PC 2018/06/11
City of Anaheim
Planning Commission
Agenda
Monday, June 11, 2018
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chairperson: Bill Dalati
• Chairperson Pro-Tempore: Michelle Lieberman
• Commissioners: John Armstrong, Jess Carbajal, John Gillespie,
Kimberly Keys, Steve White
• Call To Order - 5:00 p.m.
• Pledge Of Allegiance
• Public Comments
• Public Hearing Items
• Study Session: Planning Commission Rules and Procedures
The Study Session was continued from the April 30, 2018 Planning Commission meeting.
• Commission Updates
• Discussion
• Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning and Building
Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is
also available on the City of Anaheim website www.anaheim.net/planning on Thursday, June 7,
2018, after 5:00 p.m. Any writings or documents provided to a majority of the Planning
Commission regarding any item on this agenda (other than writings legally exempt from public
disclosure) will be made available for public inspection in the Planning and Building Department
located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business
hours.
You may leave a message for the Planning Commission using the following
e-mail address: planningcommission@anaheim.net
06-11-2018
Page 2 of 4
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission
action unless a timely appeal is filed during that time. This appeal shall be made in written
form to the City Clerk, accompanied by an appeal fee in an amount determined by the City
Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public
hearing before the City Council at the earliest possible date. You will be notified by the City
Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council
at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or provide public comments on agenda items with the
exception of public hearing items.
06-11-2018
Page 3 of 4
Public Hearing Item
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2010-05486H
(DEV2009-00083H)
Location: 2232 South Harbor Boulevard
Request: To amend the conditions of approval for an
existing theater, restaurant, and banquet facility (M3Live
Anaheim Event Center) to extend the permitted hours of
operation.
Environmental Determination: The Planning
Commission will consider whether the proposed action is
Categorically Exempt from the requirements to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15301, Class 1 (Existing Facilities).
Resolution No. ______
Project Planner:
Elaine Thienprasiddhi
ethien@anaheim.net
Adjourn to Monday, June 25, 2018 at 5:00 p.m.
06-11-2018
Page 4 of 4
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
3:15 p.m. June 6, 2018 (TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
The City of Anaheim wishes to make all of its public meetings and hearings accessible to all
members of the public. The City prohibits discrimination on the basis of race, color, or national origin
in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with Disabilities
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thereof.
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or services, in order to participate in the public meeting may request such modification,
accommodation, aid or service by contacting the Planning and Building Department either in person
at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later
than 10:00 a.m. one business day preceding the scheduled meeting.
La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos
los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen
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Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos
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reglamentos adoptados en aplicación del mismo.
Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios
auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación,
ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en
persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139,
antes de las 10:00 de la mañana un día habil antes de la reunión programada.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JUNE 11, 2018
SUBJECT: CONDITIONAL USE PERMIT NO. 2010-05486H
LOCATION: 2232 South Harbor Boulevard (M3Live Anaheim Event Center)
APPLICANT/PROPERTY OWNER: The applicant is Musa Madain and the
property owner is P.A. Poon and Son, Inc.
REQUEST: The applicant requests to amend a condition of approval for the M3Live
Event Center to extend the hours of operation for banquets, restaurant use, and theater
events. The proposed hours of operation would allow banquets and any restaurant use
to operate until midnight on weeknights and 2 a.m. on the weekends; and allow theater
events to operate until midnight, daily.
RECOMMENDATION: Staff recommends that the Planning Commission deny the
request for later operating hours.
BACKGROUND: In July 2010, the Planning Commission approved a conditional
use permit (CUP) to allow a 43,500 square foot dinner theater venue, known as Battle
of the Dance, at 2232 South Harbor Boulevard, in a building that formerly contained a
Toys R Us store. This property is located within The Anaheim Resort, an area of the
City that surrounds and includes the Disney theme parks and the Anaheim Convention
Center. The General Plan designates the subject property for Commercial Recreation
land use. The property is subject to the permitted uses and development standards of
the Anaheim Resort Specific Plan (ARSP). The ARSP encourages the development of
uses related to entertaining, lodging and supplying services to tourists and visitors.
