Resolution-PC 2001-30~ .
RESOLUTION NO. PC2001-30
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2090
FOR SIX (6) MONTHS TO EXPIRE AUGUST 2, 2001
(CUP Tracking No. 2001-04326)
WHEREAS, on June 2, 1980, the Planning Commission adopted Resolution No. PC80-92
to approve Conditional Use Permit No. 2090 and permit a public dance hall at 1160 North Kraemer
Boulevard in the ML (Limited Industrial) zone; and
WHEREAS, on August 26, 1991, the Planning Commission adopted Resolution
No. PC91-134 to amend certain conditions of approval; and
WHEREAS, on July 24, 1995, the Planning Commission adopted Resolution No. PC95-87
to amend a condition of approval and permit the use until August 27, 1997; and
WHEREAS, on September 12, 1995, the City Council adopted an ordinance reclassifying
the area including subject property from the ML zone to Specific Plan No. 94-1 (the Northeast Area
Specific Plan), Development Area 3(La Palma Core Area); and that the Zoning and Development
Standards adopted for Development Area 3(Section 18.110.080 of the Anaheim Municipal Code) do not
include "public dance halls" as a permitted use; and
WHEREAS, on September 30, 1996, the Planning Commission adopted Resolution
No. PC96-101 to modify the conditional use permit by adding new conditions, including a time limitation
for the use; and
WHEREAS, on August 3, 1998, the Planning Commission adopted Resolution
No. PC98-118 to reinstate the conditional use permit for one year to expire August 27, 1999; and
WHEREAS, on August 2, 1999, the Planning Commission adopted Resolution
No. PC99-141 to reinstate the conditional use permit for six months to expire February 2, 2000; and
WHEREAS, on January 31, 2000, the Planning Commission adopted Resolution
No. PC2000-12 to reinstate the conditional use permit for one year to expire February 22, 2001; and
WHEREAS, this property is developed with a restaurant/public dance hall (The Shack)
located in Development Area 3(La Palma Core Area) of the Northeast Area Specific Plan (SP 94-1); that
the property is also located in the Project Alpha Northeast Redevelopment Area; and that the General
Plan Land Use Element designates this property for General Industrial land uses; and
WHEREAS, the petitioner has requested a three-year reinstatement of this use permit
(which contains a condition of approval pertaining to a time limitation that expired on February 2, 2001) to
retain a public dance hall and sale of alcoholic beverages for on-premises sale and consumption and live
entertainment in conjunction with a restaurant under authority of Code Section 18.03.093; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 12, 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
CR5033PK.doc -1- PC2001-30
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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 proposed to be reinstated is not listed in the Zoning Code as being a
permitted use in Development Area 3(La Patma Core Area) of the Northeast Area Specific Plan (SP 94-
1).
2. That all physical aspects of the property remain the same as when this use permit was
originally approved; that surrounding land uses in the immediate vicinity have not changed; and that the
petitioner has complied with the conditions of approval.
3. That the Anaheim Police Department has noted one occasion of violation of the conditions
of approval (consumption of alcoholic beverages in the outdoor patio as described in paragraph no. (14)
of the Staff Report to the Planning Commission dated March 12, 2001); and that subsequent inspection
by Code Enforcement staff indicates that the property is currently demonstrating compliance with all
conditions of approval.
4. That although there has been a recent increase in criminal incidents at this location (as
described in paragraph (12) of the Staff Report), on balance this use is being exercised in a manner
which is not detrimental to the surrounding areas or land uses, nor to the public peace, health, safety and
general welfare; and, therefore, a reinstatement period of six months (instead of three years, as
requested) is justified.
5. That reins~ating the use, under the conditions irnposed, wil4 Flot adversely affect adjoining
land uses and the growth and development of the area in which it is located because the public dance
hall/entertainment use is primarily conducted in the evenings when most of the surrounding industrial
businesses are closed.
6. That without modification of the time limitation, the dance hall portion of this restaurant
facility would not be allowed at this location due to changes in the Zoning Code, including reclassification
of the property from the ML (Limited Industrial) zone to Development Area (La Palma Core Area) of the
Northeast Area Specific Plan No. 94-1.
7. That one concerned person indicated their presence at the public hearing; that no one
indicated their presence 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 reinstate this use permit and to amend a condition of
approval pertaining to a time limitation in order to retain a public dance hall and sale of alcoholic
beverages for on-premises sale and consumption and live entertainment in conjunction with a restaurant
at 1160 North Kraemer Boulevard (The Shack); and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 2090 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 substantiaf 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. 2090 to retain a public dance hall and sale of alcoholic
beverages for on-premises consumption and live entertainment in conjunction with a restaurant for a
period of six (6) months to expire on August 2, 2001;
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AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend, in their entirety, the conditions of approval of Resolution No. PC80-92, as adopted in
connection with Conditional Use Permit No. 2090 and as amended, to read as follows:
That the public dance hall use shall expire on August 2, 2001.
