Resolution-PC 2008-115RESOLUTION NO. PC2008-1 I S
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A PREVIOUSLY APPROVED CEQA NEGATNE
DECLARATION IS THE APPROPRIATE ENVIRONMENTAL
DOCUMENTATION AND APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3124 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 89R-243, AS PREVIOUSLY AMENDED
{TRACK[NG NO. CUP2008-05373)
(3364 EAST LA PAI.MA AVENUE)
WHEREAS, on June 20, 1989, the Anaheim CiCy 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
WHfiREAS, on September 1, 1998, the Anaheim Ciry Council adopted
Resolution No. 98R-186, denying a request to amend Conditional Use Permit No. 3124 to permif
a dance hall as an accessory use to the bowling alley; and
WHEREAS, on October 23, 2001, the Anaheim 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, on March 4, 2008, the Anaheim City Council adopted Resolution
No. 2008-022, approving a request to amend Conditional Use Permit No. 3124 (Tracking No.
CUP2007-05209) to permit Che remodel oFan existing bowling facility with the addition of
administrative of#ices, an ouYdoor patio 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 etectronic readerboard wall signs; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for a further amendment to Conditional Use Permit No. 3124 (Tracking No. CUP2008-
05373) to permit the addition of a private party room and four additional bowling lanes, with a
waiver of the following provisions of the Anaheim Municipal Code:
(a) SECTION NO. 18.42:040A10 Minimum Number of Parkin~paces
(568 spaces required; 240 spaces existing
and proposed) k
WHEREAS, the Planning Commission did hold a public hearing at the Czvic
Center in the City of Anaheim on December 8, 2008 at 2:30 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 18.60 "Procedures", to hear and consider evidence for and against said
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amendment to Conditional Use Permit No. 3124 and to investigate and make findings and
recommendations in connection therewith; 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 repoRs offered at said
hearing, does find and determine the following Facts:
1. That the petitioner requests an amendment to Conditional Use Permit No. 3124 to
permit the addition of a private party room and four additianal bowling lanes, with a waiver of
the following provisions of the Anaheim Municipal Code:
(a) SECTION NO. 18.42.040.010 Minimum Number of Parking Spaces
(568 spaces required; 240 spaces existing
and proposed).
2. That the parking waiver is hereby approved based on the conclusions contained in
a parking study update prepared by Kunzman Associates, dated August 26, 2008. Parking
surveys were conducted at the subject facility on a Friday, Saturday, and Sunday over several
hours and the results of the survey indicate that before 5 p.m., when 180 on-site spaces are
available, the maximum parking demand is 137 spaces; after 5 p.m., when 240 spaces are
available, the maximum parking demand is 190 spaces. Therefore, based on the inFormation
contained in the parlcing study, the requested parking variance will not cause fewer oFf-street
parking spaces to be provided for the proposed use than the number ofsuch spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation oF such use.
3. That the request to expand an existing bowling alley with a private party room
and four additional bowiing lanes in the NortheasY Area Specific Plan, Commeroial Area (SP94-
l, D.A. 5) zane is propecly one for which a copditional use permik is authorized by Anaheim
Municipal Code Section 18.120100.050.0507 {$owling Alleys).
a. That the proposed expansion ofan existing bowling alley with a private pariy
room and four addikional bowling lanes would not adversely affect the adjoining commercial and
industrial land uses and the growth and development of the area in which it is proposed to be
located.
5. That the size and shape of the site for the bowling alley expansion is adequate to
allow the full development of the proposed use in a manner not detrimental to the particular area
nor to the health, safety and general welfare of the public.
6. That the traffic generated by the bowling alley would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
bowling alley is consistent with the types oFcommercial and industriak uses along La Palma
Avenue.
7. That no persons indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject request.
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NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Cpmmission has reviewed the proposal and does hereby find that a previously-approved
Negative Declaration in connection with Conditional Use Permit No. 3124 (Tracking No.
CUP2008-05373) is adequate to serve as the required environmental documentation in
connection with this request.
