91-230 RESOLUTION NO. 91R-230
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3389, AND
RESCINDING RESOLUTION NO. 91R-111,
NUNC PRO TUNC.
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
to permit a 750-seat theme-type dinner theater with on-premise sale
and consumption of alcoholic beverages, and four conditionally-
permitted signs including two electronic digital changeable copy
message board wall signs upon certain real property located within
the City of Anaheim, County of Orange, State of California, legally
described as:
PARCEL 1: THE NORTHERLY 154 FEET BEING A
PORTION THEREOF WHICH LIES NORTHWESTERLY ON A
LINE PARALLEL WITH AND DISTANT 154 FEET
SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM
THE NORTHWESTERLY BOUNDARY LINE OF THAT PORTION
OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, IN TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED
IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE
OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA
BY DOCUMENT NO. 25258 FILED APRIL 9, 1952, IN
THE OFFICE OF THE REGISTRAR OF TITLES OF SAID
ORANGE COUNTY, DISTANT THEREON NORTH 40° 50'
15" WEST 643.85 FEET FROM ITS INTERSECTION WITH
THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER, AND RUNNING THENCE NORTH 40°
50' 15" WEST, ALONG SAID SOUTHWESTERLY LINE,
125.94 FEET TO THE BEGINNING OF A TANGENT CURVE
IN SAID SOUTHWESTERLY LINE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 9970.00 FEET;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY
LINE AND ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 1° 02' 37" AN ARC DISTANCE OF 181.60
FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE,
SOUTH 49° 09' 45" WEST 169.11 FEET TO THE WEST
LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST
QUARTER; THENCE SOUTH 1° 18' 30" EAST, ALONG
SAID WEST LINE, 398.73 FEET TO A LINE WHICH
BEARS SOUTH 49° 09' 45" WEST FROM THE POINT OF
BEGINNING; THENCE NORTH 49° 09' 45" EAST
424.55 FEET TO THE POINT OF BEGINNING.
CUP 3389
PARCEL 2: THAT PORTION OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 26, IN
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE
OF THE L~ND CONVEYED TO THE STATE OF CALIFORNIA
BY DOCUMENT NO. 25258, FILED APRIL 9, 1952 IN
THE OFFICE OF THE REGISTRAR OF TITLES OF SAID
ORANGE COUNTY, DISTANT THEREON NORTH 40° 50'
15" WEST 643.85 FEET FROM ITS INTERSECTION WITH
THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER, AND RUNNING THENCE NORTH 40°
15' 15" WEST ALONG SAID SOUTHWESTERLY LINE,
125.94 FEET TO THE BEGINNING OF A TANGENT CURVE
IN SAID SOUTHWESTERLY LINE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 9970.00 FEET;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY
LINE AND ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 1° 02' 37", AN ARC DISTANCE OF 181.00
FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE,
SOUTH 49° 09' 45" WEST 169.11 FEET TO THE WEST
LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST
QUARTER; THENCE SOUTH 1° 18' 30" EAST ALONG
SAID WEST LINE, 398.73 FEET TO A LINE WHICH
BEARS SOUTH 49° 09' 45" WEST FROM THE POINT OF
BEGINNING; THENCE NORTH 49° 09' 45" EAST 424.55
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF WHICH
LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND
DISTANT 154 FEET SOUTHEASTERLY, MEASURED AT
RIGHT ANGLES, FROM THE NORTHWESTERLY BOUNDARY
LINE THEREOF.
PARCEL 3: PARCEL 1 OF THAT CERTAIN PARCEL MAP,
IN THE CITY OF ANAHEIM, RECORDED IN BOOK 56,
PAGES 11 OF PARCEL MAPS, RECORDS OF ORANGE
COUNTY.
PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS TO
BE USED IN COMMON WITH OTHERS OVER THE
NORTHWESTERLY 15 FEET OF PARCEL 2, OF THAT
CERTAIN PARCEL MAP RECORDED IN BOOK 56, PAGE 11
OF PARCEL MAPS, RECORDS OF ORANGE COUNTY; and
CUP 3389
- 2 -
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. PC91-33 granting, in part,
Conditional Use Permit No. 3389; 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
consideration 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 adjoining
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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
CUP 3389
- 3 -
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity; and
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance 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 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 the action of the City Planning Commission
said conditional use permit be, and the same is hereby, and that
Conditional Use Permit No. 3389 be, and the same is hereby, granted
permitting a 750-seat theme-type dinner theater with on-premise
sale and consumption of alcoholic beverages, and four
conditionally-permitted signs including two electronic digital
changeable copy message board wall signs on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
SECTIONS 18.06.050.0251 - Minimum number of Darkin~ spaces.
18.06.080 (290 required; 250 proposed)
and 18.48.085.060
SECTIONS 18.48.095.040 Maximum number of wall signs.
and 18.48.097.020 (! permitted; ~ proposed)
SECTION 18.48.082.020 - Maximum structural height adjacent to
single-family residential zoninG.
