Resolution-PC 2017-046RESOLUTION NO. PC2017-046
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO. 2013-05654 TO PERMIT A WALL -MOUNTED
ELECTRONIC READERBOARD SIGN
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013-00005D)
(5522 EAST LA PALMA AVENUE)
WHEREAS, on March 25, 2013, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning
Commission"), by its Resolution No. PC2013-030, approved Conditional Use Permit No. 2013-
05654 (herein referred to as the "Original CUP") to permit a live performance theater at 5522 East
La Palma Avenue in the City of Anaheim, County of Orange, State of California, and (2)
determined that the public convenience or necessity will be served by the issuance by the California
Department of Alcoholic Beverage Control ("ABC") of a Type 69 (Special On -Sale Beer and Wine
Theater) license (herein referred to as "Public Convenience or Necessity No. 2013-00095" or the
"Original PCN"); and
WHEREAS, on December 16, 2013 and subject to certain conditions of approval, the
Planning Commission, by its Resolution No. PC2013-087, approved Conditional Use Permit No.
2013-05654B to amend the Original CUP to change the operation of the theater from a Type 69
(Special On -Sale Beer and Wine Theater) license to a Type 64 (Special On -Sale General Theater)
license; and
WHEREAS, on June 30, 2014 and subject to certain conditions of approval, the
Planning Commission, by its Resolution No. PC2014-051, approved Conditional Use Permit No.
2013-05654C to amend the Original CUP to permit the expansion of a live performance theater in
conjunction with Variance No. 2014-04969 to permit fewer off-street parking spaces than required
by the Zoning Code; and
WHEREAS, the Original CUP, Conditional Use Permit No. 2013-05654B, and
Conditional Use Permit No. 2013-05654C shall be referred to herein collectively as the "CUP".
The conditions of approval which were the subject of the CUP shall be referred to herein
collectively as the "Previous Conditions of Approval"; and
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to amend Conditional Use Permit No. 2013-05654
(herein referred to as "Conditional Use Permit No. 2013-05654D") to permit a wall -mounted
electronic readerboard sign (the "Proposed Project") for an existing performance art theater to be
located on an existing building located at 5522 East La Palma Avenue in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit
A and incorporated herein by this reference (the "Property"); and
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WHEREAS, the Property is approximately 8.8 acres in size and is currently developed with
as an industrial park with four buildings. The Anaheim General Plan designates the Property for
Industrial land uses. The Property is located within the Anaheim Canyon Specific Plan (SP 2015-
1) area. As such, the Property is subject to the zoning and development standards described in
Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1) of the Anaheim Municipal Code (the
"Code"); and
WHEREAS, the Proposed Project is a use not expressly authorized or permitted in the
Anaheim Canyon Specific Plan Area and is also not authorized or mentioned in any zone
throughout the City. Pursuant to the authority conferred upon the Planning Director by Section
18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and,
specifically, paragraph .0201 of Subsection .020 (Unlisted Uses Permitted), the Planning Director
has found and determined that the Proposed Project does not fit into an existing use class, as
provided in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020 (Classification of
Uses), but may be authorized by conditional use permit until such time as the Code is amended to
include such a use; and
WHEREAS, May 1, 2017, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim, notice of said public hearing having been duly given as required
by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code to hear
and consider evidence for and against proposed Conditional Use Permit No. 2013-05654D, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the Planning Commission
finds and determines that the effects of the Proposed Project are typical of those generated within
that class of projects (i.e., Class 11 — Accessory Structures) which consists of the construction, or
replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or
institutional facilities, including but not limited to on -premise signs, and that, therefore, pursuant
to Section 15311 of Title 14 of the California Code of Regulations, the Proposed Project will not
cause a significant effect on the environment and is, therefore, categorically exempt from the
provisions of CEQA; and
WHEREAS, the Planning 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 with respect to the request for Conditional Use Permit No. 2013-05654D, does find and
determine the following:
1. The proposed request to permit a wall -mounted "electronic readerboard" sign, as
defined in Subsection .430 of Section 18.44.030 (Definitions) of Chapter 18.44 (Signs) of the
Code, in the Anaheim Canyon Specific Plan (SP 2015-1) area is an unlisted use for which a
conditional use permit is authorized under .0201 of Subsection .020 (Unlisted Uses Permitted) of
Section 18.66.040 of the Code.
