Resolution-PC 2005-116~ •
RESOWTION NO. PC2005-116
A RESOLUTION OF`THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001=0434T,AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2003-120, -
ADOP7ED THEREWITH ;
(2821 EAST WHITE STAR AVENUE - UNIT D)
WHEREAS, on August 11, 2003 the Anaheim Planning Commission, by Resolution No.
PC2003,120 approved Conditional Use Permit Na 2001-04347 to retain an cooperative arts museum, gallery
and meeting hall at 2821 East White Star Avenue, Unit D, with waiver of minimum number of parking spaces (74
spaces required, 68 spaces proposed); and
WHEREAS; said Resolution Na PC2003-120 includes the following condition of approval:
"1. That this Conditional Use Permit shall expire in two (2) years on June 19, 2005."
WHEREAS, this. property is currently developed with an industrial complex containing 23 units in
three buildings, the underlying zoning is Development Area 1,(Industrial Area) of the Northeast Area Specific
Plan No. SP94-1; thatthe Anaheim General Plan designates this property#or Industrial land uses; and this '
property is located within the Alpha Northeast Redevelopment Project of the Merged Anaheim Redevelopment
Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retairr a
cooperative arts museum, gallery and meeting hall with waiver of minimum number,bf parking spaces pursuant
to Code Section 18.60 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold apublic hearing at the Civic Center in the City of
Anaheim on Augusf 8, 2005, at 2:30 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 "Procedures", 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, doesfind and
determine the following facts
1. That the cooperative arts museum, gallery and meeting hall is properly one for which a
conditional use permit is authorized by the Zoning Code.
2. That the request to retain a cooperative arts museum, gallery and meeting hall will 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 cooperative arts museum, gallery and meeting hall is
adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health
and safety.
4. That the facts necessary to support each and every required showing for the original approval of
the entitlement exist; and that an inspection conducted by the Community Preservation Division of the Planning '
Department revealed that the use is operating in compliance with the conditions of approval imposed on the
original permit.
5. 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.
6. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed the proposal toreinstate this permit bythe modification or deletion of a condition of
approval pertaining to a time limitation (approved.on August 11,'2003 to expire on June 19; 2005) to retain a
cooperative arts museum, gallery and meeting hall; and does hereby find that the Negative Declaration
previously approved in connection with Conditional UsePermit No. 2001-04347 is adequate to serve as the
required environmental documentation'in connection with 4his request upon finding that the declaration reflects
the independent judgment of thelead agency and thaf it has considered #he 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 1T RESOLVED that the Anaheim Planning Commission does hereby
approve #he reinstatement of this permit; and further, incorporates the conditions of approval contained in
Resolution No PC2003-120 into a new resolution with the fol~owing conditions of approvaL
1. That this Conditional Use Permit shall expire in five (5) years on June 19,`2010.
2. That the facility shall be used and operated in compliance with "A3" Uniform Building Code occupancy
requirements.
3. That trash storage areas shall be maintained in compliance with approved'plans on file with the Public :
Works bepartment.
4. That no outdoor events (including car shows, concerts, barbeques, live art performance, etc:) shall be
permitted. All business shall be conducted wholly inside the existing building.
5. That the maximum occupancy of this facility shall be 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 p.m. to 1 a.m., daily.
10. That the sale, dispensing and/or consumption of alcohol beverages shall not be permitted on the premises;
except for a maximum of five (5) special events per calendar year and provided that any necessary permits
and/or licenses are obtained from the Department of Alcoholic Beverage Control for such events.
11. That no food that' is cooked, heated, reheated, assembled or altered on-site shall be permitted without the
prior application for, and approval of, a Conditional Use Permit for a restaurant.
12. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscape maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours
from the 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 guard shall be provided at events and shall remain
on duty as determined to be appropriate by the Police Department.
14. That no required parking areas shalt be fenced or otherwise enclosed for storage or other outdoor use,
15. That the business shall be equipped with an alarm system either silent or audible:
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16. That a comprehensive security alarm system shaii be provided for the perimeter building including access
route protection and high values storage areas.
17. That subject property shall be development substantially in accordance with plans and specification
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. <,
18. That the 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 requirements.
BE 1T, FURTHER RESOLVED that the'Anaheim 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.
THE EOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 8,
2005. Said re§olution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim
Municipal Code pertaining to appeal procedures and may be replaced by a it ncil Reso " in the event
of an appeaL _ :
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CHAIRMAN, ANAH IM PLANNWG COMMISSION
ATTEST:
~L~" ~~'~""°
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) ,
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
August 8, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of Z ,
2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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