Resolution-PC 2003-15• •
RESOLUTION NO. PC2003-15
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4061,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-185,
AS AMENDED BY RESOLUTION NOS. PC2000-2 AND PC2001-13,
ADOPTED THEREWITH
WHEREAS, on November 23, 1998, the Anaheim City Planning Commission did, by its
Resolution No. PC98-185, grant Conditional Use Permit No. 4061 to establish conformity with existing
Zoning Code land use requirements for an existing commercial shopping center and to permit a 3,400
square foot public dance hall at 1652 West Lincoln Avenue with waiver of minimum number of parking
spaces; and that Condition No. 20 of said resolution specifies that the use permit shall expire one year
from the date of the resolution, on November 23, 1999; and
WHEREAS, on January 3, 2000, the Planning Commission did, by its Resolution No.
PC2000-2, reinstate and approve Conditional Use Permit No. 4061; and that the conditions of approval
were amended, including Condition No. 20 which specifies that the use permit shall expire on November
23, 2000; and
WHEREAS, on January 17, 2001, the Planning Commission did, by its Resolution No.
PC2001-13, reinstate and approve Conditional Use Permit No. 4061; and that the conditions of approval
were amended in their entirety, including Condition No. 1 which specifies that the use permit shall expire
on (ctovember 23, 2002; artd - _ _
WHEREAS, this property is developed with a 4-unit, 16,900 square foot, commercial
shopping center including subject public dance hall (Chain Reaction) at 1652 West Lincoln Avenue; that
the underlying zoning is CL (Commercial, Limited); that the Anaheim General Plan 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 conditional use permit to
retain the public dance hall with waiver of minimum number of parking spaces 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 January 27, 2003, 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 proposed to be reinstated is properly one for which a conditional use permit
is authorized by the Zoning Code.
2. That the use, as reinstated, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
Tracking No. CUP2002-04649
cr\PC2003-015.doc -1- PC2003-15
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3. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimentai to the particular area nor to the peace, health, safety and general
welfare.
4. That the tra~c generated by the use, as reinstated, will not irnpose 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. 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.
8. 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 public dance hall on property consisting of
1.3-acre having a frontage of 220 feet on the south side of Lincoln Avenue and a maximum depth of 260
feet, being located 440 feet east of the centerline of Euclid Street, and further described as 1652 West
Lincoln Avenue (Chain Reaction); and does hereby find that the Negative Declaration previously
approved in cortneetion witM Eonditior~aE ll~e Pe~~-it lVa. 406'~ is adequat€ to serve- as the requlred
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 and approve Conditional Use Permit No. 4061;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend
Resolution No. PC98-185, as amended by Resolution Nos. PC 2000-2 and PC2001-13, and adopted in
connection with Conditional Use Permit No. 4061, to amend the conditions of approval in their entirety to
read as follows:
That this conditional use permit shall expire on November 23, 2005.
2. That there shall be no public telephones, which are located outside the building, on the premises.
3. That this public dance hall shall comply with the requirements of Chapter 6.70 `Sound Pressure
Levels' of the Anaheim Municipal Code.
4. 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.
5. 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.
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6. 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.
7. That dancing shall commence no earlier than 6:00 p.m. nor continue beyond 1:00 a.m. of the same
evening.
8. That the numbers of persons attending events 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 exit from the
premises.
9. That doors shall remain closed at all times when entertainment is permitted, except during times of
entry or exit, emergencies, or deliveries.
10. That the business shall not be operated in a manner detrimental to the public health, safety or
welfare.
11. 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 (Public Nudity - Prohibited) of the Anaheim
Municipal Code.
12. That all floor spaces provided for dancing shall be free of any furniture or partitions, and shall be
maintained in a smooth and safe condition.
13. That any violation of this conditional use permit, or any violation of any conditions of approval herein,
shall be sufficient grounds to revoke this conditional use permit.
14. That the sign boards located on the front elevation of the building shall be removed.
15. 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.
16. That there shall be no outdoor storage in any required parking area.
17. That no roof-mounted equipment shall be permitted unless screened in accordance with the
applicable Code requirements.
18. That the front landscaped planter shall be maintained in accordance with approved plans, and the
plants shall be maintained in a healthy condition. Any trees or other live plants that become
diseased or die shall be replaced.
19. 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.
20. 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
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readily identifiable from adjacent streets or highways. The chain link fence surrounding the area
shall be maintained with PVC slats.
21. That the rear of this property shall be permanently maintained free of debris, litter, and/or overgrown
vegetation.
22. 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 Revision No. 1 of Exhibit No. 1(dated November 23, 1998), and as conditioned
herein.
23. That within a period of 60 (sixty) days from the date of this resolution, Condition Nos. 2 and 14,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
24. 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 27, 2003.
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CHAIR EP RSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 27, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, ROMERO
6 IN WITNESS WHEREOF, I have hereunto set my hand this ~ S~day of
v , 2003.
~/~'+.~.,.:.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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