(31.5. 33. and 35.5 feet permitted
when located 63, 66 and 71 feet from
RS-A-43,000 zoning; 38, 49 and 59
feet proposed)
SECTIONS 18.48.083.030 Minimum landscaped screening abutting
18.48.083.040 residential property.
18.48.084.040 (20 foot wide buffer required
and 18.48.086.011 abutting RS-A-43,000 zoning; 5 and 7
feet proposed)
CUP 3389
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SECTIONS 28.48.090.080 Prohibited signs.
18.48.095.0312 (Prohibited: Banners and roof-mounted
18.48.095.0320 statues;
18.48.095.0323 Proposed: 5 cloth banners on roof-
and 18.48.097.020 mounted masts ranging from 57 to 75
feet high overall and 3 roof-mounted
statues ranging from 40.9 to 58.5
feet high overall)
SECTION 18.48.084.010 - Permitted encroachments in front
setback (Deleted)
subject to the following conditions:
1. That street lighting facilities along Manchester Avenue shall
be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of the
Utilities General Manager; or that security in the form of a
bond, certificate of deposit, letter of credit, or cash, in an
amount and form satisfactory to the City of Anaheim, shall be
posted with the City to guarantee the satisfactory completion
of the above-mentioned improvements. Said security shall be
posted with the city of Anaheim prior to issuance of a
building permit. The above-required improvements shall be
installed prior to occupancy.
2. That prior to issuance of a building permit, the legal
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 an
assessment district(s) which may hereafter be formed, for the
purpose of financing the undergrounding of utilities in the
Commercial Recreation Area which area could include such legal
property owner's property.
3. That the legal owner of subject property shall be responsible
for paying a fee for the relocation of power poles and the
abandonment of public utility easements, if required by the
Public Utilities Department.
4. That a Lot Line Adjustment Plat shall be submitted to the
Subdivision Section and approved by the City Engineer and then
recorded in the Office of the Orange County Recorder to
combine the existing lots underlying subject proposal.
5. That prior to issuance of a building permit, the appropriate
sewer fee in the amount of Three Hundred Fifty Dollars
($350.00 per acre shall be paid to the City of Anaheim, as
presently established by City Council Resolution.
CUP 3389
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5A. That prior to issuance of a building permit, a cash payment
shall be paid to the City of Anaheim in the amount of Fourteen
Thousand Five Hundred Seventy Dollars and Forty Cents
($14,570.40) for their fair share contribution to the Katella
Avenue Sewer Upgrade Project; subject to inflationary
adjustments in accordance with the Engineering News Record-
Construction Cost Index for the Los Angeles Area.
6. That prior to commencement of structural framing, on-site fire
hydrants shall be installed and charged as required and
approved by the Fire Department. An all-weather road shall be
provided to the hydrants at all times, as required by the Fire
Department.
7. That the fire sprinklers shall be installed as required by the
Fire Department.
8. That a local fire alarm system shall be installed as required
by the Fire Department.
9. That trash storage areas shall be provided and maintained in
locations acceptable to the Street Maintenance and Sanitation
Division and in accordance with approved plans on file with
said Division. Such information shall be specifically shown
on the plans submitted for building permits.
10. That prior to issuance of a building permit, a solid waste
management plan with recycling capabilities shall be approved
by the Street Maintenance and Sanitation Division. Upon
occupancy of the project, said plan shall commence and shall
remain in full effect as required by said Division.
11. That all air conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view, and
the sound buffered from adjacent residential properties. Such
information shall be specifically shown on the plans submitted
for building permits.
12. That any lighting fixtures proposed in any parking area
located adjacent to any residential property shall be down-
lighted with a maximum height of twelve (12) feet. Said
lighting fixtures shall be directed away from adjacent
residential property lines to protect the residential
integrity of the area and shall be so-shown on the plans
submitted for building permits.
13. That the proposal shall comply with all signing requirements
of the CR "Commercial-Recreation" Zone, except as otherwise
permitted herein, unless a variance allowing sign waivers is
approved by the city Council, Planning Commission or Zoning
Administrator.
CUP 3389
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14. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
15. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 26 (to
establish an ice skating rink with a restaurant and skate
shop) to the Zoning Divisions.
16. That prior to issuance of a building permit, a cash payment,
not to exceed Sixty-Two Thousand Four Hundred Fifty-Eight
Dollars ($62,458.00) and subject to inflationary adjustment in
accordance with the Engineering News Record-Construction Cost
Index for the Los Angeles Area, shall be paid to the City for
the purpose of construction of the Haster Street/Katella
Avenue intersection. Payment of said fee shall constitute
full and complete payment of any traffic fees currently in
force or which may hereafter be established and collected by
the city.
17. That to control fugitive dust during demolition, clearing,
grading and excavation, the petitioner shall institute a
regular watering program of affected areas or such other dust
control measures as may be required by the City Engineer in
conformance with South Coast Air Quality Management District
Rule 403 requirements.
18. That to control point source noise during demolition,
clearing, grading excavation and other construction
activities, construction shall be restricted to the hours of
7:00 a.m. to 7:00 p.m., Monday through Sunday, in compliance
with City requirements and subject to approval of the City
Building Division. All construction equipment, stationary or
mobile, shall be equipped with properly operating and
maintained engines and mufflers. No stockpiling and/or
vehicle staging areas shall be located near the residential
area to the south.
