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91-230 RESOLUTION NO. 91R-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3389, AND RESCINDING RESOLUTION NO. 91R-111, NUNC PRO TUNC. 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 to permit a 750-seat theme-type dinner theater with on-premise sale and consumption of alcoholic beverages, and four conditionally- permitted signs including two electronic digital changeable copy message board wall signs upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THE NORTHERLY 154 FEET BEING A PORTION THEREOF WHICH LIES NORTHWESTERLY ON A LINE PARALLEL WITH AND DISTANT 154 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHWESTERLY BOUNDARY LINE OF THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DOCUMENT NO. 25258 FILED APRIL 9, 1952, IN THE OFFICE OF THE REGISTRAR OF TITLES OF SAID ORANGE COUNTY, DISTANT THEREON NORTH 40° 50' 15" WEST 643.85 FEET FROM ITS INTERSECTION WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AND RUNNING THENCE NORTH 40° 50' 15" WEST, ALONG SAID SOUTHWESTERLY LINE, 125.94 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 9970.00 FEET; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 02' 37" AN ARC DISTANCE OF 181.60 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTH 49° 09' 45" WEST 169.11 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 1° 18' 30" EAST, ALONG SAID WEST LINE, 398.73 FEET TO A LINE WHICH BEARS SOUTH 49° 09' 45" WEST FROM THE POINT OF BEGINNING; THENCE NORTH 49° 09' 45" EAST 424.55 FEET TO THE POINT OF BEGINNING. CUP 3389 PARCEL 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE L~ND CONVEYED TO THE STATE OF CALIFORNIA BY DOCUMENT NO. 25258, FILED APRIL 9, 1952 IN THE OFFICE OF THE REGISTRAR OF TITLES OF SAID ORANGE COUNTY, DISTANT THEREON NORTH 40° 50' 15" WEST 643.85 FEET FROM ITS INTERSECTION WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AND RUNNING THENCE NORTH 40° 15' 15" WEST ALONG SAID SOUTHWESTERLY LINE, 125.94 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID SOUTHWESTERLY LINE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 9970.00 FEET; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 1° 02' 37", AN ARC DISTANCE OF 181.00 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTH 49° 09' 45" WEST 169.11 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 1° 18' 30" EAST ALONG SAID WEST LINE, 398.73 FEET TO A LINE WHICH BEARS SOUTH 49° 09' 45" WEST FROM THE POINT OF BEGINNING; THENCE NORTH 49° 09' 45" EAST 424.55 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF WHICH LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND DISTANT 154 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHWESTERLY BOUNDARY LINE THEREOF. PARCEL 3: PARCEL 1 OF THAT CERTAIN PARCEL MAP, IN THE CITY OF ANAHEIM, RECORDED IN BOOK 56, PAGES 11 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY. PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS TO BE USED IN COMMON WITH OTHERS OVER THE NORTHWESTERLY 15 FEET OF PARCEL 2, OF THAT CERTAIN PARCEL MAP RECORDED IN BOOK 56, PAGE 11 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY; and CUP 3389 - 2 - 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. PC91-33 granting, in part, Conditional Use Permit No. 3389; 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 consideration 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 adjoining 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. WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off-street parking requirements, as follows: CUP 3389 - 3 - 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance 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 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 the action of the City Planning Commission said conditional use permit be, and the same is hereby, and that Conditional Use Permit No. 3389 be, and the same is hereby, granted permitting a 750-seat theme-type dinner theater with on-premise sale and consumption of alcoholic beverages, and four conditionally-permitted signs including two electronic digital changeable copy message board wall signs on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.0251 - Minimum number of Darkin~ spaces. 18.06.080 (290 required; 250 proposed) and 18.48.085.060 SECTIONS 18.48.095.040 Maximum number of wall signs. and 18.48.097.020 (! permitted; ~ proposed) SECTION 18.48.082.020 - Maximum structural height adjacent to single-family residential zoninG. (31.5. 33. and 35.5 feet permitted when located 63, 66 and 71 feet from RS-A-43,000 zoning; 38, 49 and 59 feet proposed) SECTIONS 18.48.083.030 Minimum landscaped screening abutting 18.48.083.040 residential property. 18.48.084.040 (20 foot wide buffer required and 18.48.086.011 abutting RS-A-43,000 zoning; 5 and 7 feet proposed) CUP 3389 - 4 - SECTIONS 28.48.090.080 Prohibited signs. 