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Resolution-PC 2012-033RESOLUTION NO. PC2012 -033 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING, IN PART, AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010- 05486 AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC 2010 -057 AND DETERMINING THAT A PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION FOR THIS REQUEST (DEV2009- 00083) (2232 SOUTH HARBOR BOULEVARD) WHEREAS, on July 19, 2010, the Anaheim City Planning Commission (hereinafter referred to as ( "Planning Commission "), by its Resolution No. PC2010 -057, did approve Conditional Use Permit 2010 -05486 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 including enhanced landscaping and wall murals pursuant to Section 18.60.180 of the Anaheim Municipal Code located at 2232 South Harbor Boulevard, City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, this property is currently developed with a 43,500 square foot building, located in the SP92 -2 Anaheim Resort Specific Plan Zone and the Anaheim General Plan designates this property for Commercial Recreation land uses; and WHEREAS, on April 23, 2012, the Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 2010 -05486 (designated as "Conditional Use Permit No. 2010- 05503B ") to allow additional entertainment and community assembly uses in conjunction with a previously approved dinner theatre, with or without the sale of alcoholic beverages for on premises consumption, including: concerts; public dances; private parties, meetings and banquets; religious assembly; and, sporting and convention events; and WHEREAS, the Planning Commission did hold public hearings at the Civic Center in the City of Anaheim on April 23 and May 7, 2012 at 5:00 p.m., notice of said public hearings having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to conditional use permit 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 pertaining to the request for an amendment to Conditional Use Permit No. 2010 - 05486, does find and determine the following facts: 1. The request to amend this conditional use permit to allow additional entertainment and community assembly uses in conjunction with a previously- approved dinner theatre, with or without the sale of alcoholic beverages for on premises consumption, including: - 1 - PC2012 -033 concerts; public dances; private parties, meetings and banquets; religious assembly; and, sporting and convention events is properly one for which a conditional use permit is authorized under Municipal Code Section 18.116.070 of the Zoning Code. 2. With exception of the requested public dance, launch parties and concert uses, the request to amend this conditional use permit to allow additional entertainment and community assembly uses, with or without the sale of alcoholic beverages for on premises consumption, would not adversely affect the surrounding land uses and the growth and development of the area because the property is currently developed with an approximately 43,500 square -foot, 950 -seat live performance theatre and the proposed uses are compatible with the surrounding area. 3. The size and shape of the site is adequate to allow the full operation of the proposed uses, with exception of the public dances and concert uses, in a manner not detrimental to the particular area or to the health, safety and general welfare of the public. 4. The traffic generated by allowing additional uses at the site would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with traffic impacts associated with the originally- permitted dinner theatre. 5. The granting, in part, of the amended conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine, with respect to the requested public dance (dance venue), launch party and concert uses, that all of the conditions and criteria for approving an amendment to this conditional use permit are not present for the following reasons: 1. The business owner has allowed public dances to operate at this location in violation of the Anaheim Municipal Code for approximately seven months. During that time, the City has received numerous complaints from adjacent residents regarding noise emanating from the building and disturbing the adjacent residential neighborhood. Complaints have also been received regarding excessive noise caused by patrons leaving the venue, such as noise from car stereos, alarms and horns. These conditions have been witnessed by City staff visiting the venue while public dances are being held. 2. There have been 26 calls for police service to this location within the past seven months and most of these calls have been attributed to noise and disturbance complaints resulting from the public dance operation and a concert which took place on September 11, 2011. In addition, Police and Planning Department staff members have personally witnessed disorderly conduct committed by patrons leaving the premises including a person urinating in public, an overly- intoxicated patron, and littering on adjacent properties. 3. On April 12, 2012, Police Department staff members visited an advertised public dance event and witnessed entertainment being provided by "go -go" dancers that is prohibited by Chapter 18.54 (Sex - Oriented Businesses) of the Anaheim Municipal Code. 2 - PC2012 -033 4. Based upon the observations noted above, the Planning Commission hereby determines that public dances (dance venue), launch parties and concerts cannot be hosted at this location without detriment to the health and safety of the citizens of the City of Anaheim and such uses are not compatible with the surrounding area. WHEREAS, the proposed project will not create any additional environmental impacts beyond those analyzed and addressed by the previously approved Mitigated Negative Declaration and associated Mitigation Monitoring Program No. 158, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2010 -05486 (CUP2010- 05486B), in part, to permit additional entertainment and community assembly uses in conjunction with a previously approved dinner theatre, with or without the sale of alcoholic beverages for on premises consumption, including: private parties, meetings and banquets; religious services; and, sporting and convention events; and does hereby deny the request to allow public dances (dance venue), launch parties and music concerts. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2010 -057, approving Conditional Use Permit No. 2010 - 05486, as previously amended, to read as stated in Exhibit `B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC2010 -057, approving Conditional Use Permit No. 2010- 05486, shall remain if full force and effect. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. - 3 PC2012 -033 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 7, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Murpi ipal Code pertaining to appeal procedures and may be replaced by a City Council Res•luti n in the event of an appeal. ATTEST: (.4- vL�. