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1985-215RESOLUTION NO. 85R-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2672. 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 E.D.G.A. ENTERPRISES, owner and JOHN SCHROEDER, agent, to permit an entertainment facility for teenagers (persons between 16 and 20 years of age) upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF CERRITOS STREET AND THE CENTER LINE OF U. S. HIGHWAY 101 (LOS ANGELES STREET), AS SAID INTERSECTION IS SHOWN ON A MAP FILED IN BOOK 35; PAGE 34 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE NORTH 6° 55' 00" WEST 221.61 FEET; THENCE EAST 300.37 FEET, PARALLEL WITH THE CENTER LINE OF CERRITOS STREET; THENCE SOUTH 220.00 FEET TO THE CENTER LINE OF CERRITOS STREET; THENCE WEST 273.68 FEET ALONG SAID CENTER LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 60.00 FEET IN WIDTH, DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 10, 1914 IN BOOK 258, PAGE 66 OF DEEDS, WITH THE CENTER LINE OF SAID CERRITOS AVENUE; SAID INTERSECTION BEING ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 630.00 FEET; THENCE NORTHERLY ALONG SAID CURVE TO A LINE PARALLEL WITH AND NORTHERLY 20.00 FEET FROM THE CENTERLINE OF SAID CERRITOS AVENUE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 82° 54' 41" EAST; THENCE CONTINUING ALONG SAID CURVE, 50.81 FEET THROUGH A CENTRAL ANGLE OF 4° 37' 14" TO THE SOUTHERLY CORNER OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED APRIL 13, 1929 IN BOOK 257, PAGE 462 OF OFFICIAL RECORDS; THENCE NORTH 6° 55' 00" WEST ALONG THE EASTERLY LINE OF SAID LAND OF THE STATE OF CALIFORNIA, TO THE NORTHERLY LINE OF SAID LAND ABOVE DESCRIBED; 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. PC85-96 granting Conditional Use Permit No. 2672; 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. 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. 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: -2- 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, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2672 be, and the same is hereby, granted permitting an entertainment facility for teenagers (persons 16 to 20 years of age) on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.0264 18.06.080 AND 18.61.066.050 - Minimum number of park- - ing spaces. (197 spaces - required; 64 spaces proposed) subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Anaheim Boulevard and Cerritos Avenue in an amount as determined by the City Council. 2. That sidewalks shall be installed along Anaheim Boulevard and Cerritos Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That all driveways shall be reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 4. That fire sprinklers shall be installed as required by the City Fire Marshal. 5. That the on-site parking and circulation design shall be reviewed and approved by the City Traffic Engineer. 6. That a parking agreement, in a form satisfactory to the City Traffic Engineer and City Attorney shall be recorded with the ~`~ office of the Orange County Recorder guaranteeing usage of a minimum of 133 parking spaces in the parking area located northeast of subject property. A copy of the recorded agreement shall then be submitted to the Planning Department. -3- 7. That all on-site landscaping and irrigation facilities shall be refurbished and maintained in conformance with City standards. 8. That no alcoholic beverages shall be sold or consumed on t~ the entertainment facilities premises utilized by the teenaged patrons, (with the exception of the second floor banquet facility where alcohol consumption may be permitted for private parties subject to the regulations of the State Department of Alcoholic Beverages Control). 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 11. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 12. That the proposal shall comply with all signing requirements of the ML Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 13. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of ninety (90) days from the date of this resolution, whichever occurs first, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of any assessment district(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. Failure to comply with this condition within the specified time shall render this conditional use permit null and void. 14. That the petitioner shall submit plans to the Anaheim Chief of Police for review and approval of security and safety provisions. 15. That parking lot lighting shall be provided at a 1-foot candlelight minimum maintained at ground level in the parking area "`~ utilized by the patrons. 16. That, at the discretion of the Chief of Police, the owner/operator shall enter into an agreement with the City of Anaheim to guarantee reimbursement of any needed traffic and/or security control measures that are in excess of normal patrol operations taken by the Anaheim Police Department. Said agreement shall be subject to approval of the City Attorney's Office and the Police Department. -4- 17. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that the existing most westerly driveway on Cerritos Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 18. That prior to the commencement of the activity authorized under this resolution, or prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 5, 6, and 14, 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. 19. That prior to the commencement of the activity authorized under this resolution, or final building and zoning inspections whichever occurs first, Condition Nos. 2, 3, 4, 7, 9, 10, 11, 15, 16, and 17, above-mentioned, shall be complied with. 20. That prior to the commencement of the activity authorized under this resolution, a public dance hall permit shall be acquired from the City Council in accordance with Title 4 of the Anaheim Municipal Code. 21. That this conditional use permit shall expire two (2) years following the date said facility is first open for business; provided, however, that said permit shall be reviewed by the City Council approximately one (1) year following the date said facility is first open for business to determine whether such use is being operated in accordance with the provisions of Section 18.03.092 of the Anaheim Municipal Code and, if not, whether such permit should be set for public hearing for possible revocation. 22. That the City Council finds that said facility will not be detrimental to the peace, health, safety and general welfare based upon the representations of, and personal management of said facility by, John Schroeder, the agent for the applicant herein, and during the term of this permit and any extension thereof, unless otherwise approved by the City Council, said facility shall be personally managed by John Schroeder. 23. That there shall be a minimum of four (4) security guards in the parking lot at all times during operating hours and two (2) additional security guards patrolling the surrounding area. '"'~`~ 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. -5- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of May, 1985. ~~~ ~ , MAYOR OF THE CIT OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:im 3869M 070385 -6- 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. 85R-215 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of May, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-215 on the 28th day of May, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of May, 1985. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) T, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-215 duly passed and adopted by the Anaheim City Council on May 28, 1985. ~~ CITY CLERK