. 4, 9, 11, 22, 26,
27, 31 and 32, above-mentioned, shall be completed.
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34. That approval of this application constitUtes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning 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.
BE IT FURTHER RESOLVED that the Anaheim City 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 competentjurisdiction, then this
Resolution, and any approvals herein conta'ined, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 31, 2000.
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~HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
C1 ~~'
SEC ETAR , NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 31, 2000, by ~he following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I h~ve hereunto set my hand this _!~~ day of
, 2000.
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SECRE Y, NAHEIM CITY PLANNING COMMISSION
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