18.48.095.0312 (Prohibited: Banners and roof-mounted 18.48.095.0320 statues; 18.48.095.0323 Proposed: 5 cloth banners on roof- and 18.48.097.020 mounted masts ranging from 57 to 75 feet high overall and 3 roof-mounted statues ranging from 40.9 to 58.5 feet high overall) SECTION 18.48.084.010 - Permitted encroachments in front setback (Deleted) subject to the following conditions: 1. That street lighting facilities along Manchester Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the city of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to occupancy. 2. That prior to issuance of a building permit, the legal 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 an assessment district(s) which may hereafter be formed, for the purpose of financing the undergrounding of utilities in the Commercial Recreation Area which area could include such legal property owner's property. 3. That the legal owner of subject property shall be responsible for paying a fee for the relocation of power poles and the abandonment of public utility easements, if required by the Public Utilities Department. 4. That a Lot Line Adjustment Plat shall be submitted to the Subdivision Section and approved by the City Engineer and then recorded in the Office of the Orange County Recorder to combine the existing lots underlying subject proposal. 5. That prior to issuance of a building permit, the appropriate sewer fee in the amount of Three Hundred Fifty Dollars ($350.00 per acre shall be paid to the City of Anaheim, as presently established by City Council Resolution. CUP 3389 - 5 - 5A. That prior to issuance of a building permit, a cash payment shall be paid to the City of Anaheim in the amount of Fourteen Thousand Five Hundred Seventy Dollars and Forty Cents ($14,570.40) for their fair share contribution to the Katella Avenue Sewer Upgrade Project; subject to inflationary adjustments in accordance with the Engineering News Record- Construction Cost Index for the Los Angeles Area. 6. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the Fire Department. An all-weather road shall be provided to the hydrants at all times, as required by the Fire Department. 7. That the fire sprinklers shall be installed as required by the Fire Department. 8. That a local fire alarm system shall be installed as required by the Fire Department. 9. That trash storage areas shall be provided and maintained in locations acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. Such information shall be specifically shown on the plans submitted for building permits. 10. That prior to issuance of a building permit, a solid waste management plan with recycling capabilities shall be approved by the Street Maintenance and Sanitation Division. Upon occupancy of the project, said plan shall commence and shall remain in full effect as required by said Division. 11. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 12. That any lighting fixtures proposed in any parking area located adjacent to any residential property shall be down- lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area and shall be so-shown on the plans submitted for building permits. 13. That the proposal shall comply with all signing requirements of the CR "Commercial-Recreation" Zone, except as otherwise permitted herein, unless a variance allowing sign waivers is approved by the city Council, Planning Commission or Zoning Administrator. CUP 3389 - 6 - 14. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 15. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 26 (to establish an ice skating rink with a restaurant and skate shop) to the Zoning Divisions. 16. That prior to issuance of a building permit, a cash payment, not to exceed Sixty-Two Thousand Four Hundred Fifty-Eight Dollars ($62,458.00) and subject to inflationary adjustment in accordance with the Engineering News Record-Construction Cost Index for the Los Angeles Area, shall be paid to the City for the purpose of construction of the Haster Street/Katella Avenue intersection. Payment of said fee shall constitute full and complete payment of any traffic fees currently in force or which may hereafter be established and collected by the city. 17. That to control fugitive dust during demolition, clearing, grading and excavation, the petitioner shall institute a regular watering program of affected areas or such other dust control measures as may be required by the City Engineer in conformance with South Coast Air Quality Management District Rule 403 requirements. 18. That to control point source noise during demolition, clearing, grading excavation and other construction activities, construction shall be restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday through Sunday, in compliance with City requirements and subject to approval of the City Building Division. All construction equipment, stationary or mobile, shall be equipped with properly operating and maintained engines and mufflers. No stockpiling and/or vehicle staging areas shall be located near the residential area to the south. 19. That the developer shall be responsible for any direct costs associated with the monitoring and/or reporting required as set forth by section 21081.6 of the Public Resources Code to ensure implementation of those mitigation measures identified in the mitigated Negative Declaration that have been incorporated as conditions of approval for subject proposal. 