Resolution-PC 98-185RESOLUTION NO. PC98-185
A RESOLUTION OF TtiE ANAHEINi CiTY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAI_ USE PERMIT NO. 4061 BE GRANTED
WHEREAS, ihe Anaheim City Planning Commission did receive a verifled Peti!ion for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, S;ate
of California, described as:
THAT THE PURTION OF LOT 4 OF HELEN AND LYNCH'S ADDITION OF
ANAHEIM, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE 01=
CALIFORNIA, AS PER MAP RECORDED IN A BOOK ~42, PAGE 158, OF
DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CLAIFORNIA, ~YING EASTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LING OF SECTION i6, TOWNSHIP
4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA AS PER MAP RECORDED IN BOOK 51, PAGE 10, OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
EAST 330.08 FEET FROM THE NORTHWEST CORNER OF SAID SECTION;
THENCE SOUTHERLY 663.55 FEET TO A POINT OF THE SOUTH LINE OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION, EAST 330.5 FEET FROM THE
WEST LINE dF SAID SECTION.
EXCEPT THE SOUTH 35~.97 FEET THEREOF.
ALSO EXCEPTTHE WEST 110.00 FEE7THEREOF.
ALSO EXCEPT THAT PORTION THEREQF IMCLUDED WITHIN THE
FOLLOWING DESCRIBED L1NES: BEGINNING AT A POINT ON THE NdRTH
LINE OF SAID SECTION 16, NORTH 89° 08' 42" EAST 330.08 FEET FROM
THE NORTHWEST CORNER OF SAID SECTION; THENCE NORTH 89° 08'42"
EAS7 330.07 FEET ALONG SAID fVORTH LINE;'fHENCE SOUTH 0' 25' S0"
EAST 48.03 FEET; THENCE SOUTH 87° 35' 00" WEST 339.25 FEET; THENCE
NORTH 0° 26' 15" WEST 57.03 FEET TO THE POINT BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of AnaSeim on November 23, 1998 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 that the hearing was
continued from the meetina of October 12, 1998; and
WHEREAS, said Commission, after due inspection, investigationand study made by itself
and in iis behalf, and after due consideration a~ all evidence and reports offered at said hearing, does find
and determine the follovring facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.0 ~.040, 18.44.050.135 and 18.44.050.285 ta establish conformity
with current Zoning Code land use requirements for an existing commercial shopping center and to permit
a 3,400 sq.ft. public dance hall with weiver of the following:
CR3485PK.DOv -1- PC98-18@
Sections 18.06.050.022 - Minimum number of oarkinq saaces. -
18.06.050.0235 121 required;
18.06.080 101 existing and con~urred with by the City Traffic and
and 18.44.066.050 Transportation Manager)
2. That a parking study was prepared by Katz, Okitsu and Associates, dated July, 1998, and
reviewed and approved by !!~e ~:~ity Traffic and Transportation Manager finding that !his public dance hall
will not adversely affect the existing parking supply; and that the parking study identifies the certain
findings, including the following, to substantiate approval of the waiver:
(a) From a shared parking st2ndpoint, the parking requirements of this complex appear to be met with
the existing parking supply;
(t) No increase in demand or competition for parking spaces upon public streets is forecast because
the municipal code requirement for the complex is met by the available off-street parking; and, in
addition, parking is not allowed on Lincoln Avenue in the project vicinity.
(c) The lay~ut of the existing parking lot is properly designed and is capable of handling on-site
circulation at peak usage periods without significant congestion.
(e) The waiver will not affect access beri:een adjacen! properties and public streets because on street
parking is not allowed on Lincoin Avenue in the project vicinity, so there will be no direct effect on
visibility or access will result.
3. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
all vehicles attributabie to such use under the normal and reasonably foreseeable conditions of operation
of such use.
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediete vicinity of the proposed use.
5. That the waiver, under the conditions imposed, if will not increase the demand and
competition for parking spacss upon adjacent private property in the immediate vicinity of the proposed
use (which properiy is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Zoning Code).
6. That the waiver, under the conditions imposed, will not increase traffic congestion ~vithin
the off-street parking areas or lots provided for such use.
7. 7hat the waiver, under the conditions impesed, will not impede vehicular ingress to or
.,grzss from adjacent properties upon the public streets in the immediate viciniry of the proposed use.
8. That the proposed public dance hail will not adversely affect the adjoining land uses and
growth and development of the area in which it is proposed to be located because of the manner in which
the facility is proposed t~ operate.
9. That the size and shape of the site for the proposed public dance hall (n an existing
commercial shopping center is adequate to accommodate the proposal and to allow full development of
the praposal in a manner not detrimental to the particular area nor to the peace, health, safefy and general
welfare.
10. That the property provides adequate ingress and egress from Lincoln Avenue, adequate
on-site circulation, and adequate parking for patrons of the prop; sal; and, therefore, the proposed public
dance hall will have ~ n~gligible imp::ct on the traffic in the arEa.
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11. That granting of this conditional use permit will not change the operation of the existing
business (in operation since 1997) except to permit charging an admittance fee; and th~t the current
facility operates without detriment to the peace, health, safety and general welfare of the citizens of the
City of Anaheim.
12. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Comm;ssion has reviewed the proposal to establish conformity with current Zoning Code land
use requirements for an existing commercial shopping center and to permit a 3,400 sa.ft. public dance hall
with waiver cf minimum number of parking spaces on a 1.3-acre rectangwarly-shaped property having a
frontage of 220 feet on the south side of Lincoln Avenue, a maximum depi:~ of 260 feet and being located
440 feef east of the centerline of Euclid Street, and further described as 1652 West Lincoln Avenue (Chain
Reaction); and does hereby approve the Negative Deciaration upon finding that the declaration reflects
the i~dependent judgement of the lead agency and that it has considered the Negative Declaration
together with any comments received during the pubiic review process and further finding on the basis of
the initial study and any comments received that there is no substantiai evidence that the project wilLhave
a significant effec[ on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ci:y Pianning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general w~ifare of the Citizens of the City of Anaheim:
1. That this conditional use permit is granted subjact to adoption of a zoning ordinance in connection
with Reclassification No. 98-99-06, now pending.