Adjacent properties along Harbor Boulevard to the north and south are also within The
Anaheim Resort and developed with commercial uses. Properties directly across
Harbor Boulevard are within the City of Garden Grove and developed with hotels.
Properties to the east and southeast of the subject property are within the City of
Anaheim, outside of The Anaheim Resort, and include residential properties.
The Battle of the Dance dinner theater opened for business in February 2011. Later
that year, the dinner theater business began to fail and the business owner at the time
rented out the facility to various outside groups, including a nightclub promoter, in
violation of the CUP. These activities resulted in a dramatic spike in police response to
the location, with 26 calls for service in just seven months.
CONDITIONAL USE PERMIT NO. 2010-05486H
June 11, 2018
Page 2 of 6
In May 2012, the Planning Commission amended the CUP to allow various activities
accessory to the dinner theatre operations, including private parties, meetings and banquets,
religious assembly, and sporting and convention events, and denying concerts and nightclubs.
Battle of the Dance subsequently closed in late 2012 and the building remained vacant until
occupied by the current tenant, M3Live Anaheim Event Center.
M3Live made substantial renovations to the building and opened for business in September
2014. The initial business description for M3Live included dinner theater shows on Friday
and Saturday nights and a restaurant that would operate from Sunday through Thursday. Prior
to its opening, the Planning Commission reviewed revised floor plans for M3Live to convert
the front portion of the building to a restaurant dining area. The Battle of the Dance had used
this area, which included a small stage, as a large lobby area. The approved modification did
not include changes to the conditions of approval, and the new (current) operator agreed to
abide by all of the pre-existing conditions of the CUP, including a six-month compliance
review. The hours of operation remained the same as those approved for Battle of the Dance,
which were until 10 p.m., Sunday through Thursday and 11:30 p.m. on Friday and Saturday.
On May 18, 2015, the Planning Commission considered a six-month compliance review for
M3Live. The compliance review included a request by the applicant to amend the CUP by
removing the requirement to provide dinner in conjunction with theater shows, expand the
hours of operation and revise the venue’s floor plan. The Planning Commission approved the
request, in part, permitting live shows in the theater without dinner, with the exception of
musical concerts; extending the hours of operation for banquets until midnight on Friday and
Saturday nights; and, revising the floor plan for the main dining room to relocate the bar from
the middle of the room to a side wall.
On December 14, 2015, the Planning Commission considered a second six-month compliance
review for M3Live. The compliance review included a request by the applicant to amend the
CUP to allow concerts in the theater, allow the restaurant to operate concurrently with events
in the theater, extend the permitted hours of operation for the restaurant until 2 a.m., daily, and
amend a condition pertaining to parking lot lighting. The Planning Commission approved the
request, in part, but denied the request to extend the permitted hours of operation for the
restaurant.
On June 27, 2016, the Planning Commission considered a third six-month compliance review
for M3Live. The compliance review included a request by the applicant to amend the CUP to
allow public parking when the venue is not in use and amend the conditions of approval
pertaining to operations, including the permitted hours of operation. The Planning
Commission approved the request, in part, but denied the request to extend the permitted
hours of operation with the exception of allowing operation until 2 a.m. on New Year’s Eve.
The action also included removing the requirement for six-month reviews. The applicant
appealed the decision to the City Council, but subsequently withdrew the appeal.
CONDITIONAL USE PERMIT NO. 2010-05486H
June 11, 2018
Page 3 of 6
On November 18, 2016, the Planning Commission considered a request to amend the CUP to
extend the permitted hours of operation for the banquet hall from midnight to 12:30 a.m. for
events on Friday and Saturday nights; extend the allowed time to clear the property of guests
from 30 minutes to 45 minutes; and, delete a condition of approval allowing the applicant to
remove the tables in the theater. The Planning Commission approved the request, in part,
allowing 45 minutes to clear the property of guests, removing the condition pertaining to
tables in the theater, and denying the request to extend the permitted hours of operation to
12:30 a.m. for events on Friday and Saturday nights.
Over the course of the past eight years, the neighbors living in the adjacent residential area
have attended each of the public hearings, opposing the continued requests for later operating
hours. The neighbors have expressed concerns with noise associated with events and later
hours affecting the peaceful enjoyment of their homes.
