PC 2006/02/22 (2)Anaheim Planning
Commission Agenda
Wednesday, February 22, 2006
Council Chamber, City Hall
200 South Anaheim Boulevard. Anaheim. California
Chairman: Gail Eastman
Chairman Pro - Tempore: Cecilia Flores
Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez,
Panky Romero, Pat Velasquez
. Call To Order
Preliminary Plan Review 1:00 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the February 22, 2006 agenda
Recess To Afternoon Public Hearing Session
• Reconvene To Public Hearing 2:30 P.M.
For record keeping purposes, if you wish to make a statement regarding any
item on the agenda, please complete a speaker card in advance and submit it to
the secretary.
Pledge Of Allegiance
Public Comments
Consent Calendar
Public Hearing Items
. Adjournment
You may leave a message for the Planning Commission using the following
e -mail address: plan ningcommission(Wanaheim.net
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Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing
items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate
discussion of these items prior to the time of the voting on the motion unless members of the Planning
Commission, staff or the public request the item to be discussed and /or removed from the Consent
Calendar for separate action.
Reports and Recommendations
1A.(a) CEQA EXEMPTION — PUBLIC RESOURCES CODE SECTION
21080.17- CEQA GUIDELINES SECTIONS 152820) AND 15305
(b) ZONING CODE AMENDMENT NO. 2003 -00021
(TRACKING NO. ZCA2006- 00045)
Agent: City of Anaheim, 200 South Anaheim Boulevard, Suite 162,
Anaheim, CA 92805
Project Planner.
Location: CI Ide ( ethienOanaheim.neU
City- initiated review and approval of revised second unit Deficiencies O. S. 108
Area Map.
Zoning Code Amendment Resolution No.
1B.(a) CEQA ENVIROMENTAL IMPACT REPORT NO. 313 (PREVIOUSLY-
CERTIFIED)
(b) FINAL SITE PLAN NO. 2005 -00011
Agent: Kerr Project Services, 4655 Cass Street, Suite 200, San
Diego, CA 92109
Location: 2041 South Harbor Boulevard Property is
approximately 3.3 acres, having a frontage of 233
feet on the west side of Harbor Boulevard and is
located 468 feet north of the centerline of Project Planner:
Orangewood Avenue. ( skimOananelm.nen
Request to construct a full service, 8,517 square foot restaurant with O. S. 77
alcohol sales.
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IC. Receiving and approving the Minutes from the Planning Commission
Meeting of December 12, 2005. (Motion)
Continued from the January 9, January 23, and February 6, 2006,
Planning Commission meetings.
7D. Receiving and approving the Minutes from the Planning Commission
Meeting of January 9, 2006. (Motion)
Continued from the January 23, and February 6, 2006, Planning
Commission meetings.
7E. Receiving and approving the Minutes from the Planning Commission
Meeting of January 23, 2006. (Motion)
Continued from the February 6, 2006, Planning Commission meeting.
7F. Receiving and approving the Minutes from the Planning Commission
Meeting of February 6, 2006. (Motion)
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2a. CEQA NEGATIVE DECLARATION
Request a
2b. VARIANCE NO. 2005 -04675
Continuance to
3c. TENTATIVE PARCEL MAP NO. 2006.157
March 6, 2006
Owner: Therese Hotvedt, The Shops at Stadium Towers, 1100
Newport Center Drive, Suite 150, Newport Beach, CA
92660
Agent: Peter Louis/John Hill, 3195 -B Airport Loop Drive, Costa
Mesa, CA 92626
Location: 2410 - 2420 East Katella Avenue: Property is
approximately 2.4 acres, having a frontage of 600 feet on
the south side of Katella Avenue and is located 37 feet east
of the centerline of Howell Avenue (Stadium Towers Plaza).
Request waivers of (a) minimum number of parking spaces, (b) permitted
number of tenants on a monument sign, (c) maximum number of
monument signs, (d) maximum height of monument sign, (e) permitted
number of wall signs, (f) permitted location of wall signs, and (g)
Project Planner:
maximum height of letters /logos on wall signs to waive minimum number
( avazauez0ananeim.net)
of parking spaces and permitted signs for a previously- approved
Variance Resolution No.
commercial center.
Continued from the January 23, and February 6, 2006, Planning
Commission meeting
Project Planner.
( avazauez0anaheim. net)
Variance Resolution No.
3a. CEQA MITIGATED NEGATIVE DECLARATION
Request a
3b. VARIANCE NO. 2005 -04655
Continuance to
3c. TENTATIVE PARCEL MAP NO. 2006.157
March 20, 2006
Owner: Gary Calkins Trust, 6263 East Trail Drive, Anaheim, CA
92807
Agent: Steve Ellis, 4742 Yorba Lane, Yorba Linda, CA 92886
Location: 6263 East Trail Drive: Property is approximately 32 acres
having a frontage of 47 feet at the terminus of Trail Drive
and is located 145 feet west of the centerline of Whitestone
Drive.
Variance No. 2005 -04655 — Request waivers of (a) maximum structural
height, (b) maximum retaining wall height and (c) lot frontage on a public
or private street to construct a single - family residence.
Tentative Parcel Map No. 2005 -157 —To establish a 2 -lot, 2 -unit
detached single - family residential subdivision.
Continued from the January 9, 23, and February 6, 2006, Planning
Project Planner:
Commission meetings.
( avazauez0ananeim.net)
Variance Resolution No.
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4a. CEQA NEGATIVE DECLARATION
4b. WAIVER OF CODE REQUIREMENT
4c. CONDITIONAL USE PERMIT NO. 2005 -05049
Owner: Investment Fremont, 175 North Riverview Drive, Anaheim,
CA 92808
Agent: Jay Malloy, 8200 East Crystal Drive, Anaheim, CA 92807
Location: 5635 East La Palma Avenue: Property is approximately
acres, having a frontage of 275 feet on the north side of
La Palma Avenue and is located 296 feet west of the
centerline of Imperial Highway (Cinema City Theatres).
Request to permit storage of vehicles within an existing parking structure
for an off -site automotive dealership with waiver of minimum number of
parking spaces.
Continued from the January 23, 2006, Planning Commission meeting. Project Planner:
( dh erricka, ana helm. net)
Conditional Use Permit Resolution No.
5a. CEQA CATEGORICAL EXEMPTION - CLASS 1 AND 15
5b. CONDITIONAL USE PERMIT NO. 2006 -05067
5c. TENTATIVE PARCEL MAP NO. 2006- 1201READVERTISEDI
Owner: Anaheim Hotel Partnership, LCP, 777 Convention Way,
Suite 100, Anaheim, CA 92802
Agent: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa
Mesa, CA 92626
Location: 777 Convention Way: Property is approximately 8.5-
acres and is located at the northwest corner of Hotel Way
and Convention Way (Anaheim Hilton and Towers).
Conditional Use Permit No. 2006 -05067 - Request to permit a non-
residential condominium hotel for financing purposes.
Project Planner.
Tentative Parcel Map No. 2006 -120 -To establish a 1-lot non - residential ( skirnaanaheim.netl
commercial condominium hotel project subdivision for financing purposes.
Q.S. 77
Conditional Use Permit Resolution No.
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Adjourn To Monday, March 6, 2006 at 1:00 P.M. for Preliminary
Plan Review.
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:00 g.m. February 15, 2006
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
~-, " nn n~„,~ ~
SIGNED:
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
`The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
-.a ;before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing...
a - - ~~_
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m.
on the Friday before the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Telephone System at 714-765-5139.
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Page 6
SCHEDULE
2006
March 6
March 20
April 3
April 17
Ma y 1
May 15
May 31 (Wed)
June 12
June 26
July 10
July 24
August 7
August 21
September 6 (Wed)
September 18
October 2
October 16
October 30
November 13
November 27
December 11
I I December 27 (Wed) I
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Staff Report to the
Planning Commission
February 22, 2006
Item No. 1 -A
1 -A REPORTS AND RECOMMENDATIONS
n
Q
REQUEST
(Motion)
(Resolution)
(1) Planning Department staff requests review and approval of the revised second unit sewer
and parking deficiencies map-
BACKGROUND
(2) On September 29, 2002, the State of California Legislature approved AB1866 which,
among other things, amended Government Code Section 658522 requiring cities to permit
second units in single - family and multiple - family zones. The State Law identified criteria
under which a second unit is to be permitted, requires a ministerial approval process, and
limits the requirements cities may impose on the construction of these second units.
Government Code Section 658522 authorizes cities to use criteria such as adequacy of
water and sewer services and the impact of second units on traffic flow to determine areas
where second units may be permitted.
(3) On May 13, 2003, the City Council adopted Ordinance No. 5857 which created provisions
in the zoning code for the construction of second units. The adopted second unit ordinance
provides that second dwelling units shall not be permitted in any area of the City identified
by resolution of the Planning Commission and /or the City Council as being significantly
impacted by insufficient capacity for traffic circulation, parking, public utilities, or similar
infrastructure needs. The Planning Commission has the authority to review and approve a
sewer and parking deficiencies map which identifies areas in which the construction of
second units would not be allowed due to insufficient infrastructure capacities.
(4) The deficiencies map was originally approved on April 21, 2003, and has since been
revised twice due to changes in sewer capacity throughout the City. Revisions have been
approved on June 16, 2003, and December 13, 2004. The map will continue to be updated
from time to time based on changing infrastructure needs and must be reviewed and
approved by the Planning Commission with each revision-
DISCUSSION
(5) Because second units are housing units not anticipated in the build -out scenario for the
City, unanticipated second units in a neighborhood that is deficient in sewer capacity would
overburden the existing sewers. In addition, areas in which some sewer capacity is
remaining, but the capacity is not adequate to provide for build -out of the current zoning,
should not be further burdened by second units. In these areas, even with sewer
improvements, excess capacity may not be available for second units since proposed plans
for sewer capacity upgrades have not taken into account these unanticipated housing units.
Permitting second units in these areas would constitute a health and safety hazard.
Moreover, sewer spills in the City's storm drain system would subject the City to severe
penalties under its National Pollutant Discharge Elimination System (NPDES) Permit.
Page 1
CEQA EXEMPTION — PUBLIC RESOURCES CODE SECTION
Staff Report to the
Planning Commission
February 22, 2006
Item No. 1 -A
(6) Public Works and Planning Department staff has identified areas in the City where sewer
lines and parking may be adversely impacted by the construction of unanticipated second
units. The Second Unit Sewer and Parking Deficiencies Map must be reviewed and
updated from time to time to ensure that the map continues to reflect areas where second
units should not be allowed and to remove areas which would no longer be negatively
impacted by the creation of new second units because improvements to the infrastructure
or other changed circumstances have eliminated the previously identified deficiency.
(7) Since the last revision to the deficiencies map, the Public Works Department has
completed the following studies to analyze the existing sewer capacities:
• The Combined West Anaheim Area Master Plan of Sanitary Sewers study was
completed March 2005 and approved by the City Council on September 13, 2005.
• The Combined East Anaheim Area Master Plan of Sanitary Sewers was completed
December 2005 and approved by City Council on January 10, 2006.
These studies determined that a number of sewer lines within the study areas are currently
operating close to their maximum capacity and identified locations in which additional
development should be limited.
(8) The revised map (Revision No. 3) identifies areas in the City already burdened with sewer
capacity and parking deficiencies and are not suitable for the construction of second units
without negatively impacting existing neighborhoods. This map is not intended to depict all
sewer deficient areas throughout the City, only those properties which would otherwise
have the ability to construct a second unit (i.e. parcels zoned for residential use). As a
clean up effort, non - residential areas have been removed from the map, however there
have not been infrastructure improvements to allow removal of any residential properties
from the map.
ENVIRONMENTAL IMPACT ANALYSIS:
(9) This project is statutorily exempt under Public Resources Code Section 21080.17 and
CEQA Guidelines Section 15282 (i), which as an action to implement the provisions of
Government Code Sections 65852.1 and 658522, and further exempt from CEQA
pursuant to CEQA Guidelines Section 15305 as a minor land use alteration to land use
limitations which does not change land use or density in areas with an average slope of
less than 20 percent-
RECOMMENDATION
(10) Staff recommends that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
meeting, that the Commission, take the following actions:
a) By motion, determine that the project is exempt under Section 21080.17 of the
Public Resources Code and Section 15282(i) and 15305 of the CEQA Guidelines.
b) By resolution, approve Revision No. 3 to the "Second Unit Sewer and Parking
Deficiencies" map based on the findings contained in the attached draft resolution.
Page 2
[DRAFT]
RESOLUTION NO. PC2006 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING AREAS OF SEWER AND PARKING DEFICIENCIES
RELATING TO SECOND UNITS AND MAKING CERTAIN FINDINGS
RELATING THERETO.
WHEREAS, on September 29, 2002, the State of California Legislature approved Assembly
Bill No. 1866 which, among other things, amended Government Code Section 658522 requiring cities to
permit second units in single - family and multiple - family residential zones; that the State law identifies criteria
under which a second unit is to be permitted, requires a ministerial approval process and limits the
requirements cities may impose on the construction of such second units; and
WHEREAS, as of July 1, 2003 the law requires cities to allow second units in residential zones
without discretionary action, although cities may adopt ordinances creating specifications and standards for
second units subject to compliance with Government Code Section 658522; and
WHEREAS, cities may prohibit second units in areas which are determined to be significantly
impacted by insufficient capacity pertaining to traffic circulation, parking, public utilities and /or other
infrastructure and which deficiency would be exacerbated by the construction of second units; and
WHEREAS, as on May 13, 2003, the Anaheim City Council adopted Ordinance No. 5857,
establishing a process for ministerial approval of second units and creating specification and standards for
such units (the "Second Unit Ordinance "); and
WHEREAS, the Second Unit Ordinance permits second units, subject to the standards
identified therein, in all residential areas of the City, excluding only the areas established by Planning
Commission and /or City Council resolution as deficiency areas which are significantly impacted by
insufficient capacity for sewers, traffic circulation, parking, public utilities, or similar infrastructure needs; and
WHEREAS, on June 16, 2003, the City Planning Commission approved Revision No. 1 and on
December 13, 2004, approved Revision No. 2 to said Second Unit Sewer and Parking Deficiencies Map, and
made findings and recommendations in connection therewith; and
WHEREAS, the City Planning Commission did hold a public meeting at the Anaheim Civic
Center, Council Chamber in the City of Anaheim on February 22, 2006, at 2:30 p.m., to hear and consider
said proposed Code Amendment and the proposed Second Unit Sewer and Parking Deficiencies Map, and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts
1 - That Section 658522 of the Government Code authorizes cities to use criteria such as
adequacy of water and sewer services and the impact of second units on traffic flow to determine areas
where second units may be permitted;
2. That the Second Unit Ordinance provides that second units shall not be permitted in any area
of the City identified by resolution of the Planning Commission and /or the City Council as being significantly
impacted by insufficient capacity for traffic circulation, parking, public utilities and /or other infrastructure.
