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MIN 06 27 2016_Item 2_Elaine_emJUNE 27, 2016 PLANNING COMMISSION [DRAFT] MINUTES PC: 06-27-2016 Page 1 of 5 ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2010-05486F (DEV2009-00083F) Location: 2232 South Harbor Boulevard Request: Planning Commission-initiated six-month compliance review of a conditional use permit for M3Live Anaheim Event Center, which is an existing theater, restaurant, and banquet facility; and, applicant-initiated requests to (1) amend the subject conditional use permit to allow public parking when the venue is not in use; and (2) amend the conditions of approval pertaining to operations, including the permitted hours of operation. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. PC2016-056 (Henninger / Dalati) Approved, modified Condition No. 50 of the draft resolution, adding language to require that the hours for public parking be consistent with the operating hours for the event venue. VOTE: 5-1 Commissioners Bostwick, Dalati, Henninger, Ramirez and Seymour voted yes. Chair Lieberman voted no. Commissioner Caldwell was absent. Project Planner: Elaine Thienprasiddhi ethien@anaheim.net Elaine Thienprasiddhi, Senior Planner, provided a summary of the staff report dated June 27, 2016, along with a visual presentation. Commissioner Henninger asked what the definition is for overnight parking for the public parking. Jonathan Borrego, Planning Services Manager, responded that he would suggest changing the language to state that the hours for public parking shall be consistent with the operating hours for the event venue. Commissioner Seymour referred to the applicant’s written correspondence dated June 1, 2016, page 3, relating to allowing M3Live permission to place photographs of weddings, banquets, concerts and coming attractions for the subject business in designated areas previously authorized for Battle of the Dance, and he asked for staff’s response related to that matter. Ms. Thienprasiddhi responded the matter is proceeded at a staff level review to analysis the murals and determine what is appropriate at the specific locations; and she stated that the applicant has submitted a couple of examples to staff which are currently under staff’s review. Commissioner Bostwick asked staff what the rationale was for not allowing the applicant to change the amount of time for clearing out the parking lot. JUNE 27, 2016 PLANNING COMMISSION [DRAFT] MINUTES PC: 06-27-2016 Page 2 of 5 Ms. Thienprasiddhi responded that allowing more time for the parking lot to be cleared may potentially mean that guest could remain inside the venue which may make it more difficult for code enforcement to monitor. Chair Lieberman referred to the sound level study, and she asked staff why not conduct another sound level study without table covers to check if it would be acceptable. Ms. Thienprasiddhi responded that they could amend the condition of approval to state that sound tests could be conducted without the tables. Mr. Borrego stated it was actually based on staff’s observations going out to the site, and observing the noise levels with and without the tables and covers, and staff did observe a perceptible difference. Commissioner Dalati stated the subject property faces Harbor Boulevard which is a busy street with a lot of traffic and noise, and he asked staff what percentage of the noise is being emitted from Harbor Boulevard. Ms. Thienprasiddhi responded that it would be difficult to estimate a percentage, but stated that often times when you are on the subject property that you can hear a lot of traffic related noises and music coming from vehicles, etc., and she stated that there is a significant amount of ambient noise coming from Harbor Boulevard. Mr. Borrego stated when they visited the subject site during late night hours and early morning hours, and visited the adjacent townhome complex to the south, and while standing in the townhome complex often times you could hear the traffic much more than you can hear anything coming from the subject facility while it was operating. And, he emphasized especially during the late night hours as you can hear the ambient background noise level which is very low so you can definitely hear the vehicles on Harbor Boulevard. Chair Lieberman opened the public hearing. Kimberly Lee, Senior Sales Manager, M3Live, 2232 S. Harbor Boulevard, Anaheim, she explained the difficulties the business has for booking events as most people want to be allowed a later time to end the event, and she indicated that they lose a lot of potential events due to the current hours of operation. She also noted that on one occasion the police were called due to a noise complaint and the police checked behind the building and indicated they could not hear anything; and she stated some of the noise issues could be coming from traffic on Harbor Boulevard. Lawrence Witsoe, Contract Manager, M3Live, 2232 S. Harbor Boulevard, Anaheim, he expressed his frustration with a neighbor who continues to make untrue complaints against the subject business. And, he explained all the measures they have already taken in improving the operation of the business in order to alleviate complaints. He asked for the Planning Commission’s approval of the subject request. JUNE 27, 2016 PLANNING COMMISSION [DRAFT] MINUTES PC: 06-27-2016 Page 3 of 5 Musa Madain, Applicant, President of M3Live, 2232 S. Harbor Boulevard, Anaheim, he stated he has been running a favorable and legit business for the past eighteen months at the subject location. He explained that there haven’t been any major problems with his business. Also, he stated he has a parking easement with the adjacent Jack-in-the Box business, where the gates are to remain open; and he explained that he has no control of the people’s activities who frequent Jack-in-the Box and that his business should not be blamed for any of the activities created by the adjacent business. He expressed that the neighbor’s complaints are not valid and that he is just trying to operate his business and make it a profitable business. He referred to their request pertaining to allowing them an additional six days per year to remain open until 2:00 a.m., and he indicated he is willing to pay for a special events permit for those days in order to help the growth of his business. Commissioner Seymour referred to sound proofing, and he asked Mr. Madain if he would be willing to conduct a sound test with the table covers off, in order to determine whether or not it meets the regulations. If it does meet regulations then a condition could be made allowing the table covers to be removed. Mr. Madain responded yes, he would be in favor of conducting