Resolution-PC 99-101RESOLUTION NO.1'C99-101
A RESOLUTION OF THE ANAHEIM CITY PLANNING vOMMISSION
THAT PETITION F04 CONDITIONAL USE PERMIT NO. 4114 BE GRANTED, IN PAF2T
WHEREAS, the Ar~aheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, Co~nty of Orange, St~te
of California, described as:
PARCEL1:
THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE
11 WEST IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE ~JF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTS', CALIFORNIA.
EXCEPT THE NORTH 66.00 FEET TWEREOF AS CONVEYED TO THE STATE
OF CALIFORN~~'~ B" !'EF•~ RECORDED JANUARY 20, 1956 IN BOOK 3362,
PAGE 306 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY
ALSO EXCEPT THE WEST 190.00 FEET OF THE NORTH 216.00 FEET
THEREOF.
ALSO EXCEPT T'1E SOUTH 132.00 FEET THEREOF.
ALSO EXCEPT THE EAST 129.30 FEET THEREOF.
ALSO EXCFPT THE EAST 185.00 FEET OF THE NORTH 216.00 FEET
THEREOF.
PARCEL 2:
THAT PORTION OF THE WEST HALF OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE i~ANCHO LOS COYOTES,
THAT IS DESIvNATED AS PARCEL 2 AND PARCEL 3 ON A MAP FILED IN
BOOK 49, PAGE 33 OF RECORD OF SURVEYS, IN 1'HE OFFICE OF THE
COUNTY RECORDER OF QRANGE COUN?Y, CALIFORNIA.
EXCEPT THE WEST 0.7& FEET dF SAID PARCEL 3.
ALSO EXCEPT THE FAST 12.00 FEET OF i HE S~UTH 108.50 FEET OF SAID
PARCEL3.
ALSO EXCEPT THE EAST 2.00 FEET OF THE NOP.TH 137.33 FEET OF THE
SOUTH 245.83 FEET OF SA~D PARCEL 2.
ALSO EXCEPT THE SOUTH 108.50 FEtT OF SAID PARCEL 2.
PARCEL 3:
PARCFL 1 AND THE EAST 2.00 FEET OF THE NOR7H 137.33 FEET OF THE
SOUTFi 45.83 FEET OF PARCEL 2, BOTH AS SHOWN ON A MAP FILED IN
CR3652PK.DOC -1- PC99-101
BOOK 49, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THE SOUTH 108.50 FEET OF SAID PARCEL 1.
PARCEL 4:
PARCEL 4 AND THE WEST 0.78 FEET OF PARCEL 3 BOTH AS SHOWN ON
A MAP FILED IN BOOK 49, PAGE 33 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNN RECORDER OF ORANGE COUNTY, CALIFORNIA..
EXCEPT THE WEST 0.70 FEET OF SAID PARCEL 4.
PARCEL 5:
THE SaUTH 108.50 FEET OF PARCELS 1 AND 1. AND OF TNE EAST 12.00
FEET GF PARCEL 3 OF A SURVEY OF A PARCEL OF LAND, AS SAID
PARCELS ARE SHOWN ON A MAP FILED IN BOOK 49, PAGE 33 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL6:
THE SOUTH 150.00 FEET OF THE NORTH 216.00 FEET OF THE EAST 185.00
FEET OF THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4
SOUTF'. RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP
RECURDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY REGORDER OF ORANGE COUNTY.
NOTE: SAID PARCELS ARE ALSO SHOWN IN BOOK 44, PAGE 16 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECOROER OF SAID
COUNTY.