2. That if the "public dance hall" use expires, said use witl no longer be permitted at this location
because a"public dance hall" is not a permitted use in Development Area 3(La Palma Core Area)
of Specific Plan 94-1 (the Northeast Area Specific Plan) in which zone the subject property is
located.
That the outdoor patio area may be used by patrons for seating and smoking purposes only. That
no other outdoor activities, including but not limited to dining, drinking, entertainment, dancing, etc.,
shall be permitted in the outdoor patio area.
4. That the number of persons attending any event at this property shall not exceed the maximum
occupancy load as determined by the Anaheim Fire Department. Signs indicating the maximum
occupancy shall be prominently displayed and maintained inside the premises.
5. That the property owner shall provide any new business operator/owner with the conditions of
approval contained in this resolution.
6. That the sale of any type of alcoholic beverages for consumption off the premises shall be
prohibited.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of proper permits as required by the Anaheim Municipal Code.
8. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties and shall conform to the City of Anaheim Noise
Ordinance.
9. That all doors serving subject establishment shall comply with the requirements of the Uniform Fire
Code and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, deliveries and in cases of emergency.
10. That at all times when entertainment or dancing is permitted, uniformed security guards shall be
provided to the satisfaction of the Anaheim Police Department 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 to the neighborhood by excessive noise created by
patrons entering or leaving the premises.
11. (a) 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 windows of nearby businesses.
(b) That within one (1) month from the date of this resolution, a lighting plan for the northeast
corner of the property shall be submitted to the Community Services Division of the Police
Department for review and approval.
12. That there shall be no pool tables, amusement devices, or games maintained within subject
establishment without issuance of proper permits as required by the Anaheim Municipal Code.
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13. That the business operator shall comply with Section 24200.5 of the Business and Professions
Code so as not to employ or permit any persons to solicit or 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.
14. That there shall be no public telephones on the premises, which telephones are located outside the
building.
15. That this establishment shall be operated as a"bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
16. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control (ABC) and approved by the City of Anaheim.
17. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
18. That the alcoholic beverage license for this business shall not be exchanged for a"public premises"
(bar) type license nor shall the establishment be operated as a"public premises" as defined in
Section 23039 of the California Business and Professions Code.
19. That the sale of any type of alcoholic beverages shall not exceed forty percent (40%) of the gross
sales of all retail sales during any three (3) month period. The applicant shall maintain records on a
qua~terly basis indicating the separate amounts of sales of any type of alcoholic beverages and
other items. These records shall be-Fnade available; subject to audit and, when requested,
inspection by any City of Anaheim official during reasonable business hours.
20. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages.
21. That the operator of subject facility shall pay for the cost of any Code Enforcement inspections
which may be required to address Code violations or violations of these conditions of approval.
22. That there shall be no direct pedestrian access to the outdoor patio area from outside the building.
All access to this area shall be solely through the restaurant. Further, that a sign snall be posted at
the entrance to the patio stating that this area shall be used for seating and smoking purposes only
and that no dining, drinking or dancing shall be permitted in the patio.
23. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
24. That this reinstated use shall comply with all signing requirements of Specific Plan No. 94-1 (the
Northeast Area Specific Plan), Development Area 3(La Palma Core Area) unless a variance
allowing sign waivers is approved by the Planning Commission or City Council.
25. That a valid business license issued by the Anaheim Business License Division of the Finance
Department shall be maintained for this business.
26. That this resolution shall be permanently posted in an obvious location within the employee work
area to serve as a reminder of the conditions of approval contained herein.
27. That three (3) foot high street address numbers shall be maintained and displayed on the roof of
the building in a color contrasting to the roof material. The numbers shall not be visible to the street
or adjacent properties.
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28. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
29. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
30. That all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
31. 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 area(s) shall be designed, located and screened so as not to
be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers or tall shrubbery.
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 No. 1, 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 #he request Fegarding any other applicable ordiFlance; r-egulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 12, 2001. ~ /J n
ATTEST:
CHAIRPER/5~7N, ANAHEIM CITY PLANNING COMMISSION
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SECRETARY, ANAHEIM CITY PLANNING COM SSION
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 March 12, 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 ~~S day of
1~-c,P~ , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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