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2. The proposed request to permit a wall -mounted electronic readerboard sign for an
existing performance art theater would not adversely affect the surrounding land uses and the
growth and development of the area in which it is proposed to be located because the Property is
developed as an industrial complex, the sign is setback approximately 90 feet from La Palma
Avenue, and the surrounding properties consist of commercial and industrial land uses.
3. The size and shape of the site is adequate to allow the full development of the
proposed electronic readerboard sign in a manner not detrimental to the particular area nor to the
health, safety and general welfare of the public because the Proposed Project will comply with all
development standards in the SP 2015-1 zone.
4. The traffic generated by permitting the wall -mounted "electronic readerboard" sign
would not impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area because the number of vehicles entering and exiting the property would not
change and the proposed electronic readerboard sign will not increase traffic in the vicinity.
5. The granting of Conditional Use Permit No. 2013-05654D under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim.
The facility has operated in this location since 1999 and has proven to be a compatible use in the
area. The addition of an electronic readerboard sign in the same location where the existing manual
readerboard is located would be consistent and compatible with surrounding uses.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
detract from the findings made in this Resolution. The Planning Commission expressly declares
that it considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. 2013-05654D, contingent
upon and subject to the conditions of approval set forth in Exhibit B attached hereto and
incorporated herein by this reference(the "Revised Conditions of Approval").
BE IT FURTHER RESOLVED that, effective upon the effective date of this
Resolution, the Revised Conditions of Approval hereby amend and replace the Previous
Conditions of Approval in their entirety. All references to the conditions of approval for the
Original CUP, Conditional Use Permit No. 2013-05654A, Conditional Use Permit No. 2013-
05654B, Conditional Use Permit No. 2013-05654C, and Conditional Use Permit No. 2013-
05654D, shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B,
which shall control and govern the Original CUP, as amended by Conditional Use Permit No.
2013-05654D.
BE IT FURTHER RESOLVED that any amendment, modification or revocation 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 Code.
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BE IT FURTHER RESOLVED that the 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of May 1, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 1, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: CALDWELL, CARBAJAL, DALATI, HENNINGER,
LIEBERMAN
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 1St day of May, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "All
DEVD NO. 2013-00005
APN: 346-451-31
o so ioo
v
Feet
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05654D
(DEV2013-00005D)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
I
Security measures shall be provided to the satisfaction of the Anaheim
Police Department,
Police Department to Police Department deter unlawful conduct of
Planning & Research
employees and patrons, promote the safe and orderly assembly and
Unit
movement of persons and vehicles, and to prevent disturbances to the
neighborhood by excessive noise created by patrons entering or leaving
the premises.
2
No required parking area shall be fenced -off or otherwise enclosed for
Planning Department,
outdoor storage uses.
Code Enforcement
Division
3
The trash enclosure shall be maintained in a location acceptable to the
Public Works
Public Works Department, Streets and Sanitation Division, and in
Department, Streets
accordance with approved plans on file with said Department.
and Sanitation
4
Performances shall not begin before 5:00 p.m., Monday through Friday.
Planning Department,
Planning Services
Division
5
The theater shall be limited to a maximum of 210 seats.
Planning Department,
Planning Services
Division
6
The performances shall be limited to theatrical dramas, comedies,
Planning Department,
musicals and plays. Activities at this business shall not trigger a
Planning Services
requirement for a sex -oriented business permit, as set forth in Chapter
Division
18.54 of the Anaheim Municipal Code.