WHEREAS, the City Planning Cammis~ion did hold a public hearing at the Civic Center in
the City oF Anaheim on June 7, 1999 at 130 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 that the hearing was continued from the
May 10 and May 24, 1999 Planning Commission 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 hearin~, does find
and determine the following facts:
1. That the proposed use is properly one for wh(ch a conditional use permit is authorized by
,4naheim Municipal Code Sections 18.44.050.135, 18.44.050.155 and 18.44.050.207 to establish
c;~nformity ~vith rxisting Zoning Code Iand use requirements for an existing non-conforming commercial
retail center and liquor store, to permit a dance studio and public dance hall within the same commercial
center, and waiver of the following:
Sections 18.06,050.022 - Minimum n~mber of 2arkina spaces.
and18.44.066.050 (716 required; 447 proposed and concurred with by the
City Traffic and Transportation Manager)
CR3652PK.DOC -2- PC99-101
2. ?hat the parking waiver is hereby approved based on the information contained in the
,~arking demand study prepared by Daniel Benson and Associates, and approved by the City Traffic and
Transportation Manager upon the finding that this proposal will not adversely affect the existing 447-space
parking supp;y.
3. That the waiver, unde. 'he conditions imposed, will not cause fewer off-street parking
spaces to be provided for the proposed uses than the number of such spaces necessary to accommodate
all vahicies attributable tu such proposal ur.der the nurmal and reasonably foreseeable conditions of
operation of such use; and that only 37~ of the 447 spaces H~ill be occupie~ at the peak hour of the week.
4. T.~at the waiver, under the conditions imposed, will not increase the demand and
competition for pzrking spaces upon the public str~.ats in the immediate vicinity of the proposed i~se
because typically only about half to 80 percent of the available spaces will be used.
5. That the waiver, under the conditions imposed, wiil not increase the demand and
competition for parking spaces upon adjacent private property in the (mmediate ~.~icinity of the proposed
use (which property is not expressly provided as parkinc for such use under an ~~areement in compliancr
with Section 18.C6.010.020 of tr~s Code) because typicaliy oniy about half to HO percent of the available
spaces will be used.
6. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use; arid :hat anticipated traffic for the proposal will
peak after the on-street rush ho~r and will be less than the lot's capaciry, including adequate aisles.
7. That the waiver, under the conditions imposed, wiil not impede vehicular inyress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use; and
that iwo driveways on Lincoln Avenue and one on Western Avenue will accommodate peak dance hall
arrivals and departures, ar.d lhe back alley will accommodate all employees.
8. That based on information cont~ined in the submitted parking study and based on the
recommendation of apF~•oval by the City Traffic and Transportation Manager, this property provides
adequate inc~ress/egress from public streels, on-site vehicular circulation, and adequate parking for
customers patronizing the combined us~s on the property; and that this property is adequate to allow fu11
~evelopment of the approved uses in a manner which is not detrimental to the area nor the general
population.
9. That iinless conditions to the contrary are expressly imposed upon the granting of this
parking waiver by the Planning Commission, the granting of the waiver shall be deertied contingent upon
operation of the approved uses in conformance with the assumptions relating to the aperation and
intensity of said uses as contained in the parking demand study that formed the basi;; for approval of the
waiver; and that exceeding, violating, intensifying or othervvise deviating from any of said assumpiions as
contained in the parking demand study shall be deemed a vfolation oF ihe express conditions imposed
upon said waiver which shall subject said waiver ta termination or rr~~tidificafion pursuant to the provisions
of Sections 18.03.091 and 18.03.Q92 of the Zoning Code.
10. That the uses are approved, in part, to establish conformity with current Zoning Code land
use requirements for the existing non-conforming commercial retaii center and liquor store, but to permit
the proposed dance studio and public dance hall for a period of one year only.
11. That the uses, as conditio~ied, are will not adversely a(fect the adjacent commercial and
residential land uses.
12. That the size and shape of this site is adequate to serve tho existing and proposed uses
and will not be detrimental to the center, the surrounding area, nor the peace, health, safety, and general
welfare; and that the proposed dance facility will be located wilhin an existing tenant space and will not
involve any exterior alterations nor any significant interior modifications to the existing building.
CR3652PK.D~C -3- PC99-101
13. That no one indicated their presence at the public hearin, i^ opposition tu the proposal;
and that no correspondence was received in opposition.
