Resolution-PC 2001-126• ~
RESOLUTION NO. PC2001-126
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2090
FOR ONE YEAR TO EXPIRE AUGUST 27, 2002
WHEREAS, on June 2, 1980, the Planning Commission adopted Resolution No. PC80-92
to approve Conditional Use Permit No. 2090 and permit a public dance hall at 1160 North Kraemer
Boulevard in the ML (Limited Industrial) zone; and
WHEREAS, on August 26, 1991, the Planning Commission adopted Resolution No. PC91-
134 to amend certain conditions of approval; and
WHEREAS, on July 24, 1995, the Planning Commission adopted Resolution No. PC95-87
to amend a condition of approval and permit the use until August 27, 1997; and
WHEREAS, on September 12, 1995, the City Council adopted an ordinance reclassifying
the area including subject property from the ML zone to Specific Plan No. 94-1 (the Northeast Area
Specific Plan), Development Area 3(La Palma Core Area); and that the Zoning and Development
Standards adopted for Development Area 3(Section 18.110.080 of the Anaheim Municipal Code) do not
include "public dance halls" as a permitted use; and
WHEREAS, on September 30, 1996, the Planning Commission adopted Resolution No.
PC9C-10't-to rrrac~i~y-~~iis ~rse perr-~+~ by addi~g nevu conditio~s, includiag a_time_lim_itaiioo_for the use; and
WHEREAS, the Planning Commission has adopted four resolutions (Nos. PC98-118, PC99-
141, PC2000-12 and PC2001-30) to reinstate this use permit for a public dance for additional periods of
time; and that Condition No. 1 of Resolution No. PC2001-30 specifies that the public dance hall use shall
expire on August 2, 2001; and
WHEREAS, this property is developed with a restaurant/public dance hall (The Shack) in
Development Area 3(La Palma Core) of the Northeast Area Specific Plan No. SP94-1; that the property
is 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 conditionai use permit and
modification or deletion of a condition of approval pertaining to permit public entertainment accessory to
an existing restaurant with sales of alcoholic beverages for on-premises consumption and an amendment
to a condition of approval pertaining to a time limitation.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 27, 2001, 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
' 8.Q3, to hear and cons~~er eyidence for and ag~inst said oroposed amendment 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:
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1. That the use, as proposed to be reinstated, is authorized by Sections 18.03 and 18.03.093
of the Anaheim Municipal Code.
2. That this use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipufations originally approved by the approval body, as required by
Subsection 18.03.093.040 of the Zoning Code.
3. That a recent inspection by Code Enforcement Division staff indicates that the property is in
compliance with all conditions of approval.
4. That, although there has been a recent increase in criminal incidents at this location, on
balance this use is being exercised in a manner which is not detrimental to the surrounding areas or land
uses, nor to the public peace, health, safety and general welfare; and that the accessory public
entertainment is primarily conducted in the evenings when most surrounding industrial businesses are
closed.
5. That the use, as proposed to be. reinstated, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
6. That the size and shape of the site for the use, as proposed to be 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.
7. That the traffic generated by the use, as proposed to be reinstated, will not impose an
unda~ burden apoR ~he-~free~s a~d Fifgk~ways designed and imp~ov~d to. car_ .ry #he traffic in _th_e ar~a. _
8. 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.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reinstate and approve Conditional Use Permit No.
2090, which contains a condition of approval pertaining to a time limitation (approved on March 12, 2001
to expire on August 2, 2001) to retain public entertainment accessory to an existing restaurant with sale of
alcoholic beverages for on-premises consumption; and does hereby find that the Negative Declaration
previously approved in connection with this conditional use permit is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the previously approved 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.
!~01l~1, THFREFORE, BE ~T RESOLU~Q #hat the Anaheim City Planning Commission does
hereby reinstate and approve Conditional Use Permit No. 2090 to retain public entertainment accessory
to an existing restaurant with sale of alcoholic beverages for on-premises consumption for one year (to
expire on August 27, 2002); and
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend, in their entirety, the conditions of approval of Resolution No. PC2001-30, as adopted in
connection with Conditional Use Permit No. 2090 and as amended, to read as follows:
That the accessory public entertainment shall expire on August 27, 2002.
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2. 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.
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 displayed inside the premises.
4. That the property owner shall provide any new business operator/owner with the conditions of
approval contained in this resolution.
That the sale of any type of alcoholic beverages for consumption off the premises shall be
prohibited.
6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of proper permits required by the Anaheim Municipal Code.
7. That the 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.
8. 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.
9. 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 the 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.
10. That the parking lot serving the premises shall be equipped with lighting of sufficient 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.
11. That there shall be no pool tables, amusement devices or games maintained within subject
establishment without issuance of the proper permits required by the Anaheim Municipal Code.
12. That the business operator shall comply with Section 24200.5 of the 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.
13. That ther~ sha!! bs no p!ablic telephones on #he premises located outside the building
14. That this establishment shall be operated as a"bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
15. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control ("A.B.C.") and approved by the City of Anaheim.
16. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
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17. That subject alcoholic beverage license shall not be exchanged for a"public premises" (bar) type
license nor shall the establishment be operated as a"pubiic premises" as defined in Section 23039
of the California Business and Professions Code.
18. That the sale of any type of alcoholic beverages shall not exceed forty percent (40%) of the gross
sales of ali retaii 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,
inspection by any City of Anaheim official during reasonable business hours.
19. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages.
20. That the operator of subject facility shall pay for the cost of any Code Enforcement inspections
which may be required to address Code violations or violations of these conditions of approval.
21. That there shail be no direct pedestrian access to the outdoor patio area from outside the building.
All access to this area shall be solely through the restaurant. Further, that a sign shall be posted at
the entrance to the patio stating that this area shall be used for seating and smoking purposes only
and that no dining, drinking or dancing shall be permitted in the patio.
22. 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 graffiti within twenty
four (24) hours from time of occurrence.
23. That the proposal shall comply with all signing requirements of Development Area 3(La Palma
Core) of the Northeast Area Specific Plan No. SP94-1, unless a variance allowing sign waivers is
approved by the Planning Commission or City Council.
24. That a valid business license, issued by the Business License Division of the City of Anaheim
Finance Department, shall be maintained for this business.
25. 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.
26. That three (3) foot high street address numbers shall be maintained and displayed on the roof of
the building in a contrasting color to the roof material. The numbers shall not be visible to the street
or adjacent properties.
27. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
28. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
29. That all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
30. 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 area(s) 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.
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31. 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 file with the Planning
Department marked Exhibit No. 1, and as conditioned herein.
32. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 27, 2001. ~
ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
- CITI~ OF ANAk-1ElIU~ } - -
I, Eleanor Fernandes, 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 August 27, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this 2~~ day of
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
Tracking No. CUP2001-04413
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