Resolution-PC 2001-13i
RESOLUTION NO. PC2001-13
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4061
FOR TWO (2) YEARS TO EXPIRE NOVEMBER 23, 2002
(CUP Tracking No. 2001-04301)
WHEREAS, on November 23, 1998 the Planning Commission adopted Resolution No.
PC98-185 to grant Conditional Use Permit No. 4061 and permit a 3,400 sq.ft. public dance hall with
waiver of minimum number of parking spaces at 1652 W. Lincoln Avenue and to establish conformity with
existing zoning code land use requirements for the existing commercial shopping center; and
WHEREAS, on January 3, 2000 the Planning Commission adopted Resolution No.
PC2000-02 to amend said Resolution No. PC98-185 and reinstate Conditional Use Permit No. 4061 for
an additiona! period of time until November 23, 2000; and
WHEREAS, this property is developed with a 16,900 square foot 4-unit commercial
shopping center in the CL (Commercial, Limited) zone; that the City of Anaheim General Plan Land Use
Element designates the property for General Commercial land uses; and that the property is located in
the Plaza Redevelopment Project area; and
WHEREAS, the petitioner has requested reinstatement of this use permit (which expired on
November 23, 2000} to retai~ the public dance hall..
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 17, 2001, 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 use as proposed to be reinstated is properly one for which a conditional use permit
is authorized by the Anaheim Municipal Code.
2. That reinstating this conditional use permit, as conditioned herein, to permit the use for an
additional period of time will not adversely affect the adjoining land uses and the growth and development
of the area in which it is located; and that the land uses in the immediate vicinity have not changed since
the original issuance of the use permit; and that because this public dance hall is being operated in a
responsible manner, staff is supportive of a reinstatement period longer than one year.
3. That all physical aspects of the building have remained the same since issuance of this
conditional use permit; that the nature of the business has not changed since issuance of the use permit;
and that the conditions of approval have been complied with.
4. That the Code Enforcement Division indicates there are no pending violations for this
property; and that a site inspection revealed the property is being maintained in a satisfactory manner.
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5. That the use permit is being exercised in a manner not detrimental to the surrounding land
uses as evidenced by Code Enforcement and Police Department memorandums.
6. That the size and shape of the site for the use as proposed to be reinstated 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.
7. That the traffic generated by the use as proposed to be reinstated will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
8. That reinstating this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
9. That this use permit is being exercised substantially in the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
10. That this use permit is being exercised in a manner not detrimental to the particular area
and surrounding land uses, nor to the public peace, health and safety and general welfare.
11. That modification of the time limitation is necessary to continue operation of this business.
12. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALEFORN+A EN!lIRONMEN~AL QIIALITY RCT FINDENG: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4061 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 lead 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 Anaheim City Planning Commission does
hereby reinstate Conditional Use Permit No. 4061 to retain a 3,400 sq.ft. public dance hall with waiver of
minimum number of parking spaces for a period of two (2) years to expire on November 23, 2002;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. PC98-185 adopted in connection with
Conditional Use Permit No. 4061, as amended, to read as follows:
That subject use permit shall expire on November 23, 2002.
2. That this public dance hall shall comply with the requirements of Chapter 6.70 (Sound Pressure
Levels) of the Anaheim Municipal Code.
3. That at all times when dancing is permitted, adequate security measures shall be provided to deter
unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly
and movement of persons and vehicles, and to prevent disturbance of the neighborhood by
excessive noise created by patrons entering or, leaving the premises. The business operator shall
provide a minimum of four (4) security guards at all times or any other number of security guards as
determined to be appropriate by the Anaheim Police Department.
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4. That any and all security officers shall comply with all State and Local ordinances regulating their
services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and
Professions Code.
5. That the operator of any business under this conditional use permit shall not be in violation of any
provision of the Anaheim Municipal Code, or any State or County Ordinance.
6. That dancing shall commence no earlier than 6:00 p.m. nor continue beyond 1:00 a.m. of the same
evening.
7. That the number of persons attending any event shall not exceed the maximum occupancy load as
determined by the Anaheim Fire Department. Signs specifying the maximum occupant load shall be
posted and maintained in a conspicuous place on an approved sign near the main entrance/exit from
the room.
That the doors shall remain closed at all times when entertainment is permitted, except during times
of entry or exit, or for emergencies or deliveries.
That the business shall not be operated in a manner detrimental to the public health, safety or
welfare.
10. That all entertainers and employees shall be clothed in such a way so as not to expose "specified
anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code.
14. That alE #loor spaces provided for dancing shall be free o~ any furniture or partitions and mai~tained
in a smooth and safe condition.
12. That any violation of this petition, or any attached conditions, shall be sufficient grounds to revoke
this conditional use permit.
13. That signage for subject facility shall be limited~to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission. Any additional signs shall be subject to
review and approval by the Planning Commission as a"Reports and Recommendations" item.
14. That there shall be no outdoor storage of vehicles in any required parking area.
15. That no roof-mounted equipment shall be permitted unless screened in accordance with Code
requirements.
16. That the front landscaped planter shall be maintained in accordance with approved plans and in
healthy condition. Any trees or other live plant material that become diseased or dies shall be
replaced in a timely manner.
17. That this public dance hall shall be operated in accordance with the following rules, as stipulated to
by the petitioner:
(a) No one under the influence of alcohol or drugs shall be admitted.
(b) Absolutely no alcohol shall be served or permitted on the premises.
(c) No "in and ouY' privileges shall be allowed.
(d) No smoking shall be permitted on the premises.
(e) No backpacks shall be permitted.
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18. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. That chain link fence surrounding the area
shall be maintained with PVC slats.
19. That the rear of this property shall permanently be maintained free of debris, litter, and overgrown
vegetation.
20. 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 No. 1, and as conditioned herein.
21. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 17, 2001. _ _
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
ElTY P1r4NNlNG COMM4SS10N
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 January 17, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3 day of
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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