Resolution-PC 97-29~ ~
RESOLUTION N0. PC9?-29
A RESOLU" .ON OF THE ANAHEIM CIT1f PLANNING COMMISSION
AMENDING CER'fAIN CONDITIONS OF APPROVAL OF
RESOLUTION NG. PC96-18 ADOPTED IN CONMECTION WITH
CONDITIONAL USE PERMIT NO. 3817
WHEREAS, subJect properry is cuRerrtly developed with a 133,200 sq.ft. irxJoor swap meet
facility with accessory outdoor uses (Anaheim Indoor Marketplace) in the CL (Commercfal, Umfted) 7.one;
WHEREAS, on June 4, 1991, the City Council granted Condftional Use Permft No. 3400 to
permit a commercial retail center/indoor swap meet untG April 22, 2001; and that a number of subsequent
conditionat use permfts (Nos. 3545, 3586~ 3606~ 3f~5 and 3668) Were approved to peRnft additlonal activftles
in connection wfth said fndaor swap meet (outdoor ;nstaNation of alarms and stereos, outdoor batting cage,
outdoo~ window tinti~g and tire ~im instailation, induor soccer fleld, on-premises sale ard consumption of
be~r and wine in a proposed restaurant, pawnahop in cor;unction with a Jewelry stare, and prMate outdoor
roller hockey rink); and
WHEREAS, on February 5, 1996, the Planning Commission adopted Resdutfon No. PC96-18
to grant Conditional Use Permft No. 3817 and permft a 9,367 sq.ft. indoor entertainment facility for a
teievisian taping studio and an indoor stage for concerts, Uve theatrical productions and movie screenings.
WHEREAS, the petftioner has submitted revised plans (labeled Revision No.1 of Exhibft Nos.
1 and 21 to relocate a previousty approved fndoor entertainment center, add a 3,283 sq•ft. outdoor event
area, and amend or deleta aertain condftions of approval reflecting tha requested revisions; that the
previously approved broadcast studio will be utilized for indoor entertainmar~t such as Iive music concerts,
closed N broadcasts and catered banquat, on the d2ys that the sct.dio (s not being otherwise used p.e.,
taping a televiston game show); and that the outdoor event are3 will be used for sportir.g events (i.e.,
wrestl(ng matches) every Sunday from 1 p.m. to 3 p.m. with seating for a maximum of 180 spectators.
WHEREAS, tha Ciry Planning Commission did hold a public hearing at the CNic Center in
the Ciry of Anahe(m on Mara~ 17, 1997, zt 1:30 p.m., notice of sald pubiic hearing having been duly gNen
as requ(red by law and in ac.cordanco wfth the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evide~~ce for and againsi said pro~osed amendment and to investigate and make
findings and recommendations in connection therewtth; and
WHEREAS, said Commission, after due (nspection, frnestiga[lon arxl study made by ftself
2nd in fts behalf, and after due consideration of all evidence arxi reports offered at said hearing, does ftnd
and determine tne fo~Iowing fac4s:
1. That the proposed modHications, lncluding the imp~sftion of addftional condftions thereto,
is reasonably necessary ta protect the public peace, health, safety and general weifare, and n~csssary to
permit reasonable operation under the condftior.at use pem'iic~
2. That the proposed useS are properly anos for which a condftional u,o permft fs suthorized
by Anaheim PAunicipal Code Sect(ons 18.44.050.030 and 18.44.050.320 to permft an outdoc~r entertainment
center in connect(on with the Anaheim Indoor Market Place;
3. That the proposed 3,283 sq•ft. outdoor eMertainment center was IncorrecUy advert(sed as
3,500 sq.ft.;
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4. That the proposed uses will not adversely affect the adJoininq land uses and the growth and
development of the area in which it is proposed to be located~
5. That the size and shape of the site for the proposed uses is adequate to allow the full
developmant of the proposal use In a manner not detriment~l to the particular area nor to the peace~
health, safety and general welfare because the indoor enter[ainment area will be reduced in stze from 9,367
sq.ft. to 3,514 sq.ft.;
6. That the traffic generated by the proposed ese~s~ ~inthe a~ an undue burden upon the
streets and highways deslgred and improved to carry
7. That amer~ding the candftionai use permft~ u~der the conditions imposed, will not be
detrimental to the peace, healtti, safety and generai weifare of the cftizens of the Cicy of Anaheim; arxi
