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2001-272RESOLUTION NO. 2001R -272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3124 AND AMENDING THE CONDITIONS OF APPROVAL THEREFOR AS SET FORTH IN RESOLUTION NO. 89R -243. 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, this property (Concourse Bowling Alley) and a in Development Area 3 (La Palma Specific Plan No. SP94 -1; that Element designates this property and that the property is located Redevelopment Area; and is developed with a bowling alley telecommunication antenna located Core Area) of the Northeast Area the Anaheim General Plan Land Use for General Industrial land uses; within the Project Alpha Northeast WHEREAS, the applicant conditional use permit to permit charge for promotional events as bowling alley. has requested an amendment to this live entertainment and a cover an accessory use to the existing WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 30, 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 conditional use permit 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, denied said proposed amendment and adopted its Resolution No. PC2001 -101 setting forth its reasons for such denial. WHEREAS, within the time provided by law, the applicant filed an appeal from the decision of the Planning Commission; and WHEREAS, the City Council held a duly noticed public hearing on said appeal on October 23, 2001, at which hearing the 17 City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that subject to the strict time limitation and other conditions of operation set forth herein: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 3124 be, and the same is hereby, amended to permit live entertainment and a cover charge therefor for promotional events for a period of nine (9) months only as an accessory use to the existing bowling alley on the hereinabove described real property, subject to the following conditions which conditions shall amend, restate and supersede the conditions heretofore imposed pursuant to Resolution No. 89R -243: 1. That the hours of operation for the bowling alley shall not commence earlier than 9:30 a.m. Monday through Friday, excepting national holidays, as required by the City Traffic and Transportation Manager; and that the accessory activities associates with the live entertainment and promotional events shall only occur as follows: Fridays: 10 p.m. to 1:00 a.m. Sundays prior to Monday National Holiday (maximum 6 occurrences annually): 7:00 p.m. to 1:00 a.m. -2- 2. That all parking spaces shall be "standard" sized with no "small car" spaces, as required by the City Traffic and Transportation Manager. 3. That the parking lot shall be maintained in conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. A minimum of 240 parking spaces shall be available at all times. 4. That trash storage areas shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. 5. That all air conditioning facilities and other roof and ground- mounted equipment shall be properly shielded from view from adjacent properties and the Riverside (SR -91) Freeway. 6. That the proposal shall comply with all signing requirements of the SP94 -1, DA -3 (Northeast Area Specific Plan, Development Area 3 -La Palma Core Area), unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 7. That the existing landscape planters shall be permanently maintained with live and healthy plant materials. 8. That between 12 and 17 licensed uniformed security guards, with qualifications as 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 while any live entertainment activities or promotional events are being conducted on the premises. Said security guards shall remain on -duty in a number and at a location as determined to be appropriate by the Anaheim Police Department. 9. 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. 10. That no alcoholic beverages shall be sold and /or served during any event which features live entertainment and cover charge for customers patronizing this facility. 11. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, -3- removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 12. That dancing shall not be permitted on -site in conjunction with a cover charge being collected. 13. That all activities shall be conducted entirely within the building and no outdoor area shall be provided as a designated smoking area. 14. That the portion of this permit pertaining to accessory live entertainment activities and promotional events as approved by the City Council on October 23, 2001 shall be permitted for a period of nine (9) months from the date of this resolution. 15. That subject property shall be developed 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, 2 and 3, and as conditioned herein. 16. 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. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim thi 3rd day of October, 2001. it 42307.1 MAYOR OF THE CITY OF AVIHEIM -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-272 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of October, 2001, by the following vote of the members thereof. AYES, MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait., McCracken, Daiy NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None CITY CLER OF THE CITY OF ANAHEIM (SEAL)