Resolution-PC 2007-112~ •
RESOLUTION NO. PC2007-112
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING, IN PART, AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3124
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 89R-243, AS PREVIOUSLY AMENDED.
(3364 EAST LA PALMA AVENUE)
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 Pertnit 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; and
WHEREAS, this property is developed with a bowling alley (Concourse Bowling
Alley) and a telecommunication antenna located in Development Area 5(Comrnercial Area) of the
Northeast Area Specific Plan No. SP94-1; that the Anaheim General Plan designates the property
for General Commercial land uses;
WHEREAS, the applicant has requested an amendment to Conditional Use Permit
No. 3124 under authority of Code Section 18.60.190; and
WHEREAS, the proposed request is to remodel an existing bowling facility
including an expansion for a management office and outdoor patio area and new
telecommunications towers. Also requested are two freeway-oriented electronic readerboard wall
signs which would be subject to the adoption of the requested Zoning Code Amendment No. 2007-
00063. The proposed project includes waivers of the following:
(a) SECTION NO. 18.42.050.010
(b) SECTION NO. 18.120.100.060.08p3
(c) SECTION NO. 18.120.100.1312
Minimum number of parkin~ spaces
526 required; 240 proposed)
Maximum floor area ratio.
0.25 permitted; 0.32 proposed)
Maximum number and size of four
freeway-oriented signs.
(One 250 square foot sign permitted;
Two 544 square foot readerboard signs
and two 156 square foot channel letter
signs proposed)
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 30, 2007, at 2:30 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 18.60, 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 that
said public hearing was continued to the June 25, July 23, September 5 and October 1, 2007
meetings; 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 proposed request to remodel an existing bowling facility including an
expansion for a management office and outdoor patio area and new telecommunications towers is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section
Nos. 18.120.0507 (Bowling Alleys) and 18.120.0511 (Telecommunications Antennas).
2. That the bowling facility and proposed expansion 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.
5. The proposed freeway-oriented electronic readerboard wall signs are hereby
denied on the basis that such signs are not authorized by the Anaheim Municipal Code in
conjunction with a bowling facility and that the requested Zoning Code Amendment No. 2007-
00063, which was proposed in order to provide a mechanism for approval, has also been denied.
Both the size and quantity of said signs are excessive and unnecessary based on the proximity of the
building to the freeway and the current level of visibility of the site and building.
6. That waiver (a) is hereby 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.
7. That the parking waiver, under the conditions imposed, if any, 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).
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8. That the parking waiver, under the conditions imposed, if any, 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.
9. That the parking waiver, under the conditions imposed, 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.
10. That the parking waiver, under the conditions imposed if any, 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.
11. That waiver (b) pertaining to maximum floor area ratio (FAR) is hereby
approved since 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.
12. That waiver (c) pertaining to maximum quantity and size of freeway-oriented
signs is hereby denied, in part, because due to the perpendicular orientation of the building
expansion, two signs are necessary to be seen from both sides of the freeway; however, the four
signs, including the proposed sizes are excessive. The distance of the building to the freeway and
perpendicular orientation would provide adequate opportunity to view the signs from either side of
the freeway.
13. That no one indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal to remodel an existing bowling facility
including an expansion for a management office and outdoor patio area and telecommunications
towers; and does hereby approve the Negative Declaration upon finding that the declaration reflects
the independent judgment of the lead agency and that it has considered the 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 Planning Commission
does hereby approve an amendment to Conditional Use Permit No. 3124 to remodel an existing
bowling facility including an expansion for a management office and outdoor patio area and new
telecommunications towers with waivers minimum number of parking spaces, floor area ratio and
number of freeway-oriented wall signs, for a total of two signs.
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission 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 2001R-272 and as adopted in
connection with Conditional Use Permit No. 3124, to read as follows:
Prior to issuance of a buildin~ permit or within a period of one (1) vear from the date of this
resolution, whichever occurs first, the following conditions shall be comqlied 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.
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.
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.
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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.O1 Ob 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.
17. 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.
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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.
32. 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.
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission 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 condition, 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 applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this 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 October 1, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
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CHA A, ANAHEIM L,ANNING COMMISSION
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SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on October 1, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAKI, VELASQUEZ,
NOES: COMMISSIONERS: FAESSEL, ROMERO
ABSENT: COMMISSIONERS: NONE
r~ ( IN WITNESS WHEREOF, I have hereunto set my hand this /~~~ day of
I~G~U~7e~i' .2007. _
~- / ~,~~~`-~~
SECRETARY, ANAHEIM PLANNING COMMISSION
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City of A~eim ~
PLANNING DEPARTMENT
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
October 1, 2007.
2a. CEQA NEGATIVE DECLARATION
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT NO. 2007-05209
2d. ZONING CODE AMENDMENT NO. 2007-00063
Owner/Agent: Brandon Rainone, 3364 East La Palma Avenue, Anaheim, CA 92806
Location: 3364 East La Palma Avenue:
Conditional Use Permit No. 2007-05209 - Request to remodel an existing bowling
facility including an expansion for a management office, four telecommunications
towers and two electronic reader board signs with waivers of (a) floor area ratio, (b)
minimum number of parking spaces, (c) maximum number and size of freeway-oriented
wall signs.
Zoning Code Amendment No. 2007-00063 - Request to amend the sign code to
permit marquee or electronic reader board signs in conjunction with bowling and
billiards facilities with other uses subject to a conditional use permit.
www.anaheim.net
Commissioner Agarwal offered a motion, seconded by Commissioner Faessel and MOTION
CARRIED, that the Anaheim Planning Commission has reviewed the proposal to amend the
Zoning Code to permit marquee or electronic reader board signs in conjunction with bowling
and billiards facilities with other uses subject to a conditional use permit and does hereby
approve the Negative Declaration.
Commissioner Agarwal offered a motion, seconded by Commissioner Buffa and MOTION
CARRIED, with Commissioners Velasquez and Faessel voting no, that the Anaheim Planning
Commission does hereby determine that the proposed Zoning Code Amendment is
inconsistent with the original intent of the code section allowing electronic readerboard signs
for specific land uses and that a bowling facility does not warrant the need for changing
messages, and does therefore deny Zoning Code Amendment No. 2007-00063.
Excerpt_CU P2007-05209
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, California 92803
TEL (714)765-5139