RES-2008-022RESOLUTION NO. 2008- 022
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT
TO CONDITIONAL USE PERMIT NO. 3124 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL
OF RESOLUTION NO. 89R -243, AS PREVIOUSLY
AMENDED.
WHEREAS, on June 20, 1989, the Anaheim City Council adopted Resolution No.
89R -243, granting Conditional Use Permit No. 3124 to permit a bowling alley (with accessory and
incidental sale and consumption of alcoholic beverages) and waiver of the minimum number of
parking spaces on property located at 3364 East La Palma Avenue; and
WHEREAS, on September 1, 1998, the City Council adopted Resolution No. 98R-
186, denying a request to amend Conditional Use Permit No. 3124 to permit a dance hall as an
accessory use to the bowling alley; and
WHEREAS, on October 23, 2001, the City Council adopted Resolution No. 2001 R-
272, approving a request to amend Conditional Use Permit No. 3124 to permit live entertainment
and a cover charge for promotional events for a period of nine (9) months only as an accessory use to
the existing bowling alley, which approval expired by its own terms on July 23, 2002; and
WHEREAS, this property is developed with a bowling alley (Concourse Bowling
Alley) and a telecommunication antenna located in Development Area 5 (Commercial Area) of the
Northeast Area Specific Plan No. SP94 -1; that the Anaheim General Plan designates the property for
General Commercial land uses; and
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for an amendment to Conditional Use Permit No. 3124 to permit the remodel of an existing bowling
facility with the addition of administrative offices, an outdoor patio area and four (4) new
telecommunications antenna towers, to also permit two (2) 544 square foot freeway- oriented
electronic readerboard wall signs (approval of the request for two (2) 544 square foot freeway
oriented electronic readerboard wall signs is subject to, and dependent upon, the approval of Zoning
Code Amendment No. 2007 00063, now pending) and for two (2) 156 square foot freeway oriented
channel letter wall signs with waivers of the following provisions of the Anaheim Municipal Code:
(a) SECTION NO. 18.42.050.010 Maximum number of parking spaces.
(526 required; 240 proposed)
(b) SECTION NO. 18.120.100.060.0803 Maximum floor area ratio.
(0.25 permitted; 0.32 proposed)
(c) SECTION NO. 18.120.100.130.1312
Maximum number and size of freeway
oriented wall signs.
(One (1) freeway oriented wall sign permitted;
Two (2) 544 square foot freeway- oriented
electronic readerboard wall signs and two (2)
156 square foot freeway oriented channel
letter wall signs proposed)
WHEREAS, on October 1, 2007, the Anaheim 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 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. PC2007 -112 granting, in part, the amendment to Conditional
Use Permit No. 3124 to permit the remodel of an existing bowling facility with the addition of
administrative offices, an outdoor patio area and four (4) new telecommunications antenna towers,
and including the waiver of code requirements pertaining to the maximum number of parking spaces,
maximum floor area ratio and two (2) 156 square foot freeway oriented channel letter wall signs; and
denying the request for an amendment to said conditional use permit with waiver of code
requirements for two (2) 544 square foot freeway- oriented electronic readerboard wall signs; and
WHEREAS, within the time prescribed by law, the applicant did appeal said Planning
Commission decision to the Anaheim City Council, asking the City Council to reconsider the
amendment to conditional use permit with waiver of code requirements, as requested by applicant,
for two (2) 544 square foot freeway- oriented electronic readerboard wall signs that was denied by the
Anaheim City Planning Commission; and
WHEREAS, thereafter, the City Council did set said application for a de novo public
hearing, which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did
hold and conduct such public hearing on December 18, 2007 and did give all persons interested
therein an opportunity to be heard and did receive evidence and reports, including all the evidence
submitted to the Anaheim City Planning Commission at the time of its hearing upon said application,
and did consider the same; and
WHEREAS, on December 18, 2007, the City Council, 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. 2007 -247 granting, in part, the
amendment to Conditional Use Permit No. 3124 to permit the remodel of an existing bowling facility
with the addition of administrative offices, an outdoor patio area and four (4) new
telecommunications antenna towers, and including the waiver of code requirements pertaining to the
maximum number of parking spaces, maximum floor area ratio and two (2) 156 square foot freeway
oriented channel letter wall signs; and denying the request for an amendment to said conditional use
permit with waiver of code requirements for two (2) 544 square foot freeway- oriented electronic
readerboard wall signs; and
WHEREAS, on January 4, 2008, the City received a written request from the
applicant that the City Council rehear amendment to Conditional Use Permit No. 3124 and the
associated actions; and
WHEREAS, on January 29, 2008, the City Council voted to accept the rehearing
request to rehear the amendment to Conditional Use Permit No. 3124 and associated actions; and
WHEREAS, on February 21, 2008, the City did receive revised elevation and sign
plans from the applicant (the "Minor Project Modifications and
WHEREAS, the Minor Project Modifications now propose an amendment to
Conditional Use Permit No. 3124 to permit the remodel of an existing bowling facility with the
addition of administrative offices, an outdoor patio area and four (4) new telecommunications
antenna towers, to also permit two (2) 300 square foot freeway- oriented electronic readerboard wall
signs (approval of the request for two (2) 300 square foot freeway- oriented electronic readerboard
wall signs is subject to, and dependent upon, the approval of Zoning Code Amendment No. 2007-
00063, now pending) and two (2) 240 square foot freeway- oriented channel letter wall signs with
waivers of the following provisions of the Anaheim Municipal Code:
(a) SECTION NO. 18.42.050.010 Maximum number of parking spaces.