PROPOSAL: The applicant requests an amendment to Condition No. 2 to modify the hours
of operation for banquets, restaurant use, and theater events. The proposed hours of operation
would allow banquets and any restaurant use to operate until midnight on weeknights and 2
a.m. on the weekends; and allow theater events to operate until midnight, daily.
FINDINGS AND ANALYSIS: Before the Planning Commission may amend a conditional
use permit, it must make a finding of fact that the evidence presented shows that all of the
following conditions exist:
1) That the proposed use is properly one for which a conditional use permit is
authorized by this code;
2) That the proposed use will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located;
3) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the
particular area or health and safety;
4) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the
area; and
5) That the granting of the conditional use permit under the conditions imposed, if
any, will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
CONDITIONAL USE PERMIT NO. 2010-05486H
June 11, 2018
Page 4 of 6
Hours of Operation: The table below includes the current permitted hours of operation on the
left and the proposed hours on the right, with the requested changes identified in bold
underline.
Condition No. 2 – Hours of Operation
Approved Proposed
Hours of operation shall be limited to the
following:
Banquets and Restaurant:
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.
New Year’s Eve:
9:00 a.m. to 2:00 a.m. (the following
day)
Guests must be cleared from the property
within 45 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.
Hours of operation shall be limited to the
following:
Banquets and Restaurant:
Sunday – Thursday: 9:00 a.m. to
midnight
Friday/Saturday: 9:00 a.m. to 2:00 a.m.
Theater:
Daily: 9:00 a.m. to midnight
New Year’s Eve:
9:00 a.m. to 2:00 a.m. (the following
day)
Guests must be cleared from the property
within 45 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.
As described in the project background, since M3Live opened for business in September 2014, the
applicant has submitted multiple applications requesting an extension to the permitted hours of
operation and other modifications to the CUP. M3Live's original operating hours included end
times of 10 p.m. on weeknights and 11:30 p.m. on weekends. As noted above, M3Live’s current
closing times are 10 p.m., Sunday through Thursday, and 11:30 p.m. (theater) and midnight
(banquets and restaurant), on Friday and Saturday.
In the past, staff has supported allowing the restaurant and banquets to operate until midnight on
weekends because this is a common end time for many of the nearby hotel banquet facilities and
similar standalone event venues. Citywide, most event venues with nearby residential uses end
operations at 10 p.m. However, staff believed that, if the applicant complied with the conditions of
the CUP, including, but not limited to, ensuring that the venue operators clear guests from the
parking lot in a timely manner, midnight would be an acceptable end time.
CONDITIONAL USE PERMIT NO. 2010-05486H
June 11, 2018
Page 5 of 6
In addition to the above modification in operating hours, the Planning Commission has
previously approved a number of other changes to the permit, as requested by the applicant and
recommended by staff, all of which provide more flexibility for the applicant’s business
operations. These include the change from a dinner theater to a concert venue, the ability to hold
concurrent events in the theater and small banquet room, and allowing public parking for in a fee
when M3Live is not holding an event. In addition, the Planning Commission approved a
conditional use permit for Starline Tours to operate as a sub-tenant to M3Live. The applicant
made this request to earn extra income by subleasing a portion of the office area and parking lot.
Staff supported this use with limited on-site bus storage so as not to negatively affect parking
availability and situated such that they would be stored as far away as possible from residences.
As noted above, the applicant has continued to request that the City permit the facility to operate
until 2 a.m. on weekends; and, City staff continues to assert that such hours are not acceptable
given the numerous adjacent residences. Neighbors of the subject property have also continued
to provide comments at previous public hearings, which have influenced the Planning
Commission’s decision to limit the hours. In addition, as with these prior applications, Planning
staff has consulted with various City departments in making its recommendation to the Planning
Commission. Staff from the Police Department, Code Enforcement Division of the Planning and
Building Department, and Fire Department contributed the information below, which supports
the Planning staff's recommendation for denial.
The Police Department submitted the attached memorandum, which indicates that the
department is not supportive of any extension in the hours of operation. In particular, extending
the hours of operation past midnight is of concern to the Police Department due to the
combination of alcohol service within the business and adjacent residential neighborhoods.
