1985-215RESOLUTION NO. 85R-215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2672.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from E.D.G.A. ENTERPRISES, owner and JOHN SCHROEDER, agent, to
permit an entertainment facility for teenagers (persons between 16
and 20 years of age) upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF
CERRITOS STREET AND THE CENTER LINE OF U. S. HIGHWAY
101 (LOS ANGELES STREET), AS SAID INTERSECTION IS
SHOWN ON A MAP FILED IN BOOK 35; PAGE 34 OF RECORD OF
SURVEYS IN THE 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 CENTER LINE
OF CERRITOS STREET; THENCE SOUTH 220.00 FEET TO THE
CENTER LINE OF CERRITOS STREET; THENCE WEST 273.68
FEET ALONG SAID CENTER LINE TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY
LINE OF THAT CERTAIN STRIP OF LAND 60.00 FEET IN
WIDTH, DESCRIBED IN THE DEED TO THE STATE OF
CALIFORNIA, RECORDED JULY 10, 1914 IN BOOK 258, PAGE
66 OF DEEDS, WITH THE CENTER LINE OF SAID CERRITOS
AVENUE; SAID INTERSECTION BEING ON A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 630.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE TO A LINE PARALLEL WITH AND
NORTHERLY 20.00 FEET FROM THE CENTERLINE OF SAID
CERRITOS AVENUE, A RADIAL LINE THROUGH SAID POINT
BEARS NORTH 82° 54' 41" EAST; THENCE CONTINUING ALONG
SAID CURVE, 50.81 FEET THROUGH A CENTRAL ANGLE OF 4°
37' 14" TO THE SOUTHERLY CORNER OF LAND DESCRIBED IN
THE DEED TO THE STATE OF CALIFORNIA, RECORDED APRIL
13, 1929 IN BOOK 257, PAGE 462 OF OFFICIAL RECORDS;
THENCE NORTH 6° 55' 00" WEST ALONG THE EASTERLY LINE
OF SAID LAND OF THE STATE OF CALIFORNIA, TO THE
NORTHERLY LINE OF SAID LAND ABOVE DESCRIBED; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC85-96 granting
Conditional Use Permit No. 2672; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
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 adjoin-
ing 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.
AND WHEREAS, the City Council does further find, after
"'~ careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
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1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance(s) under the conditions
~- imposed will not be detrimental to the peace, health, safety or
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 granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2672 be, and the same is hereby,
granted permitting an entertainment facility for teenagers
(persons 16 to 20 years of age) on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTIONS 18.06.050.0264
18.06.080
AND 18.61.066.050
- Minimum number of park-
- ing spaces. (197 spaces
- required; 64 spaces
proposed)
subject to the following conditions:
1. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Anaheim
Boulevard and Cerritos Avenue in an amount as determined by the
City Council.
2. That sidewalks shall be installed along Anaheim
Boulevard and Cerritos Avenue as required by the City Engineer and
in accordance with standard plans and specifications 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 the City Traffic
Engineer.
4. That fire sprinklers shall be installed as required by
the City Fire Marshal.
5. That the on-site parking and circulation design shall be
reviewed and approved by the City Traffic Engineer.
6. That a parking agreement, in a form satisfactory to the
City Traffic Engineer and City Attorney shall be recorded with the
~`~ office of the Orange County Recorder guaranteeing usage of a
minimum of 133 parking spaces in the parking area located
northeast of subject property. A copy of the recorded agreement
shall then be submitted to the Planning Department.
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7. That all on-site landscaping and irrigation facilities
shall be refurbished and maintained in conformance with City
standards.
8. That no alcoholic beverages shall be sold or consumed on
t~ the entertainment facilities premises utilized by the teenaged
patrons, (with the exception of the second floor banquet facility
where alcohol consumption may be permitted for private parties
subject to the regulations of the State Department of Alcoholic
Beverages Control).
9. That trash storage areas shall be provided and
maintained in accordance with approved 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 Fire Codes as
adopted by the City of Anaheim.
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, whichever 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
provisions 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 and 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 shall be provided at a 1-foot
candlelight minimum maintained at ground level in the parking area
"`~ utilized by the patrons.
16. That, at the discretion of the Chief of Police, the
owner/operator shall 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 Anaheim Police Department. Said agreement
shall be subject to approval of the City Attorney's Office and the
Police Department.
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17. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that
the existing most westerly driveway on Cerritos Avenue shall be
removed and replaced with a standard curb, gutter, sidewalk and
landscaping.
18. That 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 Municipal Code.
19. That prior to the commencement of the activity
authorized under this resolution, or final building and zoning
inspections whichever occurs first, Condition Nos. 2, 3, 4, 7, 9,
10, 11, 15, 16, and 17, above-mentioned, shall be complied with.
20. That prior to the commencement of the activity
authorized under this resolution, a public dance hall permit shall
be acquired from the City Council in accordance with Title 4 of
the Anaheim Municipal Code.
21. That this conditional use permit shall expire two (2)
years following the date said facility is first open for business;
provided, however, that said permit shall be reviewed by the City
Council approximately one (1) year following the date said
facility is first open for business to determine whether such use
is being operated in accordance with the provisions of Section
18.03.092 of the Anaheim Municipal Code and, if not, whether such
permit should be set for public hearing for possible revocation.
22. That the City Council finds that said facility will not
be detrimental to the peace, health, safety and general welfare
based upon the representations of, and personal management of said
facility by, John Schroeder, the agent for the applicant herein,
and during the term of this permit and any extension thereof,
unless otherwise approved by the City Council, said facility shall
be personally managed by John Schroeder.
23. That there shall be a minimum of four (4) security
guards in the parking lot at all times during operating hours and
two (2) additional security guards patrolling the surrounding area.
'"'~`~ 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 28th day of May, 1985.
~~~ ~ ,
MAYOR OF THE CIT OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:im
3869M
070385
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-215 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 28th day of May, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-215 on the 28th day of May, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 28th day of May, 1985.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
T, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-215 duly passed and
adopted by the Anaheim City Council on May 28, 1985.
~~
CITY CLERK