RES-2007-247RESOLUTION NO. 2007 -247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3124, IN PART, AND AMENDING CERTAIN
CONDITIONS OF APPROVAL OF RESOLUTION NO. 89R-
243, AS PREVIOUSLY AMENDED.
WHEREAS, on June 20, 1989, the Anaheim City Council adopted Resolution No.
89R -243, granting Conditional Use Permit No. 3124 to permit a bowling alley (with accessory and
incidental sale and consumption of alcoholic beverages) and waiver of the minimum number of
parking spaces on property located at 3364 East La Palma Avenue; and
WHEREAS, on September 1, 1998, the City Council adopted Resolution No. 98R-
186, denying a request to amend Conditional Use Permit No. 3124 to permit a dance hall as an
accessory use to the bowling alley; and
WHEREAS, on October 23, 2001, the City Council adopted Resolution No. 2001R-
272, approving a request to amend Conditional Use Permit No. 3124 to permit live entertainment
and a cover charge for promotional events for a period of nine (9) months only as an accessory use
to the existing bowling alley, which approval expired by its own terms on July 23, 2002; and
WHEREAS, this property is developed with a bowling alley (Concourse Bowling
Alley) and a telecommunication antenna located in Development Area 5 (Commercial Area) of the
Northeast Area Specific Plan No. SP94 -1; that the Anaheim General Plan designates the property for
General Commercial land uses; and
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for an amendment to Conditional Use Permit No. 3124 to permit the remodel of an existing bowling
facility with the addition of administrative offices, an outdoor patio area and four (4) new
telecommunications antenna towers, to also permit two (2) freeway- oriented electronic readerboard
wall signs (approval of the request for two (2) freeway- oriented electronic readerboard wall signs is
subject to, and dependent upon, the approval of Zoning Code Amendment No. 2007 00063, now
pending) and for two (2) 156 square foot freeway- oriented channel letter wall signs with waivers of
the following provisions of the Anaheim Municipal Code:
(a) SECTION NO. 18.42.050.010 Maximum number of parking spaces.
(526 required; 240 proposed)
(b) SECTION NO. 18.120.100.060.0803 Maximum floor area ratio.
(0.25 permitted; 0.32 proposed)
(c) SECTION NO. 18.120.100.130.1312
Maximum number and size of freeway
oriented wall signs.
(One (1) freeway- oriented wall sign
permitted; Two (2) 544 square foot freeway
oriented electronic readerboard wall signs and
two (2) 156 square foot freeway- oriented
channel letter wall signs proposed)
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 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. PC2007 -112 granting, in part, the amendment to Conditional
Use Permit No. 3124 to permit the remodel of an existing bowling facility with the addition of
administrative offices, an outdoor patio area and four (4) new telecommunications antenna towers,
and including the waiver of code requirements pertaining to the maximum number of parking
spaces, maximum floor area ratio and two (2) 156 square foot freeway- oriented channel letter wall
signs; and denying the request for an amendment to said conditional use permit with waiver of code
requirements for two (2) 544 square foot freeway- oriented electronic readerboard wall signs; and
WHEREAS, within the time prescribed by law, the applicant did appeal said Planning
Commission decision to the Anaheim City Council, asking the City Council to reconsider the
amendment to conditional use permit with waiver of code requirements, as requested by applicant,
for two (2) 544 square foot freeway- oriented electronic readerboard wall signs that was denied by
the Anaheim City Planning Commission; and
WHEREAS, thereafter, the City Council did set said application for a de novo public
hearing, which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did
hold and conduct such public hearing and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, including all the evidence submitted to the Anaheim
City Planning Commission at the time of its hearing upon said application, and did consider the
same; and
WHEREAS, after careful consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing the City Council does hereby find
and determine, with respect to the request for an amendment to said conditional use permit to
remodel an existing bowling facility with the addition of administrative offices, an outdoor patio
area and four (4) new telecommunications antenna towers, that all of the conditions and criteria set
forth in the Anaheim Municipal Code are present as follows:
1. That the proposed request for a permit to remodel an existing bowling facility with the
addition of administrative offices, an outdoor patio area and four (4) new telecommunications
antenna towers is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section Nos. 18.120.100.050.0507 (Bowling Alleys) and 18.120.100.050.0511
(Communications Stations and Antennas).
