Resolution-PC 96-18tiT ~
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RESOLUTION NO. PC96-18
A RESOLUTION OF THE ANAHElM CITY PLANNI~dG COMNIISSION
THA7 PETITION FAR CONDITIONAL USE PERMIT N0. 3817 BE GRANTED
WHEREAS, the An2.heim Ciry Planning Corr~mission did receive a ver~ied Petition for
Conditional Use Permii for certain real property situated in the C!ty of Anaheim, County o~ O~nge, State
of Califoniia, described as
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTH~~/EST
QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN TI1E
RAhJCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 51 PAGE 10 OF MISCEI..LANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SA:ID COUNTY, DESCRIBEDAS FOLLUWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY
LINE A 60 FOOT STATE HIuHWAY, AS DESCRiBED 1N A DEED RECORDED -:
JULY 10, 1914 IN BOOK 258 PAGE 66 OF DEEDS, V~ITH THE NORTHERLY
RIGHT OF WAY LINE OF CERRITOS AVENUE 40.00 FEET IN WIDTH, SAID
?OINT BEING ON A CURVE IN SAID NORTHEASTERLY RIGHT OF WAY LINE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 630.00 FEET, A RADIAL
LINE THROUGH SAID POINT BEAFS NORTH 82 DEG. 54' 41° EA~T; THENCE
NORTHERLY ALONG SAID CURVE THROUGH C~NTRAL ANGLE OF 4 DEG. 37'
14" A DISTANCE OF 50.81 FEET:<.7HENCE NORTH 6 DEG. 55' 00" WEST ALONG
THE EASTERLY UNE OF LAND DESCRIBED IN A OEED TO THE STATE OF
CALIFOiiNIA RECORDED APRIL 13, 1929 IN B00!C 257 PAGE 462 OF OFFICIAL
RECORf?S TC1 THE SO~~HWEST CORNER OF TRACT NO. 3313 AS SHGWN ON
A 0.±9p ~;R~ :~RD~D IN BOOK 107 PAGES 34 TO 37 lNCLUSIVE OF
MISG~: ~':!~.~'~ ~•'~.~5 N1APS, RECORDS OF ORANGE COUNTY, CALIFORNIA;
TH~NC:~ .•:'~~ "~N 89 DEU. 56' 31" EAST 1161.91 FEET ALONG THE SOUTHERLY
LIN~ G•~ ~-TFti ;T N0. 3313 TO THE WESTERLY LINE OF THE SOUTHERN
PACIF~~:~~~~~'.;1~.:'~',t~n~~: RIGHT OF WAY, AS DESCRIBED W A DEED RECORDED
AUGU"~'~ SR, 1E399 {N BOOK 44 PAGE 226 OF DEEDS; THENCE SOUTH 15 DEG.
25' 43"~~EAST 78.85 FEET ALONG SAID WESTERLY LINE TO THE EASTERLY
LINE OF THE SQUTHWEST QUARTER OF THE NORTHWEST QUARTER 0'r SAID
SEC'iiON 23; THENCE SOUTIi 0 DEG. 10' 18" EAST 640.48 FEEf ALONG SAID
EASTERLY LINE TO THE SOUI'HERLY LINE OF THE NORTHWEST QUART~R TO
SAID SECTION 23; THENCE WEST ALONG SAID SOUTHERL`! LINE TO THE
NORTHEASTERLY RlGHT OF WAY LINE OF SAID 60.00 FOOT STATE HIGHWAY;
THENCE NORTHERLY ALONG SAID NORTHEA°TERLY LINE TO THE PalN'I' OF
BEGINNING.
EXCEPTING THEREFROM THE EAST 144.51 FEET OF SAID LAND.