20. 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 No. 90R-198. 21. That a fee for street tree purposes shall be paid to the city of Anaheim based on the length of street frontage along Manchester Avenue in an amount as established by city Council resolution. CUP 3389 22. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revision of Engineering Standard Plan Nos. 436, 602 605 and 607 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 23. That all driveways constructed on Manchester Avenue shall have fifteen (15) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards. 24. That there shall be a minimum interval of fifty-five (55) minutes between the end of one show and the beginning of the next show for all shows on those days when more than one show is scheduled. 25. That prior to issuance of a building permit, the legal owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney wherein such owner(s) agree to submit a parking study to the City Traffic and Transportation Manager, prepared one hundred eighty (180) days after the theater's opening and submitted for approval within two hundred forty (240) days after said opening. If it is determined that additional parking spaces are needed, such spaces shall be permanently provided off-site within the vicinity of the theater, in a number and location and within a time specified by the City Traffic and Transportation Manager. 26. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 27. That subject property shall be served by underground utilities. 28. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the street setback area in a manner fully screened from all public streets. 29. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 30. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, that such information shall be specifically shown on the plans submitted for building permits. CUP 3389 31. That an eight (8) foot high decorative masonry block wall shall be constructed and maintained along the property lines adjacent to residential zoning excepting the front setback where the wall height shall not exceed three (3) feet; provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or vehicular circulation intersects. Said block wall shall be planted and maintained with clinging vines to eliminate graffiti opportunities. 32. That no outdoor storage shall be permitted. 33. That all landscaping materials shall substantially comply with and be maintained in conformance with the plant palette within the C-R Area Design Guidelines as required by Code Section 18.48.085.050. Landscape plans submitted in conjunction with building permit plans shall indicate substantial conformance with this requirement. 34. That subject facility shall be maintained in conformance with the C-R Area Design Guidelines, unless deviation is specifically permitted by the Planning Commission or city Council. 35. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 12; provided, however, that: The landscaped buffer along the RS-A-43,000 zoned mobilehome park to the west shall be a minimum of ten (10) feet wide and densely landscaped, that said landscaping shall include minimum twenty-four inch (24") box trees, minimum fifteen (15) gallon trees and shrubs (said trees and shrubs to be approved by the Planning Department), that the trees shall be planted on maximum fifteen (15) foot centers, and that an eight (8) foot high decorative concrete block wall shall be constructed along the north and west property lines. 36. 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, 2, 3, 4, 5, 9, 10, 11, 12, 15, 16, 20, 21, 22, 25, 26, 30 and 33, 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. 37. That prior to final building and zoning inspections, Condition Nos. 1, 7, 8, 23, 27, 28, 29, 31 and 35, above-mentioned, shall be complied with. CUP 3389 - 9 - 38. 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, 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. 39. That prior to the installation of the three statues shown on the Design Development Plan, the applicant shall submit photographs of the proposed figures to the Planning Commission as a report and recommendation item and said figures shall be subject to the approval of the Planning Commission. 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. BE IT FURTHER RESOLVED that Resolution No. 91R-111 be, and the same is hereby, rescinded. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the city of Anaheim this 1~ day ofJ~ly . , 1991. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:kh RCUP3389.12 - 10 - 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. 91R-230 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of July, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 91R-230 on the 17th day of July, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of July, 1991. 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. 91R-230, duly passed and adopted by the City Council of the City of Anaheim on July 16, 1991. CITY CLERK OF THE CITY OF ANAHEIM