Resolution-PC 2000-66• •
RESOLUTION NO. PC2000-66
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4114
FOR TWO (2) YEARS TO EXPIRE MAY 22, 2002,
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-101
ADOPTED THEREWITH
(tracking number Conditional Use Permit No. 2000-04209)
WHER~AS, on June 7, 1999, the Planning Commission adopted Resolution No. PC99-101
to approve Conditional Use Permit No. 4114 to establish conformity with existing Zoning Code land use
requirements for an existing non-conforming commercial retail center and liquor store and to permit a
dance studio and public dance hall within the same commercial center with waiver of minimum number of
parking spaces on property located at 3150 West Lincoln Avenue, Suite 128; and
WHEREAS, said Resolution No. PC99-101 contains the following condition of approval:
That the dance studio and pu~lic dance hall shall expire one (1) year from the date
of this resolution, on May 10, 2000.
WHEREAS, this property is developed with an 80,513 sq.ft. commercial retail center with
18 tenant spaces, including subject business (EZ Dancing Company); that this property is zoned CL
(Commercial, Limited); that the property is located within Community Planning Area No. 3 and the West
Anaheim Commercial Corridors Redevelopment Project Area; and that the Anaheim General Plan
designates this property for General Comm;ercial land uses; and
WHEREAS, the petitioner requests reinstatement of this conditional use permit under the
authority of Code Section 18.03.093 to retain the existing dance studio and public dance hall within a
commercial retail center; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 22, 2000, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said 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. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That this facility has been operating in the approved manner and in compliance with the
conditions of approval.
3. That this facility is being operated in a manner not detrimental to the surrounding
properties, nor to the health, safety and well being of the citizens of Anaheim.
4. That Code Enforcement Division records indicate no violations over the past year
pertaining to this dance hall operation.
5. That this facility is being maintained in good condition and is not be a detriment to the
surrounding community.
CR3974MS.DOC -1- PC2000-66
• •
6. That because of the lack of criminal activity and calls for service in connection with this
business, the Anaheim Police Department recommends reinstatement of this use permit.
7. That the proposal, including the imposition of new conditions, is reasonably necessary to
protect the public peace, health, safety and general welfare.
8. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
9. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
10. That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain an existing dance studio and public dance hall
within a commercial retail center on a 1.21-acre irregularly-shaped property located south and east of the
southeast corner of Lincoln Avenue and Western Avenue, having frontages of 430 feet on the south side
of Lincoln Avenue and 310 feet on the east side of Western Avenue, and further described as 3150 West
Lincoln Avenue, Suite 128 (EZ Dancing Company); and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4114 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the leiad agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby
reinstate Conditional Use Permit No. 4114 to permit a dance studio and public dance hall at 3150 West
Lincoln Avenue, Suite 128, for two 2 years to expire May 22, 2002; and
BE IT FURTHER RESOLVED that the Commission does hereby amend, in their entirety,
the conditions of approval of Resolution No. PC99-101, adopted in connection with Conditional Use
Permit No. 4114, to read as follows:
DANCE STUDIO AND DANCE HALL
That the hours of operation for the dance studio and public dance hall shall be limited to the
following, as stipulated to by the petitioner:
Private lessons
Monday: closed
Tuesday: 5:00 - 11:00 p.m.
Wednesday: 5:00 - 7:30 p.m.
Thursday: 5:00 - 11:00 p.m.
Friday: 3:30 - 7:30 p.m.
Saturday: 3:30 - 7:30 p.m.
Sunday: group lessons: 3:30 to 8:30 p.m
Public dancinq
closed
none
8:00 - 12:00 a.m.
none
8:00 - 12:00 a.m.
8:00 - 12:00 a. m.
none
2. That the rear door located on the east wall of this tenant space (3150 West Lincoln Avenue, Suite
128) shall be used for emergency exiting purposes only and shall remain closed during hours of
operation.
-2- PC2000-66
• •
3. That the dance studio and public dance hall shall expire two (2) years from the date of this
resolution, on May 22, 2002.
4. That any activity described in Section 18.89 of the Anaheim Municipal Code as a"sex-oriented
business" shall not be permitted on tliese premises.
5. That all public dance activities shall be conducted in compliance with Chapter 4.16 of the Anaheim
Municipal Code pertaining to public d;ance halls.
6. That no alcoholic beverages shall be sold or consumed on the premises.
7. That a maximum of fifty (50) patrons shall be permitted on the premises at any single time.
8. That no live bands shall be permitted on the premises.
9. That noise levels associated with dance lessons and/or public dancing activities shall be in
compliance with Code Sections 6.70 and 6.72 of the Anaheim Municipal Code pertaining to
maximum permitted sound pressure I'evels and amplified sound.
10. That security guards shall be provided for the dance studio/public dance hall during all public dance
hall hours to the satisfaction of the Anaheim Police Department, as stipulated by the petitioner.
LIQUOR STORE WITH SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION
11. That no window signs shall be permlitted at any time in order to maintain unobstructed visibility of
the store interior from outside.
12. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
13. That no advertising of alcoholic beverages shall be located, placed or attached to any location
outside the building; and that no advertising shall not be audible either inside or outside the
building.
14. That no alcoholic beverages shall be consumed on the premises.
15. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of
any public entrance to the building.
16. That no person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic
beverages.
17. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
COMMERCIAL RETAIL CENTER
18. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
19. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
20. That roof-mounted balloons or other inflated devices shall not be permitted.
21. That all trash generated by this corramercial retail center shall be properly contained in trash bins
contained within approved trash enclosures. The number of bins shall be adequate and the trash
pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of
-3- PC2000-66
~ ~
refuse from the property. The Code Enforcement Division of the Planning Department shall
determine the need for additional bins and/or additional pick-up. All costs for increasing the number
of bins or frequency of pick-up shall be paid for by the business owner.
22. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of adjacent properties, and that said lighting information
shall be specified on plans submitted to the Community Services Division of the Police Department
and the Zoning Division of the Planning Department for review and approval.
23. That no exterior vending machines, vu~hich are visible off-site, shall be permitted.
24. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned so as
to increase visibility of the facility.
25. That any existing or proposed roof=mounted equipment shall conform with the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the "CL" Commercial, Limited Zone.
Such information shall be specifically shown on plans submitted for Zoning and Building Division
approval.
26. That the number of tenant spaces shall be limited to twenty one (21) units as shown on the exhibits
submitted by the petitioner and approved by the Planning Commission.
27. That the owner of this commercial retail center shall be responsible for maintaining the premises
free of litter at all times.
28. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be planted by the property owner within the public rights-of-way adjacent to Western Avenue
and Lincoln Avenue. The size, type and number of trees shall be provided to the satisfaction of the
Urban Forestry Division.
29. That all public telephones shall be located inside the building.
30. That no outdoor storage, display or sale of inerchandise or fixtures shall be permitted.
31. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 2926 (to permit on-sale beer and wine in an existing restaurant) and
Conditional Use Permit No. 3003 (to permit on-sale alcohol in an enclosed restauranUpublic dance
hall).
32. That subject property shall be developed substantially 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 Exhibit Nos. 1 and 2, and as conditioned herein.
33. 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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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..
-4- PC2000-66
• •
May 22, 2000.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
,E:~ G~'~~L~
CFiAIRPERSON, ANAHEIM ITY PLANNING COMMISSION
ATTEST:
~ ~l~'
SECRETAR , A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 22, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000.
Q7u~f0.J ~.o~
SECRETARY, HEIM CITY PLANNING COMMISSION
_5_ PC2000-66