Cr /PC2006- -1- PC2006-
3. That following review and analysis of sewer capacity throughout the City, as discussed in the
Staff Reports to the Planning Commission dated April 21, 2003, June 16, 2003, December 13, 2004 and
February 22, 2006, which discussion is incorporated herein by this reference, certain areas of existing
significantly deficient sewer capacity, which would be exacerbated by allowing second units, have been
identified, based on the following:
a. Second units are housing units, which are not anticipated in the build -out scenario for the
City, and the City recognizes a probable increase in the amount of discharge into the
sewers generated by the addition of a second unit compared to a minor expansion of an
existing unit, which would be permitted;
b. Allowing unanticipated second units in neighborhoods that are currently deficient in sewer
capacity will overburden the existing sewers;
c. Areas where some sewer capacity remains but is not adequate to provide for build -out of
the current zoning should not be further burdened by allowing second units because in
these areas, even with sewer improvements, sufficient capacity may not be available to
adequately serve second units, since proposed plans for sewer capacity upgrades have
not taken into account these unanticipated housing units;
d. Permitting second units in said identified areas may lead to sewer spills into the City's
storm drain system, which may constitute a hazard and would subject the City to severe
penalties under its National Pollutant Discharge Elimination System ( "NPDES ") Permit;
e. Permitting second units in said identified areas would constitute a health and safety
hazard, and would have adverse impacts on the public health, safety and welfare.
4. That the Public Works Department has completed The Combined West Anaheim Area Master
Plan of Sanitary Sewers study and The Combined East Anaheim Area Master Plan of Sanitary Sewers which
determined that a number of sewer lines within the study areas are currently operating close to their
maximum capacity and identified locations in which additional development should be limited.
5. That based on the above - described review and analysis of sewer capacity throughout the City,
a Second Unit Sewer and Parking Deficiencies Map, dated February 2006 has been prepared identifying
areas in the City which are already burdened with sewer capacity and parking deficiencies and are not
suitable for the construction of second units without negatively impacting the existing neighborhoods and
having adverse impacts on the public health, safety and welfare.
6. That the Planning Commission anticipates that the Second Unit Sewer and Parking
Deficiencies Map will be reviewed and updated from time to time to ensure that the map continues to reflect
areas where second units should not be allowed and to remove areas which would no longer be negatively
impacted by the creation of new second units because improvements to the infrastructure or other changed
circumstances have eliminated the previously identified deficiency.
7. That "' indicated their presence at the public meeting in opposition to the proposal; and that
no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING The Planning Commission
concurs with staffs determination that the proposed project is statutorily exempt under Public Resources
Code Section 21080.17 and California Environmental Quality Act ( "CEQA ") Guidelines Section 15282(i),
which exempt ordinances for second units to implement the provisions of Government Code Sections
65852.1 and 658522; and that this project is also exempt under CEQA Guidelines Section 15305, which
provides that minor alterations in land use limitations that do not change land use or density in areas with an
average slope of less than 20 percent are permitted.
NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Anaheim City
Planning Commission does hereby approve the "Second Unit Sewer and Parking Deficiencies" Map,
Revision No. 3, dated February 2006, on file with the Planning Department of the City, which identifies those
certain locations having existing significantly deficient sewer capacity and /or existing significantly deficient
-2- PC2006-
on- street parking capacity where second units shall not be permitted and that said map shall replace the
previously revised and approved "Deficiency Area" Map, Revision No. 2, dated December 2004.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 22, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions — General' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on February 22, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2006.
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-3- PC2006-
ITEM NO. 1 -B
SP 92 -2
SP 92 -2
RCL 66 -67 -61 (22)
SP 9:
RCL 66 -67 -61 (22)
CUP 1101
VAR 2668 S
DISNEYLAN
T -CUP 2001 -04445
VAR 2381 S
PARKIN
CUP 2001 -04329
FSP 96-04
CUP 4065
CLARION HOTEL
CUP 2245
CUP 1834
CUP 865
VAR 2005 -04656
VAR 2003 -04551
(CUP 2002 - 04639)
SP 92 -2
(CUP 606)
RCL 90 -91 -22
(VAR 1172)
RCL 61 -62 -6
L VACANT
COURTYARD MARRIOTT
CUP 2634
SP 92 -2
HOTEL
CUP 2322
RCL 6667 -61 (77)
VAR 3242
CUP 3666
VAR 3003
DAYS VAR 607
FSP 2005 -00011
INN
VACANT
FSP 2004 -00008
"The Anaheim Resort TAP"
EIR 313
EIR 254
CUP 1982)
(CUP 1860)
(CUP 183)
VACANT
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CUP
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CUP 3217
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CUP 2943 RCL90-91 -22
DOUBLETREE RCL 89-90 -z5
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HOTEL RCL 87 -88-09
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RCL SS -s7 -
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RCL 65 -66-03
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VAR 3
ANAHEIM-CITY
LIMITS
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DENNrs RE
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GARDEN GROVE CITY
LIMITS
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ORANGEWOOD AVENUE - -- -
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cUPZ 04
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Final Site Plan No. 2005 -00011
Subject Property
Date: February
22, 2006
Requested By: KERR PROJECT SERVICES
Scale: 1"=200'
Q.S. No. 77
2041 South Harbor Boulevard
2185
Staff Report to the
Planning Commission
February 22, 2006
Item No. 1 -13
1 -B REPORTS AND RECOMMENDATIONS
a. ENVIRONMENTAL IMPACT REPORT NO. 313 (PREVIOUSLY- CERTIFIED) (Motion)
b. FINAL SITE PLAN NO. 2005 -00011 (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly shaped 3.3 -acre property consists of two parcels and has a frontage of 233
feet on the west side of Harbor Boulevard, a maximum depth of 610 feet and is located 468
feet north of the centerline of Orangewood Avenue (2041 South Harbor Boulevard).
REQUEST:
(2) Applicant requests review and approval of a Final Site Plan, including site, floor, elevation,
roof, sign and landscape plans to construct a two -story 8,517 square foot restaurant in The
Anaheim Resort (Ruth's Chris Steak House).
BACKGROUND:
(3) The property encompasses two parcels and is zoned SP92 -2 (Anaheim Resort Specific Plan
No. 92 -2), C -R (Commercial Recreation) District (Development Area 1). The Anaheim
General Plan designates the property and all surrounding properties for Commercial
Recreation land uses.
(4) On December 13, 2004, the Planning Commission approved Final Site Plan No. 2004 -00008
(to construct a new 4 -story, 150 -room hotel) for the Courtyard Marriott Hotel on the rear
portion of this property is currently under construction-
DISCUSSION
(5) The final site plan approved for the hotel provided for site and landscaping improvements for
the subject 3.3 -acre property. Also shown on plans, but not a part of the final site plan
approval, was a future 8,500 square foot full - service restaurant in front of the proposed hotel
and adjacent to Harbor Boulevard.
(6) Plans for Final Site Plan No. 2005 -00011 indicate the proposed construction of a new 8,517
square foot restaurant, with a 1,047 square foot mezzanine for storage and office space and
two outdoor patio dining areas totaling 950 square feet, in front of the hotel. The site plan
and the landscape plan further indicate that the scope of the request generally includes the
restaurant and its adjacent landscaping and hardscape to the north, east, and west. All other
improvements on the site, including improvements to the public right -of -way, parking areas,
and landscaping outside of the scope of this request would be constructed as approved for
the hotel.
(7) The submitted letter of operation dated February 3, 2006, indicates that Ruth's Chris Steak
House is primarily a dinner only restaurant. The restaurant's hours of operation are Sunday
through Thursday from 5:00 p.m. to 12:00 a.m. and Friday and Saturday from 4:00 p.m. to
1:00 a.m. In addition, lunch service may be provided occasionally for private parties and
special occasions. There are a maximum of 80 employees per shift. A copy of the letter of
operation is provided as an attachment to this staff report.
fsp2005- 00011sk_sr _pc022206.doc
Page 1
Staff Report to the
Planning Commission
February 22, 2006
Item No. 1 -13
(8) The submitted floor plan indicates that the entrance to the restaurant is located on the west
side of the building facing the hotel. The floor plan also shows a main dining room, two
private dining rooms and a bar area. A restaurant with sale of alcoholic beverages for on-
premises consumption is a permitted use in C -R District of the SP92 -2 Zone.
(9) The submitted elevation plans indicate a contemporary architectural style featuring a 32 -foot
high beige plaster and red brick veneer building with large glass windows, and gray concrete
and metal accents, including a standing seam metal roof.
(10) The landscape plan provides a variety of mature trees, shrubs, flowering plants and ground
covers, incorporated into a layered landscape design in conformance with the tree density
standards and design guidelines set forth in the Anaheim Resort Specific Plan. The applicant
has provided a plant/tree palette which provides a color photograph and a description of each
of the plant species proposed to be used. The landscape plan also indicates a three -foot
high water feature /sculpture and viewing garden on the east side of the restaurant, adjacent
to Harbor Boulevard. Two patios provide areas for outdoor dining and include three -foot high
walls with pilasters capped with flowering bowls and accent plantings. In addition, the patio
on the east side of the restaurant features an outdoor fireplace. On the west side of the
restaurant, where the main entrance is located, decorative hardscape and concrete bollards
with flowering bowls define the entrance and a valet parking waiting area. This area is
buffered from an adjacent loading area and trash enclosure by lush landscaping.
(11) Final Site Plan No. 2004 -00008 provided for 205 parking spaces. This request provides for
204 spaces, as one of the spaces on the previous site plan has been eliminated to provide for
a transformer. Code requires 128 spaces for the hotel and 76 spaces for the restaurant (the
mezzanine is not calculated as part of the parking requirement). Together the hotel and the
restaurant require 204 parking spaces and 204 parking spaces are provided. In addition,
there is a Reciprocal Parking and Access Agreement between the hotel and the restaurant.
(12) The letter of operation indicates both self - parking and valet service. The valet service is
offered during restaurant operating hours and is located adjacent to the main entrance of the
restaurant. All valet parking is provided in standard parking spaces and no tandem parking is
permitted or proposed. Valet parking spaces are located on the west side of the building,
adjacent to the main entrance and will be marked and corded off for valet use. Adequate
parking will be available for those patrons who wish to park their own cars on the north side
of the building, and north of the spaces designated for valet parking. Valet attendants will be
trained and instructed to clear the circulation path of travel as quickly as possible to allow
access on the west side of the restaurant.
(13) Sign plans indicate one business identification wall sign on the east side of the building
(facing Harbor Boulevard), one on -site directional sign above the main entrance on the west
side of the building and two etched window signs on the doors of the main entrance. The
sign above the main entrance and the window signs are not visible from the public right -of-
way. All signs meet all applicable Code requirements. The restaurant and the hotel will
share a monument sign, which is not a part of this final site plan request.
ENVIRONMENTAL IMPACT ANALYSIS:
(14) Upon review of the petitioner's Environmental Compliance Form, staff finds that the proposed
project's environmental effects are within the parameters, assumptions and time frames
analyzed in the previously certified Environmental Impact Report No. 313 for the Anaheim
Resort Specific Plan. Staff has prepared Mitigation Monitoring Plan No. 073 for the proposed
project incorporating those mitigation measures included in the Anaheim Resort Mitigation
Page 2
Staff Report to the
Planning Commission
February 22, 2006
Item No. 1 -B
Monitoring Program No. 0085 that are applicable to the project (a copy of this plan has been
forwarded to the petitioner and is on file in the Planning Department and available for public
review). Those mitigation measures required to be in completed prior to Final Site plan
approval have been satisfied.
(15) The Anaheim Resort Specific Plan requires a Final Site Plan to be submitted to the Planning
Commission for review and approval at a public meeting as a Reports and Recommendations
item prior to the issuance of a building permit. If the Final Site Plan is found to be in
conformance with the Specific Plan, Code specifies that the Planning Commission shall
approve the Final Site Plan.
RECOMMENDATION:
(16) Planning Department staff recommends that, unless additional or contrary information is
received at the public meeting, and based upon the evidence submitted to the Commission,
including the evidence presented in this staff report, and oral and written evidence presented
at the public hearing, that the Planning Commission:
(a) By motion, determine that the previously - certified EIR No. 313 in conjunction with the
applicable mitigation measures from the Anaheim Resort Mitigation Monitoring
Program No. 0085 and Mitigation Monitoring Plan No. 73 created for this project are
adequate to serve as the required environmental documentation for this request.
(b) By motion, approve Final Plan No. 2005 -00011 (identified as Exhibit Nos. 1 through
12 on file in the Planning Department) based upon a finding that the final site plan is
in conformance with the Anaheim Resort Specific Plan No. 92 -2.
Page 3
City of Anaheim
hLAIVNII~IG ®EPA12'I'1V1EN'I'
February 22, 2006
Kerr Project Services
4655 Cass Street, Suite 200
San Diego, CA 92109
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
February 22, 2006.
1. REPORTS AND RECOMMENDATIONS:
16. (a) CEQA ENVIROMENTAL IMPACT REPORT NO. 313 (PREVIOUSLY-CERTIFIED)
(b) FINAL SITE PLAN NO. 2005-00011
Agent: Kerr Project Services, 4655 Cass Street, Suite 200, San Diego, CA 92109
Location: 2041 South Harbor Boulevard: Property is approximately 3.3 acres,
having a frontage of 233 feet on the west side of Harbor Boulevard and is
located 468 feet north of the centerline of Orangewood Avenue.
vnvrv.anaheim.ner
Request to construct a full service, 8,517 square foot restaurant with alcohol sales.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
construct a full service, 8,517 square foot restaurant with alcohol sales and does hereby
determine that the previously-certified EIR No. 313 is adequate to serve as the required
environmental documentation for this request.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby approve the Final Site Plan
(identified as Exhibit Nos. 1 through 12 on file in the Planning Department) based upon the-
finding that the Final Site Plan No. 2005=00011 is in conformance with the Anaheim Resort
Specific Plan No. 92-2.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
FSP2005-00011_Excerpt
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, Galilornia 92083
TEL (714)765-5139
e ,as mm m mm !A .®
Attachment - R &R 1 -B
Letter of Operation
DATE: February 3, 2006
TO: City of Anaheim
FROM: Ruth's Chris Steak House
SUBJECT: Ruth's Chris Steak House —Anaheim
FSP 2005 -00011
2041 S. Harbor Blvd.
The following is a brief outline of the Ruth's Chris Steak House history and
operations for the restaurant at the above location. The applicant proposes an
8,517 square foot lower level with a 1047 square foot mezzanine storage level,
as well as two outdoor patio seating areas totaling 950 square feet.
Restaurant Description
Ruth's Chris Steak House was founded in 1965 when Ruth Fertel mortgaged her
home for $22,000 to purchase the "Chris Steak House," a 60 -seat restaurant
located near the New Orleans Fair Grounds racetrack.
Today the company operates nearly 90 Ruth's Chris Steak House restaurants,
including ten international franchisee -owned restaurants in Mexico, Hong Kong,
Taiwan and Canada.
The menu features a broad selection of high quality USDA Prime grade steaks
and other premium offerings served in Ruth's Chris' signature fashion-"sizzling"
and topped with seasoned butter - complemented by other traditional menu items
inspired by their New Orleans heritage. The restaurant has a feeling of southern
hospitality, with a courteous and friendly staff. They offer a dining experience
that appeals to families and special occasion diners, in addition to the business
clientele traditionally served by fine dining steakhouses.
Hours of Operation
Sunday through Thursday — 5:00 p.m. to 12:00 a.m.
