Resolution-PC 2002-141• •
RESOLUTION NO. PC2002-141
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING THE DANCE STUDIO AND PUBLIC DANCE HALL PERMITTED IN
CONNECTION WITH CONDITIONAL USE PERMIT NO. 4114,
AND AMENDING CERTAIN CONDITIONS OF APPROVA~ ADOPTED THEREWITH
WHEREAS, on June 7, 1999, the Anaheim City Planning Commission did, by its Resolution
No. PC99-101, approve Conditional Use Permit No. 4114 to establish conformiry with existing Zoning
Code land use requirements for an existing non-conforming commercial center and liquor store, and to
permit a dance studio and public dance hall within the same commercial center, and with waiver of
minimum number of parking spaces (716 spaces required, 447 spaces proposed); and that Condition No.
3 of said resolution specifies that the dance studio and public dance hall shall expire in one year on May
10, 2000; and
WHEREAS, on May 22, 2000, the Planning Commission did, by its Resolution No.
PC2000-66, reinstate and approve the dance studio and public dance hall for another finro years until May
22, 2002 and amend the conditions of approval; and that Condition No. 1 of said resolution, specifies the
hours of operation of the dance studio and public dance hall shall be:
Private Lessons Public Dancina
Monday: closed closed
Tuesday: 5:00 p.m. -11:00 p.m. none
Wednesday: 5:00 p.m. - 7:30 p.m. 8:00 p.m. - midnight
Thursday: 5:00 p.m. -11:00 p.m. ~ane
Friday: 3:30 p.m. - 7:30 p.m. 8:00 p.m. - midnight
Saturday: 3:30 p.m. - 7:30 p.m. 8:00 p.m. - midnight
Sunday: 3:30 p.m. - 8:30 p.m. none
WHEREAS, the property is developed with a commercial center including EZ Dancing
Company at 3150 West Lincoln Avenue, Suite 128; that the zoning is CL (Commercial Limited); that the
property is located in the West Anaheim Commercial Corridors Redevelopment Project Area; and that
the Anaheim General Plan Land Use Element designates the properry for General Commercial land uses;
and
WHEREAS, pursuant to Section 18.03.093 of the Anaheim Municipal Code the petitioner
has requested reinstatement of the dance studio and public dance hall (which uses expired on May 22,
2002) within the commercial center, amendment to the parking waiver (765 spaces required, 399 spaces
proposed), and modification of Condition No. 1 pertaining to the permitted hours of operation, as follows:
Private Lessons Public Dancinq
Monday: closed closed
Tuesday through Sunday: 5:00 p.m. - 7:30 p.m. 7:30 p.m. - midnight
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 15, 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 that the public hearing was continued to the
August 26 and September 23, 2002 Planning Commission meetings; 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:
Tracking No. CUP2002-04564
CR5466DM.doc -1- PC2002-141
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1. That the use proposed to be reinstated is properly one for which conditional use permit is
authorized by Zoning Code Sections 18.44.050.155 and 18.44.050.207, to wit: a dance studio and public
dance hall within a commercial center, with the following waiver:
Sections 18.06.050.020.021.0212 - Minimum number of oarkinq spaces.
18.06.050.020.022 756 spaces required;
18.06.050.020.026.0263 399 spaces proposed and concurred with by the City Traffic and
18.06.80 Transportation Manager)
and 18.44.066.050
2. That the parking waiver, under the conditions imposed and based on the conclusions
contained in the submitted parking demand study described in paragraphs (15) and (16) of the
September 23, 2002 Staff Report to the Planning Commission, will not cause fewer off-street parking
spaces to be provided for the proposal than the number of spaces necessary to accommodate all
vehicles attributable to the dance studio and commercial complex under the normal and reasonably
foreseeable conditions of operation of such use.
3. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposal, or the
demand and competition for parking spaces upon adjacent private property in the immediate vicinity of
the proposal.
4. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the proposal.
5. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposal.
6. That the proposal, as reinstated and amended, will not adversely affect the adjoining land
uses, including nearby residential uses, and the growth and development of the area in which it is
located; that the dance studio and public dance hall have operated in substantially the same manner as
originally approved by the Planning Commission; and that the petitioner has taken significant steps to
conform with the conditions of approval, as evidenced by information provided by the Code Enforcement
Division and discussed in the September 23, 2002 Staff Report to the Planning Commission.