2. That the bowling facility and proposed expansion, as described above, will not adversely
affect the adjoining land uses or the growth and development of the area in which it is proposed to
be located.
3. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety.
4. That granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land
use that is compatible with the surrounding area.
WHEREAS, the City Council does further find and determine that the request for the
waiver of code requirements pertaining to the maximum number of parking spaces, maximum floor
area ratio, and the two (2) 156 square foot freeway- oriented channel letter wall signs should be
granted for the following reasons:
1. That waiver (a) above specified, regarding the maximum number of parking spaces,
should be approved based upon an update to a previous parking demand study prepared by Kunzman
Associates, dated May 3, 2007, providing evidence that adequate parking exists on the property for
the bowling facility and proposed expansion, and for the following reasons:
a. That waiver (a), relating to the maximum number of parking spaces, will not cause
fewer off street parking spaces to be provided for the bowling facility and proposed expansion than
the number of such spaces necessary to accommodate all vehicles attributable to such use under the
normal and reasonable foreseeable conditions of operation because the parking study indicates that
the peak parking demand for off street parking spaces is lower than the quantity provided for the
project site (168 spaces needed and 240 spaces proposed during peak hours).
b. That waiver (a), relating to the maximum number of parking spaces, will not increase
traffic congestion and will not increase the demand and competition for parking spaces upon the
public streets in the immediate vicinity of the use because the bowling facility and proposed
expansion will have adequate parking to accommodate the project's peak parking demands.
c. That waiver (a), relating to the maximum number of parking spaces, will not increase
the demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because as indicated in the parking study, adequate parking to
accommodate the anticipated project peak parking demand will be provided on -site.
d. That waiver (a), relating to the maximum number of parking spaces, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use because the project site is physically separated from adjacent private
properties. Furthermore, it has been determined by the parking study that adequate on -site parking
spaces are being provided.
2. That waiver (b) above specified, relating to maximum floor area ratio (FAR), should be
approved because the existing building is currently legal nonconforming with respect to the FAR
limitation of 0.25 in Development Area 5 of the Northeast Area Specific Plan since it was developed
prior to the specific plan adoption. Moreover, the proposed 0.32 FAR would be consistent with the
FAR limitations in the General Plan, which is 0.5. Further, staff will be processing a specific plan
amendment to the Northeast Area Specific Plan in order to raise the FAR limitation so that it is
consistent with the General Plan.
3. That waiver (c) above specified, relating to maximum quantity and size of freeway
oriented signs for two (2) 156 square foot freeway- oriented channel letter wall signs, should be
approved because the two signs are necessary so that the signs may be seen from both sides of the
freeway due to the distance of the building from the freeway and the perpendicular orientation of the
building.
WHEREAS, the City Council does further find and determine, with respect to the
request for an amendment to said conditional use permit for two (2) 544 square foot freeway
oriented electronic readerboard wall signs, that all of the conditions and criteria set forth in the
Anaheim Municipal Code are not present for the following reasons:
1. That the proposed request for a permit for two (2) 544 square foot freeway- oriented
electronic readerboard wall signs is not properly one for which a conditional use permit is authorized
under subsection .010 of Section 18.44.050 of the Anaheim Municipal Code.
2. That the two (2) 544 square foot freeway- oriented electronic readerboard wall signs
requested by the applicant are excessive and unnecessary and are not needed to identify the business.
Furthermore, the placement, size and other physical attributes of the proposed electronic readerboard
wall signs are aesthetically undesirable and would adversely affect the adjoining land uses or the
growth and development of the area in which the signs are proposed to be located.
3. That the approval of the conditional use permit, based upon the findings in Section 2
above, would be detrimental to the health and safety of the citizens of the City of Anaheim and
would provide a land use that is not compatible with the surrounding area.