Friday and Saturday - 4:00 p.m. to 1:00 a.m.
Lunch for private parties and special occasions only
Number of Employees
There are a maximum of 80 employees per shift, and a total of 100 for the
restaurant.
FLM-
'l
Based on 8,517 square feet of restaurant area and 950 sq.ft. of patio, 76 spaces
are required. The storage area and office on the upper level do not require
additional parking as this is an ancillary area that supports the restaurant
operation.
There is a Reciprocal Parking and Access agreement with the adjacent Marriott.
The hotel and restaurant require 204 spaces; 204 are provided.
Ninety -five percent of Ruth's Chris customers use the valet parking service. In
the Anaheim resort area there is a high volume of convention and business
travelers, it is therefore anticipated that a high percentage of patrons will arrive
via taxi or private car.
Valet Parking
Ruth's Chris Steak House is a dinner only restaurant. This fine dining
establishment caters to its patrons by providing valet service. The valet drop off
and pick up is located at the restaurant entry on the west side of the building, at
the restaurant entrance. The valet service will be available during restaurant
operating hours of 5:00 p.m. to closing Sunday through Thursday and 4:00 p.m.
to closing on Friday and Saturday.
The valet area located at the entry is a temporary staging area, with patrons
stopping during car drop off and pick up only. The valet attendants will be
responsible for the prompt removal and relocation of the cars as they are
dropped off. The valet parking area is located within the double row of parking
in the center lot as well as the perimeter parking at the south and east ends of
the lot. The valet parking areas will be marked and cordoned off for valet use.
Adequate parking will be available for those patrons who park their own cars on
the north side of the building (including the accessible stalls) as well as the north
side of the lot. Parking is shared with the hotel through a reciprocal easement
agreement.
Valet attendants will be trained and instructed to clear the circulation path of
travel as quickly as possible to allow access on the west side of the restaurant.
As noted in Hours of Operation section, the restaurant may open for private
parties or special events during the lunch hour. Any time there is valet service,
the valet will operate as noted herein.
ITEM NO. 1 -B
O-H
RCL 2004-00127
RCL 99 -00-15
(Res. of Int. to SE)
RCL 83 -84-19
RCL 70 -71 -28
RCL 70 -71 -27
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RCL 66 -67 -14
RCL 59 -60-23
T -CUP 2002 -04578
T -CUP 2001 -04446
CUP 2001 -04441
CUP 1424
CUP 1301
VAR 3791
V -1779 S
AUTO REPAIR
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Variance No. 2005 -04675
Z
99-00-15
5
(Res. es. of to SE)
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RCL 9d-00-15
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(Res. to SE)
REQUEST WAIVERS OF (A) MINIMUM NUMBER OF PARKING SPACES
RCL 1 -28
B PERMITTED NUMBER OF TENANTS ON A MONUMENT SIGN
RCL 1x11 -21
STADIUM PLAZA
BUSINESS PARK
SMALL IND.
FIRMS
O-H
RCL 2004-00127
RCL 99 -00-15
(Res. of Int. to SE)
RCL 83 -84-19
RCL 70 -71 -28
RCL 70 -71 -27
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/yn. VAR 2152
F it
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(Res. of Int. to SE)
RCL 66 -67 -14
RCL 59 -60-23
T -CUP 2002 -04578
T -CUP 2001 -04446
CUP 2001 -04441
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VAR 3791
V -1779 S
AUTO REPAIR
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RCL 99-00 -15
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CUP 3369
CUP 3165
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(Res. of Int. to SE)
RCL 90 -91 -11
RCL 82 -83-33
RCL 59 -60-23
CUP 3369
CUP 2433
CUP 2257
STADIUM TOWER PLAZA
OFFICE BLDG.
FR (PTMU)
RCL 99 -00-15
(Res. of Int. to SE)
RCL 56 -57 -93
CUP 2400
CUP 750
RCL 66 -67 -14
ANGEL STADIUM
a$ o
T -CUP 2003 -04774
kDIUM TOWER PLF
OFFICE BLDG.
O -L (PTMU)
RCL 99 -00 -15
(Res. of Int. to SE)
RCL 90 -91 -11
RCL 83 -84 -24
RCL 59 -60 -23
CUP 3369
CUP 3326
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CUP 2651
VAR 3608
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ALL PROPERTIES ARE IN THE PTMU (PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE
q
Variance No. 2005 -04675
Z
99-00-15
(Res. es. of to SE)
'5
>
RCL 70-7 0 -71 -ze
Requested By: THE SHOPS AT STADIUM TOWERS
RCL 70 -71 -27
REQUEST WAIVERS OF (A) MINIMUM NUMBER OF PARKING SPACES
I
B PERMITTED NUMBER OF TENANTS ON A MONUMENT SIGN
(C) MAXIMUM NUMBER OF MONUMENT SIGNS
D) MAXIMUM HEIGHT OF MONUMENT SIGN
SMALL IND. FIRMS
IND. FIRMS
o� Pv �NVE
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RCL 99-00 -15
(Res. of Int SE)
RCL 87 -88 -26
RCL 8384 -24
RCL 59 60 -23
CUP 2005-04966
CUP 3369
CUP 3165
O-L IPTMUI
RCL 9 -00-15
(Res. of Int. to SE)
RCL 90 -91 -11
RCL 82 -83-33
RCL 59 -60-23
CUP 3369
CUP 2433
CUP 2257
STADIUM TOWER PLAZA
OFFICE BLDG.
FR (PTMU)
RCL 99 -00-15
(Res. of Int. to SE)
RCL 56 -57 -93
CUP 2400
CUP 750
RCL 66 -67 -14
ANGEL STADIUM
a$ o
T -CUP 2003 -04774
kDIUM TOWER PLF
OFFICE BLDG.
O -L (PTMU)
RCL 99 -00 -15
(Res. of Int. to SE)
RCL 90 -91 -11
RCL 83 -84 -24
RCL 59 -60 -23
CUP 3369
CUP 3326
r CUP 3165
CUP 2651
VAR 3608
PARKING
q qNp
Rq / T /GN SgNT FF Rq Ctl'qY
VACANT
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W
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ALL PROPERTIES ARE IN THE PTMU (PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE
TO WAIVE MINIMUM NUMBER OF PARKING SPACES AND PERMITTED SIGNS.
2410 -2420 East Katella Avenue — Stadium Towers Plaza
D
2135
Variance No. 2005 -04675
Eli
Subject Property
Date: February 22, 2006
Scale: Graphic
Requested By: THE SHOPS AT STADIUM TOWERS
Q.S. No. 117
REQUEST WAIVERS OF (A) MINIMUM NUMBER OF PARKING SPACES
B PERMITTED NUMBER OF TENANTS ON A MONUMENT SIGN
(C) MAXIMUM NUMBER OF MONUMENT SIGNS
D) MAXIMUM HEIGHT OF MONUMENT SIGN
E) PERMITTED NUMBER OF WALL SIGNS
(F) PERMITTED LOCATION OF WALL SIGNS
(G) MAXIMUM HEIGHT OF LETTERS /LOGOS ON WALL SIGNS
TO WAIVE MINIMUM NUMBER OF PARKING SPACES AND PERMITTED SIGNS.
2410 -2420 East Katella Avenue — Stadium Towers Plaza
D
2135
Staff Report to the
Planning Commission
February 22, 2006
Item No. 2
2a. CEQA NEGATIVE DECLARATION (Motion for continuance)
2b. VARIANCE NO. 2005 -04675
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 2.4 -acre property has a frontage of 600 feet on the south side of
Katella Avenue, a maximum depth of 480 feet and is located 37 feet east of the centerline
of Howell Avenue (2410 -2420 East Katella Avenue - Stadium Towers Plaza).
REQUEST:
(2) The applicant requests approval of the following:
Variance No. 2005 -04675 — Request waivers of (a) minimum number of parking spaces,
(b) permitted number of tenants on a monument sign, (c) maximum number of monument
signs, (d) maximum height of monument sign, (e) permitted number of wall signs, (f)
permitted location of wall signs, and (g) maximum height of letters /logos on wall signs to
waive minimum number of parking spaces and permitted signs for a previously- approved
commercial center-
BACKGROUND
(3) This property is currently developed with an office building and a freestanding restaurant
and is zoned C -G (General Commercial). The Land Use Element Map of the Anaheim
General Plan designates this property for Mixed Use land uses. Surrounding properties to
the east, west and south are also designated for Mixed Use land uses, and to the north
(across Katella Avenue) for Office High land uses.
(4) This item was continued from the January 23 and February 6, 2006, Planning Commission
meetings in order to complete revisions to the parking study to allow for outdoor dining.
The applicant, Peter Louis, has submitted the attached e-mail dated, February 8, 2006,
requesting a further continuance to the March 6, 2006, Commission meeting to finalize the
parking study revisions-
RECOMMENDATION
(5) That the Commission, by motion, continue this item to the March 6, 2006, Planning
Commission meeting.
SR- VAR2005 -04675
Page 1
2/8/2006
Amy,
After receiving final word from Bryon, we would like to request a continuance on our Parking
Variance (VAR2005- 04675) to the next available Planning Commission Hearing date on March
6. We have a few more outstanding issues to clarify and would like to have everything
completely resolved before presenting to the commission.
If you have any questions, please give us a call.
Thank you for your help.
Sincerely,
Peter Louis
rha
robinson hill architecture, me.
A California Corporation
3195 B Airport Loop Drive
Costa Mesa, CA 92626
www. rhainc. net
E -mail: louisarhainc.net Telephone: 714. 825. 8888 Facsimile: 714. 825. 8889
ITEM NO. 1 -B
Z
-V A
Q T A
RH -2 U \
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RCL 72 -73 -07 RCL 72-73-51 RH 2
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\ / TPM 97 -212
RH 2 VAR 2005 -04655
RCL 72 -73 -51 (17) RCL 72 -73 -51
VAR 3699 RCL 72 -73-47
RCL 72 -73-47 (VAR 4330) Q
VACANT y p"
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Variance No. 2005 -04655
Tentative Parcel Map No. 2005 -157
RH
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Subject Property
Date: February 22, 2006
Scale: 1"=200'
Requested By: GARY CALKINS TRUST Q.S. No. 197
REQUESTS WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT
(B) MAXIMUM RETAINING WALL HEIGHT
(C) LOT FRONTAGE ON A PUBLIC OR PRIVATE STREET
TO CONSTRUCT A SINGLE - FAMILY RESIDENCE.
TO ESTABLISH A 2 -LOT, 2 -UNIT DETACHED SINGLE - FAMILY RESIDENTIAL SUBDIVISION.
6263 East Trail Drive
2114
"I
RCL 72 -73 -47
RH -2
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ALL PROPERTIES ARE IN THE
(SC) (SCENIC CORRIDOR OVERLAY) ZONE ,
Variance No. 2005 -04655
Tentative Parcel Map No. 2005 -157
RH
RCL 72 -7
VAR'.
RCL 72
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F
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Subject Property
Date: February 22, 2006
Scale: 1"=200'
Requested By: GARY CALKINS TRUST Q.S. No. 197
REQUESTS WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT
(B) MAXIMUM RETAINING WALL HEIGHT
(C) LOT FRONTAGE ON A PUBLIC OR PRIVATE STREET
TO CONSTRUCT A SINGLE - FAMILY RESIDENCE.
TO ESTABLISH A 2 -LOT, 2 -UNIT DETACHED SINGLE - FAMILY RESIDENTIAL SUBDIVISION.
6263 East Trail Drive
2114
Staff Report to the
Planning Commission
February 22, 2006
Item No. 3
3a. CEQA MITIGATED NEGATIVE DECLARATION (Motion for continuance)
3b. VARIANCE NO. 2005 -04655
3c. TENTATIVE PARCEL MAP NO. 2005 -157
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 32 -acre property has a frontage of 47 feet at the terminus of Trail
Drive, a maximum depth of 737 feet and is located 145 feet west of the centerline of
Whitestone Drive (6263 East Trail Drive).
REQUEST:
(2) The applicant requests approval of the following:
Variance No. 2005 -04655 — Request waivers of (a) maximum structural height, (b)
maximum retaining wall height and (c) lot frontage on a public or private street to construct
a single - family residence.
Tentative Parcel Map No. 2005 - 157 —To establish a 2 -lot, 2 -unit detached single - family
residential subdivision-
BACKGROUND
(3) This property is developed with a single - family residence and is zoned RH -2 (SC) (Single -
Family, Hillside Residential; Scenic Corridor Overlay). The property is designated for
Estate Density Residential land uses in the Anaheim General Plan. The General Plan
designates properties abutting the site to the north, east and south for Estate Density
Residential land uses and the properties to the west for Low Density Residential land uses.
(4) This item was continued from the January 9, January 23, 2006 and February 6, 2006,
Commission meetings in order to comply with the review period requirements for the
Mitigated Negative Declaration associated with this request and to revise plans associated
with site grading and retaining walls. Staff is requesting a further continuance to the
March 20, 2006, meeting to update environmental documents to reflect the revised plans-
RECOMMENDATION
(5) That the Commission, by motion, continue this item to the March 20, 2006, Planning
Commission meeting.
SR- VAR2005- 04655(con't 2- 22- 06)akv
Page 1
ITEM NO. 1 -B
Conditional Use Permit No. 2005 -05049 Subject Property
Date February 22, 2006
Scale Graphic
Requested By FREMONT INVESTMENT Q.S. No. 184
REQUEST TO PERMIT STORAGE OF VEHICLES WITHIN AN EXISTING PARKING STRUCTURE
FOR AN OFF -SITE AUTOMOTIVE DEALERSHIP WITH WAIVER OF MINIMUM NUMBER
OF PARKING SPACES.
5635 East La Palma Avenue — Cinema City Theatres
2131
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SP 941
RCL 70-71 -1
RCL 70 -71 -15 (1)
CUP 2167
RCL 70.71 -14
VAR 4271
CUP 2167
OFFICE BLDG.
'
VAR 4271
D.A. 2
OFFICE BLDG.
SP 94 -1
DA2
NORTHEAST
INDUSTRIALAREA
SP 941
RCL 89 -9048
RCL 89 -9048
RCL 87 -88-08
RCL88-89 -59
SP 941
RCL 86 -87 -29
RCL 84 -85-04
RCL 70-71 -15(1)
RCL653fi -25(2)
RCL 65 -66-25
}
RCL 70-71 -14
RCL 65-66-17
(Res of Intent to ML)
Q
CUP 2001 -04318
CUP 2005-05049
RCL 65-66-17
CUP 2167
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CUP 2003-04699
VAR 4271
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PRODUCE
ALL PROPERTIES ARE
IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE.
Conditional Use Permit No. 2005 -05049 Subject Property
Date February 22, 2006
Scale Graphic
Requested By FREMONT INVESTMENT Q.S. No. 184
REQUEST TO PERMIT STORAGE OF VEHICLES WITHIN AN EXISTING PARKING STRUCTURE
FOR AN OFF -SITE AUTOMOTIVE DEALERSHIP WITH WAIVER OF MINIMUM NUMBER
OF PARKING SPACES.
