PC 85-96RESOLUTION NO. PC85-96
A RESOLUTIOP! OF TFiE ANAHEIt4 CITY PLAIJNING COMPIIS~ZON
THAT PETIiSON FOR CONDITIONAL USE PERFIIT N0. 2672 BE GRANTED
WHEREAS, the Anaheim City Planniny Commission did receive a Verified
Petition foc Conditional Use Permit from E. D. G. A. ENTERPRISES, 1990
Westwood Boulevard, Los Angeles, California 90025, 1,TTPi: LES E. LEDERER,
owner, and .lOtiN SCHROEDER, 1839 ~ayless Street, Anahe.im, California 92802,
agent for certain real pcoperty situated in the City of Anaheim, County of
Orange, State of Cali!'ornia, described -as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
~UARTER OE SECTIOPJ 23, TOWNSHIP 4 SOUTH~ RANGE 10 P1EST, IN
:HE RANCHO SAN JUAN CI~JON DE SANTA ANA~ AC SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS A]APS IN THE OFFICE
UF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF iHE CENTER L:NE OF CERRITOS
STREET AND THE CENTER LINE OF U. S. HIGHWAY 101 (LO5 ANGELES
STREET)~ AS SAID INTERSECTION IS SHOWN ON P. MAP FIL£D IN BOOY.
35: PAGE 34 OF RECORD OF SURVEYS IN TNE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, THENCE NORTH 6° 55' 00' WEST 221.61
FEET; THENCE EAST 300.37 FEET, PARALLEL WITH THE CiNTER LINE
OF CERRITOS STP.EET; THENCE SOUTH 220.00 FEET TO THE CENTER
LINE UF' CEFtRITOS STREET; THENCE WEST 273.68 FEET ALONG SAID
CENTER LINE TO 'tHE POINT OF BEGINtdING.
EkCEpT THAT PORTiOP~ THEREOF LYiNG WESTERLY OF THE FOLLOWING
DESCRIBFD LINE:
BEGINNING A2' THE INTERSECTION OP THE tJORTHEASTERLY LINE OF
THAT CERTAIN STRIP OF LAND 60.00 FEFT IN WIDTH, DESCRIBEU IN
THE DEED TO TH~ STATE OF CALIFORNIA, RECORDED JULY 10~ 1914
IN BOOK 258, PAGF. G6 OF DEEDS, WITEI THE CENTER LINE OF £AID
CEFP,iTU~ R'vi:i:lii;; 5iiiu iivi'"tit~E;t;'P1UN Bt1NG ON A CURVE CONChVE
WESTERLY~ HAVING A RADIUS OF 6?0.00 FEET; THENCE NORTHERLY
ALONG SAID CURVE TO A LINE PARALLEL WITH AND NORTHERLY 20.C0
PEET FROM THE CENTERLINE OF SAID CERP.ITOS AVENUE~ A RADIAL
LINE THROUCEi SAID POINT BEARS NORTH 82° 54' 41" EAST; THF.NCE
CONTINUING A:.ONG SAID CURVE, SU.81 FEET THROUGI3 A CENTRAL
ANGLE OF 9° 37' 14" TO THE SOUTHERLY CORNER OF LAND DESCRIBED
IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED APRIL 13,
1929 IN BOOK 257, PACE q62 OF OFFICIAL ~nECORDS; THENCE NORTH
6° 55' GO' WEST ALONG THE EASTERLY LINE OF SAID LA~9 OF TEIE
STATE OF CALIFORNIA~ TO THG NORTHERLY LINE OF SAZD LFyD ABOVE
DESCRIBED.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 1, 19F35, 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 considec evidence for and against said proposed conditional use
permit and to investigate and m~ke findin9s and recommendations in connection
therewith; said public hearing having been continued to the Planning
Commission meeting of April 15, 1985; and
#0495r PC85-96
WH~REAS, said Commission, after due inspection, investigation and ~tudy
rtiade by itself ar,d in its behilf, and after due consideration of all evidence and
reports offered at said heariny, docs Lind and determine the followzng facts:
l. That the pr~posed use is properly one for whicn a cunditional use
permit is authorized by A~iahaim Municipal Code Section 18.61.050.~20 to wit: to
permit an entertainment facility for teenager~ with waiver of the following:
SECTIONS 18.06.U50.~264, - Minimum number of parkinq spaces.