(526 required; 240 proposed)
(b) SECTION NO. 18.120.100.060.0803 Maximum floor area ratio.
(0.25 permitted; 0.32 proposed)
(c) SECTION NO. 18.120.100.130.1312 Maximum number and size of freeway
oriented wall signs.
(One (1) freeway oriented wall sign permitted;
Two (2) 300 square foot freeway- oriented
electronic readerboard wall signs and two (2)
240 square foot freeway- oriented channel
letter wall signs proposed)
WHEREAS, after careful consideration of the recommendations of the City Planning
Commission and all additional evidence and reports offered at said rehearing the City Council does
hereby find and determine, with respect to the request for an amendment to said conditional use
permit to remodel an existing bowling facility with the addition of administrative offices, an outdoor
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patio area and four (4) new telecommunications antenna towers, that all of the conditions and criteria
set forth in the Anaheim Municipal Code are present as follows:
1. That the proposed request for a permit to remodel an existing bowling facility with the
addition of administrative offices, an outdoor patio area and four (4) new telecommunications
antenna towers is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section Nos. 18.120.100.050.0507 (Bowling Alleys) and 18.120.100.050.0511
(Communications Stations and Antennas).
2. That the bowling facility and proposed expansion, as described above, will not adversely
affect the adjoining land uses or the growth and development of the area in which it is proposed to be
located.
3. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety.
4. That granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use
that is compatible with the surrounding area.
WHEREAS, the City Council does further find and determine that the request for the
waiver of code requirements pertaining to the maximum number of parking spaces, maximum floor
area ratio, the two (2) 240 square foot freeway- oriented channel letter wall signs, and the two (2)
300 square foot freeway- oriented electronic readerboard wall signs should be granted for the
following reasons:
1. That waiver (a) above specified, regarding the maximum number of parking spaces,
should be approved based upon an update to a previous parking demand study prepared by Kunzman
Associates, dated May 3, 2007, providing evidence that adequate parking exists on the property for
the bowling facility and proposed expansion, and for the following reasons:
a. That waiver (a), relating to the maximum number of parking spaces, will not cause
fewer off -street parking spaces to be provided for the bowling facility and proposed expansion than
the number of such spaces necessary to accommodate all vehicles attributable to such use under the
normal and reasonable foreseeable conditions of operation because the parking study indicates that
the peak parking demand for off -street parking spaces is lower than the quantity provided for the
project site (168 spaces needed and 240 spaces proposed during peak hours).
b. That waiver (a), relating to the maximum number ofparking spaces, will not increase
traffic congestion and will not increase the demand and competition for parking spaces upon the
public streets in the immediate vicinity of the use because the bowling facility and proposed
expansion will have adequate parking to accommodate the project's peak parking demands.
c. That waiver (a), relating to the maximum number of parking spaces, will not increase
the demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because as indicated in the parking study, adequate parking to
accommodate the anticipated project peak parking demand will be provided on -site.
d. That waiver (a), relating to the maximum number of parking spaces, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use because the project site is physically separated from adjacent private
properties. Furthermore, it has been determined by the parking study that adequate on -site parking
spaces are being provided.