WHEREAS, the City Council does further find and determine that the request for the
waiver of code requirements pertaining to the two (2) 544 square foot freeway- oriented electronic
readerboard wall signs should be denied for the following reasons:
1. That waiver (c) above specified, relating to maximum quantity and size of freeway
oriented signs for two (2) 544 square foot freeway- oriented electronic readerboard wall signs, should
be denied because there has been no adequate showing by the applicant that such waives relating to
maximum quantity and size are necessary due to special circumstances applicable to the property,
including size, shape, topography, location or surroundings, which do not apply to other property
under identical zoning classification in the vicinity.
2. That waiver (c) above specified, relating to maximum quantity and size of freeway
oriented signs for two (2) 544 square foot freeway- oriented electronic readerboard wall signs, should
be denied because there has been no adequate showing by the applicant that such waives relating to
maximum quantity and size are necessary to avoid denial of a privilege enjoyed by other properties
in the same vicinity and zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the action of the Anaheim City Planning Commission granting, in part, said
amendment to conditional use permit be, and the same is hereby, affirmed for the reasons
hereinabove specified, and that the request to amend said conditional use permit for the remodel of
an existing bowling facility with the addition of administrative offices, an outdoor patio area and
four (4) new telecommunications antenna towers, and including the waiver of code requirements
pertaining to the maximum number of parking spaces, maximum floor area ratio and two (2) 156
square foot freeway- oriented channel letter wall signs be, and the same is hereby, approved.
BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the
action of the Anaheim City Planning Commission denying, in part, said amendment to conditional
use permit be, and the same is hereby, affirmed for the reasons hereinabove specified, and that the
request to amend said conditional use permit for two (2) 544 square foot freeway- oriented electronic
readerboard wall signs with waivers of the aforesaid provisions of the Anaheim Municipal Code be,
and the same is hereby, denied.
BE IT FURTHER RESOLVED that the by the City Council of the City of Anaheim
does hereby amend, in their entirety, the conditions of approval adopted in connection with
Resolution No. 89R -243, as amended by Resolution Nos. 98R -186 and 2001 R -272 and as adopted in
connection with Conditional Use Permit No. 3124, to read as follows:
Prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, the following conditions shall be complied with:
1. That final elevation plans, including colored elevations and a material board, shall be
submitted to the Planning Department for review and approval. Any decision by the Planning
Department may be appealed to the Planning Commission as a Reports and Recommendations
item.
2. That final sign plans shall be submitted for review by the Planning Commission as a Reports
and Recommendations item.
3. That all equipment, including supply cabinets and power meters shall be installed on private
property and shall be screened from public view, as approved by the Planning Services Division.
The developer shall obtain a Right -of -Way Construction Permit from the Public Works
Department for any work within the public right -of -way, including but not limited to installation
of conduit, cable and electrical service lines.
4. That the wall surrounding the outdoor patio area shall consist of a solid wall of at least four
(4) feet with glass on top for a minimum combined height of six (6) feet. Said information shall
be shown on plans submitted for building permits.
5. That the applicant shall be required to protect in place the City of Anaheim's existing 10-
inch cast iron water main, the centerline of which, according to record drawings, is located 4 -feet
west of the west property line. Furthermore, the footings of the cellular telephone towers,
buildings, walls, or structures adjacent to the property's west property line must not impose any
additional loading onto the City of Anaheim's existing 10 -inch cast iron water main. Detail
plans of footings for any building or structure adjacent to the 10 -inch caster iron water main
must be submitted to the City of Anaheim for review and approval prior to issuance of any
building permit. Said plans shall accurately locate the existing 10 -inch cast iron water main in
relation to the proposed construction.
6. That all backflow equipment shall be located above ground outside of the street setback area
in a manner fully screened from all public streets. Any backflow assemblies currently installed
in a vault shall be brought up to current standards. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division in either underground
vaults or outside of the street setback areas in a manner fully screened from all public streets and
alleys. Said information shall be shown on plans and approved by Water Engineering and Cross
Connection Control Inspector before submittal for building permits.
