RES-1989-243RESOLUTION NO. 89R-243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3124.
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 SANDERSON-J-RAY DEVELOPMENT, 2699 White Road, Suite 150,
Irvine, CA 92714, owner to permit a bowling alley (with accessory
and incidental on-premise sale and consumption of alcoholic
beverages) upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
PARCEL 2 OF PARCEL MAP NO. 87 458, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 233, PAGES 31 AND 32 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.; 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. PC89-126 granting
Conditional Use Permit No. 3124; 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.
CUP NO. 3124
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.
6. Pursuant to Section 18.02.041 of the Anaheim Municipal
Code and the determinations of the City Planning Commission set
forth in Resolution No. PC89-126, the on-premise sale and
consumption of alcoholic beverages is an accessory and incidental
use to bowling alleys in the Canyon Industrial Area of the
Limited Industrial (ML) Zone which accessory and incidental
use(s) may be expressly permitted in conjunction with any
conditional use permit approved by the City for a bowling alley
in such Zone.
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:
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, TttEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Fermit No. 3124 be, and the same is hereby,
granted permitting a bowling alley (with accessory and incidental
on-premise sale and consumption of alcoholic beverages) on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.252 - Minimum number of parking spaces.
and 18.61.066.050 (627 required; Z40 spaces proposed)
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subject to the following conditions:
·
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.
·
That sidewalks shall be installed along La Palma Avenue as
required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City
Engineer.
·
That the driveway shall be reconstructed to accommodate ten
(10) foot radius curb returns. Existing broken or cracked
driveways shall be removed and replaced as required by the
City Engineer.
·
That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
That the legal owner of subject property shall obtain a
recorded covenant granting an access easement from the legal
owner of the property immediately north of subject property
for ingress and egress purposes to subject property. Said
easement shall be designed in a manner satisfactory to the
City Traffic Engineer. Said covenant shall be in a form
approved by the City Attorney and shall be recorded with the
Office of the Orange County Recorder. A copy of the recorded
covenant shall be submitted to the Zoning Division.
·
That the hours of operation shall not commence earlier than
9:50 a.m. Monday through Friday, excepting national holidays,
as required by the City Traffic Engineer.
·
That ali parking spaces shall be "standard" sized with no
"small car" spaces, as required by the City Traffic Engineer.
·
That prior to commencement of structural framing, on-site
fire hydrants shall be installed and charged as required and
approved by the City Fire Department.
·
That if a parking deficiency occurs following occupancy of
the subject property (said deficiency having been
demonstrated in a parking demand study to be funded by the
property owner/developer at the request of the City Traffic
Engineer and to be reviewed and approved by the City Traffic
Engineer) additional parking (not to exceed an additional
three hundred eighty-seven (58?) spaces) shall be provided on
the undeveloped portion of the subject property in a manner
approved by the City Traffic Engineer; and that a covenant
shall be recorded in a form approved by the City Attorney's
Office obligating the petitioner and any future assignees to
providing such parking, including provisions for such parking
when the balance of the subject property is developed, if a
5 CUP 5124
deficiency is found to exist. Said covenant shall be
recorded with the Office of the Orange County Recorder.
copy of the recorded covenant shall be submitted to the
Zoning Division.
10. That a parking plan indicating compliance with City parking
lot design standards shall be submitted to and approved by
the City Traffic Engineer.
11. That subject property shall be served by underground
utilities.
12. That fire sprinklers shall be installed as required by the
City Fire Department.
15. That trash storage areas shall be provided and maintained in
a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans on
file with said Division.
14. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view.
15. That the proposal shall comply with all signing requirements
of the ML (SC) "Industrial, Limited - Scenic Corridor
Overlay" Zone unless a variance allowing sign waivers is
approved by the City Council, Planning Commission or Zoning
Administrator.
16. That a landscape plan for subject property, including a
minimum 10-foot wide landscaped planter along the south
property line (Route 91 Freeway), shall be submitted to and
approved by the Planning Commission.
17. That the on-site landscaping shall be maintained in
compliance with City standards.
18. That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1 through 3.
19. That prior to the issuance of a building permit for the
project, the property owner/developer shall record a License
Agreement which extends the termination period of the
previous License Agreement for unlicensed vehicles with
Rockwell International, Inc., from (sixty) 60 days to three
hundred sixty-five (365) days, but terminable within (thirty)
30 days in the event of a breach of said Agreement by
Rockwell International, Inc; and that the License Agreenent
shall be approved by the City Attorney and City Traffic
Engineer prior to recordation and that a copy shall then be
furnished to the Zoning Divsion.
-4- CUP 3124
20. 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, 5, 7, 9, 10, 16 and
19, 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.
21. That prior to final building and zoning inspections,
Condition Nos. 2, 3, 4, 7, 11, 12, 13, 14 and 18,
above-mentioned, shall be complied with.
2Z. That by approving this application, the City of Anaheim does
not waive its right to enforce Condition No. 9 of Resolution
No. PC 88-59 previously approved in connection with the
granting of Variance No. 5754.
ZS. 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
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.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20th day of June, 1989.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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CLERK
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. 89R-243 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of June, 1989, by the following vote of the members thereof:
AYES-
COUNCIL MEMBERS- Daly, Ehrle and Hunter
NOES'
COUNCIL MEMBERS' Pickler and Kaywood
ABSENT' COUNCIL MEMBERS' None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-243 on the 26th day of June, 1989.
IN WITNESS W14EREOF, I have hereunto set my hand and affixed the meal of the
City of Anaheim this 26th day of June, 1989.
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. 89R-243 duly passed and
adopted by the Anaheim City Council on June 13, 1989.
CITY CLERK OF THE ~ITY OF ANAHEI]~-