Resolution-PC 94-119RE L~TIpN N PC94•119
A RESQLUTION OF THE ANAHEIM CITf PLANNIN~ COMMISSION
THAT PETITION FOR COMDITIQNAL USE PERMI"i N0. 3703 9E GRANT~D, IN PART
WHEREAS, the Anaheim City Planning Comrnission dicl rocQive a verilied F'etition for
Conditional Use Permit for certain reat property situated in the City of Anaheim, County of Orange, State
ot C~Iitornia, doscribed as:
LOT 8 OF THE TRAVIS TRACT, IN THE CITY OF ANAFIEIM, COUNTY QF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOUK 5, PAGE
1?_0, MISCELLANEOUS MAPS, IN THE OFFICE ~F THE COUNTY RECORDER 0~
SAID COUNTY.
EXCEPTING TNEREFROM,1'HAT PORI'ION OF SAID IAND LYING EAS7ERLY ~F
THE WEST LINE OF THAT CERTAIN PAFiCEL GF IAND DESGRIBEU ly QEED
TO ONANGE COUNTY FLOO~ CONTROL DISTRICT RECORDED FEBRUARY 6,
1939 IN BOOK 984, PAGE 15 OF O~FICIAL RECQRDS.
WNEREAS, the City Planninc~ Commission did h~ld a public hoarinc~ at the Civfc Conter
in the Cfty of Anah4im on August 8, '.994 at 1:30 p.rn., notice of said public hearing havfng be~n duly
c~iven as requirad by Iaw and in accordance with the provisfons of the Anaheim Municipal Code, Chapler
18.03, to hear and considor evidence for and ac~ainst said proposed conditional use perrnit and to
Investiqato and make findings and recommendations ~n connection thorewith; and that sub~ect public
hearing was c~ntinuQd to the Septembar 7, 199n Planning Commfssio~z meeting; and
WHEREAS, said Commission, aKer due fnspection, investigatlon and study mede by itseli
and in frs betiall, ~nd ahor due consideratlon nf all evidence anci reports oHered at said hearing, does Iind
and determine the following facts:
t, That the proposed use is properly one for wlifch a conditfonal use permit Is authorized by
Anaheim Municipnl Code Sections 1f3.61.050.310 and 1E3.61.050.3<JO to permit a 30,50U sq.ft. planned unit
commercial shopping center, including a 14,OOU sq.ft. serni•enctos~cf restaurant with an•premise sale and
consumptfon uf beer ond wine, with waiv2r of tfie fullowing:
(a) ' u i ~..lS~:Q.~~tQ9~
and 1f3,61.063,040
(b) tiQlts 18.04.060,Q~Q
.J.$.4~9~Q
_~nc) ~.,~~5't~ 4~
(c) _ ti ~$.18•OG,Q1_U.02Q
18,Q6,9~Q.Q~
~.~..4.~4~4.Q2~.
~nd 18,61.OG~Q;rS1.
Minfmum landscap~ rPpufrement~.
Minimum rea ir rk~n,p.lgt I.~ndsc~ninst•
i 'm m number_QI narkiny~p~4,~.
(Reyuired: ~1$ spaces requirhd;
Proposact: ~1g space~ consistfnp of Cx3
on•si!o spaces and t50 loased otf-sito spaces
useable during non•elent timas unly, as concurred
with by tl~e City Fr.,Nic and Traneportation Manager)
2. That wafvers (a) and (b) are heroby denfecl on the basis ttwt reviseci plana were submftterl
loll~wing public notifEcatian lo elirnlnate the need for safd wlivors;
CR21(i4h1S.WP -t• PC&l•119
3. That the parking variance, permhtinc~ 150 leased off-site spaces that will not be available
d~,ring scliedulQd Qvents at tlia Anatieim Stad~um and Arena, will not cause an incroasc~ in traffic
conflestion in the Immeclfate vicin?ty nor adversely affect any adJofning land uses, and that tF~e City TraHic
and Transp~rtation Manager has concurred with the lease 1(m(tations on tho 15U off•site paricing spaces
for this sperific use at this spocific locat(on;
4. That the c~ranting of the parkinc~ variance under the conditlons imposed will not be
cletrirnentnl to th~ poace, hoalth, safoty or genaral wel(are of the citizens of the City of Anaheim;
5. That the proposed use is properly one for which a conditional use permit is authorized by
the 'Lonfng Code;
6. That the proposed use will not adversely affect the ad~oining land uses and the growth and
dovelopment uf the area in whicli it is prpposed to bo located becauso tlie proposod pl~ri~ed unit
commercial shopping centEr with restaurant arp compiirric~ntar,r to Qx(sting uses in tha surrounding area;
7. That the size and shape of the sitQ tor ttie proposed uso (s adaquata to allow the full
developmont of the proposed usQ in a manner not detrfmontal to the particular area nor to the peace,
hRalth, safety and general weifaro;
0. That the tra(fic genFrated by the proposed use wiil not imnose an undue burden upon tho
stroets and highways desfgned and improved to carry the traffic in tho area;
9. That the grantin~ of tlic~ conditional use pormit under the conditiuns irnp~sed will not be
detrimental to the peace, health, safety and genQra! wel(are of iho citizons of tho City of Anaheim; and
10. That no one indfcated their presen~e at said pubtic hearing in oppo~iti~n; and that no
correspondenr,e was receivRd in opposition to the subJect pet(tion.
