Resolution-PC 2003-136• ~
RESOLUTION NO. PC2003-136
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04762 BE GRANTED,
AND A DETERMINATION THAT THE PROPOSED 'ELECTRONIC READERBOARD CHANGEABLE
COPY' SIGN IS IN SUBSTANTIAL CONFORMANCE WITH EXHIBITS PREVIOUSLY APPROVED
IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2144
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 2, AS SHOWN ON A PARCEL MAP FILED IN BOOK 153, PAGES 10
AND 11 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, on November 17, 1980, the Anaheim City Planning Commission did, by its
Resolution No. PC80-207, grant Conditional Use Permit No. 2144 to permit a performing arts theater with
on-sale beer and wine at 201 East Broadway, and waivers of minimum number of parking spaces (458
on-site spaces required, 650 off-site spaces proposed) and minimum landscaped setback (10 feet
required along Broadway, 5 feet proposed); and
WHEREAS, on December 9, 1985, the Planning Commission did, by its Resolution No.
PE85 264, revise ~he above-me~rEioned ResolutiorrNo. PC80=207 to-amenct the use to-permit a --
performing arts theater and entertainment centerwith on-sale alcoholic beverages; to amend both
waivers as follows: minimum number of parking spaces (963 on-site spaces required, 650 off-site spaces
proposed) and minimum landscaped setback (10 feet required along Broadway, 3 feet proposed); and to
amend the conditions of approval in their entirety including revised plans; and
WHEREAS, the property is developed with a 48,873 square foot performing arts theater
(former Freedman Forum); that the zoning is CL (Commercial, Limited); that the Land Use Element of
the Anaheim General Plan designates the property for General Commercial land uses; and that the
property is located within the Alpha Downtown Redevelopment Project Area; and
WHEREAS, the applicant has submitted a petition for a conditional use permit for a
church use in conjunction with the existing performing arts theater which was granted under Conditional
Use Permit No. 2144; and that the applicant is also requesting a determination that a proposed electronic
readerboard changeable copy sign is in substantial conformance with the previously approved exhibits for
the existing changeable copy marquee sign which it will replace, and which changeable copy marquee
sign was installed in conjunction with the performing arts theater; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 6, 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 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. That the proposed church use in conjunction with an existing performing arts theater is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.
050.130.
Tracking No. CUP2003-04784
Cr\PC2003-136 -1- PC2003-136
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2. That the proposed church use in conjunction with the existing performing arts theater in
the CL (Commercial, Limited) Zone will not, under the conditions imposed, adversely effect the adjoining
land uses and the growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposal is adequate to allow full development
of the property in a manner not detrimental to nearby residential neighborhoods nor to the peace, health,
safety and general welfare.
4. That the traffic generated by the proposal will not, under the conditions imposed, impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, heath, safety, and general welfare of the citizens of the City of Anaheim.
6. That no one indicated their presence at the public hearing in opposition to the subject
petition; and that no correspondence in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a church use in conjunction with an existing
performing arts theater and has also reviewed the request for a determination of substantial conformance
with previously-approved exhibits to permit an electronic readerboard changeable copy sign to replace an
existing changeable copy marquee sign which was installed in conjunction with the performing arts
theater; and does hereby find that the Negative Declaration previously approved in connection with
Conditional Use Permit No. 2144 is adequate to serve as the required environmental documentation in
- eonr~ection wi~~r both these-requests upon findiRg that the dectaratroR reflects the independent Judgrrrent -
of the lead agency and that it has considered the 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 grant subject Petition for Conditional Use Permit No. 2003-04762, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
That aA church activities shall continue to be in compliance with the terms and conditions of the
parking lease between the City of Anaheim and 'Moving On EntertainmenY dated December 31,
1986, as it may be amended from time to time, pertaining to use of the city-owned parking structure.
2. That the church use shall be accessory to the live performance theater as approved under
Conditional Use Permit No. 2144. Said church use shall be limited to one hundred twenty (120)
calendar days per year and the hours of operation shall be consistent with the above-referenced
parking lease.
That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color
to the roof material. The numbers shall not be visible from the street or adjacent and nearby
properties. Said information shall be specifically shown on plans submitted to the Police
Department, Commu~ity Services Division, fcr review and approval.
4. That no portable signs shall be utilized to advertise the church.
5. That the proposat shall comply with all sign requirements of the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
Any additional signs beyond what exists on the date of this resolution shall be reviewed and
approved by the Zoning Division. Any decision by staff may be appealed to the Planning
Commission as a`Reports and Recommendation' item.
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6. That the only accessory school activity shall be Sunday School; and this facility shall not be used as
a private daycare, nursery, elementary, junior and/or senior high school.
7. That no bells audible to the exterior of the building shall be permitted.
8. 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 twenty
four (24) hours from time of occurrence.
9. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
10. 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
readily identifiable from adjacent streets or highways. Said information shall be specifically shown
on the plans submitted for Public Works Department, Streets and Sanitation Division, approval.
11. The property owner shall implement appropriate non-structural and structural Best Management
Practices ("BMP's") which can be found in the California Stormwater BMP Handbook as specified in
the Orange County Drainage Area Management Plan ("DAMP"), Section 7. The selected BMP's
shall be implemented and maintained to minimize the introduction of pollutants from entering the City
of Anaheim storm water drainage system to the satisfaction of the Public Works Department,
DeveloPrr~ert~ Services Division. Applieable BMP's can inetade; but are not tirrrited to; common area --
litter control, employee training, housekeeping of loading docks, water efficient irrigation and
landscape design and maintenance, and trash enclosure maintenance.
12. 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 through 5, as conditioned herein.
13. That prior to commencement of the activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 3, 9, 10, 11 and 12,
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.
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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
determine that the proposed electronic readerboard changeable copy sign is in substantial conformance
with the previously-approved exhibits for the existing changeable copy marquee sign which was installed
in conjunction with the performing arts theater approved under Conditional Use Permit No. 2144;
AND BE !T FURTHER RESOLVED #hat the Rnaheim Ci#y Planning Commission dces
hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs
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.
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THE FOREGOING RESOLUTION was adopted at the P~anning Commission meeting of
October 6, 2003. ,, J , /~ ~ o
ON, ANAHEIM CITY PLANNING COMMISSION
A
SENIOR~CRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 Pfanning
Commission held on October 6, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VACANCY: COMMISSIONERS:
FN W~TNESS WHE
, 2003.
BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT
NONE
ROMERO
ONE SEAT ~
REOF, I have hereunto-set my-hand this ?~_ day-of
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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