Resolution-PC 94-139RE~QLUTION N0. P,~94-139
A RESG'LUTION OF THE ANAHEIM CITY PIANNING COMMISSION
AMENDING CERTAIN CONDITION5 OF APPROVAL OF
CONDITIONAL USE PERMIT N0. 3389
WHEfiEAS, on April 9, 1991 the City Councll approved t,onditional Use Pormit No. 3389 under
Resolution No. 91 R•130 pe~mitting c~ 750•seat theme•type dinnor thoater with on•premise sala and
consumption of alcoholic boverages; 4 signs includfny 2 ol~ctronic, digital changeablo copy message board
wall signs; and wafver of minimum number of pttrking spaces, maximum numbor of wall signs, maximum
structural height adJacent to sir.gle•family resldQntial zoninc~, minimum lanascape screening Abutting
rosidontfal property, and prohibited sic~ns on property located at 1859 South Manchester Avenue; and
WHEREAS, said Resolutfo~ No. 91R•230 includes ihe Foliowing condHlon of approval:
"36. That prior to Issuance of a builcling permit or withfn a poriod ots~n~p} vonr (rom the
date of th(s resolutfon, whichever occur, iirst, Condition Nos. t, 2, 3, A, 5, t0, 11, 15,
16, 20, 21, 7.2, 25, 26, 3Q and 33, abovo-ment(onerJ, shall bo complied with.
Extension^ for further tirno to r,ornplete said conditfons may be grantecl In
accordance witli Section 18.03.090 of the Anaheim Municipal Cod9.
WHEREAS. the petitloner has requesteci t.~ amend tha time Iimitatlon of sald condition of
approval trom one year to two years; and
WHEREA~, the City Planniiig Commissi~n did hold a public hearing at the CNic Center In
the City of Ana-ioim on September t9, 1994, at 1:3U p.m., notfce ot said public hearing having been duly
given as requfred by iaw and In t~ccordance with the provisions of the Anaheirn Mun!cipal Code, Chapter
18.03, to hear and considor ovfdence for and 5gainst said proposeci amondment and to Invasttgnte nnd
make tindin~s and rocommendations in r.onnection therewfth: and that said public hearing was continued
to the October 17, 1994 Planning Commisslon meet(ng; ~nd
WHEREAS, said Commfssfon, after due inspectian, invest~galfon and study made by It~elf
and fn its behalf, and aRer duo consfderation of ell evidgnce and r~:ports ofti~red at said hqaring, doos tind
and datermine ttie tollowinp facts:
t. That, as ccnditfoned herefn, sub~ect use perrnit wilt t~e exercisod fn a manner not dWtrimontal
to the partlcular area and surroundiny land uses, nor to the public p~aace, healtt. safety and yoneral
welfero.
2. That amandment t~ Condition No. 38 (allcn~v~ng en additlonal 7, year^ ta comply witli tho
concfltfons oi approvel) is sub(eCt to the lollowing additfona! conctitiona of apprrnal, as conteined on pegea
2 and 5 nt this rQSOlutlon and summarizaJ below, b~fng satfsHed by thg peti!lonor:
t. The petitluner will efther:
(A) WiShln ~UU day9, cfomdiah the existi7~ buildfngs and accessury Improvements nn Ihe property,
thoreby eliminatlny uxisting vidatfons consisting af trash ancl graltitf on tho proparty, and
13ndsCapinfl that is not molntalneci; and will ~h~n gcroen the resulting vacant land from vfew
Irom ~L1t~ncheator AvRnuo with a minir7um 3•loot high, 10-(oot wide landscapecl ~arthen berm,
or witli a minfmum ~•fc~ot hlgh plant h~dpe lorated tn n minlmum 3•toot wide landscnpaf
Hroa; and ~,akf tancfscapfnfl on the borm or the plnnt halga will then bu malntalned in a
he~lthy corxiHlon; or
CR2219M5.vvp . t . PC~J~1• 139
(b) If the building fc nut domolished, the on•site landscaping and irrigation syst~m shall be
re(urbislied and maintalnod; any existing trees shall be replaced {n a timely manner if they
~re remuved, damaged, disoased and/or dead; the oxisting chain Ilnk fence shall be
re(urbishod; tho exlsting building shall be re•p~inted with the boardod up windows paintoci
to match; and the ownor of the property shall be rosponslble for the removal of t~ny gratfiti
within 2Q hours,
7_. If the Anaheim Rosort Spociflc Plan Is in effect prior to final occupancy of ihQ proposed bufiding,
layered landscaping will be provided alung Mancliester Avenue, as required by s~id Speci(ic Plan.
3. Prior to Issuance of a buitding permit for the propased building, the parking and driveway aroAS shail
bs redesigned to show that landscaping will cornply with Cocie Sectlon 18.04.060.050.
3. That no ona indlcated thelr presence at said public liearing in oppositian; and that no
correspondence was receivad (n opposition to tlie sub~ect patition.