5635 East La Palma Avenue — Cinema City Theatres
2131
Date ofAerlal Photo: May 2002
Conditional Use Permit No. 2005 -05049 Subject Property
Date: February 22, 2006
Scale: Graphic
Requested By: FREMONT INVESTMENT Q.S. No. 184
REQUEST TO PERMIT STORAGE OF VEHICLES WITHIN AN EXISTING PARKING STRUCTURE
FOR AN OFF -SITE AUTOMOTIVE DEALERSHIP WITH WAIVER OF MINIMUM NUMBER
OF PARKING SPACES.
5635 East La Palma Avenue — Cinema City Theatres
2131
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
4a. CEQA NEGATIVE DECLARATION (Motion)
4b. WAIVER OF CODE REQUIREMENT (Motion)
4c. CONDITIONAL USE PERMIT NO. 2005 -05049 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 5.6 -acre property has a frontage of 275 feet on the north side of La
Palma Avenue, a maximum depth of 888 feet and is located 296 feet west of the centerline
of Imperial Highway (5635 East La Palma Avenue — Cinema City Theatres).
REQUEST:
(2) The applicant requests approval of a Conditional Use Permit under authority of Code
Section 18.120.100.050.0527 to permit storage of vehicles within an existing parking
structure for an off -site automotive dealership with waiver of:
SECTION NO. 18.42.040.010
Minimum number of parking spaces
(565 required; 476 existing and recommended
by the City's independent parking and traffic
consultant)
BACKGROUND:
(3) This item was continued from the January 23, 2006, Commission meeting to allow
staff time to respond to concerns raised by the adjacent property owner regarding the
proposal.
(4) This property is developed with an indoor theater complex, is zoned SP94 -1 (DA 5) (SC)
(Northeast Area Specific Plan; Commercial Area) (Scenic Corridor Overlay) and is
designated for General Commercial land uses on the Anaheim General. This property is
also located within the Merged Redevelopment Project Area.
PREVIOUS ZONING ACTIONS:
(5) The following zoning actions have occurred on the subject property:
(a) Conditional Use Permit No. 2003 -04822 (to permit an amusement arcade within an
existing movie theater) was approved by the Planning Commission on February 9,
2004.
(b) Conditional Use Permit No. 3414 (to permit the expansion of a multi- screen indoor
theater complex with roof - mounted equipment and to construct a 29 -foot high
parking structure with waiver of minimum number of parking spaces (899 required;
668 proposed) and minimum landscaped setback adjacent to a railroad right -of -way)
was approved by the Planning Commission on July 29, 1991 by Resolution No.
PC91 -110. Conditional Use Permit No. 3414 was readvertised for approval of a
revised site phasing plan and was approved by the Commission on October 19,
1992, by Resolution No. PC92 -122. Subsequently, the item was appealed to City
Council and was approved by Council on December 8, 1992 by Resolution No-
92R-246 On June 1, 1994, the Commission amended this conditional use permit
and Conditional Use Permit No. 2905 (for the commercial center to the east)
(Resolution No. PC94 -64) in response to issues relating to traffic circulation and
Page 1
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
parking between both sites and required the properties to participate in construction
of a traffic signal.
(c) Conditional Use Permit No. 3240 (to permit a church to use the theatre facility, with
waiver of minimum number of parking spaces (862 required; 562 proposed) was
approved by the Planning Commission on January 20, 1990, for a 3 -year period.
This Conditional Use Permit expired on January 20, 1993 and the church is no
longer in operation.
(d) Conditional Use Permit No. 2905 (to permit a 40 -foot high, 10- screen, indoor theater
complex with waiver of minimum number of parking spaces (757 required; 526
proposed) was approved by the Planning Commission on August 17, 1987 by
Resolution No. PC87 -160. On February 13, 1989, the Planning Commission
reviewed and approved revised plans to permit a 55 -foot high, 10- screen theater
complex with roof - mounted equipment and waiver of minimum number of parking
spaces (788 required; 412 proposed).
(e) Variance No. 3892 (to waive the requirements pertaining to signs to construct a 242
square foot freestanding sign and two (2) 152 square foot roof signs) was approved
by the Planning Commission on January 16, 1989.
PROPOSAL:
(6) The applicant is requesting approval of a conditional use permit to permit storage of vehicles
within an existing 21,047 square foot (190- space) parking structure for an off -site automotive
dealership (Simpson Buick Pontiac GMC).
Photograph of existing parking structure
Page 2
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
(7) The site plan (Exhibit No. 1) indicates that the property is currently developed with a 49,060
square foot theater complex and a 21,047 square foot parking structure. The applicant has
indicated that the entire parking structure would be used for the storage of vehicles from the
off -site automobile dealership.
(8) Vehicular access is provided by two existing driveways adjacent to La Palma Avenue. The
site plan and survey from the City's independent traffic engineer indicates a total of 666
existing parking spaces on -site including the parking structure and parking spaces available
by agreement. With the proposed use of 190 parking spaces in the parking structure for the
storage facility, there are 476 existing spaces remaining available for the theater use (398
surface spaces on -site, 43 parking spaces available with an agreement from the adjacent
bank property and 35 spaces within a parking easement agreement with the adjacent
commercial center to the east). Since the original approval, the theater has remodeled the
interior of the theater resulting in a reduction in the number of seats. Based on this
modification, Code requires a minimum of 565 parking spaces based on 0.3 parking spaces
per theater seat (1,795 seats) plus two (2) employee spaces per screen (13 screens). Since
the prior conditional use permit approval, the parking lot has been re- striped resulting in a
change in the number of parking spaces provided on -site. The current count reflects actual
usable parking spaces in compliance with code requirements.
(9) Sign plans were not submitted as part of this application nor is any signage proposed for the
parking garage.
(10) The applicant has indicated in the letter of operation and project description that the parking
structure is to be used as a storage lot for new vehicles from the Simpson Buick, Pontiac,
and GMC dealership located in Anaheim. The entire parking structure will be used for
storage of vehicles. The applicant has indicated that the parking structure will be secured
with steel roll up doors and gated stair wells. The applicant has further indicated that a
security company will patrol the site frequently during the evening and early morning hours
and that no employees will be on -site. The hours of activity for the parking structure would
be 7:00 a.m. to 11:00 p.m., 7 days a week. Vehicles that are needed from the storage
facility for a customer would be picked up by a sales person from the dealership. The
applicant has stipulated that there would not be any truck deliveries of vehicles to the site,
as these deliveries occur at the auto dealership. The vehicles are individually driven to the
site.
ENVIRONMENTAL IMPACT ANALYSIS:
(11) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Commission
that the declaration reflects the independent judgment of the lead agency; and that it has
considered the proposed Negative Declaration together with any comments received during
the public review process and further finding on the basis of the Initial Study and any
comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
EVALUATION:
(12) At the last public hearing, the adjacent property owner of the Imperial Promenade
Shopping Center provided testimony and the attached letter of opposition with
concerns regarding the proposal. His concerns included:
Page 3
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
The recorded joint and mutual easement and maintenance agreement between
the two properties and the potential violation of certain provisions relating to
the upkeep of the property;
The appropriateness of the use of the parking structure for the off -site storage
of automobiles; and
The content of the parking study.
The Commission continued the item in order for staff to research the past history of
the site. In response, staff has further reviewed the entitlement history of the
property and the adjacent commercial center to ensure that the proposed entitlement
does no conflict with any prior zoning actions.
(13) The existing theater is currently operating under Conditional Use Permit No. 3414 (to
permit the expansion of a multi- screen indoor theater complex and to construct a
parking structure with waiver of minimum number of parking spaces, prohibited roof
mounted equipment and minimum landscape setback adjacent to a railroad right -of-
way). Resolution No. PC91 -110 for contained the following condition:
"21. That within a period of forty five (45) days from the date of this resolution, an
unsubordinated reciprocal access agreement in a form satisfactory to the City
Attorney, shall be recorded with the Office of the Orange County Recorder.
Said agreement shall specifically include reciprocal ingress and egress to and
from the driveway on La Palma Avenue across subject property, to and from
the adjacent property to the southeast (currently developed with a bank) and
to the east. Access between the properties shall be reviewed and approved
by the City Traffic and Transportation Manager."
This condition was applied in order for the theater property to provide common
access drive aisles between the theater and the Imperial Promenade commercial
center and bank to the east.
(14) Conditional Use Permit No. 3414 was subsequently re- advertised to allow a revised
phasing plan which was approved by City Council on December 8, 1992 (Resolution
No. 92R -246). Conditions of approval were added as follows:
"28. That prior to issuance of a certificate of occupancy for the theater annex:
(a) A plan shall be submitted to the Zoning Division of the Planning
department for review and approval, showing the final existing seat counts
for each theater in the multi -plex theater complex and the actual number,
location and size of all existing on -site parking spaces (the minimum
parking space width shall be eight and one half (8 %) feet except that where
the adjacent driveway aisle is narrower than required by Code and /or City
standards, the minimum space width shall be nine (9) feet;. Said plan shall
have been prepared and certified by a registered architect and /or certified
civil engineer as to accuracy (the Planning Department may, by field
inspection, verity the accuracy of such plan). Said plan shall show that,
including any City- approved off -site parking spaces, the total combined
number of spaces is at least eight percent (80 %) of the minimum required
by Code for all the seats in the theaters. If the minimum eight percent
(80 %) parking ratio has not been achieved, the number of seats in the
theaters shall be reduced proportionally and a new plan shall be submitted
to the Planning Department for review and approval.
Page 4
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
(b) Parking agreements shall be obtained by the petitioner for any off -site
parking and said agreements shall be submitted to the Zoning Division for
review and approval by the City Attorney's Office and the City Traffic and
Transportation Manager. Any future changes to the seat counts for the
theaters and /or number and /or location of required parking spaces shall be
submitted to the Zoning Division for further review and approval.
(c) That the petitioner shall be responsible for paying the fee for each separate
code enforcement inspection conducted by staff for the purpose of
verifying that adequate parking is being provided relative to the number of
seats in the theaters, based on a least eighty percent (80 %) of the minimum
number of parking spaces required by Code being provided. Such
inspection(s) may be made monthly until construction of the parking
structure (Phase II) is completed and a valid determination can be made as
to the adequacy of the available parking.
(d) That within a period of six (6) months from the date of this resolution, the
Planning Department will submit a "Reports and Recommendation" staff
report to the Planning Commission discussing the status of subject multi-
plex theater complex: the number of seats in the theaters, the number of
parking spaces (both on -site and off - site), whether the parking structure is
being constructed, and the status of the Imperial Promenade development
construction and its parking availability. The Planning Commission may
thereupon schedule a public hearing in connection with the three
conditional use permits which include parking waivers for development on
subject property (Nos. 2905 and 3414) and on the adjacent commercial
retail center to the east (No. 3253). The purpose of such public hearings(s)
would be to modify the conditions(s) of approval or other aspect of the use
permit(s) pertaining to the parking waiver(s). If the purpose of modifying a
previously approved conditional use permit is to further reduce the number
of proposed parking spaces (that is, increase the parking waiver), it shall
be the underlying petitioner's responsibility to file for and pay for such
public hearing, and to provide the appropriate traffic and parking studies to
support such request."
(15) Since the original approval, the number of seats has been reduced from 2,666 seats
to 1,795 seats with the recent remodel of the theaters, concession area and
restrooms. Currently, without the use of the parking structure (including the off -site
parking spaces which both have recorded parking agreements) 84% of Code required
parking is being provided. Therefore, the property is in compliance with the above
noted condition no. 28 (a) regarding providing 80% of the minimum number of parking
spaces required by Code. As required by the above noted condition no 28 (b), a copy
of the agreement between the theater property and the adjoining Imperial Promenade
property (to compensate the loss of theater property parking from the La Palma
Avenue driveway reconstruction and the installation of common access drive aisles
between the theater property) was provided to the City. Also a copy of the recorded
agreement between the adjacent bank for additional parking spaces was provided to
the City. Both agreements comply with Condition No. 28(b). A copy of the reciprocal
parking and access agreement was submitted to the Commission at the January 23,
2006, meeting. Although the document was approved as to form by the City, the only
components of the agreement that are overseen by the City would be those that
pertain to specific conditions of approval required by the City. All other provisions
are private agreements in which the City is not a party. Furthermore, there was no
Page 5
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
requirement by the applicable conditional use permits to maintain the appearance of
the theater property consistent with the commercial center - only the requirement to
provide for reciprocal access to the adjoining properties.
(16) Currently, there are no open Community Preservation cases on the theater site.
Community Preservation Case No. COD2004 -06621 for a land use violation for the
storage of automobiles within the parking structure (Mercedes Benz dealership) was
received on March 26, 2004 and the case was closed on June 7, 2004.
(17) On a site inspection conducted on the evening of February 11, 2006, staff observed
that there is barb wire located on the north wall of the theater, attached to the parking
structure, and along both the north and west chain link fence which needs to be
removed as barbed wire is not permitted in a commercial zone. In addition, there is
inadequate lighting for the parking areas to the north and west of the parking
structure. Several of the existing lights were out and others need to be adjusted to
provide a more intensive lighting. Staff also observed that the trash enclosure
located in the northwest corner of the property was overflowing and there was broken
glass within the parking area. Since the inadequate lighting and maintenance of the
rear parking area and trash enclosure affects the availability and use of the on -site
parking spaces, staff has added conditions to provide for additional trash pick up and
that a photometric plan be reviewed and approved by the Police Department.
(18) The parking study prepared by the City's independent traffic consultant indicated that
the parking ratio observed at this theater was 0.20 spaces per seat, which is
considerably lower than required by code. Due to the implementation of self -serve
ticket dispensing machines, the number of employees required on -site (eight on duty
at night) is considerably less than code assumes (2 per screen, or 26 spaces) and the
addition of a theater within six miles has created a reduced demand at this theater.
Therefore, the City's independent traffic consultant determined that there was
sufficient parking on -site to accommodate the theater use and the vehicle storage use
within the existing parking structure. In addition, signage limiting parking spaces to
specific tenants, and time limited parking were observed at the commercial center
further deterring theater patrons from parking in the commercial center. Photographs
of these signs have been provided to the Commission for review.
(19) Code Section No. 18.120.100.050.0527 requires that any off -site use of parking areas
for vehicles sales agencies that are requesting an off -site vehicle storage lot are
required to process a conditional use permit. The Commission has approved a
number of conditional use permits in the SP94 -1 (Northeast Area Specific Plan) Zone
for off -site vehicle storage parking lots used for dealerships and for auto auction
businesses.
(20) The waiver pertains to the minimum number of parking spaces. Code requires a minimum
of 565 spaces for the existing theater use. Plans indicate 476 spaces provided 84% of the
code requirement. The City's independent Traffic Consultant has prepared the parking
analysis and has determined that the proposed parking area would be sufficient for the
proposed uses on the property. Based upon the information provided by the applicant and
upon the recommendation of the City's independent Traffic Consultant, staff recommends
approval of this waiver based on the following findings:
(a) That the waiver, 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
reasonable foreseeable conditions of operation of such use.
Page 6
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
All of the parking spaces will be provided on -site in the surface parking lot or in the off -
site shared parking lots. The parking demand of this particular theater has been
observed to be lower than the City's Municipal Code.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
There is no curbside parking allowed along La Palma Avenue along the project
frontage.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
All of the parking will be provided within the site's surface parking lot or in the two off
site lots that have allocated spaces for the theater use.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use.