2. That waiver (b) above specified, relating to maximum floor area ratio (FAR), should be
approved because the existing building is currently legal nonconforming with respect to the FAR
limitation of 0.25 in Development Area 5 of the Northeast Area Specific Plan since it was developed
prior to the specific plan adoption. Moreover, the proposed 0.32 FAR would be consistent with the
FAR limitations in the General Plan, which is 0.5. Further, staff will be processing a specific plan
amendment to the Northeast Area Specific Plan in order to raise the FAR limitation so that it is
consistent with the General Plan.
3. That waiver (c) above specified, as revised by the applicant, relating to maximum
quantity and size of freeway- oriented signs for two (2) 240 square foot freeway- oriented channel
letter wall signs, should be approved because the two signs are necessary so that the signs may be
seen from both sides of the freeway due to the distance of the building from the freeway and the
perpendicular orientation of the building.
4. That waiver (c) above specified, as revised by the applicant, relating to maximum
quantity and size of freeway oriented signs for two (2) 300 square foot freeway- oriented electronic
readerboard wall signs, should be approved for the following reasons:
a. That the proposed request for a permit for two (2) 300 square foot freeway oriented
electronic readerboard wall signs is properly one for which a conditional use permit is now
authorized based upon the City Council's approval of Zoning Code Amendment No. 2007 00063.
b. That the placement, size and other physical attributes of the proposed electronic
readerboard wall signs, as revised by the applicant, would not adversely affect adjoining land uses or
the growth and development of the area in which the signs are proposed to be located.
c. That the approval of the conditional use permit would not be detrimental to the health
and safety of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council, for the
reasons hereinabove specified, does hereby grant said amendment to conditional use permit for the
remodel of an existing bowling facility with the addition of administrative offices, an outdoor patio
area and four (4) new telecommunications antenna towers, and including the waiver of code
requirements pertaining to the maximum number of parking spaces, maximum floor area ratio, two
(2) 240 square foot freeway- oriented channel letter wall signs and two (2) 300 square foot freeway
oriented electronic readerboard wall signs.
BE IT FURTHER RESOLVED that the by the City Council of the City of Anaheim
does hereby amend, in their entirety, the conditions of approval adopted in connection with
Resolution No. 89R -243, as amended by Resolution Nos. 98R -186 and 2001R-272 and as adopted in
connection with Conditional Use Permit No. 3124, to read as follows:
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Conditions of Approval
That final elevation plans, including colored elevations and a material board, shall
be submitted to the Planning Department for review and approval. Any decision
by the Planning Department may be appealed to the Planning Commission as a
Reports and Recommendations item.
That final sign plans shall be submitted for review by the Planning Commission
as a Reports and Recommendations item.
That all equipment, including supply cabinets and power meters shall be installed
on private property and shall be screened from public view, as approved by the
Planning Services Division. The developer shall obtain a Right -of -Way
Construction Permit from the Public Works Department for any work within the
public right -of -way, including but not limited to installation of conduit, cable and
electrical service lines.
That the wall surrounding the outdoor patio area shall consist of a solid wall of at
least four (4) feet with glass on top for a minimum combined height of six (6)
feet. Said information shall be shown on plans submitted for building permits.
That the applicant shall be required to protect in place the City of Anaheim's
existing 10 -inch cast iron water main, the centerline of which, according to record
drawings, is located 4 -feet west of the west property line. Furthermore, the
footings of the cellular telephone towers, buildings, walls, or structures adjacent
to the property's west property line must not impose any additional loading onto
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Public Utilities
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Conditions of Approval
the City of Anaheim's existing 1 0-inch cast iron water main. Detail plans of
footings for any building or structure adjacent to the 1 0-inch caster iron water
main must be submitted to the City of Anaheim for review and approval prior to
issuance of any building permit. Said plans shall accurately locate the existing
1 0-inch cast iron water main in relation to the proposed construction.
That all backflow equipment shall be located above ground outside of the street
setback area in a manner fully screened from all public streets. Any backflow
assemblies currently installed in a vault shall be brought up to current standards.
Any other large water system equipment shall be installed to the satisfaction of
the Water Engineering Division in either underground vaults or outside of the
street setback areas in a manner fully screened from all public streets and alleys.
Said information shall be shown on plans and approved by Water Engineering
and Cross Connection Control Inspector before submittal for building permits.
That all requests for new water services or fire lines, as well as any modifications,
relocations, or abandonments of existing water services and fire lines, shall be
coordinated through the Water Engineering Division of the Anaheim Public
Utilities Department.
That the trash enclosure shall be refurbished per City Standards and approved by
the Streets and Sanitation Division of the Public Works Department. Said
information shall be included on plans submitted for building permits.
