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Resolution-PC 2015-037RESOLUTION NO. PC2015 -037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486, AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC 2012 -033 AND DETERMINING THAT A PREVIOUSLY - APPROVED MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST (DEV2009- 00083) (2232 SOUTH HARBOR BOULEVARD) WHEREAS, on July 19, 2010, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (hereinafter referred to as ( "Planning Commission "), by its Resolution No. PC2010 -057, did approve Conditional Use Permit 2010 -05486 (the "Original CUP ") 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, which included enhanced landscaping and wall murals, located at 2232 South Harbor Boulevard, City of Anaheim, County of Orange, State of California (the "Property "), as generally depicted on the map attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, on May 7, 2012, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2012 -033, approved an amendment to the Original CUP (designated as "Conditional Use Permit No. 2010- 05486B ") to permit additional entertainment and community assembly uses (including: private parties, meetings and banquets, religious services, and sporting and convention events) in conjunction with a previously- approved dinner theater, with or without the sale of alcoholic beverages for on- premises consumption, but denied the request to allow public dances (dance venue), launch parties and music concerts (herein referred to as the "2012 Amendment "); and WHEREAS, on April 7, 2014, and subject to certain conditions of approval, the Planning Commission, by motion, approved a minor amendment to the Original CUP (designated as "Conditional Use Permit No. 2010- 05486C ") to revise the floor plan for a previously- approved dinner theater, restaurant, and banquet facility to accommodate a full- service restaurant and dinner theater (herein referred to as the "2014 Amendment "); and WHEREAS, the Original Cup, the 2012 Amendment and the 2014 Amendment shall be referred to collectively herein as the "CUP ". The conditions of approval which were the subject of the Original CUP, as amended and modified by the 2012 Amendment and the 2014 Amendment, shall be referred to herein collectively as the "Previous Conditions of Approval "); and WHEREAS, this Property is currently developed with a 43,500 square foot building, located within the boundaries of the Anaheim Resort Specific Plan and within the Commercial Recreation (C -R) District (Development Area 1) of the Anaheim Resort Specific Plan Zone. The Property is designated for Commercial Recreation land uses in the Anaheim General Plan; and - 1 - PC2015 -037 WHEREAS, one of the conditions of approval which were the subject of the First Amendment (specifically, Condition No. 1) states that the permit be reviewed by the Planning Commission at a noticed public hearing six months following the commencement of operations 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; and WHEREAS, the current business operator commenced operations of the dinner theater under the CUP on October 17, 2014; and WHEREAS, the Planning Commission did receive a verified petition to further amend the CUP (designated as "Conditional Use Permit No. 2010- 05486D ") to (1) eliminate the requirement for the sale and service of food in conjunction with shows in the theater area, (2) extend the permitted hours of operation, and (3) modify previously approved floor plans; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 18, 2015 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 (Procedures) of the Anaheim Municipal Code (the "Code "), to hear and consider evidence for and against the six -month compliance review, said proposed Conditional Use Permit No. 2010 - 05486D , and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines "), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the proposed amendment to the CUP 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; 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 the CUP, does find and determine the following facts: 1. The request to amend the CUP to change the use from a dinner theater to a live performance theater, to extend the permitted hours of operation, and to modify previously approved floor plans is within that class of primary uses (i.e., Entertainment Venue and Community and Religious Assembly) subject to a conditional use permit authorized under Section 18.116.070 (Uses — Commercial Recreation (C -R) District (Development Area 1) of the Code. -2- PC2015 -037 2. With the exception of the requested extension of the hours of operation, the request to change the use from a dinner theater to a live performance theater and to modify previously approved floor plans, will not adversely affect the surrounding land uses and the growth and development of the area, with the implementation of the conditions of approval. The added conditions limit the hours of operation, address noise from both the theater and banquet areas, and provide security measures to ensure the orderly conduct of guests on -site. Additionally, concerts or live musical events, would not be permitted in the theater until such time that the applicant addresses the noise and vibration from such events and obtains approval from the Planning Commission at a noticed public hearing. 3. The size and shape of the site is adequate to allow the full operation of the proposed uses in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because no expansion to the building is proposed, nor will there be an increase of the maximum capacity permitted under the CUP. 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 amendment to the CUP 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 extended hours of operation for the banquet facility and restaurant, that all of the conditions and criteria for fully approving the requested amendment to this conditional use permit are not present for the following reasons: 1. It has been demonstrated that the noise and vibration associated with concerts and musical events do cause a disturbance to surrounding residents, which affect the quiet enjoyment of their homes. 