CALIF~RNIA ENVIRONMENTAL QUALITY ACT FI_•~~,iNv: That tiie Anaheim City
Planning Commission has reviewed the proposal to establish confcrr .ry with existing Zoning Code land
use requirements for an existing non-conforming commercial retar c• :~ter and liquur store, and to permit a
dance studio ~nd public ~ance hall within the same com~nerciai r,: : ~r, with waiver of minimum number of
parking spaces on a 1.21-acre irregularly-shaped property locatc-~ i,~~ ith and east of the southeast comer
of Lincoln Avenue and Western Avenue with frontages of 430 fec;t on the south side of Lincoln Avenue
and 310 feet on the east side of Western Avenue (3150 West Lincoln Avenue); and does hereby appro~ e
the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead
agency and ihat 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 substanlial evidence that the project will have a sfgnifican: effect on the environment.
NOW, Ti-IEREFORE, BE IT RESOLVEL~ that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit upon the following conditions 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:
Dance Studio and Public ~ance Hall Facili
That, as stipulated to by the petitioner, the hours of operation for the dance studio and public dance
hall shall be limited to the following:
Private Lessons Public Dancinq
Monday: closed closed
Tuesday: 5:00 - 11:00 p.m. none
Wednesday: 5:00 - 7:30 p.m. 8:00 - 12:00 a.m.
Thursday: 5:00 - 11:00 p.m. None
Friday: 330 - 7:30 p.m. 8:00 - 12:U0 a.m.
Saturday: 3:30 - 7:30 p.m. 8:C0 - 12:00 a.m.
Sunday: group lessons from 3:30 tu 8:30 p.m. none
2. That the rear door located on the east wall of this tenant space (3150 West Li,ir;,in Avenue, Suite
128) shall ta used for emergency exiting purposes only and shall remain closed ~uring hours of
operation.
3. That the dance studio and public dan~e hall shall expfre one (1) year from the date of this resolution,
on A4ay 10, 2U00.
4. That any activity described in Section 18.89 of lhe Anaheim P,Aunicipal Code as a"sex-oriented
business" shall not be permitted on these premises.
5. That a Public Danco Permit shall be obtained from the City of Anaheim Business License Division of
the Finance Department, and all public dance activities shall be conducted in compliance with
Chapter 4.16 pertaining to public dance halls.
6. That no alcoholic beverages shall be sold or consumed on the premises.
7. That a valid business Iicense shall be obtained from the Business License Division.
8. That a maximum of fifty (50) patrcros shall be permitted on the premises at any time.
9. Tr,at no live bands shall be permitted on the premises.
CR3652PK D~C ~1_ prtoo_~n~
10. That noise ievels associated ~vith dance lessons and/or Nublic dancing activities shall be in
compliance with Code Section 6.70 and 6.72 pertaining to maximum permitted sound pressure
levels and amplified sound.
11. That, as stipulated by the petitioner, security guards shall be provided for the dance studio/public
dance hall during all public dance hall hours, to the satisfaction of the Anaheim Police Depaitment.
Liguor Stnre with sa~.:s of alcotiolic beveraqes for off-nremises consumpticr+
12. That no window signs shall be permitted at any time to allow unobstructed visibility of the store
interior from outside.
13. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
14. That no advertising of alcoholic beverages shall be !ocated, placed or attached to any location outside the
building; and that any such advertising shall not be audible either inside or outside the building.
15. That no alcoholic beverages shall be consumed on the premises.
16. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any
public entrance to the building.
17. That no oerson under tv~enty one (21) years of age shall seli or be permitted to sEll any alcoholic
beverages.
18. The proposed Condition No. 18 was deleted at the Planning Commission public hearing.
19. That no required parking area shall be fenced or othervvise enclosed for outdoor storage use.
Commercial Retail Center
20. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscape maintenance, removal of trash or debris, and removal of gra~ti within twenty four (24)
hours from time of occurrence.
21. That any tree ~r other landscaping pianted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead. ~
22. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 2926 (to permit on-sale beer and wine in an existing restaurant) and
Conditional Use Permit No. 3003 (to permit on-sale alcohol in an enclosed restaurant/public dance
hall).
23. That roof-mounted balloons or other inflated devices shall not be permitted.
24. That all trash generated by this commerciai retail center shall be properly contained in trash bins
contained within approved trash enclosures. The number of bins shall be adequate and the trash
pick-up shall be as frequent as necessary to ensure tha sanitary• handling and timely removal of
refuse from the prope~ty. The Code Enforcement Division or the Planning Department shail
determine the need for additional bins and/or additional pick-up. All costs for increasing the number
of bins or frequency of pick-up shall be paid for by the business owner.