While the Police Department recognizes that there has been a drop in the calls for service to the
property in the past year, the Police Department attributes this reduction to the applicant
adhering to the current conditions of the permit.
The Code Enforcement Division has provided the attached memorandum, which details the Code
Enforcement activity on the property since the last time the applicant was before the Commission
in November 2016. The memorandum detailed six cases during that period, with three of the
cases relating to Starline Tours, a subtenant of M3Live; one case pertaining to violations of the
hours of operation; one case pertaining to unpermitted remodeling; and one case that is currently
still open and active relating to bus parking, hours of operation, lighting violations and charging
for self-parking.
The Fire Department provided the attached memorandum documenting ongoing Fire Code
violations, one of which was a complaint from the public that the venue was trying to sell the
event space at a higher occupancy than permitted. The Fire inspector observed several violations
during its annual fire inspection, which the applicant has failed to correct. Due to the amount of
time since the inspector made the applicant aware of the violations and the number of inspections
and notices given, the applicant is currently at risk of further enforcement measures.
CONDITIONAL USE PERMIT NO. 2010-05486H
June 11, 2018
Page 6 of 6
The information provided by City departments demonstrates the amount of effort that has been
required to ensure that the applicant complies with the existing conditions of the permit and
other City requirements. In the past year and a half, those efforts were greatly reduced compared
to earlier in the applicant’s occupancy of the building, but are still a considerable use of City
resources.
Furthermore, Planning staff does not support the applicant’s request to extend the operating
hours for the banquet facility, restaurant or theater due to the anticipated impacts to the adjacent
residential neighborhoods. The noise associated with events, including car alarms, music played
from cars, and patrons talking and loitering in parking areas, are inevitable with theater and
banquet type of businesses. Staff and adjacent residents have previously documented that
excessive noise from these events is negatively affecting the adjacent residential neighborhood.
Therefore, staff recommends that the Planning Commission deny the applicant’s request to
extend the permitted hours of operation because staff believes that the extended hours would
adversely affect the adjacent residential neighborhood.
Correspondence: Staff has received the attached letter, dated May 17, 2018, opposing the
extended hours of operation.
Environmental Analysis: CEQA does not apply to projects that are disapproved.
CONCLUSION: Staff has reviewed and considered the request for extended operating hours.
While the applicant desires to offer later hours to their customers, based on existing operations
and the adjacent residential uses, staff has concluded that the current operating hours are
reasonable and an extension of these operating hours will adversely affect the adjacent
residences. Staff therefore recommends that the Planning Commission deny the applicant’s
request for extended operating hours.
Prepared by, Submitted by,
Elaine Thienprasiddhi Susan Kim
Senior Planner Acting Planning Services Manager
Attachments:
1. Draft Resolution for Denial
2. Current Resolution (PC2016-095)
3. Applicant’s Letter of Request
4. Police Department Memorandum
5. Code Enforcement Division Memorandum
6. Fire Department Memorandum
7. Correspondence in Opposition to the Request
8. Previously-Approved Site and Floor Plans
SP 92-2 (MU)DEV 2009-00083HM3 LIVE ANAHEIM EVENT CENTER
RM-3CONDOMINIUMS64 DU
RM-2SMOKETREE TOWNHOMES123 DU
RM-2CONDOMINIUMS95 DU
RM-2CONDOMINIUMS95 DU
SP 92-2DA1BANK
SP 92-2DA1RETAIL
SP 92-2DA1RETAIL
RM-2CONDOMINIUMS95 DU
RM-2CONDOMINIUMS95 DU
RM-2CONDOMINIUMS95 DU
RM-3CONDOMINIUMS106 DU
SP 92-2DA1AUTO REPAIR/SERVICE
SP 92-2DA1QUALITY INN MAINGATE
SP 92-2DA1JACK IN THE BOXRESTAURANT
RM-4HARBOR CLIFFAPARTMENTS130 UNITS
SP 92-2DA1COMFORT INNMAINGATE
SP 92-2DA1RESTAURANT
SP 92-2DA1RENT FOR LESSSP 92-2DA1MEDICAL OFFICE
SP 92-2DA1PARKING LOT
SP 92-2DA1HACIENDA INN & SUITES
SP 92-2DA1RETAIL
C-GFOUR-PLEX
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2018-***
RESOLUTION NO. PC2018-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2010-05486 TO EXTEND THE HOURS OF
OPERATION AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2009-00083H)
(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, on May 18, 2015, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC2015-037, approved an amendment to the Original CUP