CALIFORNIA ENVIR NM IVTAL nUALITY A~7 FINDIN : That tt~e Rnahoim City Planninc~
Commission has reviewed tlio propos~l to perrnit a 30,500 sq.it. planned unit comrnercial shopping center,
inr,luciing a 14,000 sq.ft. semi-Qnclosed restaurant witfi on•premise sale and cunsumption of beer and wine
and with waivers of minimum landscepe requiroments, minirnum requirecl parking tot landsc~ping and
minimurn numbor of parking spaces on on irregularlysha~~ed parcel of land consisting of npproximately
3.13 acros located at the southeast corner of Katella Avenue and 6ouglass Road, havin~ apprr~x(mate
(rontages ~f 310 teet on thu south side of Katella Avenuo ana 440 feet on tha east cide of Douqlass Road,
and furth~~r doscribed as 2600 to 2620 East Katella Avenue; and doe~ hereby approve the Nagativo
Ueclaratir.n upon finding ttiat the declaration retlects ihe fndapendent Judgement of the lead sgency and
that it has considared the Negative Declaratfon together wfth any comments received during the publ{c
reviow piocess and further find(ng on tho basis of tho initfal study ~tnd any comrnonts ;ecefvc~i that there
is no substantial evfdenco that the project will have ~ siyniticant elfect on the environment.
NOW, 7HEREFOFE, FJE IT RESOLVED that the Anahefm City Plannfng Comm(ssion does
hereby ~rant sub(ect Petition for Conditfonal Use Permit, In part, upon thQ following conditions ~vhic~~ are
hereby found to be ~ necessary preroquisfto to the proposod uso ot tlie sub~ect property in ordar to
pros~srve the safety and y~nQral welFaro of the Citizens ot thc Cfty o( Anahefm:
t. 'Tfiat thv minimum number ol parkinfl spaCes requirecl py Cale shall be available for subJoct proposal.
If ~rn~ ott-sito parkinq spacoa nr~ provided on the c~d~acant Ornnc~e County ownod property to satisty
the Code roGuirement, a p~~rk~ng agreement between the subJACt property owner and the County of
Oranfle atiall ba ~ubmitted to and opproved by the City Att~rney'a Ofiice, ~nd submittecl to tho Zoning
Division lollowing recorciatlon with tho Aflice o} th~ Orange County Rocorder. Tliis conditional use
pQrmit shall be valid nnly i1 Cudo required parkiny fs available.
•2- PC94-119
2. 1'hat subject restaurant shall continuously adhere to tl~e fallowinc~ conditions, as reqiifred by the
Police Department:
a. Food service, including meals, shali be availabio untii 11:00 p.m. on every day oF operation.
b. Tho alcoholic bave~age Iicense shall not bo exchanqed for a puhllc premJse~ type ilcense nor
shall the premises be operated as a public premises.
c. The sale of alcoliolic beverages for consumptian ofi tlie premises shal~ bo prohibited e~.oept for
beer brewed on the premises.
d. The quttrterly gross salos of alcoholic beverages shall n~t exceed the gross sales af food and/or
other commoditios during tho samo period.
e, kntertainment provided on the premi;;es shall not bc~ audible beyond the area undor the control
of the b~~siness.
f. Tho extorior doors shall be kopt closed at ali t(mos durfng tho operation of the promise ; except
fn cases of emergency and to permit deliveries.
g. Thore ahall be no more than two (2) extEriar advertising davices of any kind or type (such as
siqns), inr,ludinn advortising dlrected to th~ exterior from inside 'he building, prornoting or
indicating tho availability of alcoholfc bevera~es.
h. That there ~hall be no dancinc~ perm(tted on the premises at any time.
i. The parkfnc~ lat of the premisea shall b~ equi~ped wi!h 1(ghting of su(ficlent power to illuminate
and make easlly discernible the appearance and conduct of all ~ersons on or about the parking
lot. The lightinc~ In the area shall be shfolded to prevent unreasonable I~lurtilnation af the window
2roas of nearby buslnc~sses.
j. The number of persons attending any event at subJect proporty shall not excaed the maximum
occupancy load as determined by the Anaheim Fire Department. Slgns indicating the maximum
occupancy shall be prominently displayed within the premises.
k. No alcoholic beverac~es shall be r,onsumed on any property adjacent to the premises under ~he
c;~ntrol of the applicant.
I. Sales, service and consumption ot alcoholic beverages shall bo pennfttad only batween the
hours ot 10:U0 ~m, and 2:00 a.m.
m. At any time entortainment is provfded on the premises, the applicant(s) shall pr4vide untformed
socurity guards (wlio shatl comply with all requtrements of the Catifornfa pepartment o!