2. The Property is adjacent to residential uses to the south and east, which are immediately adjacent to the parking areas for the facility. Closing hours beyond those approved would impact the quiet enjoyment of the neighbors' properties. 3. There are several banquet facilities within the City that have been limited to similar hours as those recommended by staff based on adjacency to residential uses. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. -3- PC2015 -037 NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2010- 05486D to (1) change the use from a dinner theater to a live performance theater, (2) extend the operating hours an additional half hour for the banquet facility and restaurant, and (3) modify previously approved floor plans; provided however that the Planning Commission does hereby deny that portion of the request to extend the hours of operation for the restaurant and the banquet facilities. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2010- 05486D contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of Approval "). BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B , which shall control and govern the CUP, as amended by Conditional Use Permit No. 2010- 05486D. BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under Conditional Use Permit No. 2010- 05486D, are hereby found to be a necessary prerequisite to the proposed use of the 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 Code. Timing for compliance with those conditions of approval that relate to the uses permitted under Conditional Use Permit No. 2010- 05486D may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code. BE IT FURTHER RESOLVED that the 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 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. -4- PC2015 -037 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 18, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. IAN, PLANK COMMISSION CITY O - AN EIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on May 18, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 18 day of May, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2015 -037 EXHIBIT "A" DEV NO. 2009-00083D APN : 233 - 051 -08 0 0 a W WILKEN WAY T� m -n rn r n 1 � 1 557' 1 1 1 1 co co M = j O O j S > 557' v rn z 1 X 1 J O j m rn � I co 'a _ S CUTTY WAY 1 `' 1 �O O 1 S PO RA- � E C -T F r 1 1 0 Source: Recorded Tract Maps and/or City GIS. Fee*.. Please note the accuracy is +l- two to five feet. -6- PC2015 -037 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486 (CUP2010- 05486D) (DEV2009- 00083D) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 30 DAYS 1 Signs shall be posted on the interior of the south and east facing exit Planning doors stating "Do Not Open, Except in Emergencies." 2 All guest parking spaces that may be used for valet service shall be Planning marked with a number. The 34 parking spaces behind the building and closest to the south property line shall be marked "Employee." 3 The tower feature at the southwest corner of the building shall be Planning refinished to match the rest of the building. Alternatively, the applicant may propose a different artistic mural (without advertising) to replace the former murals. Said mural shall be reviewed by the Planning Department, Planning Services Division and must be installed within 30 days of approval. 4 Signs shall be posted at all exits stating "No alcohol beyond this Police point." WITHIN 60 DAYS 5 Managers, owners, bar tenders, and wait staff shall call the Police Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs) Training. The contact number is (714) 558 -4101. OPERATIONAL CONDITIONS 6 This permit shall be reviewed by the Planning Commission at a Planning 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. 7 Code Enforcement staff shall conduct a minimum of four Planning unannounced inspection of the property within the next six months. The costs associated with the inspections shall be borne by the applicant. 8 No concerts, or live musical events, shall be permitted in the theater Planning area. 9 Ticketed concert or musical events or any concert or musical event Planning open to the general public shall not be held in any restaurant/banquet area. -7- PC2015 -037 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 Hours of operation shall be limited to the following: Planning Banquets and Restaurant Police • Sunday— Thursday: 9:00 a.m. to 10:00 p.m.; • Friday /Saturday: 9:00 a.m. to midnight Theater • Sunday— Thursday: 9:00 a.m. to 10:00 p.m.; • Friday /Saturday: 9:00 a.m. to 11:30 p.m. Guests must be cleared from the property within 30 minutes of the time limits stated above. Security personnel shall be responsible for maintaining orderly conduct and prompt exiting from the property. The disassembly and /or loading of equipment following events shall cease no later than one hour beyond the time limits stated above. 11 For ticketed events in the theater, tickets shall be required for entry Planning into any portion of the building. An employee shall be stationed at the front (west) entry to check tickets. The restaurant shall not be open to the general public within two hours that a ticketed event is held. 12 There shall not be concurrent events within the facility. No more than Planning one event may be held in either the main dining room or the theater at one time; further, the restaurant shall not be open to the public at the same time as any event in the main dining room or theater. 13 Events taking place on the same day shall be scheduled a minimum Planning of two hours apart in order to ensure an adequate number of on -site parking spaces and adequate traffic flow. 14 The number of persons admitted shall not exceed 990 guests for Planning events held within the theatre portion of the venue or 620 guests for events held within the combined banquet areas. Total occupancy of the building may not exceed 990 guests. 15 If noise complaints are received, and are validated by City staff, the Planning applicant must cease operation of the noise source until such time that additional measures are implemented to eliminate the noise. 