18.06.080 (197 space~ required; 64 s ar.es ro osed)
AND 18.61.066.050 -"~- - p p
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Z. That the above-:nentioned waiver is hereby granted on the basfs that
the parking waiver will not cause ar increase in traffic congestion in the
immediate vicinity uor adversely affect any adjoining land uses and granting of the
parking waiver under the conditions imposed, if any, wil? not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim;
and further on the basis that the petitioner stipulated to execute, record and
submit a parking agreement, in a form satisfactory to the City Traffic Engineer and
City Attorney, guaranteeing usage of a minimum of 133 parking spaces in the parking
area located northeast of subject propecty.
3. That the propo~ed use is hereby gcanted for a period of two (2)
years, to expire on April 15, 1987.
9. That the prupo~:ed use is hereby granted subject to the stipulation
of the petiti:,~er at the public hearing to have a minimum of four (4) security
9uards in the parking lot at all times during operating houts and two (2)
additional security guards patrolling the surrounding area.
5. That 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.
6. That the size and shape of the site proposed for tl~e use is adequate
to alt~w thn F~~11 d•,•;,.~~p^;~:~ ~~ ~1~~ Y~~b~~~~ use in a manner not detrimental to
the particular area nor to the peace, health, safety and qeneral welfare of the
Citizens of the City of Anaheim.
7• ihat the granting of the c:onditional Use Perm.it und2r the conditions
imposed, if any, wil.l not be detrimental to the peace, health, safety and general
welfare of the Citizens of the City ot Anaheim.
8. That the traffic generated by the pcoposed use will not impose an
undue burden upon the streets and highways designed and improved to carry the
traffic in the area.
9. That four persons indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENJIRONDIENTAL IMPACT FINDING: That the Anaheim City Planning Commission
has reviewed the proposal to permit an entertainment center for teenagers with
waiver of minimum numbec of parking spaces on an irregularly-shaped parcel of land
consisting of approxim~tely 0.95 acre located at the northeast corner of Cerritos
Avenue and Anaheim Boulevard, and further de~cribed as 1490 South Anaheim
E3ou.levard; and does hereby approve the Negative Declaration upon finding that it
PC85-96
has considered the Negative Ueclaration together with any comments recei.ved
duriny the public review procecs and further findirg on the basis of the
initial study and any comments ceceived that there is no substantial evidence
that the project will have a significant effect on the environment.
NGW, THEREFORE, BE IT RESULVED th~t the Anaheim City Planning
Cummission does hereby grant subject Petition for Conditional Use Permit, upon
the following con~itions which are herety found to be a necessary prerequiaite
to the proposed use of the subject property in order to preserve the safety
and general ke?fare of the Citizens of the City of Anaheim:
1• That the owner of subject property shall pay to the City of Anaheim
a fee for tree pianting purposes along Anaheim BoulPVard and
cecc:toti Avenue in an amount as deterrnined by the City Couneil.
Z• That sidewalks shall be installed along Anaheim Boulevard and
Cerritos Avenue as required by the City Engineer and in accocdance
with standard plans and speciEications on file in the Office of the
City Engineer.
3• That all driveways shall be reconstructed to accommodate ten (10)
foot radius curb returns as required by tlie City Traffic Engineer,
4• That fire sprinklers shall be instatled as required by the City Pire
Marshall.
5• That the on-site parkin3 and cicculation design shall be reviewed
and approved by the City Traffic Engineer.
6• :'hat a parking ayreement, in a form satisfactory to the City Traffic
Engineec and City Attorney shall be recorded with the office of the
Orange County Recorder guaranteeing us~ge of a mini~um of 133
parkin9 s~aces in the parking area located northeast of subject
property. A copy of the recorded agreement shall then be submitted
L-o the Ylanniny Department.
~• That all on-site lartdscanin~ an~ ~.~:-,.:
ceturbished and maintai.ned in conformance with'C ty standardshall be
8• That no alcoholic beverages shall be sold or consumed on the
entertainment facilities premises utilized ~y the teenaged patrons,
(with the exception of the second floor 6anquet facility where
alcohol consumption may be permitted for private parties subject to
the regulations of the State Depertment of Alcoholic Beverages
Contro]),
y• That trash storage a[eas shall be provided and maintained in
accocdance with appcoved plans on file With the Street Maintenance
and Sanitation Division.
