Resolution-PC 2003-120• •
RESOLUTION NO. PC2003-120
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04347, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2001-166,
ADOPTED THEREWITH
WHEREAS, on June 19, 2001, the Anaheim City Council did, by its Resolution No. 2001-166,
grant Conditional Use Permit No. 2001-04347 to permit a cooperative arts museum, gallery and meeting hall
at 2821 East White Star Avenue, Unit D, with waiver of minimum number of parking spaces (74 spaces
required, 68 spaces proposed); and
WHEREAS, said Resolution includes the following condition of approval:
"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."
WHEREAS, this property is developed with an industrial complex containing 23 units in three
buildings, including the subject use; that the zoning is Development Area 1(Industrial Area) of the Northeast
Area Specific Plan No. SP94-1; that the Anaheim General Plan designates the property for General
Industrial land uses; and that the property is located within the Alpha Northeast Redevelopment Project
Area; and
WHE~EAS, tFie-petitiorrer-has reqaested reinstatement ~f this Condifionaf Use Permit fo retain
the cooperative arts museum, gallery and meeting hall with waiver of minimum number of parking spaces
pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 11, 2003, 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 authorized by the Zoning Code.
2. That the use, as reinstated and amended, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as reinstated and amended, is adequate to
allow full development of the use in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
4. That the traffic generated by the use, as reinstated and amended, will not impose an undue
burden upon the streets and highways designed and improved to carry traffic in the area.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
Tracking No. CUP2003-04732
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6. That this Conditionaf Use Permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the City Council; and that inspection
of the premises by the Code Enforcement Division has determined that the facility is in compliance with all
applicable conditions of approval.
7. That this Conditional Use 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
evidenced by the absence of Code Enforcement Division complaints regarding the use.
8. 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 to retain a cooperative arts museum, gallery and meeting hall on
property consisting of 2.1 acres located at the northeast corner of White Star Avenue and Blue Gum Street,
having frontages of 370 feet on the north side of White Star Avenue and 296 feet on the east side of Blue
Gum Street, and being further described as 2861 East White Star Avenue, Unit D; and does hereby find that
the Negative Declaration previously approved in connection with Conditional Use Permit No. 2001-04347 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 Ciry Planning Commission does
- -~ereby FefFlSta~e a~rd approve Conditionat Use Permit No. 20fT1-0~347 tb permif a cooperative arfs museum,
gallery and meeting hall at 2821 East White Star Avenue, Unit D, with waiver of minimum number of parking
spaces (74 spaces required, 68 spaces proposed); and
BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. 2001-166,
adopted in connection with Conditional Use Permit No. 2001-04347, are hereby amended in their entirety to
read as follows:
1. That this Conditional Use Permit shall expire in two (2) years on June 19, 2005.
2. That the facility shall be used and operated in compliance with "A3" Uniform Building Code occupancy
requirements.
3. That trash storage areas shall be maintained in compliance with approved plans on file with the Public
Works Department.
4. That no outdoor events (including car shows, concerts, barbeques, live art performances, etc.) shall be
permitted. All business shall be conducted wholly inside the existing building.
That the maximum occupancy of this facility shall be fifty (50) persons.
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 p.m. to 1 a.m., daily.
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10. That the sale, dispensing and/or consumption of alcohol beverages shall not be permitted on the
premises; except for a maximum of five (5) special events per calendar year and provided that any
necessary permits and/or licenses are obtained from the Department of Alcoholic Beverage Control for
such events.
11. That no food that is cooked, heated, reheated, assembled or altered on-site shall be permitted without
the prior application for, and approval of, a Conditional Use Permit for a restaurant.
12. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscape maintenance, removal of trash and debris, and removal of graffiti within twenty four (24)
hours from the 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 securiry guard shall be provided at events and
shall remain on duty as determined to be appropriate by the Police Department.
14. That no required parking areas shall be fenced or otherwise enclosed for storage or other outdoor use.
15. That subject property shall be development substantially in accordance with plans and specification
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.
16. That the approval of this application constitutes approval of the proposed request only the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
- - ~egula~ions; approval does -not inclr~de anp actian or fir~d'mgs ~s to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirements.
THE FOREGOING RESOLUTION was adopted at the PI ning Commission meeting of
August 11, 2003.
CH IRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 August 11, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2003.
~D %/~ ,~ n
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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