(designated as “Conditional Use Permit No. 2010-05486D”), in part, to change the use from a
dinner theater to a live performance theater, to extend the operating hours an additional one half
hour for the banquet facility and restaurant, and to modify previously-approved floor plans, but
denying a request to extend the hours of operation for the restaurant and the banquet facilities
(herein referred to as the "May 2015 Amendment"); and
- 2 - PC2018-***
WHEREAS, on December 14, 2015, and subject to certain conditions of approval, the
Planning Commission, by its Resolution No. PC2015-097, approved an amendment to the
Original CUP (designated as “Conditional Use Permit No. 2010-05486E”), in part, to allow
concerts in the theater, to allow the restaurant to operate concurrently with events in the theater,
and to amend a condition pertaining to lighting, but denying that portion of the request pertaining
to extended hours of operation (herein referred to as the "December 2015 Amendment"); and
WHEREAS, on June 27, 2016, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC 2016-056, approved an amendment to the Original CUP
(designated as “Conditional Use Permit No. 2010-05486F”), in part, to remove the requirement
for a six-month review, allow public parking when the venue is not in use, operation until 2.a.m.
on New Year’s Eve, concurrent use of the theater and main dining room for banquets, modifying
a condition pertaining to patrons parking on-site, and modifying a condition to clarify that a
public hearing is required to revoke the permit, while denying that portion of the request
pertaining to later hours for the banquets, time to clear the property of guests, removal of the
condition pertaining to tables and table covers for sound absorption, and earlier operating hours
on Sundays for religious events (herein referred to as the "June 2016 Amendment"); and
WHEREAS, on November 18, 2016, and subject to certain conditions of approval, the
Planning Commission, by its Resolution No. PC 2016-095, approved an amendment to the
Original CUP (designated as “Conditional Use Permit No. 2010-05486G”), in part, to allow an
additional 15 minutes to clear the propert of guests after closing time for a total of 45 mintues
and allowing removal the tales in the theater, but denying that portion of the request pertaining to
later hours of operation (herein referred to as the "November 2016 Amendment"); 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
WHEREAS, the Planning Commission did receive a verified petition to further amend
the CUP (designated as "Conditional Use Permit No. 2010-05486H") to extend the hours of
operation for the banquet facility to midnight on weeknights and 2 a.m. on weekends and
allowing theater events to operate until midnight, daily (herein referred to as the "Proposed
Project"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 11, 2018 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 Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2010-05486H and to investigate and make findings and recommendations in
connection therewith; and
- 3 - PC2018-***
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 with respect to the request for Conditional Use Permit No. 2010-05486H, does find
and determine the following:
1. Noise associated with the events, including car alarms, music being played from
cars, and patrons talking and loitering in parking areas have been documented and are inevitable.
The hours of operation should not be extended so as not to affect the peaceful enjoyment of the
surrounding 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. Extended hours of operation (1) for the
banquet/restaurant to midnight weekend days and to 2:00 a.m. on Friday and Saturday night; and
(2) for the theater to midnight daily, will adversely impact the quiet enjoyment of the adjacent
residential properties.
3. The current operating hours for the business are consistent with the hours of
operations for similar businesses in the City that are in close proximity to residences. In fact,
some businesses are required to end operations at 10 p.m., daily.
4. Prior to the current operator, the business was operated as a nightclub, staying
open until early morning hours. During that time, there was a substantial number of calls for
service to the business, which pertained to noise from inside the building and within the parking
lot.
5. The Police Department opposes the request since operating hours past midnight,
in combination with alcohol and entertainment, leads to operations that are very similar to a
nightclub, a use not authorized by the conditional use permit. There is prior evidence that
demonstrates that operation of a nightclub would have a direct negative impact on the adjacent
residential neighborhoods.
