2000-143RESOLUTION NO. 2000R-143
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2000-
04222.
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 live performance theater including banquet facilities with
outdoor dining area and the sales of alcoholic beverages for on-
premises consumption, and the construction of a freestanding
electronic readerboard (changeable message) sign upon certain real
property located within the City of Anaheim, County of Orange, State
of California, legally described as:
Parcel A:
PARCELS 2 AND 3 OF PARCEL MAP NO. 90-125, AS
PER MAP FILED IN BOOK 284, PAGES 11 TO 14
INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
PARCEL 1 OF PARCEL MAP NO. 79-229, AS SHOWN
ON A MAP FILED IN BOOK 166, PAGES 23 AND D24
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. PC2000-12 granting Conditional
Use Permit No. 2000-04222; 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:
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
classifications 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. That the variance, under the conditions imposed, if any,
will not cause fewer off-street parking spaces to be provided for
such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use; and
2. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces upon
the public streets in the irmmediate vicinity of the proposed use;
-2-
and
3. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces upon
adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such
use under an agreement in compliance with Section 18.06.010.020 of
the Anaheim Municipal Code); and
4. That the variance, under the conditions imposed, if any,
will not increase traffic congestion within the off-street parking
areas or lots provided for such use; and
5. That the variance, under the conditions imposed, if any,
will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the
proposed use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that Conditional Use Permit No. 2000-04222 be, and
the same is hereby, granted permitting a live performance theater
including banquet facilities with outdoor dining area and the sales
of alcoholic beverages for on-premises consumption, and the
construction of a freestanding electronic readerboard (changeable
message) sign on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
(a) SECTION 18.06.050.02591
(b)
Minimum number of parkinq spaces.
(2,100 required; 14 proposed on-site,
2,388 provided in the Downtown Core
Area* as recommended and approved by
the City's Traffic and Transportation
Manager).
SECTIONS 18.05.094.020 -
18.05.094.030, 18.05.094.050
18.05.094.060
18.05.094.060
Maximum heiqht, width, area and
location of freestandinq readerboard
(25 foot high, 20 foot wide, 250
square foot sign permitted; 75 foot
high, 50 foot wide, 1,859 square foot
sign proposed).
The ~Downtown Core Area" consists of those parking
structures and open parking lots controlled by the Anaheim
Redevelopment Agency in the Downtown area roughly bounded by Harbor
Boulevard to the west, Lincoln Avenue to the north, Anaheim
Boulevard to the east, and Broadway to the south.
Said Conditional Use Permit shall be subject to the
following conditions:
That final landscape, hardscape, outdoor dining area plans,
and elevation plans including the specific size, location,
-3-
colors and materials shall be submitted for review and
approval by the Planning Commission as a "Reports and
Recommendations" item prior to issuance of a building permit.
That all mechanical equipment shall be contained wholly within
the building or otherwise screened from public view from the
public and private rights-of-way. Such information shall be
shown on plans submitted for building permits.
That subject business shall continuously adhere to the
following conditions, as required by the Police Department:
a o
That the sales of alcoholic beverages for consumption
off the premises shall be prohibited.
bo
That all doors serving subject establishment shall
comply with the requirements of the Uniform Fire Code
and shall be kept closed and unlocked at all times
during hours of operation except for ingress/egress,
deliveries and in cases of emergency.
Co
That licensed uniformed security guard(s), approved by
the Anaheim Police Department, shall be provided on the
premises specifically to provide security, discourage
vandalism, trespass and/or loitering upon or adjacent
to the subject property. Said security guard(s) shall
remain on-duty as determined to be appropriate by the
Anaheim Police Department.
do
That the parking lot serving the premises shall be
equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance
and conduct of all persons on or about the parking lot.
Said lighting shall be directed, positioned and
shielded in such a manner so as not to unreasonably
illuminate the windows of nearby residences.
eo
That there shall be no pool tables, amusement devices
or games maintained within subject establishment
without issuance of proper permits as required by the
Anaheim Municipal Code.
That sales of alcoholic beverages shall be permitted only
between the hours of 11:00 a.m. and midnight.
go
That the business operator shall comply with Section
24200.5 of the Business and Professions Code so as not
to employ or permit any persons to solicit or encourage
others, directly or indirectly, to buy them drinks in
the licensed premises under any commission, percentage,
salary, or other profit-sharing plan, scheme or
conspiracy.
-4-
o
o
10.
11.
ho
That there shall be no public telephones on the
property that are located outside the building and
under the control of the applicant.
That no person under twenty one (21) years of age shall
sell or be permitted to sell any alcoholic beverages.
That the projection screen portion of the freestanding sign
shall not advertise products, commercials, or off-site
businesses, with the exception of community service events.
However, this condition is not intended to prohibit the use of
corporate logos or event sponsorships in conjunction with the
advertising of events.
That prior to issuance of a building permit, the developer
shall submit an application to have the City abandon the
public sewer facility on-site. A replacement sewer shall be
constructed and a new easement shall be dedicated in a time a
manor as required by the city.
That there shall be no patron parking on Chestnut Street
(across Harbor Boulevard). The petitioner shall provide an
off-site parking attendant to enforce the "No Parking" policy
on Chestnut Street, if determined necessary by the City's
Traffic and Transportation Engineer.
That the property owner shall provide the City of Anaheim with
a public utilities easement to be determined as electrical
design is completed.
That any necessary relocation of existing electrical
facilities or streetlights shall be at the expense of the
developer.
That the property shall be permanently maintained in an
orderly fashion by providing regular landscape maintenance,
removal of trash or debris, and removal of graffiti within
twenty-four (24) hours from time of occurrence.
