Resolution-PC 2012-049RESOLUTION NO. PC2012 -049
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING A REINSTATEMENT AND AMENDMENT TO CONDITIONAL
USE PERMIT NO. 4114 (TRACKING NO. CUP4114C)
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2002 -141
(DEV2012- 00079)
(3150 WEST LINCOLN AVENUE, SUITE 128)
WHEREAS, on June 7, 1999, the Anaheim City Planning Commission, by its Resolution
No. 99 -101, did approve Conditional Use Permit No. 4114 to establish conformity with the land use
requirements of the then exiting Zoning Code for an existing commercial retail center and to permit a
dance studio and public dance hall within the same commercial center for a one -year period with waiver
of the minimum number of parking spaces; and
WHEREAS, on May 22, 2000, the Anaheim City Planning Commission, by its Resolution
No. PC2000 -66, did approve Conditional Use Permit No. 2000 -04209 to reinstate Conditional Use Permit
4114 to permit a dance and fitness studio and public dance hall for two additional years to expire May 22,
2002; and
WHEREAS, on July 15, 2002, the Anaheim City Planning Commission, by its Resolution
No. PC2002 -141, did approve Conditional Use Permit No. 2002 -04564 to amend and adopt in connection
with Conditional Use Permit No. 4114, to reinstate the dance studio and public dance hall within a
commercial center for four additional years, and to amend the waiver of minimum number of parking
spaces; and
WHEREAS, Conditional Use Permit 2002 -04564 includes the following conditions of
approval:
" 1. That the dance studio /public dance hall portion of Conditional Use Permit 4114 shall
expire on December 15, 2006.
9. That a maximum of fifty (50) patrons shall be permitted on the premise at any time.
WHEREAS, this property is currently developed with an 80,513 square foot
commercial center and is located in the General Commercial (C -G) zone and the Anaheim General
Plan designates this property for Residential Low Medium land uses; and
WHEREAS, the Planning Commission did receive a verified Petition to reinstate and
amend Conditional Use Permit No. 4114, as amended by Conditional Use Permit No. 2000 -04209
and Conditional Use Permit No. 2002 -04564 (collectively referred to herein as the "Conditional Use
Permit "), to modify or delete certain conditions of approval pursuant to Sections 18.60.190 and
18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim,
County of Orange, State of California, shown on Exhibit "A ", attached hereto and incorporated
herein by this reference; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 30, 2012, at 5:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim
Municipal Code, to hear and consider evidence for and against said amendment and reinstatement of
the 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, does find and determine the following facts:
1. The facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist.
2. The permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved.
3. The 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.
4. With regard only to any deletion of a time limitation, such deletion is appropriate because
it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone
and the surrounding area, and that the periodic review of the use is no longer necessary and/or that it can
be determined that, due to changed circumstances, the use is consistent with the City's long -term plans for
the area.
5. The existing use at the time of approval was properly one for which a conditional use
permit was authorized by the Zoning Code.
6. The use, as amended, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is located as the dance studio and entertainment venue has
been operating in conformance with all conditions of approval and there have been no code
violations on the tenant space relating to land use.
7. The size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety
as the dance studio, entertainment venue and banquet facility has been operating in conformance
with all conditions of approval and there have been no code violations on the property.
8. The traffic generated by the existing use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the convenience
market has been operating in conformance with all conditions of approval and there have been no
code violations on the property or complaints of parking or traffic impacts.
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WHEREAS, the Conditional Use Permit, as amended and reinstated, falls within that
class of projects which consist of the operation, maintenance, permitting, leasing, licensing, or minor
alteration of existing private structures, facilities, mechanical equipment or topographical features
involving negligible or no expansion of use beyond that previously existing and that, therefore,
pursuant to Section 15301 of Title 14 of the California Code of Regulations, the amendment to the
Conditional Use Permit will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of the California Environmental Quality Act (Public
Resource Code Section 21000 et seq.).
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission,
for the reasons herein above stated does hereby approve the reinstatement and amendment of the
Conditional Use Permit and to amend the description to include banquet facilities subject to the
conditions of approval described 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 the reinstatement and amendment of the
Conditional Use Permit, including the deletion of the aforementioned Condition No. 1, modification
of Condition No. 9 and the inclusion of banquet facilities, 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, except as expressly amended herein, the
provisions of the Conditional Use Permit, shall remain in full force and effect.
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 competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of July 30, 2012.
ol
I• 1
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
COMMISSION
I, Eleanor Morris, 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 July 30, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of July, 2012.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00079
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®- Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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EXIIIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 4114C
(DEV2012- 00079)
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REVIEW
SIGNED
BY
OFF BY
NO.
CONDITIONS OF APPROVAL
GENERAL
1
That the hours of operation shall be limited to the following:
Code
Monday: Closed
Enforcement
Tuesday - Sunday: 5:OO p.m. — midnight
2
That the rear door located on the east wall of this tenant space
Police
shall be used for emergency existing purposes and shall remain
closed during hours of operation.
3
That any activity described in Section 18.89 of the Anaheim
Police
Municipal Code as a "sex- oriented business" shall not be
permitted on these premises.
4
That no alcoholic beverages shall be sold or consumed on the
Police
premises.
5
That a maximum of one hundred and twenty (120) patrons shall
Code
be permitted on the premise at any time.
Enforcement
6
That no live bands shall be permitted on the premises unless a
Code
Entertainment Venue Permit is obtained and that all dancing
Enforcement
activities be conducted in compliance with Chapter 18.16 of the
Anaheim Municipal Code pertaining to entertainment venues.
7
That noise levels shall be in compliance with Code Section 6.70
Code
and 6.72 pertaining to maximum permitted sound pressure levels
Enforcement
and amplified sound.
8
That, as stipulated by the petitioner, security guards shall be
Police
provided during all entertainment venue and banquet facility
hours.
9
That the subject property shall be developed substantially in
Planning
accordance 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 Revision
1 of Exhibit No.l and Exhibit No. 2, and as conditioned herein.
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