Resolution-PC 2001-64~ i
RESOLUTION NO. PC2001-64
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04347 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 OF PARCEL MAP NO. 549, AS SHOWN ON A MAP FILED IN BOOK 84,
PAGE 2, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 7, 2001 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 conditional use permit 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_ T_hat the proposed use is proper_ly one fa~~h_ ich a conditional use permit-is authori~ed-by
Anaheim Municipal Code Section 18.110.050.050.0530 to permit a cooperative arts museum, gallery and
meeting hall with waiver of the following:
Sections 18.06.050.023.0233 - Minimum number of qarking spaces.
18.06.050.026.0261 (74 required;
18.06.050.030.031 68 proposed and concurred with by the City Traffic Section)
and 18.110.050.110
2. That the waiver, minimum number of parking spaces, is hereby denied on the basis that
the waiver cannot exist without approval of the proposed uses.
3. That this property is located in Development Area 1(Industrial Area) of the Northeast
Area Specific Plan No. SP 94-1, which does not identify the proposed combination of activities (i.e.,
museum, cooperative art gallery, exhibition hall, etc., as described in paragraph (11) of the Staff Report to
the Planning Commission dated May 7, 2001) as permitted primary, accessory or conditionally permitted
uses; and, further, that the underlying zoning is intended for industrial and industrially-related land uses.
4. That the proposed use is not consistent with the Northeast Area Redevelopment Plan.
5. That the proposed use has operated in the City of Newport Beach and according to
information provided to the City of Anaheim, the use operated in a fashion detrimental to surrounding land
uses in that city, including complaints about noise, amplified music and disturbing the peace (described in
paragraphs (22) and (23) of the Staff Report to the Planning Commission dated May 7, 2001); and that
the proposal, therefore, has an increased potential to be detrimental to the surrounding industriaf area
and to the peace, health, safety and general welfare of the citizens of Anaheim.
6. That approval of the proposed use would adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
CR5088PK.DOC -1- PC2001-64
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7. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
8. That granting of this conditional use permit would be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
9. That the traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
10. That no one indicated their presence at the public hearing in opposition to the proposal.
11. That five people spoke at the public hearing in favor of the proposal, that a petition was
submitted containing 13 signatures of neighboring business people who do not object to the proposal,
and that 20 letters in support of the proposal were received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a cooperative art museum, gallery and
meeting hall with waiver of the minimum number of parking spaces on a an irregularly-shaped 2.1-acre
property located at the northeast corner of White Star Avenue and Blue Gum Street, having frontages of
370 feet on the north side of White Star Avenue and 296 feet on the east side of Blue Gum Street, and
further described as 2821 East White Star Avenue - Unit D; and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and
that it has considered the Negative Declaration together with any comments received during the public
- Feview process and further finding an the ba~is of ~he i~tttaal study and any comments received that thtere-
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 deny subject Petition for Conditional Use Permit, on the basis of the aforementioned
findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 7, 2001. ~ /
CHAIRPERSON, ANAH CI PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim Ciry Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 7, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~ IN WITNESS WHEREOF, I have hereunto set my hand this o2-f ~day of
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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