7
There shall be no exterior advertising or sign of any kind or type,
Police Department,
including advertising directed Police Department to the exterior from
Planning & Research
within, promoting or indicating the availability of alcoholic beverages.
Unit
Interior displays of alcoholic beverages or signs which are clearly
visible to the exterior shall constitute a violation of this condition.
8
Any and all security officers provided shall comply with all State and
Police Department,
Local ordinances regulating their Police Department services, including,
Planning & Research
without limitation, Chapter 11.5 of Division 3 of the California Business
Unit
and Profession Code. (Section 4.16.070 Anaheim Municipal Code).
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
Applicant shall not share any profts, or pay any percenta e or
Police Department,
,
commission to a promoter or any other person, based upon monies
Planning & Research
collected as a door charge, cover charge, or any other form of admission
Unit
charge, including minimum drink orders, or the sale of drinks.
10
The number of persons attending the event shall not exceed the
Police Department,
maximum occupancy load as determined by the Anaheim Fire
Planning & Research
Department. Signs indicating the occupant load shall be posted in a
Unit
conspicuous place on an approved sign near the main exit from the
room. (Section 25.114(a) Uniform Fire Code).
11
All entertainers and employees shall be clothed in such a way as not to
Police Department,
be in violation of Section 7.16.060 of the Anaheim Municipal Code.
Planning & Research
Unit
12
Any graffiti painted or marked upon the premises or on any adjacent
Planning Department,
area under the control of the business owner shall be removed or painted
Code Enforcement
over within 24 hours of being applied.
Division
13
All activities related to the use shall occur indoors, except as may be
Planning Department,
permitted by an authorized Special Event Permit.
Code Enforcement
Division
14
No outside storage of equipment/furniture shall be permitted.
Planning Department,
Code Enforcement
Division
15
Address numbers shall be positioned so as to be readily readable from
Police Department,
the street. Number shall be illuminated during hours of
Planning & Research
darkness. Front and rear entrance doors shall be numbered with the
Unit
same address numbers or suite number of the business. The address
number shall be a minimum height of four inches.
16
Adequate lighting of parking lots, passageways, recesses, and grounds
Planning Department,
,
contiguous to buildings shall be provided with lighting of sufficient
Planning Services
wattage to provide adequate illumination to make clearly visible the
Division
presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all person,
property, and vehicles on-site. All exterior doors shall have their own
light source, which shall adequately illuminate door areas at all hours to
make clearly visible the presence of any person on or about the premises
and provide adequate illumination for persons exiting the building.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
SIGN CONDITIONS
17
The sign display shall be limited to displays of images related to
Planning and
performances at the theater, events, and showtimes, with a minimum 10
Building Department,
second duration of an image. The sign shall not be used for general
Planning Services
adverstising of good and services.
Division
18
The wall -mounted electronic readerboard sign display shall only be
Planning and
operated between 9:00 a.m. and 12:00 a.m.
Building Department,
Planning Services
Division
GENERAL CONDITIONS OF APPROVAL
19
Conditions of approval related to each of the timing milestones above
Planning Department,
shall be prominently displayed on plans submitted for permits. For
Planning Services
example, conditions of approval that are required to be complied with
Division
prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical plans,
landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
20
The Applicant shall defend indemnify, fy, and hold harmless the City and its
Planning Department,
officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees") from any and all claims,
Division
actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnitees and costs of suit,
claim or litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in connection with
such proceeding.
21
The applicant is responsible for paying all charges related to the processing
Planning Department,
>
of this discretionary case application within 30 days of the issuance of the
Planning Services
final invoice or prior to the issuance of building permits for this project,
Division
whichever occurs first. Failure to pay all charges shall result in delays in
the issuance of required permits or may result in the revocation of the
approval of this application.
22
The subject Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the petitioner
Planning Services
and which plans are on file with the Planning Department, and as
Division
conditioned herein.
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