Resolution-PC 2001-11~
RESOLUTION NO. PC2001-11
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3817
FOR TEN (10) YEARS TO EXPIRE ON AUGUST 29, 2010
(CUP Tracking No. 04299)
WHEREAS, on February 5, 1996 the Planning Commission adopted Resolution No. PC96-
18 to grant Conditional Use Permit No. 3817 and permit an indoor entertainment area for a television
taping studio and an indoor stage for concerts, live theatrical productions and movie screenings in
conjunction with an indoor swap meet (Anaheim Indoor Marketplace) on property located at 1440 South
Anaheim Boulevard; and that Condition No. 1 of said resolution specified that the use was approved for a
period of two years to expire on February 5, 1998; and
WHEREAS, on March 17, 1997 the Planning Commission adopted Resolution No. PC97-
29, to amend Resolution No. PC96-18 and approve revised plans regarding the location of the indoor
entertainment center, to add a 3,500 sq. ft. outdoor event area and to permit the use until March 17,
1999; and
WHEREAS, on March 15, 1999, the Planning Commission adopted Resolution No. PC99-
47, to reinstate this conditional use permit and permit the approved uses until April 22, 2001 or until the
indoor swap meet closes, whichever occurs first; and
WHEREAS, the property is developed with a 133,200 square foot former
commercial/industrial building which has been modified for use as an indoor swap meet facility with
accessory outdoor uses; that the property is located in Sub Area 2 of the South Anaheim Boulevard
Corridor of the Anaheim Commercial/Industrial Redevelopment Project Area; that the property is zoned
CL(SABC) (Commercial, Limited-South Anaheim Boulevard Corridor Overlay); and that the Land Use
Element of the Anaheim General Plan designates this property for General Commercial land uses; and
WHEREAS, the petitioner has requested reinstatement of this use permit (which will expire
on April 22, 2001) to retain the existing indoor entertainment facility for a television taping studio and an
indoor stage for concerts, live theatrical productions and movie screenings, and an outdoor event area in
conjunction with the existing indoor swap meet.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 17, 2001, at 1:30 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
18.03, to hear and consider evidence for and against said proposed amendment and to investigate and
make 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 evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the use, as proposed to be reinstated, is properly one for which a conditional use
permit is autF~orized by the Zoning Code.
2. That this use permit has been exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission in 1996.
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3. That there have been no Code Enforcement complaints or violations regarding this stage
and concert use.
4. That all indoor entertainment activities have been contained within the confines of the
marketplace building during reasonable afternoon hours in a well-controlled environment, and without the
sale or consumption of alcoholic beverages within the concert area; and that all outdoor entertainment
events have been conducted during reasonable afternoon hours within an enclosed area at the rear of the
main building out of the public's view, and without the sale or consumption of alcoholic beverages within
the event area; and that, therefore, this permit has been exercised in a manner which is not detrimental
to the surrounding land uses, nor to the public peace, health, safety and general welfare.
5. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3817 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and further
finding on the 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 RESOLVED that the Anaheim City Planning Commission does
hereby reinstate Conditronal Use PerrrTit Na 3817 to-retain the indooF entertainment #aciEity ~or a
television taping studio, and the indoor stage for concerts, live theatrical productions and movie
screenings, and the outdoor event area for a period of ten (10) years to expire on August 29, 2010; and
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. PC96-18 adopted in connection with
Conditional Use Permit No. 3688, as amended, to read as follows:
1. That this conditional use permit shall expire on August 29, 2010.
2. That alcoholic beverages shall not be sold or consumed within any indoor or outdoor entertainment
area or in conjunction with any entertainment events.
3. That the indoor entertainment facility shall not exceed the maximum occupancy restrictions as
required by the Anaheim Fire Department and the Building Division. The business 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. That any indoor or outdoor entertainment event shall not occur any later than the operating hours of
the main indoor marketplace business (i.e., until 7 p.m., seven (7) days a week).
5. That the indoor entertainment uses shall be limited to live music concerts, sporting events, closed TV
broadcasts, and catered banquets.
6. That this use permit is granted to operate in conjunction with Conditional Use Permit No. 3400 (which
permits the indoor swap meet) and shall only be valid as long as said indoor swap meet is an
authorized use on the subject property.
That the automatic fire sprinkler system shall be maintained as required by the Fire Department.
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8. That a fire alarm system shall be maintained as required by the Fire Department.
9. That if an outside promoter is used, the property owner 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
event.
10. That subject property shall be maintained 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.
11. 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.
THE FOREGOING RESOLUTION was adopted at the F~anni~g~ mmission meeting of
January 17, 2001. // /
CHAIRPERSON, A~
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CITY PLANNING COMMISSION
I, Osbelia Edmundson, 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 January 17, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, KOOS, NAPOLES
NOES: COMMISSIONERS: VANDERBILT
ABSENT: COMMISSIONERS: ARNOLD
ABSTAINED: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3 day of
, 001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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