Resolution-PC 2011-026RESOLUTION NO. PC2011 -026
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3817
(DEV2010- 00192)
(1440 SOUTH ANAHEIM BOULEVARD)
WHEREAS, on February 6, 1996 the Anaheim Planning Commission (hereinafter referred
to as "Planning Commission "), by its Resolution No. PC96 -18 did approve Conditional Use Permit No.
3817 for a period of two years, to expire on February 5, 1998, to permit an indoor entertainment area for
a television taping studio, stage for concerts, live theatrical production, and movie screenings in
conjunction with the Anaheim Indoor Marketplace, and;
WHEREAS, on March 17, 1997 the Planning Commission, by its Resolution No. PC97 -29
did approve a reinstatement of the conditional use permit for a period of two years, to expire on March
17, 1999, and approve revised plans regarding the modified location of the indoor entertainment center
and add a 3,500 square foot outdoor event center, and;
WHEREAS, on March 15, 1999 the Planning Commission, by its Resolution No. PC99 -47
did approve a reinstatement of the conditional use permit for a period of two years, to expire on April 22,
2001, and;
WHEREAS, on January 17, 2001 the Planning Commission, by its Resolution No.
PC2001 -11 did approve a reinstatement of the conditional use permit for a period of eight years, to expire
on August 29, 2010, and;
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
an amendment to Conditional Use Permit No. 3817, to modify or delete a condition of approval
pertaining to a time limitation to retain a previously- approved indoor entertainment area for a
television taping studio, stage for concerts, live theatrical production, and movie screenings, for
certain real property situated in the City of Anaheim, County of Orange, State of California, shown
on Exhibit "A ", attached hereto and incorporated herein by this reference;
WHEREAS, the property is developed with a 133,200 square foot commercial building
located in the General Commercial (C -G) zone and the Anaheim General Plan designates this property
for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 28, 2011, at 5:00 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
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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. The facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist.
2. The permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved.
3. The 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 as there have not
been any code violations on this use.
4. With regard to the deletion of a time limitation, such deletion is appropriate because it
has been demonstrated that the use has operated in a manner that is appropriate in the underlying
zone and the surrounding area.
5. The existing use at the time of approval was properly one for which a conditional use
permit was authorized by the Zoning Code.
6. The use, as amended, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is located as the the indoor entertainment center has been
operating in conformance with conditions of approval and further there have been no code violations
on the use.
7. The size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety
as the the indoor entertainment center has been operating in conformance with all conditions of
approval and there have been no code violations on the use.
8. The traffic generated by the the indoor entertainment center will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area as the
the indoor entertainment center has been operating in conformance with conditions of approval and
there have been no code violations on the use.
9. The granting of the reinstatement of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of
Categorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove stated does hereby approve an amendment to Conditional Use Permit No. 3817
to delete a condition of approval pertaining to a time limitation to retain a previously- approved
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indoor entertainment area for a television taping studio, stage for concerts, live theatrical production,
and movie screenings, as requested by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Planning Commission
Resolution No. PC96 -18, adopted in connection with Conditional Use Permit No. 3817, to delete the
time limitation as shown in Exhibit "B" attached hereto and incorporated herein by this reference,
which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the health and safety of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
duration of the use. Amendments, modifications and revocations of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated
Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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.
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 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 requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of March 28, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pert& mg to o - al procedures and may be replaced
by a City Council Resolution in the event of an appeal.
ATTEST:
CHAIRMAN, ANA EIM CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC2011 -026
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 March 28, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of March, 2011.
bit - /r-._—
SENIOR SECR TARY, ANAHEIM CITY PLANNING COMMISSION
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IAPN: 082 - 130 -16
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234.89'
E PALAIS RD
EXHIBIT "A"
DEV2O1O- 00192
1 :164'
729.94'
E CERRITOS AVE
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11076 =
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EXHIBIT 6 GII:"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3817
(DEV2O1O- 00192)
GENERAL,
1 Alcoholic beverages shall not be sold or consumed
within any indoor or outdoor entertainment area or in
conjunction with any entertainment events.
2 Licensed and uniformed security guards shall be
provided to the satisfaction of the Anaheim Police
Department.
3 The indoor entertainment facility shall not exceed the Police,
maximum occupancy restrictions as required by the Fire
Anaheim Fire Department and Building Division. The
owner shall be responsible for maintaining the proper
number of occupants in the assembly area as shown on
approved exhibits. When the number of occupants
reaches seventy five percent (75 %) or greater of the
posted capacity, the owner shall place personnel at the
entrance and a counting device shall be used to
maintain the occupant load at or below the posted
limit
4 The indoor or outdoor entertainment uses shall not
occur any later than the operating hours of the main
indoor marketplace business.
Police
Police
Police
5 The indoor entertainment uses shall be liminted to live Police
music concerts, sporting events, closed television
broadcasts, and catered banquets.
6 This use permit is granted to operate in conjunction
with Conditional Use Permit No. 3400 (which permits
the main indoor marketplace) and shall only be valid
as long as the indoor marketplace is an authorized use
on the subject property.
7 The automatic fire sprinkler and alarm systems shall
be maintained as required by the Fire Department.
Police
Police
SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF ILY
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8 There shall be no admission fee, cover charge, nor Police
minimum purchase required.
9 If an outside promoter is used, the property owner Police
shall provide the Anaheim Police Department with a
minimum thirty (30) day advanced notice of any
outdoor entertainment event. This notice shall include
the name, address, and phone number of the promoter
and detailed information regarding the type of event
including dates, hours, anticipated attendance, and
nature of the event.
10 The subject property shall be developed substantially Planning
in accordance with the plans and specifications
submitted to the City of Anaheim by the applicant and
which plans are on file with the Planning Department
and labeled as Exhibit Nos. 1 (Site Plan) and 2 (Floor
Plan) as approved by the Planning Commission on
February 6, 1996, and as conditioned herein
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