Resolution-PC 97-135~
+1.
RESOLiJ'~ON NO PC97-135
p RESOLUTTON O'F THE ANAHEIM CITY PLANNING COMMISSION
THAT PETIT:ON FOR CONDTI'IONAI- USE PERMTT NO. 3952 BE GRANTED
WHEREAS, the Anaheim Ciry Planning Commission did receive a veri5ed
Petition f Counndof Ora gee Stat of California, de cribed as ty situated in the City of
Anahetm, h'
THAT PORTION OF THE SOUT1-IWEST QUARTER OF 'fI~E
NORTHWES'I' QUARTER OF SE.CfION 23, TOWNSHIP 4 SOUTH,
RpNGE 10 WF.ST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
~ OF CALIFORNIA, AS SHOWN ON A IvIAP N E~C~OE OFFICC O OTIiE
PAGE 10 OF MISCELLANEOUS MAPS,
COUNTY RECORDEF OF SAID COUNTY, DESC.RIBED AS
FOLLOWS:
BEGIM~ING AT THE INTERSECTION OF THE NORTHEASTERLY
RIGHT OF WAY LINE OF 60 FOOT STATE HIGHWAY, AS
PAGER66EOF DEEDS,EWITH~ HE NORTHERLY1RTGHT OF WAY
LINE OF CERRITOS AVENUE 40.00 FEET 1N WIDTH, SAID POINT
BEING UN A CURVE IN SAID NORTHEASTERLY RIGHT OF WAY
LINE CONCAVE SOUTF(WESTERLY HAVING A RADIUS OF 630.00
~~T~ p RADIAL LINE THR(3UGH SAID POINT BEARS NC)R'TH 82
DEGREES 54' 41" EAST; THENCE NQRTHERLY ALONG SAID
CURVE THRUUCiH A CENTRAL ANGLE OF 4 DEGREES 3T 14" A
DISTANCE OF 50.81 FEET; THENCE NORTH 6 DEGREFS 55' 00'
WFST ALONG THE EASTERLY I.INE OF LPND DESCRIBED IN A
DEED TO THE STATE OF CALIFOR*1TA RECORDED APRIL 13, 1929
IN BOOK 257 PAGE 462 OF I~FFICIAL RECORDS TO THE
SOUTHWEST CORNER OF TRACI' NO. 3313 AS SHOWN ON A MAP
RECORDED IN BOOK 107 PAGES 34 TO 37 INCLUSIVE OF
MISCELLANEOUS MAPo, RECORDS UF ORANGE COUNTY,
CALIFORMA; 'I'[~ENCE NORTH 89 DEGREES 56' 31" EAST 1161.91
FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3313 TO
RIGHT OF WAY, AS D OCR[BED iN A DEED RECORDED AUGU S
18, 1899 1N BOOK 44 YAGE 226 OF DEEDS; THENCE SOUTH 15
DEGREES 25' 43" EAST 78.85 FEET ALONG SAID WES'fERI.Y L1NE
TO'fI-IE EASTERLY LiNE OF TNE SOtJTHWEST QUARTER OF THE
NORTHWEST QiJARTER OF SAID SECTION 23; THENCE SOUTH Q
DEGFtEFS 10' 18" EAST 6dQ.48 FEET ALONG SAIL~ EASTERLY LINE
TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER TO
SAID SECTION 23; THENCE WEST ALONG SA1D SUUTHERLY LINE
TO THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID 60.00
FOOT STATE HIGHWAY; THENCE NORTH~RLY ALONG SAID
NORTHEASTERLY LINE TO THE POIidT OF BEGiNNING.