such sound test. Commissioner Ramirez asked Mr. Madain why he asking for the deletion of the condition of approval relating to tables and table covers to remain in the theater during events. Mr. Madain stated mostly because of their church events, and also due to their conference events. Jan Rasmussen, 2315 S. Mira Court, #134, Anaheim, she stated she resides on the southeast corner of the subject parking lot area. She expressed her concerns and objections related to approving any extensions for the subject business’ operating hours; and she read into the record a piece of written correspondence that she submitted to staff. Robert Hale, 2365 S. Mira Court, #182, Anaheim, he stated that there have been numerous occasions where he could hear the music coming from the subject business and he stated that it has been a disturbance, and he asked that the hours of operation not be extended. Michele Irwin, Senior Police Services Representative, she explained reasons why staff supports the banquet hours to remain as 12:00 a.m., and also reasons why staff believes that the table cloths do help in keeping the noise volume emitting from the business down as it appears to absorb the noise. Also, she indicated that it would seem that for the church events and conferences that people would need chairs in order to not have to stand for the entire event. She also stated that with the size of the banquet facility and being a live entertainment venue that having the tables and/or chairs removed it would tend to lead to a night club type venue instead of an entertainment venue. JUNE 27, 2016 PLANNING COMMISSION [DRAFT] MINUTES PC: 06-27-2016 Page 4 of 5 She suggested that the condition of approval relating to the parking lot being cleared within a half hour to remain as conditioned. She also wanted to make it clear that the subject business shall not mandate valet parking, and that only self-parking is to be allowed. Erika Rasmussen, 2315 S. Mira Court, #134, Anaheim, stated that the ambient noise on Harbor Boulevard isn’t disturbing to her because when you reside in such type of area that you eventually become somewhat accustomed to the ambient noise. Max Ahmad, M3Live, 2232 S. Harbor Boulevard, Anaheim, he spoke related to the code section for amplified music, the condition of approval related to the requirement of tables and chairs, and clarified information related to a parking study conducted by a previous applicant for the subject facility. He also stated that he disagrees with the perception that if the tables and chairs are removed that it becomes a night club venue; and he also indicated that there are a lot of alcohol establishments in the city that are open until 2:00 a.m. Joell Kuykendall, 2315 S. Mira Court, #133, Anaheim, she presented a video from April 16, 2016, showing the noise and activities of the subject business’ parking lot after an event, and she expressed her opposition to the requested extension to the hours of operation. Edwin Masanto, Surfside Patrol, 13232 Lucille Street, Garden Grove, stated he is the security in charge of patrolling the subject parking lot, and they have been working hard in trying to keep the peace with the adjacent neighbors, and they do work with code enforcement staff. He stated that the establishment is high scale and they do not have any disorderly issues arising from the establishment. Commissioner Ramirez asked Mr. Masanto how long it generally takes for security to clear out the parking lot. Mr. Masanto explained some of the issues with clearing out the parking lot in a timely fashion, and he stated it usually takes about 45 minutes. Mr. Madain referred to the video that was presented by Ms. Kuykendall and stated that there is no proof related to the day of when the video was taken, and there is no proof that the noise is coming from his property. He clarified that with regards to previous comments made related to removing the tables and table cloths that he was not referring to removing the chairs, therefore the chairs would remain for seating purposes. Chair Lieberman closed the public hearing. Commissioner Ramirez asked for clarification on the history related to having valet parking on site. JUNE 27, 2016 PLANNING COMMISSION [DRAFT] MINUTES PC: 06-27-2016 Page 5 of 5 Mr. Borrego responded it was to provide a convenience to the guest that would prefer to utilize valet parking, and also to better manage the use of the rear parking lot area because the thought was that the valet could actually park the vehicles in the rear parking lot as oppose to directing the patrons back there which may be more disruptive. Commissioner Ramirez asked for clarification regarding the security plan. Ms. Thienprasiddhi stated there’s a separate parking management plan, when the new operator took over in 2014, a plan was proposed and the Traffic and Engineering Division and Planning Services Division reviewed the plan which is on record. Commissioner Dalati stated that Harbor Boulevard is a very busy street and the subject business is right by a traffic signal, therefore the noises generated could potentially be coming from vehicles stopped at the traffic signal. Chair Lieberman referred to the special events permit and asked could the applicant apply for a special events permit by a case-by-case basis, and extend the hours of operation a couple of nights a year. Ms. Thienprasiddhi responded that if the draft resolution is approved then the application for a special events permit would be limited by the conditions of the permit. Therefore, there would not be an opportunity to go later than the hours stated in the conditions of approval. Further discussion took place amongst the Planning Commission relating to the applicant extending the hours of operation on an occasional basis, and to creating the right balance for the neighborhood as they have to co-exist. Chair Lieberman referred to staff’s recommendations relating to the hours of operation and she expressed that it appears to be too restrictive on the applicant. Commissioner Henninger offered a motion, seconded by Commissioner Dalati and MOTION CARRIED (Chair Lieberman voted no, and Commissioner Caldwell was absent), recommending that the Planning Commission adopt the draft resolution attached to the June 27, 2016 staff report, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2010- 05486F (DEV2009-00083F). Eleanor Morris, Secretary announced that the resolution passed with five yes votes. Commissioners Bostwick, Dalati, Henninger, Ramirez and Seymour voted yes. Chair Lieberman voted no, and Commissioner Caldwell was absent. OPPOSITION: Four persons spoke in opposition to the subject request. DISCUSSION TIME: 1 hour and 9 minutes (5:03 to 6:12 p.m.)