7. That the size and shape of the site for the proposal, as reinstated and 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.
8. That the traffic generated by the use, as reinstated and amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
9. That reinstating the use, under the conditions imposed, wili not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
10. 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.
11. That this conditional use permit 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.
12. 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 a dance studio and public dance hall within a
commercial center with waiver of minimum number of parking spaces and including modification of a
condition of approval pertaining to hours of operation on property located at 3150 West Lincoln Avenue;
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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 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 amend Resolution No. PC99-101, as previously amended and adopted in connection with
Conditional Use Permit No. 4114, to reinstate the dance studio and public dance hall within a commercial
center, and to amend the waiver of minimum number of parking spaces; and
BE IT FURTHER RESOLVED that the conditions of approval are hereby amended in their
entirety to read as follows:
That the dance studio/public dance hall portion of Conditional Use Permit No. 4114 shall expire on
December 15, 2006.
That the hours of operation for the dance studio and public dance hall shall be limited to the following:
Private Lessons Public Dancinq
Monday: closed closed
Tuesday through Sunday: 5 p.m. - 7:30 p.m. 7:30 p.m. - midnight
3. 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.
4. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
5. 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.
6. That any activity described in Section 18.89 of the Anaheim Municipal Code as a"sex-oriented
business" shall not be permitted on these premises.
7. That a Public Dance Permit shall be obtained from the Business License Division of the City of
Anaheim Finance Department; and that all public dance activities shall be conducted in compliance
with Chapter 4.16 of the Anaheim Municipal Code pertaining to public dance halls.
8. That no alcoholic beverages shall be sold or consumed on the premises.
9. That a maximum of fifty (50) patrons shall be permitted on the premises at any time.
10. That no live bands shall be permitted on the premises.
11. That noise levels associated witf~ dance lessons and/or public dancing activities shall be in compliance
with Code Section 6.70 and 6.72 pertaining to maximum permitted sound pressure levels and amplified
sound.
12. That, as stipulated by the petitioner, 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.
13. That the 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 Revision 1 of Exhibit No. 1 and Exhibit No. 2, and as conditioned herein.
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14. 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.
LiQUOr Store with sale of alcoholic bevera4es for off-premises consumption
15. That no window signs shall be permitted at any time to allow unobstructed visibility of the store interior
from outside.
16. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject
property.
17. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside
the building; and that any such advertising shall not be audible either inside or outside the building.
18. That no alcohofic beverages shall be consumed on the premises.
19. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any
public entrance to the building.
20. That no person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic
beverages.
21. fihat no required-parking area sha4~ be #gnced-or--otherwise enclosed for stora_ ge or other outdoor use.
Commercial Retail Center
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 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 dies.
24. That roof-mounted balloons and other inflated devices shall not be permitted.
25. That all trash generated by this commercial 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 sha11 be as frequent as necessary to ensure the sanitary handling and timely removal of 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.
26. That the parking lot serving the premises shall be equipped and maintained 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.
27. That no exterior vending machines which are visible off-site shall be permitted.
28. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned for the
purpose of providing increased visibility of the facility.
29. That three (3) foot high street address numbers shall be displayed and maintained on the roof of the
building in a contrasting color to the roof material. The numbers shall not be visible to streets or
adjacent properties.
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30. That any existing or proposed roof-mounted equipment shall be conform with the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the "CL" Commercial, Limited Zone.
31. 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.
32. (a) That signage for subject facility shall be limited to the legal existing signs as of the date of this
resolution.
(b) That a sign plan showing (i) how the westerly sign on the Lincoln Avenue frontage will be
refurbished and (ii) that the other existing signs conform with current Code standards shall be
submitted to the Zoning Division for review and approval by the Planning Commission as a
"Reports and Recommendations" item.
(c) That any additional signs shall be subject to review and approval by the Planning Commission as
a "Reports and Recommendations" item.
33. That the owner of this commerciai retail center shall be responsible for maintaining the premises free of
litter at all times.
34. 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.
35. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department.
36. That all public telephones shall be located inside the building.
37. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted.
38. That the 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 Revision 1 of Exhibit No. 1 and Exhibit No. 2, and as conditioned herein.
39. 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
September 23, 2002.
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CHAIRPERSON, A HEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 September 23, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this d?~ da of
~ (~-~ .~ ~ , 2002. y
~ t~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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