~ALIFORNIA ENVIR~NMENTAL~~LITY ACT FINDIN : That the Anahelm City
Planning Commission has reviewed the prop~:sal to amend Coriditfon No. 36 of Resolution No, 91R-230
to amend the tirne Iimitetion to comply with conditions of flpproval ~and does hereby find that ihe Negative
Declaration praviously approved in connectlon with Conditlonal Use Permit No. 3389 Is adequ~te to soive
as tho royufred environmont~l docum~ntatlun fn connactlon with this roquest upon finding ihat the
declaration rollects the independent ~udAement of the lead agency and that it has consfdered the Negatlve
OQClaration togother with any cornments receiveci duriny the public reviow process And further tindEng on
the basis of the InfUal study and any comments receive~J that thora is no substantial evidenco that the
project will fiave a si{~nificant Offect on tyu dnvironment.
NOW, THEREFORE, BE 17 RESOW~D that the Aneheim City Planning Commission does
hereby amond Condition No. 36 of F~esolution No. 91R•230 to read as (ollows:
"36. That prior to issuance of a buildiny permit or wfthin a perlocl of two (2) years by July
16, 1993, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 10, 11, 15, 16, 20, 21, 22,
25, 26, 30 and 33, abovo•rnentioned, shall be complier! with. Extunsions inr furthor timo
to complete said conditions may be ~ranted in accordance with Section 1~.03.090 of
tho Anaheim Municipal Code.
and, turther, that the Planning Commfsslon edds the fnllowin~; threa (3) now canditions:
40. (a) That withfn a poriod of sixty (60) d~ys from the date o} this resolution, the petftlo~ar shal{
damolist~ the bufldings and ucr,QSSOry improvemonts on prcperty to eliminate the 1Aunicipal
Code vfof~tions on the property (fo., existinc~ trush and graffiti, and landscapirg that !s not
maintaincxi); and
(b) That tho resultin4 vacant land shall bo screenud Irom viow irom the public right-ot•way with
a minimurn three (3) loot high ond mfnimum ten (10) foot wide landscapaf earthen berm, or
a minimum three (31 (oot high hedfle screen IocatE~d (n a minimum three (3) (oot wide
landscaped ~vea. 4andscaping on sald berm or the hedgt- shalt be rnaintain~l In a heaithy
conditfon; or
(c) That, in th~ ~nreni that said buildinps aro not demo~ished within a period of sixty (60) days
(rom tho date of th:s cesolution, the propeRy will Ue inspectal monthly by Code Enforcemont
stat! at the petitioner's expense to ensuro that the pr~porty is bo(ng property maintained. 7hP
foliowfng conditfons shall apMy:
,2. PC94-139
(1) Tha on-site landscaping and irrigatlon system shatl be refurblshed and mafntalned In
compliance with City standards.
(2) Any existing on-site trees shall be roplaced in a timely manner in tho event that lliey are
removed, damaged, diseasod and/or dead.
(3) The existing chaln link fence shall be refurbislied.
(4) Tho existing bullding shall ba re-painted and the buarded up windows shall be painted
to match.
(5) The owner of the subJect property shail be responsible for removat of any graNiti within
twenty tour (24) hours.
41. Thbt prior to final occupancy of the proposad building and (f Speoific Plan No. 92-2 "The Anahofm
Resort" has been adopted, "layered" Iandscap-ng shall be pravidc~ along Ma.nchester Avenue In
accordance with the landscaping standards of 3aid ~pecific Plan.
42. That prior to issuance of a buildiny permit (or the pro~oaed buildinc~, tho parking And driveway tarea~
shall be redesigned to show that each grouping of ten (10) or fewor parking spaces will be separatod
by a minimum forty eiqht (48) sq. ft. 'andscaped pl~nter, each planier having a minimum (ive (5) Soot
dimensfon and cnntaining at least one (t) tree, in accordance with Code Soction 18.04.OG0.050.
THE FUREGOING AESOLUTION was adopted at the Planning Commissfon moeting of
October 17, 1994. ~ ~ ~ /~ /~ ~~y ~
, i~L.- ~WI ~I/l (~ / (~V4/~.a^4/
~HAI WOMAN, ANAHEiti1 C~N PLANNING COMMISSION
ATTEST~~ ~ ~ _
~,/~. ~~~c:i..Q-- ~C . 1'-~-~-~,
SECREl',J~RY, APJAt-IEIM CITY PLANNING COMMISSION
STATE OF CAI.IFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEiM )
I, Edith L. Harris, Socretery of tho Anahefm City Planninfl Commis~lon, do hereby cortity that
the foregoin4 resotutfon was passed and adopted at a meotinq ~f the Anaheim City Planning Commfssion
held on Oct~ber 17, 1994, by the followfnfl vote of the members thereuf:
AYES: COMMISSIONFRS: B~JYOSTUN, CAIDWELL, HENNINGER, MAYER, MESSE, PERAZA, TAIT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NOfJE
IN WlTNESS WH[REOF, ! h¢ve herounto set my hand this %.~. day of ~~~w
1994. /c) ; ._ ~ ~~-L,/ ~L*-s
~~~I~L:Y~f, ~ ~~v
SECRETARY, AMAHEIM CITY PLANNINO COMMISSIdiV
,3. PC94-139