The off - street parking area is providing sufficient parking for this use. The drive aisles
through this site are sufficient to accommodate the site's anticipated traffic, and no
congestion is anticipated, as a result of the re- allocation of the parking structure to
uses other than for theater parking.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
The site will not impact the ingress or egress from any adjacent uses to the public
street.
(21) The applicant has indicated that due to its location and limited visibility, customers have not
traditionally used the parking structure. Staff supports the proposed use as due to the lack
of use, the parking structure has been closed and secured with roll -up doors since at least
February 2005. Moreover, the reduction in the number of seats within the movie theater
further reduces the need for the structure and 84% of code required parking is being
provided in compliance with the theater's conditions of approval. Therefore, staff is
confident that the parking study conducted by the City's consultant adequately assessed the
site conditions that would exist if the proposal was approved since the structure is currently
not in use.
(22) The applicant has indicated that the storage of vehicles is limited to a one -year period
with the possibility of an extension. Given the limited duration of the proposed
storage facility, the lack of use of the parking structure, the parking demand study
approved by the City's independent Traffic Consultant, the recommended conditions
of approval and review of the pertinent conditions affecting the parking and access,
staff continues to recommend that the proposed use be approved for a period of one -
year to expire on February 22, 2007.
Page 7
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
FINDINGS:
(23) Section 18.42.110 of the parking code sets forth the following findings which are required to
be made before a parking waiver is approved by the Planning Commission:
(a) That the waiver, 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
reasonable foreseeable conditions of operation of such use.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
Unless conditions to the contrary are expressly imposed upon the granting of any waiver
pursuant to this section, the granting of the waiver shall be deemed contingent upon
operation of the proposed use in conformance with the assumptions relating to the operation
and intensity of the use as contained in the Parking Demand Study that formed the basis for
approval of the waiver. Exceeding, violating, intensifying or otherwise deviating from any of
the assumptions as contained in the Parking Demand Study shall be deemed a violation of
the express conditions imposed upon the waiver, which shall subject the waiver to
revocation or modification pursuant to the provisions of Section 18.60200 (City- Initiated
Revocation or Modification of Permits).
(24) Before the Commission grants any conditional use permit, it must make a finding of fact that
the evidence presented shows that all of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to the health and safety;
(d) That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
RECOMMENDATION:
(25) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the evidence
presented in this staff report, and oral and written evidence presented at the public hearing,
that the Planning Commission approve the petitioner's request by taking the following
actions:
(a) By motion, approve a Negative Declaration for the project.
(b) By motion, approve the waiver pertaining to the minimum number of parking
spaces (565 required; 476 proposed) based on the findings outlined in the parking
study prepared by the City's Traffic Consultant.
(c) By resolution, approve Conditional Use Permit No. 2005 -05049 to permit storage of
vehicles within an existing parking structure for an off -site automotive dealership for
a period of one year to expire February 22, 2007, by adopting the attached
resolution including the findings and conditions contained herein.
Page 9
[DRAFT]
RESOLUTION NO. PC2006 * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05049 BE GRANTED
(5635 EAST LA PALMA AVENUE — CINEMA CITY THEATRES)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for 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 84, PAGE(S) 5, 6, 7 AND 8 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 23, 2006 and continued said hearing to February 22, 2006, at 2:30 p.m., notice
of said public hearing having been duly given as required by law and in accordance with the provisions of the
Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.120.100.050.0507 with the following waiver:
SECTION NO. 18.42.040.010 Minimum number of parking spaces
(565 required; 476 existing and recommended by
the City's independent parking and traffic
consultant)
2. That the parking waiver is hereby approved based upon a parking analysis prepared by the
City's independent traffic engineer who has determined that the proposed parking area referenced in the
study would be sufficient for the proposed uses on the property
3. That the parking waiver, 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 reasonable foreseeable conditions of operation of
such use because the observed parking demand is lower that the City's code requirement, and all of the site -
required parking spaces will be provided on-site-
4- That the parking waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the use as there is no
curbside parking allowed along La Palma Avenue.
5. That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion within the off - street parking areas or lots provided for such use because the off -street parking is
sufficient for this use, the drive aisles through the site are sufficient to accommodate the site's anticipated
traffic and no congestion is anticipated as a result of the re- allocation of the parking structure to
accommodate the storage of vehicles.
Cr\PC2006 -0 -1- PC2006-
6. That the parking waiver, under the conditions imposed if any, will not increase the demand
and competition for parking spaces upon adjacent private property (which property is not expressly provided
as parking for such use under an agreement) in the immediate vicinity of the proposed use as all parking will
be provided within the site's surface parking lot or in the two off -site lots that have allocated spaces for the
theater use.
7. That the parking waiver, 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.
8. That the parking structure proposed for vehicular storage has not been used for some time,
and the parking was found to be adequate without it, thereby supporting the conclusion that the surface
parking provided on -site is adequate for the demand generated by the theater.
9. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the parking spaces used for the
proposed storage facility are in excess of those required for the existing land use on the property and the
theater property is maintaining a 84% parking ratio as previously conditioned for the theater.
10. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area.
11. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
12. That * ** indicated their presence at said public hearing in opposition, and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed the proposal to permit storage of vehicles within an existing parking structure for
an off -site automotive dealership with waiver of minimum number of parking spaces; and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the
lead agency and that it has considered the Negative Declaration together with any comments received
during the public review process and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That the temporary storage of vehicles is approved for a period of one (1) year to expire on
February 22, 2007.
2. That the hours of operation for the storage and retrieval of vehicles shall be limited to 7:00 a.m. and
11:00 p.m., daily. Said retrieval shall be conducted in an orderly and safe manner through the parking
lot.
3. That the use of car carriers to deliver vehicles to the site shall be prohibited.
4. That no activity other than vehicle storage shall occur on the property. No vehicle repair, sales, rental,
washing, detailing shall be permitted.
5. That the number of seats in the theater shall be limited to one thousand, seven hundred and ninety -five
(1,795) as stipulated to by the applicant-
-2- PC2006-
6. That a photometric plan shall be submitted to the Police Department, Community Services
Division for review and approval. The plan shall address lighting at the north end of the
property including adequate lighting of parking lots, driveway, circulation areas, aisles,
passageways, recesses and grounds of sufficient wattage to provide adequate illumination to
make clearly visible the presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all persons, property, and vehicles on-
site.
7. That all trash generated from this market shall be properly contained in trash bins contained
within approved trash enclosures. The number of bins shall be adequate and the trash pick -up
shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse
from the property. The Community Preservation Division of the Planning Department shall
determine the need for additional bins or additional pick -up. All costs for increasing the
number of bins or frequency of pick -up shall be paid for by the business owner.
8. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit No. 1 as conditioned herein.
9. That prior to commencement of the activity, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 6 and 8, above - mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
10. 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 Anaheim Planning Commission 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 condition, 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 the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 22, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on February 22, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
, 2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4 PC2006-
Attachment - Item No. 4
DEBEIKES INVESTMENT COMPANY
5289 ANON I', >axwrs, IRVINE, Cr 92604 • Tu: 949.733.3323 • F.kx: 949.733.3842
January 23, 2006
Gail Eastman
Chairman
Planning Commission
City of Anaheim
200 S. Anaheim Blvd
Anaheim, CA 92805
Dear Chairman Eastman,
By way of introduction, my name is Richard A. DeBeikes, Jr., President of DeBeikes
Investment Company, and an owner of the Imperial Promenade Shopping Center. I am
here today in my capacity as Agent for Bayport Imperial Promenade Associates, L.P.,
owner of the Imperial Promenade Shopping Center. We are in receipt of the Staff Report
dated January 23, 2006 which requests approval of a Conditional Use Permit to permit
storage of vehicles within an existing parking structure for an off -site automotive
dealership. We are opposed to the use of the Theater's parking structure for any use or
operation other than serving its patrons or employees. There are several reasons we
oppose the closure of the Theater's parking structure and its unpermitted use as a `car
barn', and they are as follows.
First, pursuant to the recorded Joint and Mutual Grant of Easements and Maintenance
Agreement dated January 1, 1992, (a copy is attached hereto), the entire ten acre property
on which Cinema City, Imperial Promenade and the bank reside, was deemed to be taken
as a whole, and `retain at all time the appearance of a first -class retail and commercial
center'. Additionally, all of the property owners agreed that they `shall not use or
permit the use of its respective Property, or any portion thereof ... (y) for any
unreasonable use or activity which is not compatible with the operation of a first -class
retail and commercial center and movie theater.' A `car barn' for a dealership on Weir
Canyon is not in keeping with the aforementioned covenants.
Second, the existing parking structure was approved as a part of Conditional Use Permit
No. 3414 whereby the Theater expanded its auditoriums, and displaced its parking. The
parking structure was approved solely as a part of the operation of the Theater.
According to Section 18.120. 100.0 )0, a parking structure is permitted only where its use
is integrated within the primary use on the property. Use of the parking structure for any
other use, other than that of the Theater's patrons and employees is a violation of its
Conditional Use Permit and the city zoning code.
Page Two
Chairman Eastman
January 23, 2006
Third, the zoning code section referenced in the staff report, Section
18.120.100.050.0527, relates to the operation of `Vehicle sales agencies and lots. The
use of a parking structure (which was constructed for adjacent theater auditoriums), for
use as a `car barn' for an auto dealer several miles away, is clearly out of context with the
intent of the Land Use And Development Standards - Commercial Area (Development
Area 5). The subject property has been and continues to be a part of a first class retail
and commercial center and movie theater. A `car barn' is not a use which is appropriate
with this property nor is it compatible with its neighbors.
Fourth, the Traffic Study in the Staff Report dated January 23, 2006, is flawed and
contains erroneous information. Specifically, the Traffic Study states, `There are signs
posted with parking restrictions in the Imperial Promenade to discourage theater
patrons from parking on the Imperial Promenade site. ' There are no signs on the
Imperial Promenade specifically targeting or restricting theater patrons from using the
parking lot at Imperial Promenade. As all parties know, our lot is contiguous with the
Theater, and both lots are viewed by patrons as `one lot'. There is also mention of a
`recorded parking easement agreement' with the bank on our corner. We are unaware of
any such document. Lastly, the parking count information did not count the use of any
parking spaces on the Imperial Promenade property. The collected data clearly shows
the front theater parking lot (Area A) at over 100% capacity, which means the overflow
was on the adjacent and more convenient parking at Imperial Promenade. My fifteen
years of management of this property allow me to state this conclusion.
Taking the aforementioned into consideration, it is our request the Planning Commission
deny the applicant's request to operate a `car bam' in its parking structure. Additionally,
we are asking the city's code enforcement department immediately bring the operation of
the theater into compliance with the conditions of its use permit.
Over the past few years, we have shared our views with latest owner of the theater,
including discussing and reviewing with him the covenants that run with the land. We
have done our best to be patient, especially while they remodeled and refurbished their
theater. We were fully aware that the structure has been closed since February 2005, and
we provided them this consideration while their business was disrupted. It was only after
the remodel was complete and the parking structure remained closed that we, once again,
expressed concern to the city. It was only at that time that we learned of their intent to
operate a `car barn'
From our perspective, the theater owner has not honored the covenants which require all
parties to view the ten acre commercial site as one, first class commercial center. His
modifications to make the parking structure look like a jail, rather than a well lit,
Page Three
Chairman Eastman
January 23, 2006
consumer friendly place to park their car, bear testament to this. At this time, we have no
other alternative than to notify the theater owner of the violations of their conditional use
permit, as well as their violation of the covenants which run with the land. We find this
regrettable, and would prefer a harmonious relationship, but are left with no other
recourse.
Should you have any questions, comments or concerns, I am available to address them. ]
thank you in advance for your consideration, and we look forward to our continued, long
term relationship with the City of Anaheim.
Sincerely,
DeBeikes Investment Company
Richard A. DeBeikes, Jr.
President
cc: Tom Koss, Bayport Imperial Promenade Associates, L.P.
John Cotton, Bayharbor Management Services
Attachment - Item No. 4
CINEMA CITY THEATRES
PARKING STUDY
5635 East La Palma Avenue
Anaheim, California
Prepared for:
Prepared by:
► Rafiq &
L Hssociates, Inc.
January 2006
Table of Contents
Section
Page
I.
Introduction
1
II.
Project Location
1
III.
Site Description
1
a. Existing Site
1
b. Proposed Site
1
c. Characteristics
1
IV.
Site Uses
2
a. Off -Site Parking Agreements
2
V.
Parking Requirements
2
VL
Site Parking Counts
3
VII.
Methodology of Study
3
VIll.
Findings
4
IX.
Recommendations and Conclusions
4
X.
Appendix A: Parking Counts
5
I. Introduction
This Parking Study has been prepared to determine whether the existing parking structure
is needed to serve the Cinema City Theatres. When the parking structure was
constructed, the theater had 2,464 seats. During a recent renovation to all- stadium
seating, the number of seats has been reduced to 1,795. Another theater has since been
constructed six miles away, also serving Anaheim Hills.
H. Project Location
The Cinema City Theatres site is located at 5635 East La Palma Avenue. It is one block
west of the intersection of Imperial Highway and La Palma Avenue, and within one -
quarter mile of the State Route 91 Freeway at Imperial Highway.
HI. Site Description
a. Existing Site
The Cinema City Theatres site is situated on the north side of La Palma Avenue.
It has two access driveways. The easterly driveway is a signalized access, which
is a shared access with the adjacent Imperial Promenade retail center. The
westerly access is a right -in /right -out access onto La Palma Avenue. There are
three connecting drive aisles between the Cinema City Theatres site and the
Imperial Promenade. Directly across La Palma Avenue from this site is another
retail center, the Anaheim Hills Village.
b. Proposed Site
No changes are proposed to the site at this time, other than the re- purposing of the
parking structure for use by others.
C. Characteristics
The Cinema City Theatres is a 13- screen theater. The Imperial Promenade is a
retail center with restaurants, a bank, coffee shop, and retail uses. There are signs
posted with parking restrictions in the Imperial Promenade, to discourage theater
patrons from parking on the Imperial Promenade site. It is our understanding
from City staff, that these two sites have separate owners, who have only a
reciprocal access agreement for ingress and egress along the shared driveway.
The bank has 43 parking spaces that it shares with the theater, in a reciprocal
parking agreement. There are an additional 35 parking spaces available at a site
to the east of the theater, in a recorded parking easement agreement.
IV. Site Uses
The Cinema City Theatres have 13- screens and approximately 1,795 seats. The surface parking
lot contains 398 parking spaces. Per the previous parking study prepared by LLG, the parking
structure just north of the theater contains 190 parking spaces. The parking structure has been
locked and unavailable for theater patrons for some time.
This theater recently instituted self -serve, un- staffed ticket booths, which sell tickets to all
customers. This machine accepts cash and charge cards. The maximum number of employees
onsite at the Cinema City Theatres during the day is five and at night, eight, per City staffs
conversation with the theater manager. The manager also stated that the employees are generally
teenagers, who are dropped -off, and do not drive themselves to work at the theater.
a. Off -Site Parking Agreements
There are 35 parking spaces available in a recorded parking easement agreement and 43
parking spaces available in a reciprocal parking agreement. The total offsite spaces
available are 78.
