Resolution-PC 2010-021RESOLUTION NO. PC2010 -021
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009 -05412
(DEV2009- 00041)
(1652 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009- 05412, to permit a dance hall with no alcohol sales
for certain real pfoperty situated in the City of Anaheim, County of Orange, State of California,
shown on Exhibit "A attached hereto and incorporated herein by this reference.
WHEREAS, this property is developed with 16,900 square foot commercial
building located in the Commercial General (CG) zone and the Anaheim General Plan designates
the property for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 12, 2010, at 3:30 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 18.60, to hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Planning 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 with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The request to permit a dance hall with no alcohol sales in the Commercial
General (CG) zone is properly one for which a conditional use permit is authorized under Code
Section 18.66.040.030.0301 (Unlisted Uses) of the Anaheim Municipal Code.
2. The public dance hall with no alcohol sales will not adversely affect the adjoining
land uses or the growth and development of the area in which it is proposed to be located
because the dance hall activity will be conducted in a manner conducive to the area, security
measures have been implemented and the use will operate entirely within an existing building.
In addition, the peak operating hours of the public dance hall, as conditioned herein, are off -set
from the peak operating hours of the other businesses within the commercial center.
3. The size and shape of the site proposed for the dance hall is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area or to the
health and safety.
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4. The traffic generated by the dance hall will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because this use does
not exceed or intensify anticipated traffic levels for this area.
5. That the existing number of on -site parking spaces is determined to be adequate
for the proposed dance hall and existing commercial uses. Code requires 134 parking spaces
and 89 parking spaces exist. Because the public dance hall activities occur during evening hours
when commercial businesses in the center are closed, the existing number of parking spaces is
adequate for the public dance hall. Condition No. 4 of this resolution includes a limitation on the
public dance hall hours of operation.
6. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a
land use that is compatible with the surrounding area.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 ((Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2009 -05412 subject to the
conditions of approval described in Exhibit "B" attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the citizens of the
City of Anaheim. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED, that this conditional use permit is approved
without limitations on the duration of the use.
BE IT FURTHER RESOLVED 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
2 PC2010 -021
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 12, 2010.
A'1't'EST:
CHAIRMAN, Al4AHEiVI CI TY''PLANNTIG COMMISSION
SENIOR SECYE'ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Grace Medina, 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 April 12, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of April, 2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -021
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RN: 250 -091 -071
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EXHIBIT "A"
DEV2010- 00041
W LINCOLN AVE
220.06'
220.06'
W PAMPAS LN
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +1- two to five feet.
10938
4 PC2010 -021
NO.
GENERAL
1
2
3
5
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05412
(DEV2010- 00041)
CONDITIONS OF APPROVAL
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 security guards at all times or any other number of security
guards as determined to be appropriate by the Anaheim Police
Department.
The doors shall remain closed at all times when entertainment
is permitted, except during times of entry, exit or for
emergencies or deliveries.
The floor spaces provided for dancing shall be free of any
furniture or partitions and maintained in a safe condition.
4 The hours of operation for the public dance hall, including
concerts, shall commence no earlier than 7 p.m. and shall
conclude by 12 a.m. daily.
Signs shall be posted in the "green- room" stating that alcohol is
not allowed on the premises at any time.
6 The public dance hall shall be operated in accordance with the
following rules as stipulated to by the applicant:
a)
b)
c)
d)
e)
No one under the influence of alcohol or drugs shall be
admitted.
No alcohol shall be served or permitted on the premises.
No "in and out" privileges shall be allowed.
No smoking shall be permitted on the premises.
No backpacks shall be permitted.
RESPONSIBLE
FOR
MONITORING
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
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7 A professional quality sign at least two feet by two feet with
two inch block lettering of a contrasting color shall be posted
facing the premises parking lots that reads:
8
9
10
11
12
13
"NO LOITERING, NO LITTERING, NO DRINKING OR
ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST"
The parking lot shall have a minimum of four handicapped
paf spaces and a designated loading area.
The parking lot 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.
There shall be no public telephones Located outside the
building.
There shall be no outdoor storage of vehicles in any required
parking area.
The rear of the property shall be permanently maintained free
of debris, litter and overgrown vegetation.
The front landscape planter shall be maintained in a healthy
condition with live trees, shrubs and ground cover. If the plant
material becomes diseased or dies, it shall be replaced in a
timely manner.
14 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.
15 Rear entrance doors shall be numbered in the same address
numbers or suite number of the business. Minimum height of 4
inches is recommended.
6
Code Enforcement
Public Works, Traffic
and Transportation
Services
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
16 All exterior doors to have adequate security hardware, e.g. Code Enforcement
deadbolt locks.
PC2010 -021
17 File Emergency Listing Card, Form APD -281, with the Police Police Department
Department, available at the Police Department front counter,
or it can be downloaded from the following web site:
httn: I /www.anaheim.net /article.asn ?id =678.
18 That fire lanes shall be posted with "No Parking Any Time Code Enforcement
19 That on -going during project operation, no required parking
areas shall be fenced or otherwise enclosed for outdoor storage
uses.
Code Enforcement
20 The property shall be developed substantially in accordance Planning Services
with plans and specifications submitted to the City of Anaheim
by the applicant and which plans are on file with the Planning
Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2
(Floor Plans) and as conditioned herein.
7 PC2010 -021