16 Trash shall not be emptied into outside trash containers between the Planning hours of 10:00 p.m. and 7:00 a.m. 17 A chain or other barrier/barricade shall be maintained at either end of Planning the south drive aisle from one hour before to one hour after events to prohibit cars and buses from driving through or parking in this area. 18 The permitted event or activity shall not create sound levels that Planning violate any ordinance of the City of Anaheim. -8- PC2015 -037 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 19 The Parking Management Plan is subject to continuous review by the Planning Planning Department and Public Works, Traffic and Transportation Division. The plan shall include measures to ensure that the parking Public Works of vehicles and valet activities do not affect traffic on Harbor Boulevard and do not cause a disturbance to the residential neighbors. 20 The same valet operator for all events shall be provided by the Planning business owner. 21 Valet attendants shall park vehicles in the numbered stalls reserved Planning for valet. Valet attendants shall not rely upon chirping the key fobs to locate vehicles. 22 The valet stand shall be located at the west entry, as shown on the Traffic and approved Parking Management Plan. Transportation 23 The ongoing ability for guests to self -park at no charge shall be Planning clearly posted. Optional valet parking may also be provided. Traffic and Transportation 24 The parking area immediately behind the building shall be reserved Planning for employees. Guests are not permitted to park in this area. 25 No buses are allowed in the parking area on the east side of the Planning property, or the drive aisle along the south side of the property, including, but not limited to, buses for tour companies or performers. 26 Patrons shall be prohibited from parking on the adjacent commercial Planning 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. 27 The same security team for all events shall be provided by the Police business owner, utilizing a company approved by the Police Department. Customers hosting events at the facility are not permitted to employ or provide their own security, except for security that is in addition to the security team provided by the business owner. 28 The Security Plan is subject to continuous review by the Police Police Department, Vice Detail. 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. 29 Any and all security officers provided shall comply with all State and Police Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. -9- PC2015 -037 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 30 Parking lots, driveways, circulation areas, aisles, passageways, Police 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. 31 All south and east facing doors shall remain closed at all times, Police except in case of an emergency. Security guards shall monitor the south and east doors during events to ensure that they remain closed. 32 Security personnel shall be responsible for maintaining orderly Police conduct and prompt exiting from the property. 33 Management shall e -mail a monthly calendar of entertainment /events Police to the Vice Detail, attention mmirwin@anaheim.net prior to the start of each month. 34 Any graffiti painted or marked upon the premises or on any adjacent Planning area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 35 Any television or film activity shall be limited to filming, recording Planning or broadcasting events that are authorized by this conditional use permit. 36 As recommended by the updated parking analysis prepared by Public Works Kunzman Associates, Inc. (dated March 7, 2012), events shall commence no earlier than 9:00 a.m. 37 As required by the facility's Type 47 (On -Sale- General — Eating Police Place) Alcohol Beverage Control license, at all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of food normally offered in a restaurant. 38 That subject alcoholic beverage license shall not be exchanged for a Police 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. 39 The sale of alcoholic beverages for consumption off the premise shall Police be prohibited. 40 There shall be no exterior advertising or sign of any kind or type, Police including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. - 10 - PC2015 -037 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 41 The business shall not employ or permit any persons to solicit or Police 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) 42 Petitioner shall not share any profits, or pay any percentage or Police 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. 43 All employees and patrons shall be clothed in such a way as to not Police expose "specified anatomical areas" as explained in the Anaheim Municipal Code. 44 Petitioner(s) shall not require an admission charge or a cover charge, Police nor shall there be a requirement to purchase a minimum number of drinks. 45 Entertainment is allowed only within the building. No entertainment, Police including band warm -up and rehearsal, is allowed in the parking lot. 46 No Public Dance shall be allowed. Police 47 No minor under the age of sixteen (16) years shall be allowed to Police attend the dance or event, unless accompanied by a parent or guardian. 48 The business shall not be operated in such a way as to be detrimental Police to the public health, safety or welfare. (Section 4.18.050.0302 Anaheim Municipal Code) 49 Any violation of the application, or any attached conditions, shall be Police sufficient grounds to revoke the permit. (Section 4.18.110(A) Anaheim Municipal Code) GENERAL 50 The subject Property shall be developed substantially in Planning Department accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. 51 The Applicant shall defend, indemnify, and hold harmless the City Planning Department and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to - 11 - PC2015 -037 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 52 The applicant is responsible for paying all charges related to the Planning Department processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. - 12- PC2015 -037