V. Parking Requirements
Per the City of Anaheim Municipal code, Section 18.42.040. Recreational, Commercial Indoor,
Theaters — Multi- Screen Motion Picture, 0.3 spaces per seat or per patron are required, whichever
results in a higher number, plus 2 employee spaces per screen.
Calculation of Parkinu Spaces Reauired by Code
Theater
Parking Rate
Spaces Required by
Code
1,795 seats
0.3 spaces/seat
539 Patrons
13 screens
2 spaces/screen
26 Employees
Total required by Code
565
Tabulation of parking spaces available for theater patrons without parking structure)
Location
Number of existing spaces
Onsite surface parking
398
Recorded Parking Easement Agreement
35
Reciprocal Parking Agreement
43
Total surface parking available
476
Adding the surface parking and offsite parking from the two agreements results in a total of 476
available parking spaces, which results in a shortfall of 89 parking spaces, based on the Code -
required parking. The number of employee parking spaces is overestimated by the Code, as this
Cinema City Theater Parking Study 2 Rafiq & Associates, Inc.
theater employs a maximum of eight employees, which is considerably less than the 26 assumed
in the Code.
VI. Site Parking Counts
Parking counts were taken by Southland Car Counters on four nights in December to reflect the
peak demand due to holidays and school breaks. The counts are provided in Appendix A.
VII. Methodology of Study
Based on the number of occupied parking stalls during peak and non -peak periods, the observed
parking ratio are compared with the Municipal code's parking ratio.
The maximum observed number of occupied parking spaces during the four nights counted, was
356 spaces at 8:00 PM on Saturday December 17, 2005. The timeframe for the parking counts
was chosen to provide an observation of the peak holiday crowd, and is considered to be a
"worst- case" scenario. Compared to the 398 existing surface parking spaces available, the
spaces in the surface parking lot were only 89% utilized at 8:00 PM on a Saturday during the
holiday peak period.
The observed parking ratio is then obtained by dividing 356 occupied spaces by 1,795 seats, to
achieve 0.20 spaces per seat. This assumes that all parking in the surface lot is occupied by
theater patrons, and that employees do not drive, or have parked in one of the offsite lots. The
observed parking ratio is much lower than the City's code.
VIII. Findings
The number of existing surface parking spaces occupied onsite during the peak holiday period
was 89 %. The parking ratio observed at this theater was 0.20 spaces per seat, which is
considerably lower than the Municipal Code. Due to implementation of self -serve ticket
dispensing machines, the number of employees required onsite (eight on duty at night) is
considerably less than the Municipal Code assumes (two per screen, or 26).
There are several possible explanations for the reduced parking demand that has been observed.
The variety of movies shown at this theater are predominantly geared towards families and
children. Of the nine movies showing during the holiday period, one was rated G, two were
rated PG, four were rated PG -13 and two were rated R. Families typically have a higher vehicle
occupancy rate than couples. Also, it is not uncommon for parents to drop off their children
during the holiday period, rather than accompany them, resulting in a reduced parking demand.
Also, the opening of a more modern theater within six miles, has created a reduced demand at
this theater.
Based on the parking counts taken and the review of the Cinema City Theatres site, the following
findings for a variance from the Municipal Code for non - residential parking are made, below:
Cinema City Theater Parking Study 3 Rafiq & Associates, Inc.
Finding18.42.110.0101: That the variance, under the conditions imposed, if any, will not cause
fewer off - street parking spaces to be provided for the proposed 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 ofsuch use.
All of the parking spaces will be provided onsite in the surface parking lot or in the
offsite shared parking lots. The parking demand of this particular theater has been
observed to be lower than the City's Municipal code.
Finding 18.42.110.0102: 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 immediate
vicinity of the proposed use.
There is no curbside parking allowed along La Palma Avenue along the project frontage.
Finding 18.42.110.0103: 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 subsection 18.42.050.030 (Non - Residential
Uses Exception)
All of the parking will be provided within the site's surface parking lot or in the two
offsite lots that have allocated spaces for theater use.
Finding 18.42.110.0104: That the variance, under the conditions imposed, if any, will not
increase traffic congestion within the off - street parking areas or lots provided for the proposed
use.
The off -street parking area is providing sufficient parking for this use. The drive aisles
through this site are sufficient to accommodate the site's anticipated traffic, and no
congestion is anticipated, as a result of the re- allocation of the parking structure to uses
other than for theater parking.
Finding 18.42.110.0105: 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.
The site will not impact the ingress or egress from any adjacent uses to the public streets.
IX. Recommendations and Conclusions
The Cinema City Theatres site has an observed parking demand considerably lower than the
City's Municipal Code. All of the findings for a variance from the City's Municipal Code have
been met.
Cinema City Theater Parking Study 4 Rafiq & Associates, Inc.
Cinema City
Project #: 05- 1265 -001
Appendix A Parking Counts — Holiday Period
5635 East La Palma- Anaheim
Date: 12116/2005
Fri
Area
A
B
C
D
I E
F
ITotal
Spaces
212
17
47
50
16
56
398
5:00 PM
194
18
35
27
0
25
6:00 PM
211
18
32
37
0
26
7:00 PM
198
15
37
36
0
31
8:00 PM
186
14
40
36
0
37
M273
9:00 PM
182
11
40
34
0
34
10:00 PM
178
11
32
26
0
26
A: 200 Std. & 12 HC Spaces
Layout of Parking Areas (north is up; La Palma Avenue is down)
Total Available
Max.Occupied
3 romenade
site)
Anaheim Hills Village across street
Cinema City Theater Parking Study 5 Rafiq & Associates, Inc.
right in /out access signalized access
La Palma Avenue
Appendix A (Continued) Parking Counts— Holiday Period
Cinema City 5635 East La Palma- Anaheim
Project #: 05- 1265 -001 Date: 12/17/2005
Sat
Area
A
B
I C
I D
I E
I F
Total
S aces
212
17
1 47
1 50
1 16
398
5:00 PM
198
14
41
33
0
38
324
6:00 PM
207
14
41
35
0
39
336
7:00 PM
213
16
44
39
0
41
353
8:00 PM
215
17
44
39
0
41
356
9:00 PM
190
16
35
23
0
30
294
10:00 PM
184
12
31
19
0
24
270
A: 200 Std. & 12 HC Spaces
Total Available
Max.Occupied
356 was the maximum observed number of parking spaces occupied throughout the four
day count period.
Cinema City Theater Parking Study 6 Rafiq & Associates, Inc.
Appendix A (Continued) Parking Counts -- Holiday Period
Cinema City 5635 East La Palma- Anaheim
Project #: 05- 1265 -001 Date: 12/23/2005
Friday
Area
A
B
C
D
E
F
Total
Spaces
212
17
47
50
16
56
398
5:00 PM
166
14
25
27
0
16
248
6:00 PM
143
14
28
24
0
18
227
7:00 PM
131
14
24
20
0
14
203
8:00 PM
129
14
19
18
0
12
192
9:00 PM
120
14
17
15
0
6
172
10:00 PM
109
11
14
13
0
5
152
A: 200 std. & 12 HC spaces
Total Available
Max. Occupied
Cinema City Theater Parking Study 7 Rafiq & Associates, Inc.
Appendix A (Continued)Parking Counts — Holiday Period
Cinema City 5635 East La Palma- Anaheim
Project #: 05- 1265 -001 Date: 12/30/2005
Friday
Area
A
B
C
D
E
F
Total
# of Spaces
212
17
47
50
16
56
398
5:00 PM
189
11
31
24
0
17
272
6:00 PM
185
13
32
24
0
19
273
7:00 PM
171
14
32
25
0
19
261
8:00 PM
167
14
31
19
0
17
248
9:00 PM
151
14
29
17
0
12
223
10:00 PM
134
14
27
13
0
8
196
A: 200 Std. & 12 HC Spaces
Total Available
Max. Occupied
Cinema City Theater Parking Study 8 Rafiq & Associates, Inc.
Attactent - Item No. 4
AsaOLUTION NO 2091 -110
A RESOLUTION OF THE ANAHEIM CITY PLANNING CCNNISSION
THAT PETITION FOR OONOITIONAL USX PERMIT NO. 3414 CE GRANTED
WHEREAS, the Anaheim City Planning COlrmlation did voc4tva a
verified Petition for Coadltieual Use Permit for certain real property
situated in the City of Anaheim, County of Orange, State of California,
described ant
PARCEL 1, AS SHOWN ON A PARM, MAP FILED IN SOON B4,
PAGES 5, 6, 2. AND B OF PARCEL NAPS IN THE OFFICE 01'
THE COUNTY RECOOEA OF OAANOE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commiselon d1d hold a public hearing
at the Civic Center in the City of Anaheim on June 3, 1991. at 1,30 p.m.,
notice of a4id public hearing having been duly given 4e required by law and in
aocordanco with the provisions of the Anaheim Municipal Code. Ckaptar 18.03, to
hoar and con4lder evidence for and against said proposed conditional d94 permit
and to lnventigate and make findings and recommandatlOne in connection
therewith) end that said public hearing Was continued to the June 11, July 15
and July 29, 1991 Planning Comefaulon meetings, 404
WHEREAS, said COmmLeaion, after due inspection. Investigation and
study made by itself and in its behalf, and after due Conaldexation of all
Wvidonca and reports offered at %aid haaYing, does find and detaxmtna the
following facto,
1. That the proposed can to properly one for which a conditional
use Fnrmit is authorized by Anaheim Hunie Lpal Code Section 18.44.080.320 to
permit the expansion of 4 multi- ecre6n indoor theater complex and to Construct
a 26 to 35 -foot high perking structure with w6ivov Of the folldwilg•
(A) SECTIONS 18.06.050.0259 - NLnl m nber dA bex'k inn aoaeae
I&, 06. QM (899 requlredl
and 18.44.096.03w 10 proposed tj.0 of the raquieementt)
(a) SECTION 18.64.062.012 - Prohibited roof mounted enulemwnt
I HSdf mantra edeicment peohibitedl 19 reef
sec ntad ai aenaltlen rs proposedl
(C) sacT1; 16.84.062.014
N1 n1muM , • ^de4aaatl utbaek ed teannt__ e
9AkU.2AA-Ildht of - 11v.
( feat requlredl n2UA proposed)
9R1244NP
.I-
PC91 -110
2. That the requested waiver (h) IA hereby granted, in putt* on
the basis that the petitioner stipulated at the public hearing to providing at
Least 80% of the parking required by Code, an follower
3,150 *sat- thoater to have 760 parking spaces, or
2,900 eaat- thoater to have 700 parking spaces, or
2,700 seat- theater to have 645 parking ap<oesl and,
further, on the basis that the p*titian*r stipulated to providing a recnkdad
access agreement (in compliance with Conditlon No. 21 heroin) within a period
of forty five (45) days from the date at this rouolutionl and, further, on the
basis that the parking waiver will not calls* an incroas* In traffic Congestion
In the immadlate vicinity her Advars %ly affect any adjoining lArd uses and
granting of the parking vaivor under the co nd a welfare r A it Any, C III n t
be detrimsntal to the pease, health, safety
of the City at hnaheim.
3. That the requested waivers (a) and fC) are hereby granted on
the basis that there aro special Circumstances applicable to the property such
as site, shape, topography, locatiov and surroundings which do not Apply to
other identically toned property in the same vicinity, and that strict
a pplication of the Boning Cod* deprive% she property of privileges enjoyed by
other properties in the idonticaI Zane and clasoi`.leaiion in the vleinityl and,
further, that granting waiver (0) Is also subject to the petitioner - $
stipulation that the 4 new roof- mounted Air conditioners Abell be %crooned in
the same fashion and mann%r ae the 15 existing roof -mounted air conditioners.
4. That the proposed use, as granted, will not adversely affect
th.• adjoining land uses and the growth and develOpm4nt Of the area in which It
1* proposed to sh located.
S. That the site and shape of the sit* PMPQ*Od for the use is
adequata to allow the full dev*lepemnt of the proposed use in A marnar not
detrimental to the particular area nor to tile peace, health, safety and g*nernl
welfare of the Citizens Of fns City of Anaheim.
a. That the granting of the Centlltional Us* permit under the
conditions Imposed will not be detrimental to the peace, health, safety and
gener*1 welfare of the Citizens of the City of Anahais.
7. That the ttUflc generated by the proposed use will not
impose an undue burden upon the *tr*etu and highways designed And improved to
tarty the traffic in the ar %A.
e. That one person indicated hit presence At said public hearing
In OPPesitionl and that no eorraspond$nc% we* received In opposition to the
eubj*Ot petitlen.
_ PC91 -110
0 0
SLLILORNLA ENVTRONM %HML DIAT,ITY ACT CTa U: That the Anaheim
City planning Commiaeian has ravlawd the proposal to construct a 2B to 35.fwt
high parking structure with waivers of minimum .unbar of parking spaces,
prohibited root mounted equlpmost and minimum landanapad sotbaek adjacant to A
railroad right -oe -way On an irrugularly- ehapod parcol of land aonsisting of
approximately SM antes, having A frontage of approximately 215 fast on the
north aid* of La palms Av%nuu, having A maximum depth of approximately BBB
fact, being locatod approximately 300 test .eat of the Canterlina of imperial
Highway and further dcaorlbed *9 5635 East La Palma Avnnus; and do*% hereby
Approve the Negative Daalaratl.Oa upon finding that it has Mftaldatsd the
N49ativ* Declaration together with any cuts received during the public
r%vi*v pmce** anJ further finding on the basis that the initial study and any
comment* received that there is no eub%tantiai evidence that the project .111
have a significant affect on the auvironmeht.
NMI THSR%FDRS, BE IT R1:S*LnD that the Anaheim City planning
Cammisslon leas hereby grant subject potitton for CoM,tinnal gee permit, upon
the following Conditions which arc hereby found to be a wevslary proroqulaita
to the pr*D*aAd us* of the eabjset property in •..d., o• y,.serve the safety and
general welfare of the Citizens of the City of Anaheim,
1. • That trash storage areas ahill be provided and maintained In a location
acceptable to the Street Maintenance and Sanitation Division and In
Accordance with approved plant on file with said division. Such
information shall be 'pacifically show the Plana submitted for
building permits,
2. That prior to issuance of a building pormlt, a solid waste management
plan with recycling capabllltile shall be approved by the street
Maintenance and sanitation Division. Upon occupancy of 1111 pre3e1e, said
commence Plan shall end shall remain in full affect as required by said
Divide..
3. • That prior to tomwncwvant of structural framing, on -alto fire hydrants
shall be installed and charged as required aM approved by the Piro
Dopartnant. An all - .lather road shall be provided to the hydrants at all
times, as required by the Fire Dapartment.
a. • That fir% sprinklers shall be Installed ae required by the Firs
Department.
S. • That a local Fir* alarm system shall be installed as required by the Fire
Department. Manual alarm pull* may be Omitted.
S, - That a class 2 *tandplpo shall be Installed In the parking structure a*
required by the Fie* Department.
