Resolution-PC 2003-143~
RESOLUTION NO. PC2003-143
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A RESOLUTION OF THE ANAHEIM CITY PLANNING ~OMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4094, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-29,
ADOPTED THEREWITH
WHEREAS, on February 17, 1999, the Anaheim City Planning Commission did, by its
Resolution No. PC99-29, grant Conditional Use Permit No. 4094 to permit a live performance theater for
original dramas, plays and comedies at 5576 East La Palma Avenue; and that said resolution includes
the following condition of approval:
That subject use permit shall expire five (5) years from the date of this resolution, on
February 17, 2004.
WHEREAS, this property is developed with a multi-building industrial complex including the
live performance theater at 5576 East La Palma Avenue (The Chance Theater); that the zoning is
Development Area 5(Commercial Area) of Specific Plan No. SP94-1(SC) (Northeast Area Specific Plan -
Scenic Corridor Overlay); that the Anaheim General Plan designates the property for General
Commercial land uses; and that the property is located in the Project Alpha Redevelopment Area; and
WHEREAS, pursuant to Section 18.03.093 of the Anaheim Municipal Code, the petitioner
~ias reques~ct ~einstater~~r~t of this conclifionat use pe~mit to ~e~~ir~ tfl~ fiiv~ performance ffieafer witfiir~ an
industrial complex, to relocate the theater from the unit at 5576 East La Palma Avenue to the unit at 5552
East La Palma Avenue, and to delete or modify the condition of approval pertaining to the 5-year time
limitation; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 20, 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, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the use, as amended, wili not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare; and that the proposed relocation of the theater within the industrial complex and the
increase in floor area will not be in conflict with the original basis upon which this use permit was
approved.
4. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry traffic in the area.
Tracking No. CUP 2003-04765
cr\PC2003-143.doc -1- PC2003-143
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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; and that Code
Enforcement Division staff has inspected the premises and determined that the business is currently in
compliance with all applicable conditions of approval.
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 there have been no changes to the applicable zone standards that would invalidate
the findings that were the basis for the original approval of this conditional use permit.
9. That deleting the time limitation is necessary to permit reasonable operation of the use
under the use permit as granted.
10. 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 previously-approved theater within an
industrial complex, to delete or modify the time limitation, and to relocate the theater to another unit within
the industriaf complex on a recCangularty-sYiaped 8:8-acre properfy fiaving a f~on~age of 52o feet-on t~
south side of La Palma Avenue and a maximum depth of 780 feet, being located 585 feet west of the
centerline of Imperial Highway, and further described as 5552 (currently 5576) East La Palma Avenue
(The Chance Theater); and does hereby find that the Negative Declaration previously approved in
connection with Conditional Use Permit No. 4094 is adequate to serve as the required 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 amend Resolution No. PC99-29, adopted in connection with Conditional Use Permit No. 4094, to
reinstate this conditional use permit without a time limitation, to relocate the previously-approved theater
to another unit within the industrial complex (from 5576 East La Palma Avenue to 5552 East La Palma
Avenue), and to amend the conditions of approval in their entirety to read as follows:
That performances shall be limited to theatrical dramas, comedies and plays; and that activities at this
business shall not trigger a requirement for a sex-oriented business permit as set forth in Chapter
18.89 (Sex-Oriented Businesses) of the Anaheim Municipal Code.
2. That the maximum number of patrons and seats shall be limited to fifty (50).
3. That the operation of this business shall be limited to the following:
Rehearsals: Monday through Thursday: 7 p.m. to 12 a.m. midnight
Performances: Friday: 6 p.m. to 2 a.m.
Saturday: No later than 2 a.m.
Sunday: No later than 11 p.m.
4. That no alcoholic beverages shall be sold or consumed on the premises.
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5. That due to the change in use and/or occupancy of the building (due to the theater's being relocated
from 5576 East La Palma Avenue to 5552 East La Palma Avenue), plans shall be submitted to the
Building Division showing compliance with the minimum standards of the City of Anaheim, including the
Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim.
The appropriate permits shall be obtained for any necessary work.
6. 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.
That signage for this property shall comply with all sign requirements of Development Area 5
(Commercial Area) of the SP94-1(SC) (Northeast Area Specific Plan - Scenic Corridor Overlay) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section 18.84.062.032
pertaining to the Scenic Corridor Overlay Zone.
9. 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 Nos. 1 and 2.
10. That prior to commencement of the activity herein approved at its new location at 5552 East La Palma
Avenue, or prior to issuance of a building permit, or within a period of one (1) year from the date of this
resotufion, whic~ver occurs frst, Conditi~n Nos. 5, above-menfionecl, s~ialt b~ ~6m~5fi~ctvvitF~
11. That prior to commencement of the activity herein approved at its new location at 5552 East La Palma
Avenue or prior to final building and zoning inspections, whichever occurs first, Condition No. 9, above-
mentioned, shall be complied with.
12. 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 Ciry, 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
October 20, 2003.
=_/~irv~~ ~~~i!/L ~ ~iv~.e1Z0~-
, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/C ~~- /~~~t7"~oD
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 October 20, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~(oT~ day of
~ r , 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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