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2001-166RESOLUTION NO. 2001- 166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001- 04347. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a cooperative arts museum, gallery and meeting hall upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1 OF PARCEL MAP NO. 549, AS SHOWN ON A MAP FILED IN BOOK §4, PAGE 2, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2001-64 denying Conditional Use Permit No. 2001-04347; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the inunediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the inunediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Coramission denying said conditional use permit be, and the same is hereby, reversed and that Conditional -2- Use Permit No. 2001-04347 be, and the same is hereby, granted permitting a cooperative arts museum, gallery and meeting hall the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: on Sections 18.06.050.023.0233 18.06.050.026.0261 18.06.050.030.031 and 18.110.050.110 Minimum number of parking spaces. (7__4 required; 6__8 proposed and concurred with by the City Traffic Section) subject to the following conditions: 1. That trash storage areas shall be refurbished to comply with approved plans on file with the Public Works Department. 2. That plans shall be submitted to the Building Division showing that the facility complies with all "A3" occupancy requirements. If the building does not comply with "A3" occupancy requirements, the petitioner shall submit plans for tenant improvements to meet these standards prior to operation. 3. That this permit shall expire two (2) years from the date of this resolution on June 19, 2003 and any and all uses authorized hereunder shall be terminated on or before said date. 4. That no outdoor events (including car shows, concerts, barbecues, live art performances, etc.) shall be permitted. Ail business shall be conducted wholly within the existing building. 5. That the maximum occupancy of this facility shall be limited to 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 6:00 p.m. to 1:00 a.m. Sunday through Thursday, and 6:00 p.m. through 1:00 a.m. Friday and Saturday. 10. That the sale, dispensing and/or consumption of alcoholic beverages shall not be permitted on the premises; except for not to exceed five (5) special events per calendar year and provided that any necessary permits and/or licenses are obtained from the Alcoholic Beverage Control for such events. -3- 11. That no food which is cooked, heated, reheated, altered on-site shall be permitted without approval Conditional Use Permit for a restaurant. assembled or of a 12. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24 hours from 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 guards shall be provided at events and remain on-duty as determined to be appropriate by the Anaheim Police Department. 14. That the property owner shall submit a letter requesting the termination of Conditional Use Permit No. 1992 (to permit an exterminating service) to the Zoning Division. 15. That no required parking areas shall be fenced or otherwise enclosed for outdoor storage use. 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 within 60 days from the date of this resolution, Condition Nos. 2, 8, and 16, above-mentioned, shall be complied with. 18. 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 City Council 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 conditions, 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. -4- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of June, 2001. ATTEST: ~ ~C~ CLERK OF THE CITY OF ANAHEIM 40721.1 -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No, 2001R-166 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of June, 2001, by the following vote of the members thereof: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None CLERK OF THE CITY OF ANAHEIM (SEAL)