8. That no one indicated t ftion to the sub ect ~ iPttion~c hearing in opposftion; and that no
correspondence was receNed in r.ppos 1 P8
c'ALIFORNIA ENVIRONMENTAL QUALITY ACT I DIN : That the Anaheim City Plann ing
Commission has reviewed the proposai and does hereby flnd that the Negativo Dedaratlon ~,reviously
approved in connection wfth CondR~onai Use PermK N°• 38~~ ~g adequate to serve as the required
environmental documentation in connection wfth this roquest upon flnding t p t the deciarat'~oved No atNe
independent Judgement of the lead agency and that ft has considered the revioust app 9
~eclaration tcgether wfth any comments ~eceNed during tt~e public review process and further flnding on
the basis of the initial study and any comments receNed that there is no substantial evidence that the
project will have a signfficant effect on the ernironment
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby
amend Resolution No. PC96-S6, adoPted in connection wfth Condn~ana~ ~SO`?a~f~~en~~~tOa~°~te
a previously approved indoor ente~tafnment center and add a 3,283 sq•
BE IT FURTHER RESOLVED that the Planning Commi~sion does hereby amend the conditions
of approval contained in Resolution No. PC96-18, as fdlows:
(i) Amend Condftion Nos. 3(a), 3(b) and 13 to read:
"3(a) That all uses at the subJect property shall conform wfth the required parking chart as
contained in para9raPh 12 of the Staff Report to the Planning Commission dated March 17,
1997.
3(b` ~~ That this entertainment facpity shall be limfted to the maximum number of seats approved
'! -',by the Anaheim F(re Departme~t. Seating in excess of fNe hundred (500) seats shal~ not
r~ ~~m~ ~~~5 a~F,ara+,e vsriance fa~ wa i v e r d tho mintmum number of park~n9
- ~'' space~; is approved by the Planning Canm~°.s~on &r-~/a~ CnY Co~ncN in conjunction wfth
' Ja duly-noticed public hearing.
13. ,Tnat subJect property shali be deveioped substantially in accordance with plans and
soer.~icatfons submitted to the Ctry of Anahe~m by the petftloner and which pians are on file
wfth the Planning Department marked Revision Nc. 1 of Exhibh Nos. 1 and 2.'
.2_ PC97-29
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(li) Add the fotlowing condftions: ,
"17. That no outdoor concerts or amplifled music shall be permitted• That no alcohol
sales/service shall be permitted In conjuncilon with indoor or outdoor entertafnment uses.
That the applicam maY request outdoor enteRafnment (other than sporting events) on a
case.by-case basts to the Planning Commission as a'Reports and Recommendations` ftem
to be cerxiftioned, approved or denied as may be determined by the Commisslon.
18. That the outdoor eveM area shall be Itmfted to sporting-type events.
19. That all outdoor events shall comply with the requfremeMs of Anaheim Munfclpal Code
Chapter 6.70 'Saund Pressure Levels.'
20. That the indoor entertainment uses shali be Iimited to INe music concens, ciosed N
broadc2sts, and catered banquets as stipulated to by the petftioner.
21. That, provided resMctfons of the Anahelm Fire Department are not Ies.Ser, the maximum
occupancy of the indaor errteitainmeMrf rea shall be ~eied t bs th nintiti ~r.a~~ence
members and thf-ty (30) emptoyee/pe ormers~ as st~ Y P~
22. That prior to commencement of actNity herein appraved, the developer shall pay the sewer
impact arxl tmprovement fee for tha south central area for the new o~~tdoor event area.
23. That subJect use permit is hereby granted for a pertod of two (2) years to expire on March
17, 1999.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 17, 1997.
CHAIRPEI~SON, ANAHE CITY PLANNING COMMISSION
ATTEST: /I n
SECRETARY, A IAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
CdUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdorio, Secretary of the Anaheim City Planning Commfssion, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anahetm City ~Plannk~p
Corr~mission held on March 17, 1997, by the fdlowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYUSTUN, BRISTOL, HENNINGER, MESSE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER, PERAZA
IN WITNESS WHEREOF, I have hereurrto set my hand this t'~~ day of ~`!~~,
1997.
1
SECRETARY, EIM CITY PLANNING COMMISSION
~- PC97-29