Consumer AHairs and the Anahefm Municfpal Code) to maintaln order therefn.
n. There shall be no pool tables or coin•oper:atecl games maintained upon the prem;ses at any
t(mR.
o. Sub~ect buslness shatl not employ or perrift any persons to solicit or encourage others, diroctly
or indirectly, to buy them drinks in the iicancod premises undor any comrnission, perr,eniage,
s~lary, or other prnfit-sharing pian, schemo or conspirar,y.
3. That a plan sheat tor solid waste storaqo arxl collection, and a plAn (or recycling shall be submitted
to the Department M Mainten~nce for review and epproval.
.~. PC94-t iJ
4. That any proposod freestanding sign on subject property shall be a monument-type nut exr,eedinfl
eight (S) feet in I~aic~ht and shall be sub~ect to the prior review and approval of the City 'i'raHic a~d
Transportation Manac~er to deterrnlno adequate Ilnes-of-sight.
5. Tliat, in addition to tl~e restaurant, thore shali be a maximum of eight (e) retail units permfttad.
6, That subJoct property shall be ~e~elopod substantially in accordance wltti plans and specifications
submftted to the City of Anahaim by the potitionc~r and which plans are on flle ~~ith the Planning
~eNartmont marked Exhibit Nos. t throuc~l~ 4.
7. That the followinn accessory uses may be permitted for sub~ect plannod unit commQrcial shopping
center:
e. Cellular servicc and/cr distribution
b. Bakery, sales and/or preparation and distribution limited to facilities with up tn ten (10) customer
seats
c. Food related sales arxi preparation and distrfbution limited to facilitles with up to tert (10)
custorrier seais
d. Clothing and apparel saies ~nd dlstribution and/or assembly
e. Confectionery aiid/or caiidy srore
f, Photo storo
c~, Pfiotography studio
fi. Coin shop
i. Sporting goods store or relatecl type
Sports related paraphernalia or collectibles salos and assembly and/or distribution
k. Ticket a~7ency
I. Travel
m. Hobby shop
n. Jewetry sales, distribution and/or assembly
o. interior design or rolat~d use (tlle, bath accessories, otc.)
p. Retail supply stores including but not limfted to vehicle accessories and par?s, books, hardware,
pet shop, toys
q. Rental services
r. Athletic shoes sales and cfistribution
,. Recreational•type store (exarcis~ equipment, etc.)
t. Aquatic related sales, services and/or distribution
u. General office use
8, That prior to issuanco of a building permit, or prior to cummencoment ot the activity here(n epproved,
or within a period of one (t) year from the date of this resolutfon, whichaver occurs first, Condltion
Nos. 1 and 3, above-ment(onod, shall be complled wlth. Extensions for further tims to complete said
condition~ may be granted in accordance w!th Sactfori iS.03.09U of the Anaheim Municip~l Code•
g, That prior to tinal building and zoning (nspectfons, or prior to commencemont of the activity herein
approved, whfchever occurs f(rst, Condition No. 6, above-mentioned, shall be complied with.
10. That approval of this application constitutes approval of the proposod request only to the extent that
it complfes with the Anaheim Muniaipal Zoning Cocie 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 appl!cablQ ordinance, regulation c,r rAquiremont.
BE IT Fl1RTHER HESOLVED chat the Anahelm City Plar~~~fng Commissfon does hereby f(nd
and determine that aduption of this Resolution is exprassly preclicated upon applicant's compliance wilh
each and all of the conditions hereinab~ve set forth. Should any such condition, or any part thareof, oa
declared invalid or unenforcQable by tho final ~udgment of any court of competent jurisdictfon, then this
Resolution, and any approvals heroin cnntafned, shall be deomed null and void.
.4_ PC9A-119
il
THE FORE~301NG RESOUJTION was adoptod at tho Planninc~ Commiss{on mec~ting of
September 7, 19~34. /, ;~
/ : '/~. ~ ,C. li ..~ ~/ C~ ~_~ r ~
CHAIiiWQMAN ANAHElbA CITY FlANNING COMMISSION ~
`;
ATTEST:
CRETARY, A A M CITY PLANNI~ MISSION ~
~
STATE OF CAUFORNIA ) !
COUNTY OF ORANGE ) ss, '
CITY OF ANAHEIM ) ~
{, Janet L. Jensen, Secretary of tho Anaheim City Planning Commission, do hereby certify
that tho foregaing recolution was passed and adopted at a moeting of the Anat~eim City Planning
Commissiun held on Saptember 7, 1994, by the following vote of the members theroof:
AYES: COMMISSIONERS: ROYDSTUN, CALDWELL, HEPJNINGER, tv1AYEFl, PERAZA, TAIT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MESSE
Ih WITNESS W?~EREOF, I havo hereunto set my hand this 2_D_~ day of
~~J~,a,~;,Y,,,~j~y_ 1994. ~i
~,~~.~~..~ ~ ~.
' 111~aa1~ i
S RETARY, ANAH CITY PLANNING COMMISSION ~
~~'~~~~~~ ;
;
5 PC94-15 9