19. That the developer shall be responsible for any direct costs
associated with the monitoring and/or reporting required as
set forth by section 21081.6 of the Public Resources Code to
ensure implementation of those mitigation measures identified
in the mitigated Negative Declaration that have been
incorporated as conditions of approval for subject proposal.
20. That prior to issuance of a building permit, the appropriate
traffic signal assessment fee shall be paid to the City of
Anaheim in an amount as established by City Council Resolution
No. 90R-198.
21. That a fee for street tree purposes shall be paid to the city
of Anaheim based on the length of street frontage along
Manchester Avenue in an amount as established by city Council
resolution.
CUP 3389
22. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revision of Engineering Standard
Plan Nos. 436, 602 605 and 607 pertaining to parking standards
and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
23. That all driveways constructed on Manchester Avenue shall have
fifteen (15) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standards.
24. That there shall be a minimum interval of fifty-five (55)
minutes between the end of one show and the beginning of the
next show for all shows on those days when more than one show
is scheduled.
25. That prior to issuance of a building permit, the legal
owner(s) of subject property shall execute and record a
covenant in a form approved by the City Attorney wherein such
owner(s) agree to submit a parking study to the City Traffic
and Transportation Manager, prepared one hundred eighty (180)
days after the theater's opening and submitted for approval
within two hundred forty (240) days after said opening. If it
is determined that additional parking spaces are needed, such
spaces shall be permanently provided off-site within the
vicinity of the theater, in a number and location and within a
time specified by the City Traffic and Transportation Manager.
26. That gates shall not be installed across any driveway in a
manner which may adversely affect vehicular traffic in the
adjacent public street. Installation of any gates shall
conform to Engineering Standard Plan No. 402 and shall be
subject to the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
27. That subject property shall be served by underground
utilities.
28. That the water backflow equipment and any other large water
system equipment shall be installed to the satisfaction of the
Water Utility Division in either (a) underground vaults or (b)
behind the street setback area in a manner fully screened from
all public streets.
29. That all lockable pedestrian and/or vehicular access gates
shall be equipped with "knox box" devices as required and
approved by the Fire Department.
30. That all plumbing or other similar pipes and fixtures located
on the exterior of the building shall be fully screened by
architectural devices and/or appropriate building materials;
and, further, that such information shall be specifically
shown on the plans submitted for building permits.
CUP 3389
31. That an eight (8) foot high decorative masonry block wall
shall be constructed and maintained along the property lines
adjacent to residential zoning excepting the front setback
where the wall height shall not exceed three (3) feet;
provided, however, that the City Traffic and Transportation
Manager shall have the authority to reduce the height of the
wall to protect visual lines-of-sight where pedestrian and/or
vehicular circulation intersects. Said block wall shall be
planted and maintained with clinging vines to eliminate
graffiti opportunities.
32. That no outdoor storage shall be permitted.
33. That all landscaping materials shall substantially comply with
and be maintained in conformance with the plant palette within
the C-R Area Design Guidelines as required by Code Section
18.48.085.050. Landscape plans submitted in conjunction with
building permit plans shall indicate substantial conformance
with this requirement.
34. That subject facility shall be maintained in conformance with
the C-R Area Design Guidelines, unless deviation is
specifically permitted by the Planning Commission or city
Council.
35. 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 are on file with
the Planning Department marked Exhibit Nos. 1 through 12;
provided, however, that:
The landscaped buffer along the RS-A-43,000 zoned mobilehome
park to the west shall be a minimum of ten (10) feet wide and
densely landscaped, that said landscaping shall include
minimum twenty-four inch (24") box trees, minimum fifteen (15)
gallon trees and shrubs (said trees and shrubs to be approved
by the Planning Department), that the trees shall be planted
on maximum fifteen (15) foot centers, and that an eight (8)
foot high decorative concrete block wall shall be constructed
along the north and west property lines.
36. That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 2, 3, 4, 5, 9, 10, 11, 12, 15,
16, 20, 21, 22, 25, 26, 30 and 33, 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.
37. That prior to final building and zoning inspections, Condition
Nos. 1, 7, 8, 23, 27, 28, 29, 31 and 35, above-mentioned,
shall be complied with.
CUP 3389
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38. 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.
39. That prior to the installation of the three statues shown on
the Design Development Plan, the applicant shall submit
photographs of the proposed figures to the Planning Commission
as a report and recommendation item and said figures shall be
subject to the approval of the Planning Commission.
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.
BE IT FURTHER RESOLVED that Resolution No. 91R-111 be,
and the same is hereby, rescinded.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the city of Anaheim this 1~ day ofJ~ly . , 1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
RCUP3389.12
- 10 -
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. 91R-230 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 16th day of
July, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-230 on the 17th day of July, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 17th day of July, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution NO. 91R-230, duly passed and
adopted by the City Council of the City of Anaheim on July 16, 1991.
CITY CLERK OF THE CITY OF ANAHEIM