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM CITY PLANNINMISSION SENIOR 1°'rECRETARY, ANAHEIM CITY PLANNING COMMISSION I, Grace Medina, Senior 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 May 7, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: AGARWAL ABSTAINED: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of May, 2012. SENIOR CRETARY, ANAHEIM CITY PANNING COMMISSION - 4 - PC2012 -033 AP N : 233 -051 -08 ]EXHIBIT "A" DEV2009 -00083 W WILICEN WAY 546' N N cc oo Cr) CO 546' L r Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10979 5 PC2012 -033 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 This permit shall be reviewed by the Planning Commission at a noticed public hearing in six months to ensure on -going compliance with the conditions of approval and to ensure that the venue is being operated without detriment to the surrounding neighborhood. The costs associated with this public hearing shall be borne by the applicant. Planning Department 2 Within 30 days of approval of this application, the applicant shall submit building plans illustrating additional sound attenuation measures within the front lobby area. These measures shall be designed to prevent sound leakage from all south facing emergency exits. These improvements shall be installed within 60 days of approval of this application. Planning Department 3 Within 60 days of approval of this application, the existing trash enclosure shall be relocated to the northeast portion of the property in a location acceptable to the Public Works and Planning Departments. Planning Department 4 The additional uses authorized by this application shall be considered as accessory to the primary use of the venue which is a dinner theatre. These uses shall not be permitted to operate in the event that the dinner theatre ceases operation. Planning Department 5 Patrons shall be prohibited from parking on the adjacent commercial property to the south (currently occupied by Bank of America) unless written authorization to do so is received from the property owner and submitted to the Planning Department. Planning Department 6 All south and east facing doors shall remain closed during times that events are hosted at the venue. Code Enforcement EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486 (CUP2010- 05486B) (DEV2009- 00083) 6 PC2012 -033 7 Any live or recorded musical entertainment provided in the main theatre area shall be incidental to a simultaneous theatrical performance or religious service and shall not be allowed as a primary use. Code Enforcement 8 Within 30 days of approval of this permit, a revised parking management plan shall be submitted to the Planning Department for review and approval. Such plan shall demonstrate the ongoing ability for patrons to either self -park or to utilize valet parking and signs shall be clearly posted so that patrons arriving at the venue are made aware of this option. Said plan shall also include measures to ensure that the parking of vehicles and valet activities do not disturb the adjacent residential properties. Planning Department 9 Any live or recorded musical entertainment provided in the lobby area shall be incidental to a simultaneous public or private event such as weddings, proms, birthday celebrations, banquets etc, and shall not be allowed as a primary use. Code Enforcement 10 Within 30 days of approval of this application, the two southernmost parking lot light standards located at the rear of the building shall be equipped with shields designed to prevent excessive glare upon the adjacent residential properties to the south. Code Enforcement 11 All uses, including the existing dinner theatre and the additional uses authorized by this application, shall operate no later than 10:00 p.m., Sunday through Thursday, and no later than 11:30 p.m., Friday and Saturday. The disassembly and/or loading of equipment following each event shall cease no later than one hour beyond the time limits stated above. Code Enforcement 12 Any television or film activity shall be limited to filming, recording or broadcasting events that are authorized by this conditional use permit. Code Enforcement 13 As recommended by the updated parking analysis prepared by Kunzman Associates, Inc. (dated March 7, 2012), events shall commence no earlier than 9:00 a.m. Code Enforcement �� Events taking place on the same day shall be scheduled a minimum of two hours apart in order to ensure an adequate number of on -site parking spaces and adequate traffic flow. Code Enforcement 7 PC2012 -033 15 As required by the facility's Type 47 (On -Sale- General — Eating Place) Alcohol Beverage Control license, at all times when the premise is open for business and alcohol is being served the applicant shall provide a menu containing an assortment of foods normally offered in a restaurant. Police Department 16 The sale of alcoholic beverages for consumption off the premise shall be prohibited. Police Department 17 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. Police Department 18 That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police Department 19 Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Police Department 20 Within 30 days of approval of this application, a security plan shall be submitted to the Anaheim Police Department for review and approval. The plan shall include measures to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 21 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.18.110 (A) Anaheim Municipal Code) Police Department 22 The number of persons admitted shall not exceed 990 guests for events held within the theatre portion of the venue or 730 guests for events held within the lobby area. No event shall exceed 990 guests. Police Department 8 PC2012 -033 23 At all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries, the doors shall remain closed. (Section 4.18.1.10 Anaheim Municipal Code) Police Department 24 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. (Section 4.18.050.0302 Anaheim Municipal Code) Police Department 25 All entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Sections 7.16.060 and 18.54.020 of the Anaheim Municipal Code. Police Department 26 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 4.18.110(A) Anaheim Municipal Code) Police Department 27 The business shall not 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. (Section 24200.5 Alcoholic Beverage Control Act) Police Department 28 Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department 29 Entertainment is allowed only within the building. No entertainment, including band warm -up and rehearsal, is allowed in the parking lot. Police Department 30 A letter shall be prepared by City staff and mailed to surrounding property owners, informing them of the Commission's action to approve this request. The letter shall include contact information for both the business operator and City staff in the event these owners wish to express a concern or comment. Planning Department 31 Code Enforcement staff shall conduct a minimum of four unannounced inspections of the property within the next six months. The applicant shall bear the cost of these inspections. Code Enforcement -9 PC2012 -033