7. That all requests for new water services or fire lines, as well as any modifications,
relocations, or abandonments of existing water services and fire lines, shall be coordinated
through the Water Engineering Division of the Anaheim Public Utilities Department.
8. That the trash enclosure shall be refurbished per City Standards and approved by the Streets
and Sanitation Division of the Public Works Department. Said information shall be included on
plans submitted for building permits.
Prior to final building and zoning inspections the following conditions shall be complied with:
9. That the screening parapet and tower material are subject to approval of a zoning inspection
to confirm that no telecommunications or other roof mounted equipment is visible from public
view.
10. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
General Conditions:
11. That the applicant shall provide two (2) licensed uniformed security guards on Fridays and
Saturdays, between the hours of 8:00 p.m. and 2 a.m. Two guards shall monitor the parking lot
and two guards shall monitor the inside of the premises, with one at the door and the other
roaming the floor to keep minors from obtaining alcohol. Security measures shall be provided to
the satisfaction of the Anaheim Police Department 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 leaving the premises.
12. That at all times when the premise is open for business, the premise shall be maintained as a
bona fide restaurant and shall provide a menu containing an assortment of foods normally
offered in such restaurant.
13. That there must be the same food availability on the patio area as is provided within the
building.
14. That there shall be no exterior advertising of any kind or type, including advertising directed
to the exterior from within, promoting or indicating the availability of alcoholic beverages.
15. That the parking lot serving the premises shall be equipped with lighting of sufficient power
to illuminate and make easily discernible the appearance and conduct of all persons on or about
the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as
not to unreasonably illuminate or be a problem for freeway drivers. The parking area should be
illuminated with a one foot candle power and a lighting study should be done.
16. That there shall be no amusement and entertainment as defined in Section 4.18.010b of the
Anaheim Municipal Code permitted on the premises at any time. Notwithstanding the
foregoing, a DJ or jukebox may be permitted within the premises as authorized and in
accordance with the terms of a valid entertainment permit issued pursuant to Chapter 4.18 of
Title 4 of the Anaheim Municipal Code.
1 7. Deleted during the public hearing.
18. The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all
food and beverage sales during any three (3) month period. The applicant shall maintain records
on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other
items. These records shall be made available for inspection by any City of Anaheim official
when requested.
19. The sale of alcoholic beverages for consumption off the premise shall be prohibited.
20. The activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
21. That subject alcoholic beverage license shall not be exchanged for a public premise (bar)
type license nor shall the establishment be operated as a public premise as defined in Section
23039 of the Business and Professions Code.
22. That there shall be no admission fee, cover charge, nor minimum purchase required.
23. That the business operator shall comply with Section 24200.5 of the Business and Profession
Code so as not to employ or permit any persons to solicit or encourage others, directly or
indirectly, to buy them drinks in the licensed premises under any commission, percentage,
salary, or other profit- sharing plan, scheme or conspiracy.
24. That the applicant shall not share any profits, or pay any 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, including minimum drink orders, or the sale of drinks.
25. That all doors serving subject restaurant shall conform to the requirements of the Uniform
Fire Code and shall be kept closed at all times during the operation of the premises except for
ingress /egress, permit deliveries and in cases of emergency.
26. There shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
27. That no Special Event Permits shall be permitted for the bowling alley, and that no banners
or other temporary advertising shall be displayed at this location.
28. That all activities shall be conducted entirely within the building and no outdoor area, with
the exception of the outdoor patio, shall be provided as a designated smoking area.
29. That the property shall be permanently maintained in an orderly fashion through the
provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti
within twenty -four (24) hours from the time of discovery.
30. That timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition(s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
31. That extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal.
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.
BE IT FURTHER RESOLVED that the time within which rehearings must be sought
is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is governed by the provisions of
Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R -524.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 8th day of December 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring
NOES: Council Member Galloway
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
414..L A _1 lag
C TY CLERK OF TH NAHEIM
67251.v1/MGordon
CITY OF ANAHEIM
By:
MAYOR OF THE tIIIY OF NAHEIM