That if required by the Urban Forestry Division of the
Community Services Department, street trees shall be
installed, by the property owner, within the public right-of-
way adjacent to Harbor Boulevard and Lincoln Avenue. The
size, type and number of trees shall be provided to the
satisfaction of the Urban Forestry Division of the Community
Services Department.
That the petitioner shall be responsible for compliance with
all applicable mitigation measures included in the attached
Mitigation Monitoring Plan for the Koll Anaheim Center, as
established by the City of Anaheim and as required by Section
21081.6 of the Public Resources Code within the assigned time
-5-
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
frames and any direct cost associated with their
implementation.
That all outdoor events shall comply with the requirements of
Chapter 6.70 "Sound Pressure Levels".
That 3-foot high address numbers shall be displayed on the
roof in a contrasting color to the roof material. The numbers
shall not be visible from the view of the street or adjacent
properties. Said information shall be specifically shown on
plans submitted for building permits.
That a fee for sewer capacity mitigation, for the Old Town
Basin area, shall be paid in amount as required by the City.
That signage for subject facility shall be limited to that
shown on the exhibits submitted by the petitioner and approved
by the Planning Com/nission. Any additional signage shall be
subject to approval by the Planning Commission as a Reports
and Recommendations item
That prior to issuance of a building permit, a lot line
adjustment plat shall be submitted to the Subdivision Section
(Development Services Division) and approved by the City
Engineer and then recorded in the Office of the Orange County
Recorder to combine the three existing lots.
That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the current version of Engineering Standard
Plan Nos. 436, 601 and 602 pertaining to parking standards and
driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
That the project shall provide a bus bay on-site acceptable to
the City Traffic and Transportation Manager for hotel shuttle
buses to transport guests to and from tourist attractions and
local airports. Said information shall be specifically shown
on plans submitted for building permits.
That the project shall provide passenger loading and unloading
on-site acceptable to the City Traffic and Transportation
Manager. Said information shall be specifically shown on
plans submitted for building permits.
That the property owner or petitioner shall be responsible for
paying the full cost associated with the use of any Police
Department and/or Traffic Management Center staff who may be
needed for traffic control purposes.
That trash storage areas shall be provided and maintained in a
location acceptable to the Public Works Department, Streets
-6-
22.
23.
24.
25.
and Sanitation Division and in accordance with approved plans
on file with said Department. Said storage areas shall be
designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of
the storage areas shall be protected from graffiti
opportunities by the use of plant materials such as minimum 1-
gallon size clinging vines planted on maximum 3-foot centers
or tall shrubbery. Said information shall be specifically
shown on the plans submitted for building permits.
That a plan sheet for solid waste storage and collection and a
plan for recycling shall be submitted to the Public Works
Department, Streets and Sanitation Division for review and
approval.
That an on-site trash truck turn-around area shall be provided
per Engineering Standard Detail No. 610 and maintained to the
satisfaction of the Public Works Department, Streets and
Sanitation Division. Said turn-around area shall be
specifically shown on plans submitted for building permits.
That all air conditioning facilities and other roof and ground
mounted equipment shall be properly screened from view and
sound buffered from nearby residential properties. Said
information shall be specifically shown on plans submitted for
building permits.
That any tree planted on-site shall be replaced in a timely
manner in the event that it is removed, damaged, diseased
and/or dead.
26. That this facility shall be held to the operational
characteristics as set forth in the letter of proposed
operation, with events ending no later than 1:00 a.m., and
activities limited to indoor uses only after 11:00 p.m., seven
nights a week.
27. 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 No. 1, pages 1 through
29 and as conditioned herein.
28.
29.
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, 5, 7, 13, 14, 16,
17, 18, 19, 21, 22, 23, and 24, 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.
That prior to final building and zoning inspections, Condition
Nos. 8, 10 and 27, above-mentioned, shall be complied with.
-7-
30.
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.
31.
That no permitted event or activity taking place at this venue
shall create sound levels which violate any ordinance of the
City of Anaheim. {Section 4.16.100.010 Anaheim Municipal
Code).
32.
That the number of persons attending any event shall not
exceed the maximum occupancy load as determined by the Anaheim
Fire Department. Signs indicating the occupant load shall be
posted in a conspicuous place on an approved sign near the
main exit from the applicable room (Section 25.114(a) Uniform
Fire Code)
33.
That this business shall not be operated in such a way as to
trigger the requirement for a Sex Oriented Business Permit
under Chapter 18.89 of the Anaheim Municipal Code.
34.
That this business shall not be operated in such a way as to
be detrimental to the public health, safety or welfare.
{Section 4.18.110 Anaheim Municipal Code)
35.
That no minor under the age of sixteen (16) years shall be
allowed to attend any dance requiring a permit under Chapter
4.16 of the Anaheim Municipal Code, unless accompanied by a
parent or guardian.
36.
That at all times dances are being permitted, adequate
security measures shall be provided to deter unlawful conduct
on the part of employees or patrons, and to promote the safe
and orderly assembly and movement of persons and vehicles, and
to prevent disturbance of the neighborhood by excessive noise
created by patrons entering or leaving the premise. (Section
4.16.070 Anaheim Municipal Code)
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.
-8-
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this llth day of July, 2000.
OR--OF THE ~ITY O~ANAHEIM
ATTEST:
CITY C~ERK OF THE CITY OF ANAHEIM
36376.1
-9-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-143 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 11th day of July, 2000, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 2000R-143 on the 11th day of July, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 11th day of July, 2000.
CII'Y CLEF~( OF T'~E CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-143 was duly passed and adopted by the City Council of
the City of Anaheim on July 11th, 2000.
CITY'"~'L~'RK O~ THE city OF ANAHEIM