Resolution-PC 2009-066RESOLUTION NO. PC2009-066
A RESOLUTION OF TEIE ANAHEIM CITY FLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05424
(1254 -1256 NORTH LA LOMA CIRCLE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for CondiYional Use Permit to permit a recordipg studio witb a live audaence on certain
real property situated in the City of Anaheim, Coonty of Orange, State of Califomia, shown on
Exhibit "A", attached hereto and incorporated herein by this reference;
WHEREAS, the property proposed for a recording studio with a live audience is
canently developed with a multi-tenanY indastrial building located in the Northeast Area Specific
Plan, Industria] Area (SP94-1, DA1) zone and the Merged Redevelopment Project Area and the
Anaheim General Plan designates this property for Industrial land uses; and
WHEREAS, the Anal~eim City Plauning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on July 8, 2009, at 230 p.m., notice of said public
hearing having been duly given as required by ]aw and in accordance with the grovisions of the
Anat~eim Municipal Code, Chapter 18.60, to hear ar~d consider evidence for and against said
proposed conditional use permit and to investigate and make findings and recommendations in
co~nection therewith; and
WHEREAS, the Anaheim City Planning Commission, afrer 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 a conditional use
pernut, does find and determine the following facts:
L ThaY a recording studio with a live audaence in the Northeast Area Specific Plan,
Industrial Area (SP94-1, DA1) is properly one for which a condiTional use pernnt is authorized
by Anaheim Municipal Code Section 18.120.050.0531.
2. That the recording studio with a live audience would not advarsely affect the
adjoining industrial land uses and the growth and development of the area in which it is proposed
to be located because the peak operating times do not coincide with the other businesses on the
subject aud adjacent properCies.
3. That the size and shape of the site is adeqoate to allow Yhe full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
ge~eral welfare of the public because the properry is currently improved witk~ an industrial
boilding and ~o expansion is proposed.
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4. That the traffic generated by the recording studio with a live audience would not
impose an undue burden upon the streets and highways desia ed and improved to carry the
traffic in the area because tkae operatio~s would peak wben the surroonding b~sinesses are closed
and there is adequate parking on-site to accommodate all uses on site.
WHEREAS, tbe proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities) as defined in [he State CEQA Guidelanes, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
THEREFORE BE 3T RESOLVED that the Anahelm City Planning~Commission,
for the reasons hereinabove stated, does hereby approve Conditional Use Pernvt No. 2009-0542~4
subject to the conditions of approval described in Exhibit `B" attached hareto and incorporated
by this reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the bealth, safety and general welfare of the Citizens of the
City of Anaheim.
BE IT FURT`HER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this pemvt may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the
Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolu6on is expressly predicated upon
applicant's compliance with each and all of tl~e conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or uneoforceable by the finai judgmenc 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 the applicant is respo~sible for paying all
charges related to the processing of this discretionary case application wit6iu 15 days of the
issuance of the fiual invoice ar prior to the issuance of bnilding permits for tfiis project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 8, 2009. Said resolutaon is subject Co the appeal provisions seC forth in Chapter
1$.60, "Zoning Provisions - General" of the Anaheim Municipal Code perCaining Co appeal
procedures and may be replaced by a City Council Resolution i~ the event of an appeal.
CHAII2MAN,
COMMISSION
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A
ARY, ANAHEIM CITY PLANNING COMMISSION
STA'I`E OF CALIFORNIA )
COUNTY OF ORANGE j 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 July 8, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO
NOES: ~ COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 8'~ day of July, 2009.
ARY, ANAHEIM Z"I`f'Y PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL CiSE PERll4IT NO. 2009-OSd24
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PC2009-066
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05424
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
WITHIN THIRTY (3Q} DAYS FROM THE DATE OF THIS RESOLUTION
1 The applicant shall sabmit plans Co Che Building Division Building
for a change of occupancy to an "assembly" occopancy.
