Resolution-PC 2002-114• •
RESOLUTION NO. PC2002-114
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2090, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-126,
ADOPTED THEREWITH
WHEREAS, on June 2, 1980, the Anaheim City Planning Commission, by its Resolution
No. PC80-92, approved Conditional Use Permit No. 2090 to permit a public dance hall at 1460 North
Kraemer Boulevard in the ML (Limited Industrial) Zone; and
WHEREAS, on August 26, 1991, the Planning Commission, by its Resolution No. PC91-
134, amended certain conditions of approval adopted in connection with Conditional Use Permit No.
2090; and
WHEREAS, on July 24, 1995, the Planning Commission, by its Resolution No. PC95-87,
amended a condition of approval adopted in connection with Conditional Use Permit No. 2090 to permit
the use until August 27, 1997; and
WHEREAS , on September 12, 1995, the City Council adopted and ordinance reclassifying
the area including subject property from the ML Zone to Development Area 3(La Palma Core Area) of the
Northeast Area Specific Plan No. 94-1 (SP94-1); and that the Zoning and Development standards
adopted for said Development Area 3(Section 18.110.080) do not include "public dance halls" as a
permitted use; and
WHEREAS, on September 30, 1996, the Planning Commission, by its Resolution No.
PC96-101, modified Conditional Use Permit No. 2090 by adding new conditions, including a time
limitation for the use; and
WHEREAS, the Planning Commission subsequently adopted five resolutions (Nos. PC98-
118, PC99-141, PC2000-12, PC2001-30 and PC2001-126) to reinstate the public entertainment use
(public dance hall), which is accessory to the restaurant with sale of alcoholic beverages for on-premises
consumption, for additional periods of time; and that Condition No. 1 of the most recent resolution (No.
PC2001-126) specifies that the accessory public entertainment shali expire on August 27, 2002; and
WHEREAS, this property is developed with a restaurant/public dance hall (The Shack);
that the property is located in Development Area 3(La Palma Core Area) of the Northeast Area Specific
Plan No. 94-1 (SP94-1); and that the Anaheim General Plan designates the property for General
Industria! land uses; and
W HEREAS, the petitioner has requested reinsiatement ofi this conditionai use permii io
retain accessory public entertainment in connection with the existing restaurant with sale of alcoholic
beverages for on-premises consumption pursuant to Code Section 18.03.093 of the Anaheim Municipal
Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 29, 2002, 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:
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1. That the use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located; that recent inspection by Code Enforcement
Division staff indicates the property is in compliance with all the conditions of approval; and that although
there has been an increase in the crime rate for this reporting district, on balance this use permit 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, further, that the accessory public entertainment is
primarily conducted in the evenings when most of the surrounding industrial businesses are closed.
3. That the size and shape of the site for the use, as amended, 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.
4. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
5. 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.
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
_._-___ ____ _7_.__...__T_hatthis_cQOditional_use ~ermit is being_ exercised in a manner not detrimental_to_ the ____._ ________ _
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVfRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain accessory public entertainment (a public dance
hall) in connection with an existing restaurant with sale of alcoholic beverages for on-premises
consumption on property consisting of 0.9 acre having a frontage of 175 feet on the east side of Kraemer
Boulevard and a maximum depth of 216 feet, being located 242 feet south of the centerline of Coronado
Street, and further described as 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
co~sidered the previously approved Negat9ve Declarat9on togsther with any comments rscs9vsd 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 amend Resolution No. PC2001-0126, adopted in connection with Conditional Use Permit No.
2090, to reinstate this conditional use permit, and to amend the resolution in its entirety and replace it with
a new resolution therein to read as follows:
1. That the accessory public entertainment shall expire on August 27, 2003.
2. That the outdoor patio area may be used by patrons for seating and smoking purposes only; and
that no other outdoor activities, including but not limited to dining, drinking, entertainment, dancing,
etc., shall be permitted on this property.
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3. That the number of persons attending any event at this property shall not exceed the maximum
occupancy load determined by the Anaheim Fire Department. Signs specifying the maximum
occupancy shall be prominently displayed inside the premises.
4. That the property owner shall provide any new business operator/owner with the conditions of
approval contained in this resolution.
5. That the sales of any type of alcoholic beverages for consumption off the premises shall be
prohibited.
6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without the prior issuance of the proper permits required by the Anaheim Municipal Code.
7. 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's noise ordinance (Chapter
6.70 "Sound Pressure Levels" of Title 6"Public Health and Safet~' of the Anaheim Municipal Code).
8. 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.
9. 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.
10. 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.
11. That there shall be no pool tables, amusement devices or games maintained within subject
establishment without the prior issuance of proper permits as required by the Anaheim Municipal
Code.
12. That the business operator shall comply with Section 24200.5 of the State of California 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.
13. That no public telephones on the premises shaii be iocated outside the buiiding.
14. That this establishment shall be operated as a"bona fide public eating place" as defined by Section
23038 of the State of California Business and Professions Code.
15. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
16. 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.
17. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type
license nor shall the establishment be operated as a public premise as defined in Section 23039 of
the State of California Business and Professions Code.
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18. That the sale of any type of alcoholic beverage 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
quarterly basis indicating the separate amounts of sales of any type of alcoholic beverages and
other items. These records shal~ be made available, subject to audit and, when requested, subject
to inspection by any City of Anaheim o~cial during reasonable business hours.
19. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from inside the building, promoting or indicating the availability of alcoholic beverages.
20. That the operator of subject facility shall pay the cost for any Code Enforcement inspections which
may be required to address Code violations or violations of these conditions of approval.
21. That there shall be no direct pedestrian access to the outdoor patio area from outside the building.
All access to the patio area shall be solely through the restaurant. Further, that a sign shall 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 outdoor patio.
22. 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 finrenty
four (24) hours from time of occurrence.
23. That this proposal shall comply with all sign regulations of Development Area 3(La Palma Core
Area) of the Northeast Area Specific Plan No. 94-1 (SP94-1), unless a variance allowing sign
waiver(s) is approved by the Planning Commission or City Council.
24. That a valid business license from the Business License Division of the City of Anaheim Finance
Department shall be maintained for this business.
25. 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.
26. That three (3) foot high street address numbers shall be maintained and displayed on the roof of the
building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent
street or properties.
27. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
28. 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.
29. That all existing mature landscaping shall be maintained and immediateiy replaced in the event that
it becomes diseased or dies.
30. That trash storage area(s) shall be provided and maintained in Iocation"Q 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 plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery.
31. 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.
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32. 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.
July 29, 2002.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
a~
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~1.,P~f~+~c.~~.Ge
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM }
I, Eleanor Fernandes, 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 July 29, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT, VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this /2Z day of
v < , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
Tracking No. CUP2002-04571
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