2001-166RESOLUTION NO. 2001- 166
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2001-
04347.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a cooperative arts museum, gallery and meeting hall upon
certain real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
PARCEL 1 OF PARCEL MAP NO. 549, AS SHOWN ON A
MAP FILED IN BOOK §4, PAGE 2, OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC2001-64 denying Conditional
Use Permit No. 2001-04347; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it is
proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved
to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all of
the conditions set forth in Section 18.06.080 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. That the variance, under the conditions imposed, if any,
will not cause fewer off-street parking spaces to be provided for
such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use; and
2. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces
upon the public streets in the inunediate vicinity of the proposed
use; and
3. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces
upon adjacent private property in the inunediate vicinity of the
proposed use (which property is not expressly provided as parking
for such use under an agreement in compliance with Section
18.06.010.020 of the Anaheim Municipal Code); and
4. That the variance, under the conditions imposed, if any,
will not increase traffic congestion within the off-street parking
areas or lots provided for such use; and
5. That the variance, under the conditions imposed, if any,
will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the
proposed use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Coramission denying said conditional use
permit be, and the same is hereby, reversed and that Conditional
-2-
Use Permit No. 2001-04347 be, and the same is hereby, granted
permitting a cooperative arts museum, gallery and meeting hall
the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
on
Sections 18.06.050.023.0233
18.06.050.026.0261
18.06.050.030.031
and 18.110.050.110
Minimum number of parking
spaces. (7__4 required;
6__8 proposed and concurred
with by the City Traffic
Section)
subject to the following conditions:
1. That trash storage areas shall be refurbished to comply with
approved plans on file with the Public Works Department.
2. That plans shall be submitted to the Building Division showing
that the facility complies with all "A3" occupancy requirements.
If the building does not comply with "A3" occupancy requirements,
the petitioner shall submit plans for tenant improvements to meet
these standards prior to operation.
3. That this permit shall expire two (2) years from the date of
this resolution on June 19, 2003 and any and all uses authorized
hereunder shall be terminated on or before said date.
4. That no outdoor events (including car shows, concerts,
barbecues, live art performances, etc.) shall be permitted. Ail
business shall be conducted wholly within the existing building.
5. That the maximum occupancy of this facility shall be limited
to fifty (50} persons.
6. That no Special Event Permits for outdoor events or temporary
advertising shall be permitted at this location.
7. That signs shall be limited to the one (1) existing wall sign
identifying the name of the facility and suite number in
conformance with Code requirements.
8. That the petitioner shall obtain an Entertainment Permit for
any live art performances.
9. That the hours of operation shall be limited to 6:00 p.m. to
1:00 a.m. Sunday through Thursday, and 6:00 p.m. through 1:00 a.m.
Friday and Saturday.
10. That the sale, dispensing and/or consumption of alcoholic
beverages shall not be permitted on the premises; except for not to
exceed five (5) special events per calendar year and provided that
any necessary permits and/or licenses are obtained from the
Alcoholic Beverage Control for such events.
-3-
11. That no food which is cooked, heated, reheated,
altered on-site shall be permitted without approval
Conditional Use Permit for a restaurant.
assembled or
of a
12. That the property shall be permanently maintained in an
orderly fashion by providing regular landscape maintenance, removal
of trash and debris, and removal of graffiti within twenty-four (24
hours from time of occurrence.
13. That a licensed uniformed security guard, approved by the
Anaheim Police Department, shall be provided on the premises
specifically to provide security, and to discourage vandalism,
trespass, and/or loitering upon or adjacent to the subject
property. Said security guards shall be provided at events and
remain on-duty as determined to be appropriate by the Anaheim
Police Department.
14. That the property owner shall submit a letter requesting the
termination of Conditional Use Permit No. 1992 (to permit an
exterminating service) to the Zoning Division.
15. That no required parking areas shall be fenced or otherwise
enclosed for outdoor storage use.
16. 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 Nos. 1 and 2, and as conditioned
herein.
17. That within 60 days from the date of this resolution,
Condition Nos. 2, 8, and 16, above-mentioned, shall be complied
with.
18. 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 City Council 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 conditions, 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.
-4-
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 19th day of June, 2001.
ATTEST:
~ ~C~ CLERK OF THE CITY OF ANAHEIM
40721.1
-5-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No, 2001R-166 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 19th day of June, 2001, by the following vote of the
members thereof:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
CLERK OF THE CITY OF ANAHEIM
(SEAL)