-3- PC91 -110 n
7. • That as Cag"c0d by Code Station 18.84.062.020 (Pertaining to conaorolsi
dovelopm%nt In the Scenic Corridor), in additlan to the required setback
and slope landscaping, all parking area% and v*hloular accasawaya Abell
be patvnanohtly landscaped with at least Otte (1) true par three thousand
(3,000) eq.ft, of Parking area and vehicular accassway, overly
distributed throughout such areas. Thar* #hall be an +"raga of fatty
eight (48) sq.ft, of planter area provided par treo. Said plantar areas
shall have minimum dim*nuionu of six (6) test. Plans submitted for
building permit* shall show compliance with those requirement%.
8. + That the en -site landscaping and Srr19*tion %ystom shall be va£arbi41ed
and maintainod In compliance with City standards.
9. That all roof- mount*d air conditioning facilities shall be properly
Shielded from viav from all directions and shall be painted to match the
color of the VOOf and that the four (4) new aiq_ cond ar% %hall to
30. • That plans shall be amba.ttsd to the City Traffic and Transportation
manager for his review and approval showing conformance with the latest
revision of Engineering Standard Plan Nov. 402, 436. 602 and 604
pert Sinlng to parking standards and driveway locations. Sold plane shall
shoo that all compact or small car %paces will be converted to standard
sized apace*. Subject property %hall thereupon be developed and
maintained in conformance with said plan*.
11. That all block walls located on or near property lin %a shall be planted
and maintained with clinging virus to sl Luinats graffiti opportunities.
:2. • That prior to issuance of a building permit, the approprlato haler
thoroughfare and bridge fu shall be paid to the City of Anaheim in an
vnt as specified in the Major Thoroughfare and Bridge Pea Program for
�+e Poothlll /Saatern Transportation Corridor, a% established by City
_ —ncll resolution.
13. • That prior to issuance of a building permit. the appropriate traffic
signal assessment he shall be paid to the City of Anaheim in an amount
ea established by City Canntil fle"Lution No. 9OA -198.
14. • That the now cunstructlet authorized by this cuooluti -n shall be served
by undo-ground utilities.
19. That the water baekflw equipment and any other largo water system
equipment shall be metalled to the satisfaction of the water Utility
Division in either (al underground vault• or (bl behind the street
utback area in a manner fully seresnad tree all public #treat% and
al iaya.
-4- PC91 -110
0
16. That the driveway olrclinq the building shall be kept free And *lost of
All stationary vehicles and eguilmaat in Ordar to provide emergency fire
access.
17. That all plumbing or other similar pipes and fixtures ideated on the
exterior of the bullding shall be fully screened by architectural devices
and /or appropriate building materlale; end, further, that such
information shall be specifically shown on the plant submitted for
building permits.
18. • That the proposal #hall comply with all signing raquiramunts Of the CL
(SC) "COmmeroial, Limited - SconLC Corridor overlay" tone ualOas a
variants allowing sign waivers in approved by the City council, Planning
Commission or Zoning Administrator.
19. • That lighting Of sigeage on subject property Le prohibited between the
hours of midnight and 6 :30 a.m. 46 %pacified by Zoning Code SOCtlbn
18.05.091.052, unless a variants, it Applied for and granted.
20. c That the parking area adjacent to La Palms Avenue #hall be screened £tom
view in conformance with toning Code Section 15.44.064.010. Such
screening shall be Shown on plane submitted for building permits.
21. That an uneubordinatvd reciprocal aco#es agreement, in a form
Satisfactory to the City Attorney, shall be recorded with the office Of
the orange County Recorder. Said agreement shall specifically include
reciprocal ingress and agrees to and from the driveway on is Palma Avenue
across subject property, to and fees rho adjacent property to the
southeast (currently developed with a bank) and to the vast. A*CeeewAya
between the properties shall be reviewed and approved by the City Traffic
and Transportation Reneger.
23. That if the building permits are not leaned for the project authorised by
Conditional Use Permit No. 1253 (to permit a comoubmiml retail canter and
a samf- enclosad restaurant with on -0410 alrohollc beverages with waiver
of mtnt=m number of parking spaced, minimum structural setback adjacent
to Imperial Highway and prohibited root- mnvnted vquipm9nt for property to
the east of subject property) within one hundred eighty (188( days from
the date of approval of this resolution, then the existing street
improvements along is Palma Avenue fronting Subject property shall be
removed and full street Improvements shall be reconstructed by the
property awoor /dovalopor at the theater at the location designated by the
City Traffic and Transportation Reneger for the crltlwl intateactlon.
Prior to Issuance of a building permit, street improvement plans shall be
submitted to and improvement security Mall be posted with the
Subdivision Section. The plans shall b, designed and constructed In
accordance with Standard Plans and Specification on file in the office of
the City Sngin9ar. The %treat improvements shall be Installed prior to
occupancy -.,f the building.
-3- PC91 -110
u u
23. That prior to issuance of a building permit, the ownorldays ;opex of the
thoater expansion shall prepare a parking area Phasing program showing
how patkyng will be provided during construction of the proposed
improvements. Said Program shall be submitttd to the Traffic En1;inseryh9
Diviaimn for review and approval by the City Traffic and Transportation
Reneger.
24. That subject property shall be davelopod substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
petitioner and which Plana are on file with the Planning Dopartmout
marked Exhibit Nos. I through 3.
25. That prior to Leauanae of a building permit or within a period of one ISj
year from the date of this resolution, whichever occur% first, Condition
Not. 1. 2. 7, 9, 10, 12, 13, 17, 20. 21, 22 and 23, above -mene LOnsd,
shall be cemplLad with. Sxtonsions for further time to complete said
Conditions may be granted In accordance with Sect LOn 18.03.090 of the
Anaheim Municipal Code.
26. That prior to final building and toning inspections. Condition Has. 4, S.
6, 8, 11, 14. 15, 22 and 24, above- montLaned, shall be cotplied with.
27. That appceval of this apptieatlen constitute, approval of the proposed
request only to the extent that it compllco with the Anaheim Municipal
Zoning Cods and any ether applLCablu City. State and Padaral
regulations. Approval done met include any action or findings As to
compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement. Conditions marked with an asterisk
I.1 are required by established laws, codes, regulations and agreements
and are, therefore, not subject to negotiation.
DE IT 1VRTNER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Aesolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hers inteave set forth. Should any such condition. or say part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, than this Aaeolutfon, and any approvals herein
rontalned, shall b, deemed null and void.
THE FOREGOING RESOLUTION w%a adopted at the Planning ComeLesien
meeting of July 29, 1991.
(Or glnal stied by PAyflit R 8049tunl
CHAIRNONAN, AMANSIM CITY PLANNING COMMISSION
ATTEST,
( 0491n al slened by Edith L Mallld _
SECRETARY. ANAHEIM CITY PLANNING COMMISSION
-6- PC91 -110
Attachment - Item No. 4
REMLt TION NO P082.122
A APPROVING REVISED PHASING PUN N CAN ECTION WITH
N
CONDITIONAL USE PERMIT NO. 3414
WHEREAS. on JWY28. 1991 the Anaheim CIry Plan1 000 ma salon approved Co didonal Use
Perms No 5414 under ROW11110o Na PC91.110 to pons expanelon oI a mblldctean k theater
complex andto oonstrud a2li -IW high padding atmetwe (1So apecee) wehwaNemc4tha mmlmumnumber
of parkkg) equlpment and C minl um l4rdbo sebaak adl cent to a rgM'oI'waY on propedy located Oh the
north side 0( Le Palma Avenue, havmg a tnaxlum depth of ap{uoxlmalOIY OS0 feet being located
approxlmatdY 300 fact west of the oenlodme of Imperial Hlghwoy and Mahar descrlbW as SM East La
Palma Avenue: and
WHEREAS. onFebnatY 10.1982, PkMlnpCommlaalonapWn+W anedenslonottlmbloexplre
on July 29, low. and
WHEREAS. thopelMOOOr now requO0116 WOwti dam^ad consbumlan phasing "delaying
ogno 0( the required for the pmvlouslY"'eWme d uJO4Qr en Ihaatw "Patlslm end
alning the Paulding spaces
WHEREAS. Ina City ptann4p Commission did hold a pudic hearing at the CNIC Center In the
City a Anaheim on October 10. 1992. all 30 pm, notice d sad WHIG hosting hating been duty gNW
as roquhad by tow and in accordance Wah no proNSWIS Of the Anahalm Municipal Coda Chaplet 1003.
to hoar end ooneder ordeneo to and against anal pmpusal and lu mvoatlgato any make lkdmgs and
regoinlnendatl0na in con octim "w4weh, and
WHEREAS. sed Commission, saw due Inspecldm kwesdgnlon and study made by bolt and
M its behaiL any afty due consideration of Oil wMance and topod3 caved at Sad hearing, does Ilnd and
dalamllm 1 11 8 IoliOwtng laces
I That IN palalotwr Inds sled he hak been unable to ptocum a bond to guar0
conaWctkln at the Parking Structure
2 That [but Thal M ConespondWo was ot4od m Indicated the subject Waadn publ honing m Opposition. and
P 1 F00.hU h ROhMENTAi diA TY ACi F'I NIaN2 That IM Amheen Coy Planning Cetnmisaon has rodawed the tappoanl to appx a revised e ondtucllon phasing Wen delaying
Construction d a WmdouatyappnNW Moot high pardrq struclwa kaondod to be built In canitmilon
wen the theater expansion. and does hor(W Ord that the NOVINO Declaration p1ew0"y apprwW in
00"MOtdn with CoM1kIOM Use Parma No 3414 IS adequate 10 "M as he tedWed OrmnenmOrad
d In connection wah this m( I WOU
NOW. THEREFORE. BE IT RESOLVED that the AnahW City Planning Commission does
hereby ePWOVO SubIW raquOSL M Idlows
IA) Thal iha a"Itablo perking lot the Ihastws "I. at as Iknea be at least SOX blithe mmlum nunaor
at paminp spaces required by OOde Im old 1holma,
B) 1 1Nt When the got" structure Is oemWOted. IM 00% parting consist d ratio &Me cons an see spaces
and approxmnalely 36 to 42 olf.suo spaces located On the ImporW Promenade Wopolly to the east.
CRI63WS WP 4. PC92-122
(C) That construction or the parking structure my be delayed In which case Another apprwdmatay 49
parking Spam shall be tomporarCy proMod oft -sae on the property to the saeheast leased by
Union Federal Bank, In addition to the on -sale spaces and tna Moshe Imperial Promenade spaces;
(0) That the required cM.slto parking (About 96 to 42 permanent spaces on the Impanel PmMVad4
property to the Bast And 49 temporary Spaces M the property to the southeast bawd by Union
Federal Bank) shall be p wided in a loom and menmr acceptable to the City M Anaheim, And that
copias M a9raemants for such oa•ske aquas stall be tunAhed to the City for review and Approval;
and
(E) That, In the evert the pakke structure b idiot construclod. the theater owner shall (1) Obtain
se RAcrtcry replacement Parking Spots in order to maintain the minknum W% Parking ratio, and /or
(2) Reduce the number M Seats In the thoalwa In moner Satisfactory to the Planning Uoganmara
to maintain the 80% parking mile, and /or (3) Obtain approvel M another parkkg vananca.
FURTHER. that the Planning Commisskm does hereby add the folloWng rwsr conditions.
'28. That pdor to Issuance of a ceneloeto M occupancy la the theater annex'.
(a) A plan Sall be Submitted to the Zoning Watch for IWAav end apprWA Showing the Rnnl
exlalee sat counts let each mentor In the mWSpex theater complex and the actual numbw
location and size M ah a)dmIng ou -sho parking spaces Ohs minimum parking space wkdh shag
be eight and one half ieyl lot except that where the adjacent dtNeway 8190 b anOwer than
required by Cede ant /or City starxdwds. to minimum space width shall be hires 091 lag.
Said plan dell have been pmperod ant adiRO by a registered architect and /or certified CM
engineer as to acoumcy One Planning Department may. by Red Inspection, vary Ira accuracy
M Such plate) Sold pan SN01 show Hurt. In addition to any Ohyapproved oft -SRO parking
spaces. the told combined number M spacos Is at last eghty POmonl (B0%) M the minimum
rogWed by Code lor all the Seats In tbe lhalem R Ibe MIMmum eighty percent (80%)
panting alb has not been achWW. the numbot M Seats In the thetas shill be reduced
propodlonAny and a aw pan shill be submRla to the Planning Depahma t for rwAvw aid
AM"
(b) Pauline agreements Shell be obtained by the DMftteer la any M-SKO Pmking And Mid
agraemanta smll be Automated to to Zoning ONblon for review and approval by the CRY
Adomoy'S Oauo and the Cry TmtRc and Traaporlalbn Manager At1Y hAUro choreaS t0 th0
Soot aAnte for the theaters Aral /or number anti /or location M roquirod parking SP40S Lail
be submmod to the Zoning OMSion lor hatnar IWAOW and aPMOM
29 That the pedlio er Shea be rayon ion, lo, paWg the tae for metal Separate coda enlacement
InApecan conducted by aad la the purpose M vailyke that adegMto parking b being poMed
roalNO to tla number d swig Or the thalers, based on at least G" percent (90 %) M the
minimum number M parking apacas ragWOd by Coda being INmidOd Such mspeMion(S) may
be mado monthly until eeatrlutUm of Imporld Promenade to the Well is competed and a valld
determination can be m ado Air to the adequacy M the avalable parking
30 Tat within a parted M eta (6) months from ire data M Her reseeum IM Planning Department
My submit a report to bee Plana , Gb,mUU61on regarding the $farm M sublet mtalbpex them"
compax Oe ru_74. or Seals In use thaters. the number a p mkire Spaces (todh on-SRO And off-
whether the parking SIFUCUNe Is berg Constructed, end the Status M the Imperial Promeade
d"opniont eanelnucllet'
.2. PC92 122
THE POREGOING RESOLUTION Was adopted at IM PlaMk19 Comm. awn MWWd 0
October I% 1902.
fOHtln lived by Robert 0. Hannlnttrl
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
I(Bitlnal ; Lned by Janet L Jena¢nl
SECRETARY, ANAHEIM CITY PUNNING COMMISSION
STATE OP CALIFORNIA)
COUNTY OF ORANGE ) sa
CITY OF ANAHEIM 1
1. Janet L Jensen, Saoralory of the Anaheim City Pn. I V CalnmbStOm da horebY mn
beat the Lo K44V raaduWn v e, Pnsaad and adopttad at a maalrq of the AtNhdm City Bann"
Cmmlmlon had on October 19. 1992. by the fallowln0 vote at the members theteol:
AYES: COMMISSIONERS: BRISTOL HENNINGER, MESSE, PERAZk TAIT. ZEMEL
NOES. COMMISSIONERS: NONE
ASSENT. COMMISSIONERS: NONE
VACANCY'. ONE SEAT
IN WITNESS WHEREOF. 1 rave hwoWao W my Kand this __ day d
1982.
1 0• (Ina S L^ed by Janet L Jute
,ECRETAAY, ANAHEIM CITY PLANNING COMMISSION
g. PC9b122
AttachrOnt - Item No. 4
c '�
RESOLUTION NO. 92R -246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE
PERMIT NO. 1414 AND AMENDING RESOLUTION NO,
PC91 -110.