10. That all air conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view.
11. That the existing structure shall be brought up to the minimum
standards oF the City of Anaheim, including the Uniform Building,
Plumbing, Electrical, Mechanical and E'ire Codes as a~ooted by the
City of Anat.eim.
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12. That the proposal shall comply with all signing requirements of the
ML Zone, unless a variance allowing sign waivers is approved by the
Planning Commission or City Council.
13. That prior to the commencement of the activity authorized under this
resolution, or prior to the time that a building permit is issued,
or within a period of ninety (90) days from the date of this
, resolution, wh.ichever occurs first, the owner(s) of subject property
, shall execute and record a covenant in a form approved by the City
Attorney's Office wherein such owner(s) agree not to contest the
formation of any assessment district(s) which may hereafter be
formed pursuant to the prov;.sions of Development Agreement No. 83-01
between the City of Anaheim and Anaheim Stadium Associates, which
, district(s) could include such owner's property. Failure to comply
with this condition within the specified time shall render this
conditional use permit null ard void.
14. That the petitioner shall submit plans to the Anaheim Chief of
Police for review and approval of security and safety provisions.
15. That parking lot lighting shali be provided at a 1-foot candlalight
minimum maintained at ground level in the parking area utilized by
the patrons.
?6. That, at the discretion of the Chief of Police, the owner/operator
snall enter into an agreement with the City of Anaheim to guarantee
reimbursement of any needed traffic and/or security control measures
that are in excess of normal patrol operations taken by the 7naheim
Police Department. Said agreement shall be subject to aop=oval of
the City Attorney's Office and the Police Department.
17. That subject property shall be oeveloped substantially in accordance
with pians and specii~„ations on file with th~ City of Anaheim
marked Erhibit Nos. 1 and 2; provided, however, that the existing
most westerly driveway on Cerritos Avenue shall he removed and
replaced with a standard curb, gutter, sidewalk arid landscaping.
18. ~hat prior to the commencement of the activity authorized under this
resolution, or prior to issuance of a building permit, or within a
period of one year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 5, 6, and 14, above-mentioned, shall
be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipa' Code.
19. That prioc to th= commencement of the activity authorized under this
resolution, or final building and zoning inspections whichever
oCCUrs firsk, Condition Nos. 2~ 3~ 4~ 7~ 9~ 10~ 11~ 15~ 16~ aAd 17~
above-mentioned, shall be complied with.
20. That prior to the commencement of the activity authorized under this
resolution, a public dance ha.ll permit shall be acquired from the
City Council in accordance with Title 4 of the Anaheim Municipal
Code.
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- 21. That subject permit shall ex.oice in two (2) years, on April 15, 1987.
2z• That there shall be a minimum of four (4) security guards in the
parking lot at all times during operating hours and two (z)
additional security guards patrolling the surrounding area.
BE IT FURTHER RESOLVED that tk~e Anaheim Cit
Y Planning Commission
does hereby find and determine that adopticn of this Resolution is expressly
predicated upon applicant'~ compliance with each and all
hereinabove set forth. Should any such conditions, or an of the conditions
declared invalid or unenforceable by the final y Part thereof, be
competent j~risdiction, then this Resolution ~udgment of any court of
containea, shall be deemed null and void. ~ and any approvals herein
THE FOREGOING RESOLUTI~y is si9ned and a,p~roved by rne this 15th day
of Apr;l, 1985.
Ge!Z~fl/ ~
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CH~CIRtIAN~ AN1lHEIM CITY PLANNING C06fMIgSTON
ATTEST:
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SECRETARY, ANAHEIDf CITY PLANCIING COPIMISSION
STATE OF CA:.IFORidiA )
CO(iNTY OF ORANGE ) ss.
CITX OF ANAHEIfd )
I. Edith L. E:arris, Secretary of the ]~naheim Ci.ty Planning
Commission, do hereby cectify that the foregoing resolution was pa.;sed and
adcpted at a meeting of the Anaheim City Ylanning Commission held on April 15
14d5, by the following vote oE the members thereof:
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AYES: COP16fISSIONERS: BOUAS, HUSfIORE
~ FRY, HERDST, KING, I~A CI,AIP.E
MC DUP:.fii
NOES: COMMISSIONERS: NONB
ABSENT: COMtqISSIOIJERS: NONE
IN WITNESS WHEREOF, 2 have hereunto set my hand this 15th day of
April, 1985.
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SECRETARY~ ANAHEIM CITY PLANNING COt4MISSION
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