ALSO EXCEPTING THE~iEFROM ALL THP.T PORTION OF SAID LAND
DESCRIBED AS FOLLOWS:
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BEGINNING AT THE INTERSECTION OF A LINE WHICH IS PARALLEL WITH THE
SOUTHERLY UNE OF THE NORTHWEST QUARTER OF SRID SECTION 23
CEIv'1'ER UNE OF CERRITOS STREE"T AND DIST~INT NORTH 220.00 FEET,
MEASURED AT RIGHT ANGLES FRONI SAID SOUTHERLY UNE, AND THE
EASTERLY LINE OF THE IAND DESCRIBED IN A DEED TO THE STATE OF
CALIFORNIA RECORDED APRIL 13, 1929 IN BOOK 257 PAGE 462 OF OFFICIAL
RECORDS 'EASTERLY UNE OF LOS ANGELES STREET'; THENCE SOUTH 6
DEG. 55' 00° EAST ALONG SAID EASTERLY LINE A DISTANCE OF 150.99 FEET
TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAViNG A RADIUS OF
630.00 FEET, SA!D POINT BEING IN THE NORTHEASTERLY RiGHT OF WAY
LINE OF A 60.00 FOOT STATE HI~HWAY, AS DESCRI@ED IN A DEED
RECORDED JULY 10, 1914 IN BOOK 256 PAGE 66 OF DEEDS, A FSADIAL LINE
THROUGH SAID POINT BEARS NORTH ?8 DEG. 17' 27' EAST; THENCE
SOUTHERLY ALONG S;~ID CURVE THROUGH A CENTRAL ANGLE OF 6 DEG.
26' 5y" AND AN ARC ~ISTANCE OF 70.92 FEEf TO A POINT IN THE
SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, A
nADIAL UNE THROUGH SAID POINT BEARS NORTH 84 DEG, 44' 2.6° EAST;
THENCE EAST ALONG SAID SOUTHERLY UNE A DISTANCE OF 221.36 FEE7;
THENCE NORTH AND AT RIGHT ANGLES TO SAID SOUTHERLY LINE A
DISTANCE QF 220.00 FEtT; THENCE WEST AN~ PARALLEL WITH SAID
SOUTHERLY LINE A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING.
WHEREAS, tho City Planning Commission did hold a publlc hear(ng at the Civic Center
in the C'ity of Anaheim on February 5, 1996 at 1:30 p.m., notice of said public hearing hav(ng been duly
given as required by law ar~d in accordance wfth the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permft and 1to
investigate and make findings and recommendations in connection therewith; and
Wi-lEREAS, said Commissiun, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of ail evidence and reports offered at said hearing, does find
and determine the foliowing facts:
1. That the proposed use is p~'ope~ly ono for which a condltional use permft Is authorized by
Aneheim Municipal Code Section 18.44.050.320 to permit an indoor entertainment fa.ility for a television
taping studio and an indoor stage for voncerts, INe theatr(cal produciions, and movie screenings;
2. That the proposed use wifi not adversely affect 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 proposed use is adequate to allow the full
development of the pro~osed use (n a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and (mproved to carry the traffic in the area;
5. That the granting of the conditional use permR, under the conditions imposed, will not be
detrimental to the peace, heaith, safety and general welfare of the cftizens of the C'dy of Anaheim; and
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6. That no one inc~icated their presence at said public hearing in opposition; ~nd that no
correspondence was received in opposi4ion to the subje~t petition.
CALIFORNIA ENVIRONNicNTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit an indoor entertainment facility for a television taping
studio and an indoor stage for concerts, live theatrical praluctions, and movie screenings on an irregularly
shaped parcel of Iand consisting of approxlmatel~~ 8.5 acres located north and east uf the northeast comer
of Cerrftos Avenue and Anaheirr~ Boulevard, having approximate ftontages of 550 feet on the north side
of CerrEt~s Avenue and 370 feet on the east side of Anaheim Boulevard, and further described as 1440
South Anaheim Boulevard (Anahetm Indoor Marketplace); and does horaby approve the Negative
Declaration upon flnding that the declara~ion reNects the tndependent judgement of the lead agency and
that ft has consldered the Negative Declaration together wfth any commenYs receNed during the public
review process and further ~nding on the basis of 4he initial study and any comments received that there
is no substantial evidence that the project will have a significant effsct on the environment.
NOW, THEREFORE, BE IT RESOWED that the Anaheim Giry Planning Commission
doe:~ hereby grant subject Petition for Conditional Use Perrnit, upon the fotlowing conditions which are
hereby found to be a necessary prerequisne to the proposed use of the subJect property in order to
preserve the safety and general welfare of the Cttizens of the Gity of Anaheim:
1. That the subject condftional use permit is granted to opsrate fn conJunction with Cond(t(onal Use
Permft No. 3400 (permitting the indoor swapmeet) and shall only be valid as long as said indoor
swapmeet is an authorized use of the subject property.
2. That the legal properry owner shall submit a letter reques~ing termination of Conditional Use
Permit No. 3586 (to permft an indaor soccer field in conjunction with an existing indoor swap
meet facility) to the Zoning DNision.