WITHZN ONE (Z) YEAR FROM THE DATE OF THIS RESOLUTION
2 All work related to the change of occupancy shall be Building
completed and approved by the Bnilding Division.
3 The subjact property shall be developed substantially an Planning
accordance with the plans and specifications submitted to
the City of Anaheim by the applicant and which plans are
on file with Yhe Planning Department Exhibit Nos. 1(Site
Plan) and 2(Floor Plan) and as condiCioned herein.
GENERAL CONDITIONS - ONGOING DURING QPERATION
4 Live a~diences shall be permitted oaly in con~unction Planning
with a recording session. The recording studio sball not po~~~
be o ern ated as a public dance hall or concert venue.
Code Enforcement
5 Hours of operation for live recording sessions with an Pianning
audience shall be limited to 5 p.m. to 1 a.m. There is no police
limitation on the hours of operation for recording sessions
without an audience. Code Enforcement
6 The ma~cimam number of persons attending the eve~t shall Police
not exceed 100. Signs indicating the occupant load shall be Code Enforcement
posted in a conspicuous place on an approved sign near the
main exit from the room.
7 There shall be signs posted within the business that state Police
there is no alcohol allowed on Yhe premises at any time.
8 All uses shall be conducted wholly within the building. Planning
9 The perntitted event or activity shall not create soond levels Police
which violate any ordinance of the City of Anaheim.
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10 At all times tY~at live bands and an audience are permiCted, Police
secarity measures shall be provided to the satisfaction of
the Chief of Police to deter unlawful conduct on the part
of employees or patrons, and promote the safe and orderly
assembly and movement of persons and vehicles, and to
prevent disturbance to the neighborhood by excessive
noise created by patrons entering or ]eaving the premises.
A security plan shall be s~bmitted to the Police
DepartmentNice Detail.
11 Any and all security officecs provided shall comply witb all Police
State and I,ocal ordinances regulating their services, '
including, without limitation, Chapter l 1.5 of Division 3 of
the Califomia Business and Profession Code.
12 The doors shall remain closed at all times that live bands Police
are permitted, except during times of entry or exit,
emergencies and deliveries.
13 The business shall not be operated in such a way as to be Police
detrimental to the pubJic healCh, safeCy or welfare.
14 All eotertainers and employees shaA be clothed in such a Po19ce
way as to not expose "specified anatomical areas° as
described in Section 7.16.060~oP tbe Anaheim Municipal
Code.
15 The applicant shall post and maintain a professio~al Police
quality sign facing the premises parking lot(s) that reads
as follows:
NO LOITERING, NO LITTERING
NO DRINHING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
T7~e sign shall be at least two feet square with two inch
block lettering of a contrasYing color.
16 The parking lok of the premises shall be equipped with Police
lighting of sufficient power to illnmioate and make easily
discemible the appearance and conduct of all persons on
or abouC the parking loC.
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17 Petitioner shall not share any profiYS, or pay any Police
percentage or commission to a promoter or any other
person, based upon monies collected as a door charge,
cover charge, or any other form of admission charge.
18 No minor under the age of sixteen (16) yeazs shall be Police
allowed to attend unless accompanied by a pazent or
guardian.
19 Any violation of the applicaYion, or any attached conditions, Planning
shall be sufficie~t groonds to revoke the permit.
20 Approval of this application constitutes approval of the Planning
' proposed request only to the extent that it complies with
the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approva]
daes not incinde any action or findings as to compliance
or approval of the request regarding any other appliaable
ordinance, reg~lation or requirement.
21 Bxtensions for further time to compleYe co~ditions of Planning
approval may be granted in accordance wikh Section
18.60.170 of the Anaheim Municipal Code.
22 Timing for compliance with conditions of approval may Planning
be amended by the Planning Director upon a showing of
good cause provided (ij equivalent timing is established
that satisfies the original intent and purpose of the
condirio~(s), (ii) the modi6cation complies with the ~
Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment
of the use or approved development.
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