6. The current operator, based on the information provided by the Code Enforcement
Division of the Planning and Building Department and the Fire Department, has demonstrated an
inability to adhere to the conditions of the existing permit, the Anaheim Municipal Code and the
Anaheim Fire Code. This track record supports staff’s recommendation that the permitted hours
of operation should be not extended and the request should be denied.
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.
- 4 - PC2018-***
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
deny Conditional Use Permit No. 2010-05486H, subject to the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 11, 2018. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2018-***
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 June 11, 2018, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of June, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2018-***
EXHIBIT “A”
DEV NO. 2009-00083H
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Law Offices of
VINCENT F. SARMIENTO
A Professional Law Corporation
1617 E. Fourth Street
Santa Ana, California 92701
Telephone (714) 245-9999
Facsimile (714) 245-9998
vincent@vfslaw.com
April 19, 2018
Ms. Elaine Thienprasiddhi, Senior Planner
CITY OF ANAHEIM
200 South Anaheim Boulevard
Anaheim, CA 92805
Re: M3 Live
Conditional Use Permit No.: 2010-05486F
Location: 2232 S. Harbor Blvd., Anaheim, CA
Dear Elaine,
As you have confirmed, the balance on the Replenishment Request of $5,504.04 dated December
20, 2017 was cured in full. Therefore, M3 Live (“Applicant”) now requests amending Condition
No. 1, of Conditional Use Permit No. 2010-05486F (“CUP”).
Our office has reviewed the planning file, identified the issues involved, and are familiar with the
previous actions taken by the Planning Commission (“Commission”) and staff. We further
understand that the Applicant has taken prior direction from the Commission, and complied with
all the mandated requirements. Compliance with all the recommended conditions has come at
great financial expense to the Applicant. Thousands of dollars were dedicated to sound
attenuation, robust staffing of parking security, and the abandonment of several parking spaces
for patrons near the sensitive receptors.
The Applicant now requests the Commission to amend the CUP referenced above. Similar to
many existing businesses along the Harbor Boulevard commercial corridor, the Applicant is a
responsible operator committed to creating a safe and prosperous environment for Anaheim
patrons and visitors alike. Unfortunately, the limited hours of operation presently in the CUP is
preventing the Applicant from engaging clients that require additional time for events and guests.
The venue’s lost opportunities include corporate holiday gatherings, family quinceneras,
wedding receptions, and overflow business from the Anaheim Convention Center.
ATTACHMENT NO. 3
Ms. Elaine Thienprasiddhi
April 19, 2018
Page Two
The Applicant’s proposed changes to Condition 1 of the CUP regarding the Hours of Operation
shall be limited to the following:
Banquets and Restaurant
Sunday – Thursday 9am – midnight
Friday – Saturday 9am – 2am
All other conditions would remain unchanged.
According to our review of the communications related to the subject venue, a single party
generates most of the calls for service. During the six-month review on June 27, 2016, City staff
found that all complaints for noise and disturbance investigated by Code Enforcement were
deemed unfounded. The Applicant remains very sensitive to the potential interference with the
quiet enjoyment of his neighbors, and has demonstrated as much by expe nding time, money and
effort to significant ly mitigate the identified impacts. Unfortunately, it is unreasonable for any
resident living close to a busy corridor to expect zero impacts. Here, t he role of the Commission
is to balance the interests of the residents’ expectation of a high quality of life given the
surroundings, while not ignoring the City’s commitment to creat ing a business-friendly
environment. The good news in the instant matter is that the Applicant is a responsible and
cooperative community partner that wants to help address any unintended consequences from his
business.
Previously, staff had concerns with ancillary noise impacts from patrons exiting the subject
venue. It appears that the present parking configuration prevents patrons from parking anywhere
near the sensitive receptors. T hat requirement and any other measures to buffer sound from the
parking lot (i.e. additional vertical landscaping along the south and east perimeters of the subject
property) should help address this concern.
Finally, the Applicant would like his request to amend CUP No. 2010-05486F heard before the
Commission at the ir earliest available date. According to your Planning Commission Hearing
schedule, we are requesting that our request be agendized for June 11, 2018 . We understand that
all document s and information must be submitted by May 1, 2018 in order to be considered and
included in the Staff Report.