3. (a) That ail uses at the subject property shall be in conformance with the required parking chart
in contained in paragraph 10 of the Staff Report to the Planning Commission dated
February 5, 1996; and
(b) That the subject entsrtainment facility shall have a maximum of f(ve h;~ndred (500) seats
unless a separate variance of the minimum number of parking spaces is approved by thQ
Planning Commission and/or City Councfl in conjunction with a duiy-noticed public hearing.
4. That the appropr(ate permfts shall be obtained for all previously unpermitted construction in the
existing broadcast studio, and that safd construction shali comply with current Fire and Building
Code requirements.
5. That a fire alarm system shall be designed, installed and maintained ss required by the Fire
Department.
6. That an automatic 8re sprinkler system shall be designed, installed and maintained as required
by the Fire Department.
7. That the business owner shall be responsible for mair+tafning the proper number of occupants in
the assembly area shown on the approved ~xtifbit. When the numbor of occupants reaches
seventy five percent (7596) or greater of the posted capac'dy, the owner shall place personnel at
the entrance and a counting device shail be used to mairrtain the occupant load at or below the
posted limit.
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g. That for the flrst six (6) months following the fnitial opening ofi subJect condftiona; use, Code
Enforcement staffi will conduct one (1) monthly inspectlon tq ensure that the cleaniiness and
surface of the parking lot area :'s mainiained. The petitioner shall be responsiofe for paying the
cost of each inspection in acc~rdance wfth fees in effect at the time the inspections are made.
9. That a plan sheet for solid waste storage a~nd collection and a plan for recycling shall be
submitted to the Department of Maintenance for review and approvaL
10. That an on-sfte trash truck turn-around area shall be provided and maintafnec~ *o the satisfaction
of the Department of Maintenance. Said tum-around area shall be spec~icai~;~ .nown ore plans
submitted for buflding pem'ifts. -
11. That the subject use permft shall expira two (2) years from the date of this resolution, on
February 5, 1998.
12. That the deteriorated areas in the parking lot (pot holes and uneven surfaces) shall be repaired
and the parking lot surfiace shall thereafter be ~aintained in good condition at all times.
13. That subject property shall be developed su..~~an4lally In accordance w(th plans and
specffications submfttec! to the C'dy of Anaheim by the petftioner and which plans are on file with
the Planning Department markr;d Exhibit Nos. 1 and 2.
14. That prior ta commencement of the activity f~erein approved, or prior to issuance of a build(ng
permit, or within a period of one (1) year from the date of th(s resolution, whichever occurs first,
Condit(on Nos. 2, 9 and 10, above-mentloned, shall be complied wfth. Extensions for further
time to complete said conditions may be granted in accordarsce with Sect~on 18.03.090 of the
Anaheim Municipal Code.
15. That prior to the commencement of the activiry authoraed by 3his resolutian or prior to fEnal
buiiding and zoning inspections, whlchever occurs first, Conclition Nos. 3, 4, 5, 6, 12 and 93,
above-mentioned, shall be cor:plied with.
16. That approval of this applicat(on constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other appiicable Ciry, State
snd Federal regulations. Approval does not include any action or findings as to compliance or
approval of the request regarding any other applfcable ordinance, regulation or requ(ren~ent.
SE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commission does hereby
find and detPrmine that adoptfon of this Resolucion is expressly predicated upon applicanYs compliance
with each and all of the c~ncfftions here(nabove set forth. Should any such condition, or any part
thereof, be declared (nvaiid or unenforceable by the ~nal judgment of any court of competent
Jurisdict(on, then this Resolucion, and 2ny approvals herein contained, st-a~ll be deemed null and void.
THE FOREGOING RESOL~JTION was adopted at the Ptanning Commission meeting of
February 5, 1996• ~
C WOMAN ANAHEIM CI P,NNING COMMISSION
ATTEST:
, • ~flR.~cs
SECRETARY, AHEIM CIT`r PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANG~ ) ss.
CIIY OF ANAHEIM )
I, Margarita Solorio, Seoretary of tho Anahefm City Planning Commission, do hereby
certify that the foregoing resolution was passed arki adopted at a meeting of the Anaheim Ciry
Plar,ning Commissfon held on Febr~ary 5, 1996, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERA7J~
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~, day of ~! ~~1.~ ~
1 ~J96.
a
SECRETARY NAHEIM CITY ~'LANNING COMMISSION
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