CR3652PK.DOC -5- PC99-101
25. That the parking lot serving the premises shall be equipped with lighting of su~cient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting sha{I be directed, posilioned and shielded in sucn a manner so as not to
unreasonably illuminate the window areas of adjacent properties, and that said I~ghting information
shall be specified on plans submitted for approval by the Community Services Division of the Police
Uepartment and the Zoning Division of the Planning Department.
26. That no exteri;.r vending machines which are visible off-site shall be permitted.
27. That the required trees adjacent to the public rights-of-way shail not be unnecessarily pruned so as
to provide increased visibility of the facility.
28. That three (3) foot high address numbers shall be displayed on the roof in a contrasti~g color to the
roof material. The numbers shall not be visible to streets or adjacent properties.
29. That any existing or proposed roof-mounted equipment shall be conform with the requirements uf
Anaheim Municipal Code Section 18.44.030.120 pertaining to the"CL" Gommercial, Limited Zone.
Said information shall be specifically show~ on the plans submitted for Zoning and Building Division
approval.
30. That the number of tenant spaces shall be limited to twenty eight (28) units as shown on the exhibits
submitted by the petitioner and approved by the Planning Commission.
31. That sign2ge for subject facility shall be limited to the legal existing signage as of the date of this
resolution. A sign plan showing (a) how the westerly sign on the Lincoln Avenue frontage wilt be
refurbished and (b) that the other existing signs conform with c~~rrent Code standards shall be
submitted to the Zoning Division for review and approval by tha Planning Commission as a"Reports
and Recommendations" item. Any additional signage shail be subject to approval by the Planning
Commission as a"Reports and Recommendations" item.
32. That the owner of this commercial retail center shall be responsible for maintaining the premises
free of litter at all times.
33. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be planted by the property owner within the public rights-of-way adjacent to Western Avenue
and Lincoln Avenue. The size, type and number of trees shail be provided to the satisfaction of the
Urban Forestry Division.
34. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department.
35. That all public telephones shall be located inside the building.
36. That no outdoor storage, display or saies of inerchandise or fixtures shall be permitted.
37. The proposed Condition No. 37 was deleted at the Planning Commissio~ ~ublic hearing.
38. That the subject property shall ue developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which olans are on file with the
Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
CR3652PK.DOC -6- PC99-101
39. That priur to the issuance of a building permit, or prior to the commencement of the acti~~ity
authorized by ihis resolution, or within a period of one (1) year from the date of ihis resolution.
whichever occurs first, Condition Nos. 22, 25 and 2Q, above-mentianed, shall be complied wit~,.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
40. That prior to corrmencement of the danr,e skudio/public dance hall authorized by this resolution,
Gondition Nos. 5, 7 and 11, above-mentianed, shail be complied with.
41. That prior to commencement of the activih~ authorized by this resolution or prior to final building and
zoning inspections, whichever occurs first, Condition Nos. 28, 31, 33, 34, 35 and 38, above-
mentioned, shall be complied with.
42. 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 inciude any action or findings as to compliance or approval
nf the request regarding any other appl;cable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determi~e that adoption of this Resolution is expressly predicated upnn applicanYs compliance
with each and al! 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 rompetentjurisdiction, then this
Resolution, and any approvais lierein contained, shall be deemed null and void.
TNE FnREGOING RESOLUTIUN was adopted at the P~anning Commission meeting of
June 7, 1999.
~~,~f~ ~ . ' ~~=~e..~-~
HAIR ERSON PFZO-TEMPORE
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ~ AHB~M C~ ~6N ~ MISSION
Sl'ATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary af the Anaheim City Plsnning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 7, 1999, by the follawing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBIL7
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL, ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this G~~°~ day of
_ _ _~1,PJ _, 1999.
~ ~(.~,G~'G%~(~fw o?~~C~'
SECRETARY, AHEIM CITY PLANNING COMMISSIOt!
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