Ms. Elaine Theinprasiddhi
April 19, 2018
Page Three
Should you have any quest ions regarding the foregoing, please do not hesitate to contact our
office. Thank you in advance for your consideration.
Sincerely,
VINCENT F. SARMIENTO
Attorney at Law
Cc: Musa Madain
Welcome to
Your ALL in ONE Event Center in Anaheim
2232 S. Harbor Blvd Anaheim CA 92802
Tel: (714) 663 -2100
Website: www.m3live.net
We have two beautiful ballrooms
Grand Ballroom Rose Banquet Room
2232 S. Harbor Blvd Anaheim CA 92802
Tel: (714) 663 -2100
Website: www.m3live.net
Grand Ballroom
Our Grand Ballroom is perfect for any type of event
you wish to host! Our most popular events are
Sweet 15th, Weddings, Corporate Events and
Holiday Parties! When you host an event at M3Live
we always provide all of our clients with delicious
cuisine, friendly staff, security to keep everyone
safe, amazing entertainment and excellent event
venue to celebrate their special day!
Rose Banquet Room
In our Rose Banquet Room we can celebrate smaller and
more intimidate events with a guests count of 130 or
less as banquet style seating. We can also host
seminars, meetings or any type of club event. We can
provide breakfast, lunch or snacks for these events..
Theater
Our Theater is very popular for concerts, corporate meetings,
graduations, and many more events. We include ushers to seat
guests to their seats, security , sound and lighting , large green
rooms for artist, or staff, event manager and every seat at M3Live
has an AMAZING view. If you sit in our ROW A you not only have
the best view but your ticket includes dinner! We welcome you to
visit our theater anytime for a walk thru!
Our Clients
Reviews
Corporate Event
Social Event
Theater Event
Thank you
2232 S. Harbor Blvd Anaheim CA 92802
Tel: (714) 663 -2100
Website: www.m3live.net
Weddings – Sweet 15th – Holiday Parties – Meetings – Concerts – Seminars –
Birthday Parties – Club Reunions – Galas – Charity Events – Life Celebrations
ATTACHMENT NO. 4
ATTACHMENT NO. 5
City of Anaheim
FIRE & RESCUE DEPARTMENT
Community Risk Reduction Division
201 S. Anaheim Blvd.
Suite 300
Anaheim, CA 92805
TEL: 714.765.4000
FAX: 714.765.4008
To: Allen Hogue, Fire Marshal
From: Lindsey Young, Assistant Fire Marshal
Date: May 16, 2018
RE: M3 Live Anaheim Event Center, 2232 S. Harbor Blvd.
On November 13, 2017 Anaheim Fire & Rescue received a complaint that the M3
Live Anaheim Event Center was trying to sell banquet space that exceeded their
approved occupant load.
On December 18, 2017 an annual fire & life safety inspection was conducted by
Fire Inspector Desiree Johannessen. Numerous violations were observed,
including concerns with exiting, fire sprinkler and hydrant maintenance, an
impaired kitchen hood suppression system and combustible storage issues.
Inspector Johannessen issued a correction notice for all violations observed.
On March 13, 2018 Inspector Johannessen conducted a re-inspection of this
occupancy and cleared two minor violations. Abated items included the removal
of live Christmas trees, and the chaining of a compressed gas cylinder. Inspector
Johannessen issued a second notice regarding the remaining 10 violations.
On May 8, 2018 Inspector Johannessen conducted another re-inspection of this
occupancy and cleared violations relating to exit lighting and fire alarm system
maintenance. Inspector Johannessen issued a final notice regarding the remaining
8 violations, however it should be noted that a separate exiting concern was
observed at this site visit, and documented as an additional corrective item to be
tracked separately from the original violations. This final correction notice is
attached to provide additional detail as to which violations currently remain
outstanding. The deadline to abate all outstanding violations is June 8, 2018;
failure to do so may result in further enforcement measures up to and including
the filing of a criminal complaint.
ATTACHMENT NO. 6
ATTACHMENT NO. 7
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M3 LIVE CONCERT
AND EVENT CENTER
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M3 LIVE CONCERT
AND EVENT CENTER
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.