94-260 RESOLUTION NO. 94R-260
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3687.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a bicycle racing track with accessory uses, including a
retail area, concession stand, and picnic area upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
LOTS 1, 2 AND 7 OF ORIGINAL TOWN OF ANAHEIM, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 4,
PAGE(S) 629 AND 630, DEEDS, RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA.
EXCEPTING FROM LOT 1 THE EASTERLY 10 FEET THEREOF,
AS GRANTED TO THE CITY OF ANAHEIM FOR SIDEWALK
PURPOSES, BY DEED RECORDED JANUARY 15, 1904, IN
BOOK 103, PAGE 88, DEEDS, RECORDS OF SAID ORANGE
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, denied approval of Conditional Use Permit No. 3687; 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.
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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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3687 be, and the same is hereby, granted
permitting on the hereinabove described real property, subject to
the following conditions:
1. That this conditional use permit is hereby granted for a
period of one (1) year to expire on November 8, 1995.
2. That a uniformed security guard shall be present at subject
facility during those hours which it is closed.
3. That there shall be no alcohol consumption permitted at the
facility at any time.
4. That the facility shall be open no later than 9:00 p.m. and
the lighting of the race track area shall cease by 10:00 p.m.
(except for necessary security lighting).
5. That any flags, banners or pennants erected at subject
facility shall not be visible from any adjacent rights of way.
6. That all driveways shall be reconstructed to accommodate ten
(10) foot radius curb returns in conformance with Engineering
Department Standards.
7. That a plan sheet for solid waste storage and collection and a
plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
8. That the two (2) existing driveways on Sycamore Street shall
be removed and replaced with standard curb, gutter and
sidewalk and the damaged sidewalk along Sycamore Street shall
be reconstructed. A right of way construction permit shall be
obtained from the Public Works Department.
9. 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 6;
provided, however, that:
a. The proposed rest rooms shall be relocated away from the
west property line;
b. The track shall be graded in such a manner that no
portion of it shall be higher than the finished grade of
the adjacent rights-of-way; and
c. A block wall shall be constructed along the north
property line of the parking area and the existing wall
located on the west side of the Adele Street parking lot
shall be inspected to verify it will provide an effective
sound barrier.
10. That the following design measures shall be incorporated into
the Building Division for permits and, after construction,
shall be maintained for the duration of subject use:
a. A six (6) foot high noise barrier with a surface density
of three and one-half (3.5) pounds per square foot and
having no openings or cracks shall be constructed along
the west property line.
b. An amplified public address (p.a.) system shall not be
installed as originally proposed and, instead, an
electronic digital scoreboard shall be installed to
display information which would otherwise have been
provided over the p.a. system.
c. The speakers used at the starting gate (to signal racers
for the start of races) shall have a high degree of
directivity (Q=12 or greater) and shall be limited to a
maximum power output of one (1) watt. Placement of said
speakers shall be fifteen (15) feet west of the starting
~, line and oriented eastward, towards the starting line.
The speakers shall be placed as close to the ground as
possible and located in front of an earthen berm which is
at least two (2) feet higher than the top of the
speakers.
d. A minimum four (4) foot high earthen berm shall be placed
in the area between the sidewalk and the west property
line. Said berm shall have a 3:1 slope on the east side
and a 2:1 slope on the west side. The berm shall run the
entire length of the green belt from the concession stand
to Sycamore Street.
11. That prior to issuance of a building permit, or prior to
commencement of activity herein approved, or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition No. 7 and 10, 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.
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12. That prior to final building and zoning inspections or prior
to commencement of activity herein approved, whichever occurs
first, Condition Nos. 6, 8 and 9, above-mentioned, shall be
complied with.
13. That the petitioner shall pay the cost for any Code
Enforcement inspections needed to investigate possible Code
violations.
14. That the operator of the facility shall provide rental bikes
at a very affordable price, as stipulated to be the petitioner
during the Planning Commission public hearing.
15. 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.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of November, 1994.
/~-- CITY
MAYOR OF THE
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
9639.1~J~;HITE\November 23, 1994 -- 4 --
STATE OF CALIFORNIi )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL,'Clty Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-260 was introdbced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 8th day of November, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-260 on
the 9th day of November, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 9th day of November, 1994.
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. 94R-260 was duly passed and adopted by the City Council of the City of Anaheim on
November 8, 1994. ~
CITY CLERK Of THE CITY Of ANAHEIM