.1 PC97-]35
CR3056PL.WP
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EXCEPTING THEREFROM THE EAST 1~34.51 FEE1' OF SAID ~.AND.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAI~D
DESCRIBED .4S FOLLOWS:
WITH THE SOUTI-IERLYELINE OF THE NO Tf-xWEST QUARTERLOF
SAID SECTION 23 "CENTER LINE OF CERRITOS STREET" AND
DISTANCE NORTH 22A.00 FEET, MEASURED AT RIGHT ANGLES FItOM
SAID SOUTHERLY LINE, AND THE EASTERLY LINE OF THE LAND
DFSCRIBED IN A DEED TO THE STATE OF CALIFORI~IIA RECORDED
APRIL 13, 1429 IN BOOK 257 PAGE 462 OF OFFTCIAL RECORDS
"EASTERLY LINE OF LOS ANGELES STREET"; THENCE SOUTH E
D p,99 FEET TO A POIhIT ON AsCURVE CONCAVE OUT~IHWES ERL~Y
HAVING A RADIUS OF G30.00 FEET, SAID POINT BEiNG IN THE
NORTHEASTERLY RIGHT OF WAY LINE OF A 60.W FOOT STATE
HIGHWAY, AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN
BOOK 258 PAGE 6Ci QF DEEDS, A P.ADIAL LINE THROUGH SAID POINT
BEARS NORTH 78 DLGREES 17' 27" EAST; THENCE SOUTHERLY
f~LONG SAID CURVE THROUGH A CENTRAL ANGLE OF G DEGREES
UUTHER~LY LI EROFnTHE NNORTHWEST QUARTER OF SOAID SECI'ION
23, A RAUTA~. LINE THROUGH SAiD POINT BEARS NORTH 84
DEGREES 44' 2b" EAST; THENCE EAS'C ALONG SAID SOUTHERLY LINE
A T~ISTANCE OF 221.36 FEET; THENCE NORTH AND AT RIGHT ANCLES
TO SAID SOliTHERLY LiNE A DISTANCE OF 27A.00 FEET; THENCE
WEST ANJ PARALLEL WITH SAID SOUTHERLY LINF A DISTANCE OF
250.00 PEET TO THE POINT OF B~GINNING.
WHEREAS, the City Planning Commission did hold a public hearing at ~he
Civic Center in the City of Mah:,~m on Juty 21, 1947 at 1:30 p.m., notice of said public
hearing havang been duly giveri 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 cunditional use permit and to investigate and maka findings and
recommendatior.s in connection there~vith; and that ssid public hearing was continued to
the Commission meetings o€ August 18, September 3, September 15 and September
' 29, 1997; 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
jf offered at said hearing, does find and determine the following facts:
1, That the proposed use is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Sections 18.44.050.010, 18.44.050.030 and
lg a.~ ~~O.135 to ~onstruct a 6,809 sq. ft. addition to a television studio and entertainment
area with sales of bE~r for on-premises consumption, and a second level, 1,209 sq. ft. of~ce
area in conjunction with an existing indoor ~.wap meet.
2 PC97-135
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2, That the pet~tioner originally requested on-premises sale of beer and ~vine
but the request is for sale of beer only;
3, That the proposed use is properly one for which a conditional use permit is
authorized 'by the Zoning Code;
4, That the proposed use will not adversely affect the adjoining land uses 3nd
the growth and deve'lopment of the area in which it is proposed to be located because the
proposed entertairur.ent uses were previously approved for another indoor area of the
Anaheim Marketplace, and there will be no further intensification of uses by approval of
this request; and that the conduct of tl-~e entertainment uses and office area within an
enclosed building will not create any detrimental impacts to the surrounding properties;
$, That the size and shape of the site for the proposed use is adequate to allflw
the full development of the proposed use in a manner not detrimental to the particular
area nor to the ~ieace, health, safety and general welfare;
6. That the traffic generated by the proposed use will not impose an unciue
burden upon the streets and highways designed and improved to carry the traffic in the
area;
7wi!1 notibe'ndetgri nental to the pea e,thealthu safetyrand general welfa~redofl~he
imposed,
citizens ot the City of Anaheim; and
g, That two people spoice with concerns at said public hearing; and that no
correspondence was rPceived in opposition to the subject petition.
~ALIFORNIA ENVIRONMENTAL OUALITY ACT FINDIN : That the
Anaheirri City Planning Camrnission has rev~ewed the proposal to construct a 6,809 sq. ft.
addition to a television studio and entertainment area with sales of beer for on-premises
consurrption, and a second level, 1,209 sq. ft. office area in conjunction with an existing
indoor swap meet on a 14.74 acre irregularly-shaped parcel located north and east of the
northeast corner of Cerritos Avenue and Anaheim Boulevard with frontage of 725 feet on
the north side of Cerritos Avenue and 485 :eet on the east side of Anaheim Boulevard
(1440 South Anaheim Boulevard - Anaheim indoor Marketplace); and does hereby approve
the Negative Declaration upon finding that the c:e:.laration reflects the independent
judgement of the lead agency and that it has considered the Negative Deciaration together
with any comments received during the public review process and further finc::ng on the
basis he ~~~ect~will have a s'ign ficant~effect onlthe envir nment,no substantial evidence
that t , ]
_3- PC97-:'35
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon the
following ccnditions which are hereby found to be a necessary prerequisite to the proposed
use of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. T.hw condition wc-s delete.d during the public hearing.
2. That the owner of subject property shall submit a letter requesting termination of
Conditional Use Permit No. 3817 (to relocate a previously approv.,d induor
entertainment center and add a 3,283 sq.ft. outdoor event area) to the Zoning
Division.