2. That a landscape and irrigation plan for subject property shall be submitted to the Zoning Division
for review and approval. Said plan shall include a minimum eight (8) foot wide landscaped and
irrigated planter strip (with a minimum of ten (10), twenty four inch (24") box trees) to be installed
adjacent to Lincoln Avenue where there are no driveway openings. Any decision made by the
"Loning Division regarding said plan may be appe~led to the Planning Commission.
3. That the existir,g freestandiny sign shali be refurbished (inciudii'~g repainting) to create a uniform
appearance with this commercial center and lhe existing individual tenant signs. The appropriate
permit;s) shall be obtained for the un-permitted portion of the freestanding sign, or the un-permitted
portion(s) of the sign shall be removed.
4. That trash storage areas shail be provided and maintained in a location accaptable to the Public
Works Department, Streets and Sanitation Division, and in accordance vrith 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. That the chain link fence surrounding the
area shall be interwoven with PVC slats. Said information shall be specificaily shown on the plans
submitted for Streets and Sanitation Divisiori approval.
5. That this public dance hall :,hail comply with the requirements of Chapter 6.70 'Sound Pressure
Levels' of the Anaheim Municipal Code.
6. That the existing temporary wooden partition at the south end of the patio area shall be removed
and replaced with a permanent wooden fence.
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7. That at ali time~ ~nrhen dancing is permitted, adequate security measures shall be provided to deter
unlawfut conduct on the part of employees or patrons, and to promote the safe and orderly -
assembly and movement of pe~rson~ and vehicles, and to prevent disturbance af the neighborhood
by excessive noise created by patrons entering or leaving th~ premises. The business operator
shail provide a minimum of four (4) security guards at all times or any other number of security
guards as determined ie be appropriate by the Anaheim Police Department.
8. 7hat any and all security offi.cess shall compiy with all State and Local ordinances regulating their
services, including, without limitation, Cha;~ter 11.5 of Division 3 of the California Business and
Profession Code.
9. That the operation of any business under this conditional use permit, shall not be in violation of any
provision of the Anaheim Municipal Code, or any State or County Ordinance.
10. That dancing shall commence no earlier than 6:00 p.m. nor continue beyond 2:00 a.m. of the same
evening.
11. That the numbers of persons attending the event shall not exceed the maximum occupancy load
as determined by the Anaheim Fire Oepartment. Signs specifying the maximum occupant laad
shall be posted in a conspicuous place on an approved sign near the main exit from the room.
12. That the doors shall remain closed at all times that entertainment is permitted, except during times
of entry or exit, emergencies and deliveries.
13. That the business shall not be operated in such a way as to be detrimental to the pubiic health,
safery or welfare.
14. That all entertainers and employees shall be clothed in such a way so as to not expose "specified
anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code.
15. That the floor space provided for dancing shall be free ~f any furniture or partitions and maintained
in a smooth and safe condition.
16. That any violation of the application, or any attached conditions, shall be su~cient grounds to
revoke this conditional use permit.
17. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission. Any additional signs shall t~a subJect to
review and approval by the Planning Commission as a"Reports and Recommendations" item.
18. That there shall be no outdoor storage of vehicles in any required parking area and that ali existing
outdoor storage of vehicles shall be removed.
19. That no roof-mounted aquipment shall be permitted unless screened in accordance wi!h Code
requirements.
20. That subject use permit shall expire one (1) year from the date of this resolution, on November 23,
1999.
21. 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.
22. That prior to the commencement of the activiry authorized by this resolution, Condition Nos.1, 2, 4,
6, 19, 18, 19 and 21, above-mentioned, shail be complied with.
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23. That approval of this ap,r,iication co~stitutes approval of the proposed request only to the extent
that it complies with t!ie Anaheim Municipal Zoning Coc;2 and any other applicable City, State and
Federal regulations. Approval does not inciude any action or findings as to compliance or approval
of the request rep;rding any other applicable ordinance, regulation or requirement.
24. That within a period of two (2) months from the date of this resolution, Condition ~ above-
mention~d, shall be completed.
25. That this public dance hall shall be operated in accordance with the follo~ving rules, as stipulated to
by the petitioner:
(a) No one under the influence of alcohol or drugs shall be admitted.
(b) Absolutely no alcohoi shall be served or permitted on the premises.
(c) No "in and ouP' privileges shall be allowed.
(d) No smoking shali be permitted on the prernises.
(e) No backpacks shall be permitted.
B~ :T FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine tha` adoption ot this Resolution is expressly predicated upon applicanYs compliance
with each and all uf the conditions hereinabove set forth. Should any such condition, or any part thereof,
Le declared invalid or unenforceable by the final judgment of any court competent jurisdiction, then this
Resolution, and any approvals herein conlained, sh II b eeme ull void.
THE FOREGOING RESOLU71 adop d at th lanning Commission meeting of
November 23, 1998. ' / ~ ~ i ~
ATTEST:
~ s~~l~--
SECRETARY, ANAHEIM CITY PLANNlNG COMMISSION
STATE rJF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 Pianning
Commission held on November 23, 1998, by the following vote of the triembers thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES,
WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this '. ~. day of
~.,~. , 1998.
~ SA:as.,9..~ ~~<o-~.._~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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