NOW THEREFORE BE [T RESOLVEA that the Anaheim City Planning
Commission for the reasons hereinabove stated does hereby approve the proposed amendment to
Conditional Use Permit No. 3124 as requested by the applicant.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby amend, in their entirety, the conditions of approval adopted in connection with City
Council Resolution No. 89R-243, as previously amended by Resolution Nos. 98R-186, 2001R-
272 and 2008-022, and as adopted in connection with Conditional Use Permit No. 3124, to read
as shown in Exhibit "B" attached hereto and inwrporated by this reference, which conditions are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order
to preserve the health, safety and general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hpurs of operation or duration pf the use, Amendments, modifications and revocations of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Plarming Commission
does hereby find and determine that adoption of this Resolurion is expressly predicated upon
applicant's compliance with each and all 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 competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that except as amended herein Resolution No.
89R-243, as previously amended, shall remain in full force and eFfect.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of tlus discretionary case application within I S days of the
issuance of the final invoice.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 8, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter I8.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
M
~~~ ~~
CHAIRMA`~I, ANARIEIM PLANNIFIG COMMISSION
ATTEST:
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SECRETARY, ANAHEIM PLANNING COMM[SSION
STATE OF CALIPORNIA )
COLJNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on December 8, 2008 by the following vote of the members
thereoF:
AYES: COMMISSIONERS: KARAKI, BUFFA, FAESSEL, RAM[REZ, EASTMAN,
AGARWAL,ROMERO
NOES: COMMISS[ONERS:
ABSENT: COMMISSIONERS: ~
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
December, 2008.
ANAHEIM PLANNING COMMISSION
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EXH[BIT "A"
CONDITIONAL USE PERMIT NO. 2007-05209
(TRACKiNG NO. CUP NO. 2008-05373)
ST
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° 10°~ ~ Source: Recohlea Tracl Maps anNoYCiry G1S.
PleaFe nole the accuracy.is ~/-lwa lo fivei2eC.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2007-05209
(TRACHING NO. CUP NO. 2008-05373)
No. Conditions of Approval Responsible for
Monitoring
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1 That final sign plans shall be submitted for review by the Planning
Planning Commission as a Reports and Recommendations item.
2 That all equipment, including supply cabinets and power meters Planning
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 Deparhnent for any work within the
public right-of-way, including but not limited to installation of
conduit, cable and electrical service lines.
3 That the wall surrounding the outdoor patio area shall consist of Planning
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.
4 That the applicant shall be required to protect in place the City Public Works
of Anaheim's existing 10-inch cast iron water main, the Development
centerline of which, according to rewrd drawings, is located 4- Services
feet west of the west property line. Furtheanore, the footings oF
the cellular telephone towers, buildings, walls, or structures Public Utilities
adjacent to the property's west property line must not impose Water
any additional loading onto the City of Anaheim's existing 10-
inch cast iron water main. Detail plans of Fookings for any
building or structure adjacent to the 10-inch caster iron water
main must be submitted to the City of Anaheim For review and
approval prior to issuance of any building permik Said plans
shall accurately locate the existing 10-inch cast iron water main
in relation to the proposed constmetion.
5 That all backflow equipment shall be located above ground Planning
outside of the street setback area in a manner fully screened
from all public streets. Any backflow assemblies currant~ Public Utilities
installed in a vault shall be brought up to current standards. Any Water
other iarge water system equipment shall be installed to the
z
satisfaction of the Water Engineering Divlsion in either
underground vaulYS or outside of the street setback areas in a
manner fully screened from all public streets and alleys. Said
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information shall be shown on plans and approved by Water
Engineering and Cross Connection Control Inspector before
submittal for building permits.
6 That all requests for new water services or fire lines, as well as Public Utilities
any modifications, relocations, or abandonments of existing Water
water services and fire lines, shall be coordinated through the
Water Engineering Division of the Anaheim Public Utilities
Department.
7 That the trash enclosure shall be refurbished per City Standards Public Works
and approved by the Streets and Sanitation Division of the Sanitation
Public Works Department. Said information shall be included
on plans submitted for building permits.
PRIOR TOZONING INSPECTION
S That the screening parapet and tower material are subject to Planning
approval of a zoning inspection to confirm that no
telecommunications ar other roof-mounted equipment is visible
from public view.
9 That fire lanes shall be posted with "No Parking Any Time." Public Works-
Said information shall be specifically shown on plans submitted Traffic
for building permits.
