93-064 RESOLUTION NO. 93R-64
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3588.
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 cabaret (adult entertainment business consisting of
nude or semi-nude dancing) within an existing sports theater on
certain real property situated in the city of Anaheim, County of
Orange, State of California, described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
PARCEL MAP FILED IN BOOK 117, PAGES 19 AND 20
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; 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. PC93-30 denying Conditional
Use Permit No. 3588; 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 hold and conduct such public hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council, by motion duly made and
adopted denied approval of a Negative Declaration pursuant to the
provisions of the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.) and finds that said project
(the proposed cabaret) may have an adverse effect upon the
environment; and
WHEREAS, the City Council does 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, that all of the applicable conditions and criteria set
forth in Section 18.03.030 of the Anaheim Municipal Code are not
present for the following reasons:
1. the proposed use would adversely affect the adjoining land
uses and the growth and development of the area in which it is
proposed to be located for the following reasons:
(a) the proposed location is a 2,209 square foot portion of a
15,611 square foot existing commercial building located
on a 1.36 acre site which is part of a larger existing
integrated commercial center containing numerous
individual businesses located in close proximity to each
other; a reciprocal parking arrangement exists for all of
the businesses within the commercial center (including
the proposed business use) to use a shared parking lot
for off-street parking purposes to accommodate patrons
and employees; said off-street parking lot contains a
total of 549 parking spaces; and
(b) the 1.36 acre site of the proposed use has frontage of
approximately 324 feet on the east side of State
College Boulevard, has a maximum depth of approximately
~ 187 feet and is located approximately 200 feet south of
the centerline of Ball Road, and is described as 1210
South State College Boulevard; the portion of the
commercial building proposed for the subject use is
denominated Unit C of such building; and
(c) the subject 1.36 acre site is currently, and has since
1977 been, zoned as CL (Commercial, Limited) Zone; and
(d) the proposed use is surrounded by commercial uses upon
the subject 1.36 acre site and such site is contiguous
with other parcels to the north, east and south of the
subject site which parcels are all zoned CL
(Commercial, Limited) Zone and are developed as
follows: a automotive service station to the north,
restaurants, office and business school to the east,
office and business school to the south; the subject
~ site is bounded by State College Boulevard on the west;
westerly of the subject site and across State College
Boulevard is zoned ML (Industrial, Limited) Zone and is
developed with industrial tile stores; and
(e) the proposed use is an adult entertainment business as
defined in Section 18.89.020 of the Anaheim Municipal
Code consisting of nude or semi-nude dancers
performing upon a stage to musical accompaniment; and
(f) the proposed use would adversely affect and interfere
with the adjoining land uses consisting of commercial
businesses for each of the following separate reasons:
(i) noise from the proposed use would be audible
from one or more of the adjacent businesses and such
noise would interfere with the conduct of such
adjacent business(es);
1474,1\J%4}~ITE\Apr~[ 29, 199~ 2
(ii) the proposed use is conspicuously visible from the
adjacent business uses; and
(iii)the use would be operated in a manner making it
likely that customers of the proposed use would
wander upon the property of the adjacent uses,
including but not limited to patrons of the proposed
cabaret use (and possibly vagrants and prostitutes
who often frequent the areas surrounding this type
of business activity) loitering around the other
businesses and in and around the commonly shared
parking lot in a manner which causes the patrons and
employees of such other businesses to fear for their
safety and thereby adversely affect such surrounding
businesses and their patronage.
2. the size and shape of the site proposed for the use is not
adequate to allow the full development of the proposed use in
a manner not detrimental to the particular area for each of
~.,~ the following reasons:
(a) the proposed use is a 2,209 square foot portion of a
15,611 square foot building which composes a part of an
integrated commercial center which center (including
the proposed use) share an off-street parking lot
composed of 549 off-street parking spaces which spaces
comprise the sole off-street parking legally dedicated to
and available for all of the businesses located within
the integrated commercial center; and
(b) The Anaheim Municipal Code requires a minimum of 36
off-street parking spaces for the proposed use (30
customer spaces and 6 employee spaces); and
(c) The Anaheim Municipal Code requires a minimum of 1,517
off-street parking spaces for the combined uses
~, contained with the integrated commercial center
(including the proposed use) but only 549 off-street
parking spaces are currently existing and available for
such uses (including the proposed use) which total
number of current spaces constitutes only 36% of the
Code requirement; and
(d) a severe parking shortage currently exists within the
the area of the proposed use and inadequate off-street
parking currently exists for the proposed use (when
combined with the parking requirements for the other
uses in the integrated commercial center) to meet
minimum requirements under the Anaheim Municipal Code;
and
(e) the applicant for the proposed use has concurrently
herewith filed an application for a waiver of the
minimum number of off-street parking spaces required by
the Anaheim Municipal Code which waiver is hereby
1474.1\JWHITE\Apri[ 29, 199~ 3
concurrently denied for the reasons hereinabove and
hereinafter set forth in this Resolution.