3. That the maximum occupancy of the indoor entertainment area shall be six hundred
seventy (670) plus thirty (30) employee/performers, as stipulated to by the petitioner
and unless further restricted by the Anaheim Fire Department.
4. That the sale of alcoholic beverages for consumptio~i uutside the interior of the
television studio/entertainment area shall be prohibited.
5. That there shall be no live entertainment, amplified music nor dancing p~;rmitted on
the premises at any time without issuance of proper permit.s, as requ'rred by the
Anaheim Municipal Code.
6. That the activities taking place in connection with the operation of this establishraent
shall not cause noise disturbance to surrounding properties.
7. That all doors sirving subject establishment shall comply with the requirements of the
Uiuform Fire Code and shall be kept closed and unlocked at all times during hours
of operation except for ingress/egress, deliveries and in cases of emerger~cy.
8. That at all times when entertainment or dancing is permitted, securiry shall be
provide~ to the satisfaction of the Anaheim Police Department to deter unlawful
conduct on the part of empl~yees or natrons, and to promote the safe and orderly
assembly and movement of persons and vehicles, and to prevent disturbance to the
neighb~~rhood by excessive noise created by patrons entering or leaving the premises.
9. That the parking lot serving the premises ~hall be equipped w;th lighting of sufficeent
power to illuminate and make easily discernible the appearance and conduct of all
persons on or abouc the parking lot. Said lighting shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminate the windows of nearby
businesses.
10. That there shall be no pool tables nor coin-flperated gamec maintained within subject
ectablishment without issuance of proper permits, as required by the Anaheim
Municipal Code.
_,~ PC9'7-135
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11. That the business operator shall compty with Section 24200.5 of the Business and
Professions Code and shall not employ n~r 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 ott~er profit-sharing plan, scheme or conspiracy.
12. That beer shall be sold in containers not to ex~eed twelve (12) aunces in size.
13. That the portion of this permit pertaining to the retai! sales of beer shall expire one
(1) year from the date of issuance of an occupancy permit.
14. 'I'hat the indoor entertaiiiment uses sha11 be limited to live music, banquets, television
productior.s, sporting events and showing of theatrical ~lms, as stipulated to by the
petitioner.
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 a:e
on file with the Flanninn Department marked Revision No. Y of Exhibit Nos. 1, 2 and
3, and Exhibit Nos. 4 and S; and as conditioned herein.
16. That plans shall be submitted to the Building Division showing compliance with the
Uniform Building Cc~de pertaining tc; the minimum number of bathroom stalls for both
men's an~ wornen's restrooms for this addition.
17. That the entertainment faciliry shall be operated as a family-oriented business and
shall not include activiti~s that would ::onstitute or requirf approval far a sex-oriented
business permit under Ch~~pter 18.89 of the Anaheim 1Vlunicipal Code.
18. That beer shall only be served during weekend and holiday evenis, and on a maximum
of two evenings per week, between 7 p.m. and 11 p.~:
19. That prior to issuance of a building permit ~r within a periitd of one (1) year from the
date of this resolution, whichever occurs firsi, Gnndition Nos. 2 and 16,
above-meutioned, shall be comptied with. ~xtensions frn~,furti~er tiine to complete said
conditions may be granted in accordance with Section 18.03.0~0 0£ the Anaheim
Municipal Code.
20. That prior to final building and zoning inspections, Condition Nos. 7, 9 and 15,
above-mentioned, shall be complied with.
21. 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 aoes not include any action
or findings as to compliance or approval of tl-~e request regar~ing any other applicable
ordinance, regulation or requirement.
-5- PC97-135
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoptiot~ of this Resolution is expressly predicated upon
applicar~t's compliance with each and all of tlie conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgmeni
of any court oFcompetent jurisdiction, then this Resolution, and any ap~sovals herein contained,
shall be deemed null and void. ~
THE FOREGOING RESOLUTION a ado d at lanning Commission
meeting of September 29, 1997. ~~ ~ ~ ~ ~
RON - PRO TEMPORE
CITY PLANNING COMi'vIISSION
ATTEST:
.,
~~.D~~
SECRETARY,; NAHEIM CITY PLANNING COMMISSIO~+
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CYT'~ O~ ANAHEIIvf )
I, Margarita Solorio, Sccretary of the Anaheim City Planning Commission, do
hereby ceriify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Cummission held on September 29, 1997, by the following vote of
the members thereof:
AYL-S: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNiNGER, MAYER, NAPOLES, PERAZA
NOES: COMMISS[ONERS: NONE
ABSENT: COM~tISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
, 1997.
~ y~~
SECRETARY, ANAHEIM CITY PLANNING COMD4ISSION
_~_ PC97-135