Fire
GENERr1l'
10 That no required parking areas shall be fenced or otherwise Code
enclosed For outdoor storage uses. Enforcement
I 1 That the applicant shall provide a minimum of two (2) licensed Police/Code
uniformed security guazds on Fridays and Saturdays, between Enforcement
the hours of 8:00 p.m. and 2 a.m. These two guards shall
monitor the parking lot and the inside of the premises, with one
at the door and the other roaming the floor tp keep minors From
obtaining alcphol. 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 dislurbance to the neighborhood by
excessive noise created by patrons entering or leaving the
premises. "
12 That at all times when the premise is open for business, the ~olice/Code
premise shall be mainhained as a bona fide restaurant and shall Enforcement
provide a menu containing an assprtment of foods normally
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offered in such restaurank
13 That there must be the same food availability on the patio area Police/Code
as is provided within the building. Enforcement
14 That there shall be no exterior advertising of any kind or type, Police/Code
including advertising directed to the exterior from within, Enforcement
promoting or indicating the availability of alcoholic beverages.
15 That the parking lot serving the premises shall be equipped witti Police/Code
lighting of sufficient power to illuminate and make easily EnForcement
discernible the appearance and conduct of all persons on or
about the parking lok 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 shall be illuminated with a minimum one foot candle
power.
16 That there shall be no amusement and entertainment as deFined Police/Code
in Section 4.18A lOb of the Anaheim Munieipal Code permitted Enfomement
on the premises at any time. Notwithstanding Che foregoing, a
DJ or jukebox may be permitted within the premises as
authorized and in accordance with Yhe tarms of a valid
entertainment permit issued pursuant to Chapter 4.18 of Title 4
of the Anaheim Municipal Code.
17 The gross sales of alcohotic beverages shall not exceed 40 Police/Code
percent of the gross sales of all food and beverage sales during Enforcement
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 Lecords
shall be made available for inspection by any City of Anaheim
official when requested.
18 The sale of alcoholic beverages for consumption off the premise Police/Code
shall be prohibited. Enforcament
19 The activities occurring in conjunction with the operation of this Police/Code
establishment shall not cause noise disturbance to surrounding Enforcement
properties.
20 That subject alcoholic beverage license shall not be exch~nged Police/Code
For a public premise (bar) type license nor shall the Enforcement
establishment be operated as a public premise as deFined in °
Section 23039 of t}~e Business and ProFessions Code.
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21 That there shall be no admission fee, cover charge, nor Police/Code
minimum purchase required. Enforcement
22 That khe business operator shall comply with Section 24200.5 of Police/Code
the Business and Profession Code so as not to employ or permit Enforcement
any persons to solicit or encourage others, directly or indirectly,
to buy them drinks in the Iicensed premises under any
commission, percentage, salary, or other profit-sharing plan,
scheme or conspiracy.
23 That the applicant shall not share any profits, or pay any Police/Code
percentage or commission to a promoter or any other person, Enforcement
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.
24 That all doors serving subject bowling alley shall conform to the Police/Code
requirements of the Uniform Fire Code and shall be kept closed Enforcement/Fire
at all times during the operation of the premises except for
ingress/egress, permit deliveries and in cases of emergency.
25 There shall be no public telephones on the property that are Police/Code
located outside the building and within the control of the Enforcement
applicant.
26 Thak no Special Event Permits shall be permitted for the bowling Code
alley, and that no banners or other temporary advertising shall Enforcement
be displayed at this location.
27 That all acrivities shall be conducted entirely within the building Police/Code
and no outdoor area, with the exception of the outdoor patio, Enforcement
shall be provided as a designated smoking area.
28 That the property shall be permanently maintained in an orderly Code
fashion through the provision of regular landscaping Enforcement
maintenance, removal oF trash or debris, and removal of graFfiti
within two {2) business days &om the time of discovery.
29 That timing for compliance with conditions of approval may be Planning
amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that sahsFies
the original intent and purpose of Che condition(s), {ii) the
modificatlon complies with the Anaheim Munieipal Code and
(iii) the applicant has demonstraked significant progress toward
establishment oF the use or approved development.
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30 That subject property shall be developed substankially in Planning
accordance with plans and specifications submitted to the City
of Anaheim by the applicant and which plans are on file with the
Planning Deparhnent marked E~ibit Nos. 1 through 5, and as
conditioned herein.
3l That approval of this application cpnstitutes approval of the Planning
proposed request only to the exYent that it complies with the
Anaheim Municipal Zoning Code and any other applicable Ciry,
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.
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