Resolution-PC 99-29RESOLUTION NO. PC99-29
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETI710(J FOR CONDITIONAL USE PERMIT NO. 4094 BE GRANTED FOR FIVE (5) YEARS
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit No. 4094 for certain real property situated in the City oP Anaheim, County uf
Orange, State of California, described as;
THOSE PORTIONS OF LOTS 1, 6 AN~7 7 OF TRACT NO. 925, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP RECORDED IN BOOK 29, PAGES 42 TO 44 OF
MISCELLANEOUS MAPS, RECORDS OF SAI~ ORANGE COUNTY,
AND THAT PORTION OF THE THIRD CLASS LAND ALLOTfED TO
R.G. DE LA RIVA IN THE HE FINAL DECREE OF PARTITION OF THE
RANCHO CANNON DE SANTA ANA, CASE NO. 1978 OF THE 17TH
JUDICIAL DISTRICT, RECORDED FEBRUARY 8, 1874 IN BOOK 28,
PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFOR^IIA, DESCRIBED AS FOLLOWS:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 49, PAGE 6 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CAUFORNIA.
EXCEPTING THEREFROM THAT PORTION THEREOF IPdCLUDED
WITHIN THE LAND DESCRIBED IN DEED TO ORANGE COUNTY
FLOOD CONTROL DISTRICT, A BODY CORPORATE AND POIITIC,
RECORDED JULY 15, 1976 IN BOOK 11812, PAGE 330 OF OFF~CIAL
RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 17, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with ihe provisions of the Anaheim Municipai Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and malce 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 evidencp and reports offered at said hearing, does find
and determine the foll~wing facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.110.100.050.0524 fo permit a live performance theater for original
dramas, piays and comedies.
2. That the proposed use is properly one for which a conditionai use permit is authorized by
the Zoning Code in Development Area 5"Commercial Area" of Specific Plan No. 94-1 "Northeast Area
Specifrc Plan:'
3. That the proposed use will not adversely aff~ct the adjoining land uses and the growth
and development of the area in which it is proposeJ to be located.
4. That the size an i shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner no; detrimental to the particular area nor to the peace,
health, safety and general welfare.
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5. That the traffic generated by the proposed ~se will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That the granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
8. That no one indicated their opposition to the proposal at the public hsaring, and that no
written correspondence in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Tfiat the Anaheim City
Pilnning Commission has reviewed the proposal to permit a live pertormance theater (ori,inal dramas,
plays and comedies) on a rectangularly-shaped 8.78-acre property having a frontage of 520 feet on the
south side of La Palma Avenue, a maximum depth of 780 feet and being located 585 feet west of the
centerline of Imperial Highway (5576 [ast La Palma Avenue); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and
that it has considered the Negative Declaration together wiih any comments received during the public
review process and further finding on tne 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 RESOLVEb that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit for a period of (5) five years, upon ihe
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:
1. That subject use permit shall expire five (5) years from the date of this resolution, on February 17,
2004.
2. That the 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 of the Anaheim Municipal Code
3. That the maximum number of patrons and seats shall be limited to fifty (50).
4. That the operations of this business shall be limited to those described in the petitioner's letter of
operation and in the Staff Report to the Planning Commission dated February 17, 1999, Item No. 6.
That the hours of operation shall be limited to 7 p.m. to 12 a.m., Monday through Thursday for
rehearsals, with performances limited to Friday and Saturday evenings 6 p.m. to 2 a.m. and Sundays
ending no later than 11 p.m.
5. That proposed Condition No. 5 was deleted at the Planning Commission public hearing.
6. That proposed Condition No. 6 was deleted af the Planning Commission public hearing.
7. That proposed Condition No. 7 was deleted at the Planning Commission public hearing.
8. That no alcoholic beverages shall be sold or consumed on the premises.
9. Tha: the parking Iot serving the premises shall be equipped with lighting of sufficient power to
iliuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate adjacent properties.
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10. That due to the change in use and/or• occupancy of ths building, plans shal! be submitted to the
Building Division showing compliance •~,ith the minimum standards of the City of Anaheim, including
the Uniform Fluilding, Plumbing, Electrical, Mechanical and Fire Codes as 2dopted by the Cibj of
Anaheim. The appropriate Rermits shall be obtained for any necessary work.
11. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removai of graffiti within t~~enty four (24)
hou~ s from time oi occurrence.
12. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission. Any additional signs shall be subject to
approval by the Planniny Commission as a"Reports and Recommendations" item.
13. That the proposal shall comply with all signing requirements of the Development Area 5 of Specific
Plan No. 94-1 "Northeast Area Specific Plan ° unless a variance allowing sign waivers is approved by
the Planning Commission or City Council.
14. That any roof-mounYed equipment shall be subject to Anaheim Municipal Code Section
18.84.062.032 pertaining to the "SC" Scenic Corridor Overlay Zone. Such information shall be
specifically shown on the plans submitted for building permits.
15. That prior to commencing operation of this business, a valid business license shall be obtained from
the City of Anaheim Business License Division of the Finance Department.
16. 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 and 2, and as conditioned herein.
17. That prior to final building and zoning inspections, Condition Nos. 9, 15 and 16, above-mentioned,
shall be complied with.
18. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 10 and 14, above-mentioned, shali be compiied
with. Extensions for further tirne to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the applicant shall meet with the Sanitation Manager of
fhe Streets and Sanitation Division to negotiate the trash and solid waste storage and the on-site trash
truck turn-around area.
BE IT FURTHER RESOLVED 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 appiicable 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, reyulation or
requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
wiih each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invafld or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be ieemed null and void.
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r
THE FOREGOING RESOLUTION v~ s dop ed at e I ning Commission meeting of
February 17, 1399. I
CHAIRPER , ANA IM CITY PLANNItJG COMtMISSION
ATTEST: •
~~ICL~.~.f~.) ~
SECRETARY, AN EIM CITY PLANNING COM~IISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, tlo hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on February 17, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, 6RlSTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
IN 1NI7NESS WHEREOF, I have hereunto set my hand this _~_ day of
1~~'.~_~ 1999.
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SECRETAR ANAHEIM CITY PLANNING COMMISSION
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