That the screening parapet and tower material are subject to approval of a zoning
inspection to confirm that no telecommunications or other roof mounted
equipment is visible from public view.
That subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the applicant and which
plans are on file with the Planning Depai talent marked Exhibit Nos. 1 through 4,
and as conditioned herein.
That the applicant shall provide two (2) licensed uniformed security guards on
Fridays and Saturdays, between the hours of 8:00 p.m. and 2 a.m. Two guards
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Police /Code
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Conditions of Approval
Responsible for
Monitoring
shall monitor the parking lot and two guards shall monitor the inside of the
premises, with one at the door and the other roaming the floor to keep minors
from obtaining alcohol. Security measures shall be provided to the satisfaction of
the Anaheim Police Department to deter unlawful conduct on the part of
employees or patrons, and promote the safe and orderly assembly and movement
of persons and vehicles, and to prevent disturbance to the neighborhood by
excessive noise created by patrons entering or leaving the premises.
Enforcement
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That at all times when the premise is open for business, the premise shall be
maintained as a bona fide restaurant and shall provide a menu containing an
assortment of foods normally offered in such restaurant.
Code
Enforcement
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That there must be the same food availability on the patio area as is provided
within the building.
Code
Enforcement
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That there shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages.
Code
Enforcement
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That the parking lot serving the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernible the appearance and
conduct of all persons on or about the parking lot. Said lighting shall be directed,
positioned and shielded in such a manner so as not to unreasonably illuminate or
be a problem for freeway drivers. The parking area should be illuminated with a
one foot candle power and a lighting study should be done.
Planning, Code
Enforcement
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That there shall be no amusement and entertainment as defined in Section
4.18.010b of the Anaheim Municipal Code permitted on the premises at any time.
Notwithstanding the foregoing, a DJ or jukebox may be permitted within the
premises as authorized and in accordance with the terms of a valid entertainment
permit issued pursuant to Chapter 4.18 of Title 4 of the Anaheim Municipal Code.
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The gross sales of alcoholic beverages shall not exceed 40 percent of the gross
sales of all food and beverage sales during any three (3) month period. The
applicant shall maintain records on a quarterly basis indicating the separate
amounts of sales of alcoholic beverages and other items. These records shall be
made available for inspection by any City of Anaheim official when requested.
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The sale of alcoholic beverages for consumption off the premise shall be
prohibited.
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The activities occurring in conjunction with the operation of this establishment
shall not cause noise disturbance to surrounding properties.
Police /Code
Enforcement
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That subject alcoholic beverage license shall not be exchanged for a public
premise (bar) type license nor shall the establishment be operated as a public
premise as defined in Section 23039 of the Business and Professions Code.
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That there shall be no admission fee, cover charge, nor minimum purchase
required.
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That the business operator shall comply with Section 24200.5 of the Business and
Profession Code so as not to employ or 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 other profit sharing plan, scheme or
conspiracy.
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That the applicant shall not share any profits, or pay any percentage or
commission to a promoter or any other person, based upon monies collected as a
door charge, cover charge, or any other form of admission charge, including
minimum drink orders, or the sale of drinks
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That all doors serving subject restaurant shall conform to the requirements of the
Uniform Fire Code and shall be kept closed at all times during the operation of
the premises except for ingress /egress, permit deliveries and in cases of
emergency.
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Enforcement
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There shall be no public telephones on the property that are located outside the
building and within the control of the applicant.
Code
Enforcement
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That no Special Event Permits shall be permitted for the bowling alley, and that
no banners or other temporary advertising shall be displayed at this location.
Code
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That all activities shall be conducted entirely within the building and no outdoor
area, with the exception of the outdoor patio, shall be provided as a designated
smoking area.
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That the property shall be permanently maintained in an orderly fashion through
the provision of regular landscaping maintenance, removal of trash or debris, and
removal of graffiti within twenty -four (24) hours from the time of discovery.
Code
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That timing for compliance with conditions of approval may be amended by the
Planning Director upon a showing of good cause provided (i) equivalent timing is
established that satisfies the original intent and purpose of the condition(s), (ii)
the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use
or approved development.
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That extensions for further time to complete conditions of approval may be
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
Planning
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 the time within which judicial review of final
decisions must be sought is governed by Code of Civil Procedure Section 1094.6 and Anaheim City
Council Resolution No. 79R -524.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 4th day of March 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Galloway and Kring
NOES: Council Member Sidhu
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
68389.v1/MGordon
CITY OF ANAHEIM
B
OR OF THE IT F ANAHEIM