3. The requested use at the proposed location would adversely
affect the use of certain schools in the vicinity of the
proposed use for each of the following reasons:
(a) Katella High School is located approximately 2700 feet
northeast of the proposed location for the requested
use; and
(b) the integrated commercial center which is the proposed
location of the proposed use contains numerous other uses
which are frequented by the students of such school and
other schools in the vicinity on their way to and from
school; and
(c) because the proposed use would be located in a manner in
close proximity to other uses which are frequented by
such students, it is likely that such students would
wander on and about the property of the proposed use.
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
Sections 18.06.050.0212-Minimum number of Darkinq
spaces.
18.06.050.022 (1,517 required; 549 existing)
18.06.050.0231
18.06.050.0259
18.06.050.0261
and 18.61.066.050
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the 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 not present, and that the aforesaid waiver(s) should be
denied, for the following reasons:
1. The parking variance would cause an increase in traffic
congestion in the immediate vicinity for the following
reasons:
(a) The Anaheim Municipal Code requires a minimum of 36
off-street parking spaces for the proposed use (30
customer spaces and 6 employee spaces); and
(b) The Anaheim Municipal Code requires a minimum of 1,517
off-street parking spaces for the combined uses
contained with the integrated commercial center
(including the proposed use) but only 549 off-street
parking spaces are currently existing and available for
such uses (including the proposed use) which total
1474.1\J~JHITE\Apri[ 29, 1993 4
number of current spaces constitutes only 36% of the
Code requirement; and
(d) a severe parking shortage currently exists within the
the area of the proposed use and inadequate off-street
parking currently exists for the proposed use (when
combined with the parking requirements for the other
uses in the integrated commercial center) to meet
minimum requirements under the Anaheim Municipal Code;
and
(e) the number of off-street parking spaces available for
use by all of the uses within the integrated commercial
center (including the proposed use) is inadequate for
the needs of such uses in that an inadequate number of
spaces is available in convenient proximity to the
businesses which such parking spaces serve; and
(f) the proposed use would add an additional demand for
off-street parking spaces within a parking lot already
containing an inadequate number of spaces to serve
existing business needs.
2. the parking variance would adversely affect adjoining
land uses in that it would interfere with the operation of
such other uses for the following reasons:
(a) those certain findings set forth in subparagraphs (a)
through (f) of paragraph 1 above are incorporated
herein by this reference as if set forth in full.
(b) the increased demand for off-street parking spaces caused
by the proposed cabaret in a parking lot already
containing only 37% of the number of parking spaces
required by the Anaheim Municipal Code for the uses it
serves, and is intended to serve, would adversely affect
the patronage of the surrounding businesses due to the
lack of adequate and conveniently located off-street
parking for such uses.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
City of Anaheim that, for each of the reasons hereinabove stated,
the action of the City Planning Commission denying said conditional
use permit be, and the same is hereby, affirmed and that the
request of the applicant to permit a cabaret (adult entertainment
business consisting of nude or semi-nude dancing) within an
existing sports theater with a waiver of certain provisions of the
Anaheim Municipal Code be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
the provisions of Section 1094.6 of the Code of Civil Procedure and
Anaheim City Council Resolution No. 79R-524.
1474.1\JWH~TE\Apr~[ 29, 199~ 5
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20th day of April, 1993.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
1474.1\JWSITE%Apr~[ 29, 199~ 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. 93R-64 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 20th day of April, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-64 on the
21st day of April, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 21st day of April, 1993.
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. 93R-64 was duly passed and adopted by the City Council of the City of Anaheim on
April 20, 1993.
CITY CLERK Of THE CITY OF ANAHEIM ~ --