WHEREAS, the Planning Commission of the City of Anaheim
heretofore adopted Its Resolution No. 91R -110 approving Conditional
Use Permit No. 3414 to permit the expansion of a multi- screan
motion picture theater complex and the construction of a 29 -Root
high parking structure therefor with a waiver of the minimum number
of off - street parking spaces otherwise required for such complex
lrtain
(hereinafter collectively termed the "Project "), sub o
conditions of approval apecified in Resolution NO. PC91 -110; and
WHEREAS, the permittoe thereafter filed a request for
approval of a revised site phasing plan for Conditional Use Permit
No. 1414; and
WHEREAS, the Planning Commission hold a duly noticed
public hearing on said request on October 19, 1092, and after due
consideration of all evidence and testimony offora-d at said public
hearing did adopt its Rssolut!an No. PC92 -122 approving a revised
phasing plan for said Project and amending the conditions of
approval of Conditional Use Permit No. 1414 relating thereto; and
WHEREAS, thereafter, within tte time and manner permitted
by law, an interested party filed an appeal with the City Council
from the decision of the Planning commissior. contained in its
Resolution No. PC92-122; and
WHEREAS, the City Council hold a duly noticed public
hearing concerning said appeal on Dwcsmber 6, 1992, at which
hearing the City Council did receive and consider evidence, both
oral and documentary, relating to said request; and
WHEREAS, the city Council hereby finds and determines
that the amendment of said conditions of apprn•al in the manner
hereinafter set forth is reasonably necassar, to protect the public
peace, health, safety or general welfare, of ne isary to permit
reasonable operation under said Conditional Use Permit based upon
the following findings of fact:
1. Conditional Uee Permit No. 3414 as approved by the
Planning Commission on July 29, 1991, by esolution No. PC91-
130 to permit the expansion of an existing multi - screen Indoor
theater complex and the construction of a 29 -Coot high 060
space) parking structure relating thereto; and
2. Said Conditional Use Permit No. 3414 included a
waiver of the minimum number of off- stroab pal•king s
required for said theater complex, based upon iindings out
forth in Resolution No. PC91 -110, provided that the total
number of available off- street parking spaces for such thea`.er
comp:,x would be not less than eighty percent (504) of the
number otherwise .required by the Anaheim Municipal Coda based
upon the number of seats to be provided in said theater
complex; and
3. Conditional Use permit No. 3414, as approved by
Resolution No. PC91 -110, authorized the construction of a
parking structure for purposes of meeting the off-street
parking requirements imposed by said Conditional Use Permit;
said Conditional Use Permit does provide that the number of
seats in the theater complex shall , ^t exceed a number such
that the number of off- street parking spaces provided would be
less than eighty percent (803) of the number of spaces
required by the Anaheim Municipal Coda based upon the number
of seats in the thoater complex; and
4. The permitted has requested a modification to the
conditions of Conditional Use Permit No. 3414 pursuant to the
provisions of S9ction 18.03.092.060 of the Anaheim Municipal
Code to establish a phasing plan for the Project with the
expansion of the theater complex to prccaed as Phase 1 and the
construction of the parking structure (previously approved by
Conditional Use Permit No. 3414) to L. .inferred as Phase 11 of
the development; and
S. Delay in construction •i tte parking structure will
not result in a greater parking v. innCe than was approved in
Conditional Use Permit No. 3414 bocauso the number of seats 4 n
the theater complex will be reduced until such time as the
parking structure 1s constructed to assero that not less thin
eighty percent (801) of the otherwise raquirad number of off -
street parking spaces are provided at all times prior to
construction of the parking structure (based on the number of
seats in the theater complex); and
6. Construction of the parking structure has been
delayed due to legal issues concernlr.g possible easements in
favor oI the Atchison, Topeka and Santa Ps Railroad Company
which could affect the permissible location and design of the
parking structure; and
7. Due to the current economic conditions and issues
concerning the possible railroad easement, the permit holder
has been unable to obtain financing for the construction of
the parking structure; and
e. The permitter indicates that Its lender will be
unable to address the issue concerning a loan for the
construction of tho parking structure until the and of summer
1993, and
9. Deferral of construction of the parking structure
is, therefore, necessary to permit reasonable operation under
Conditional Use Permit No. 1414 for the reasons hersinabove
set forth; and
2 -
10, The addition of the hereinafter spaoified conditions
to conditional Use Permit No. 3414 are reasonably necessary to
Protect the public peace, health, safety or general welfare
due to the proposed phasing of construction of the Project,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval heretofore imposed
in Conditional Use Permit No. 1414 as set forth in Resolution No,
PC91 -110 be, and the same are hereby, amended by the addition of
how Conditions Noe. 28, 29 and 30 thereto, to read as follows:
"28. That prior to issuance of a certificate of occupancy for
the theater annex-
(a) A plan shall be submitted to the Zoning Division of the
Planning Department for review and approval, showing the
final existing seat counts for each theater in the multi-
plex theater complex and the actual number, location and
size of all existing on -site parking spaces (the minimum
parking space width shall ba eight and one half (83) feat
except that where the adjacent driveway aisla is narrower
than required by Code and /or City standards, the minimum
space With shall be nine Is) feet). said plan shall
have been prepared and certified by a registered
architect and /or certified civil engineer as to accuracy
(the Planning Department may, by fl*id inspection, verify
the accuracy of such plan). said plan shall show that,
including any City - approved off -sit* parking spaces, the
total combined numbor of spaces is at least eighty
percent (80%) of the minimum required by C.Ae for all the
seats in the theaters. If the minimum eighty percent
(001) parking ratio has not boon nuhiovad, the number of
seats in the theaters shall be reduced proportionally and
a now plan shall be Submitted to the Planning Department
for review and approval.
(b) Parking agreements shall be nbtained by the petitioner
for nny off -Site parking and Said agreements shall be
submitted to the Zoning Division for review and approval
by the City Attorney's Office a.ld the City Traffic and
Transportation Manager. Any tuture changes to the seat
counts for the theaters and /or number and /or location of
required parking spaces shall be submitted to the Zoning
Division for further review and approval.
29. That the petitioner shall be responsible for paying the
fee for each separate code enforcement inspection
conducted by staff for the purpose of verifying that
adequate parking to being provided relative to the
number of seats in the theaters, based on at least
eighty percent (80%) of the minimum number of parking
spaces required by Code being provided. such
inspection(s) may be made monthly until construction of
the parking structure (Phase II) is completed and a
valid determination can be made as to the adequacy of
the available parking.
3
"30. That within a period of six (6) months from the data Of
this resolution, the Planning Department will submit a
"Reports and Recommendation" staff report to the
Planning Commission discussing the status of subjeat
multi�plax theater aamplexl the number of seats in the
theaters, the number of parking *paces (bath on -site
and off) n an d the p ar k ing ImperialaPromenade
constructed,
development canstruction and its parking availability-
The Planning Commission may thereupor .hadula a public
hearing in connection with the three Iditional use
permits which include parking waivers for dnvelopment
on subject property (Nos. 2905 and 3414) and on the
adjacent commercial retail center to the east (NO.
3253). The purpose of such public huarinnts) would be
to modify the conditiOn(s) of approval or ctnrr aspects
of the use parmit(s) pertaining to the parking
waiverfn). If the purpose of modifying a previously
a y lrovod conditional use permit is to further reduce
the f:umbor oY proposed parking spaces (that is,
increase the parking waiver), it shall be the
underlying petitioner's responsibility to file for and
pay for such public hearing, and to provide the
appropriate traffic and parking studios to support such
request."
HE IT FURTHER RESOI,PRO that, except es expressly
provided herein, Resolution No. pC-91-11 shall remain in full
force and affect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim thin ath day of December,
1992.
OHIGINAI 5iI,NiL b'
10M LALT
__ I
MAYOR JF`�T11E CITY OF ANAHEIM
ATTEST: Onl.0 .a« dy
L1ORMA 0. "i
Pty Pr't
CITY�CLEP — OF THE CI',Y OF ANAHEIM
JLW: lm
8421414.12
- 4 -
i'
Jolk Attachment - Item No. 4
INVaSTMENT
COMPA
4 A A
April 29 1293
Mr. Bruca Sanborn
Sanborn Theaters, 1hc.
13 Corporate Plaza
Newport Beach, CA 92660 °7904
Teaa and Agra*m0bt Masomant5
This latter serves as conrirmation from imperial promenade
partners t"IPP that IPP and Sanborn Theaters, Inc.
clsanborn') are in agreement that number of displaced
parking spaces at Ginomapolis is thirty -eight (38)• SAAPti ,)'1
will be ranted non- exclusivo use of thirty eight l'1s)
spaces at Imperial Promenade in the location designated on
the enclosed parking exhibit.
Should You uetermxne rna, a .— •• -- _ _ _____._
raguired to memorialize our agreement please prnpacn onu
thisfconffirmationrloottoreshall sorvenasathesopnrntivom you,
document.
If you have any questions or comments, Please contact me at
your earliest convenience.
sincerely,
imperial Promenade Partners
'
�Jr.
Richard A. DeBeikes,
A
General Partner
M4Ytggg
ec. Scott Meyorhoff, Esq.
zo '. 41 YfS(
O
Tim Randall, Esq.
Ra
Dan Lee
CORD U,,L
.. ".."I. NI -' l ... , II .'"
MPMI . • M s. l.Y, tl: tPJ . M
„yr�.w.JOJU •ai�M 1M•YA
Attachment - Item No. 4
RECORDING REQUESTED 3% ft -'C_ J7 lO' — I q YZ
AND WHEN RECORDLD MAIL TO
IIf WIINgSC1'I011 YITF! ITpI no.
Sanborn Theatres. Inc.
�vp
13 Corporate Plaza
Newport Beach, CA 92660
THIS AGREEMENT is made by and between Sanborn Theetts, Inc„ a California
corporation, ( "Sanborn'), mid Union Federal Bank, a federal savings bank, ("Union
Federal`), this I Vii day of October, 1993.
WITNESSETH:
WHEREAS, Sanborn is me owner of certain real property in the City of
Anaheim, County of Orange, State of California, commonly known as 5635 E. La
Falma, mom particularly described on Exhibit A.
WHEREAS, Union Federal is presently the owner of a leasehold interest in
and to certain real property in the City of Anaheim, Coun C o
ng
California, commonly known as 5697 E. La Palma, particularly described on
Exhibit B.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. (a) For valuable consideration, Union Federal hereby grams to
Sanborn, subject to termination as hereinafter provider 2 ne cl live license 10 us
49 parking spaces (A) after 5:00 P-m - weekday Exhibit after Y '
(C) all day Sundays and holidays,
(b) In coosidemdon thereof, Sanborn will allow Union Federal to
use one of Sanbom's auditoriums for a moming weekday show once a month at no
charge. Sanborn will pity for the film an d all other expenses incurred by Sanborn in
connection with such show. if upon 30 days written nodee, Union Federal wishes to
discontinue the weekday show, then Sanborn shall instead pay $200.00 per month to
Union Federal foi the use of the 49 parking spaces.
(c) Throughout the tens of this license Sanborn will extend Its
liability insurance coverage to include the 49 parking spacea, will name Union
Federal, Chester Peterson and Beverly Ann Compton at additional insureds and will
oe rowi+t
t
provide Union Federal with a copy of the insurance certificate naming them as
additional insureds. Sanbom will remove on a daily basis any refuse or rubbish
deposited by its rastomem on Union Federal property.
2. This agreement shall expire at any time on or after April 1, 1994 upon
90 days written notice from Union Federal to Sanbomt provided, however, Union
Federal may Warmate this agreement at any date upon 90 days written notice to
Whom in the event that Union Federal sells or transfers it leasehold interest in the
property described in Exhibit B. .
3. This agreement supersedes any previous agreement between the parties
with respect to the subject matter hereof.
4. This agreomrgt shall be binding upon and inure to the benefit of t e
parties' respective suceessom and assigns.
IN WITNESS WHEREOF, this agreement made and entered into as of the
day of October, 1992.
Sanborn Theatres, Tic.
a Califonda Corporation
- By:a
Bruce Sanborn, Fresident
Union Federal Biotic,
a ftdeal savings bank
By: iGM�.is Y`1
Ronald b I. Grifjixt.
Senior Vice President
APPROVED AS TO FORM: -
IACK L. WRITE, CITY ATTORNEY
By:
Date:
,k ,aan
+.ww��
F- ARM, , MIMI r-M!
Imperial Promenade photos depicting parking restrictions
Entry sign for Citibank Parking Lot (looking south towards signal at La Palma)
it
30 minute parking at Starbucks
Imperi Promenade photos (Page 2)
�
One hour parking at in -line shops
Parking specifically for DC- Fitness and Kinkos
Imperial Promenade photos (Page 3)
One hour parking in lot near in -line shops
Parking specifically for Radiance Dental
Imperial Promenade photos (Page 4)
Photos taken by Rafiq & Associates, Inc.
January 25, 2006
20 minute parking for KFC
Attachment - Item No. 4
a.
RESOLUTION NO. PC87 -160
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2905 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from RAISER DEVELOPHENT COMPANY, c/o
BEDPOAD PROPERTIES, 2081 Business Center Drive, Irvine, CA 92715, ATTN.
RSVIR HANSON, owner for certain real property situated in the City of Anaheim,
County of Orange, State of California, described asi
PARCEL 1 AS SHOWN ON A PARCEL MAP FILED IN 800E E4,
PAGES 5, 6, 7 AND 8 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER of ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a pubt:..: hearing at
the Civic Center in the City of Anaheim on August 17, 1987 at WE p.m.,
notice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim hunicipal Code, Chapter 10.93,
to hear and consider evidence for and against said proposed conditional use
permit and to investigate and make findings and rocommundations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after duo consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That the proposed use is properly one for which a conditional
use permit Is authorised by Arahsim Municipal coda sections 18.44.050.32D and
18.84.062.031 to Wit; to permit a 40 -foot high multi -scroan indoor theater
complex With a waiver of the following:
SBCTIONL 18.06.050.0259 - Hin team nn mbar o�parkine spaces
AND 16.06.080 1?12 roquliW; 4?� proposed).
,kND 16.44.066.050
2. That the requested Waiver is hereby granted on the basis that
the parking Waiver will not cause an increase in traffic Congestion in the
Immediate vicinity nor advernly effect any adjoining land uses and granting
of the parking waiver under the condition* imposed, if any, Will not be
detrimental to the peace, health, safety and general Walter* of the Citizens
tf the City of Anah0 m.
3. That the proposed uee will not adversely affect the adjoining
land uses and the grovth and development of the area in which it is ptoposed
to be located.
4. That the also and Shape of the Otte proposed for the use is
adequate to allow the full development of the proposed use in a canner not
dotrimantal to the particular area not to the pea:*, health, safety and
general Welfare of the cttlswn. set the City or Mahetm.
dOlar ®ray_. in
A
S. That the granting of the Conditional Use Permit under the
conditions ioposed, it any, mill not be dotrimontal to the pOace, health,
safety and general welfare of the CitirOns Of the City of Anaheim.
6. That the traffic generated by tho Proposed use Will not 'Most
an undue burden upon the &trusts and highways designed and improved to carry
the traffic in the area.
7. That no one indicated their presenCO at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject petition.
RMVIROHMSHTAL IMPACT FINDING ":at the City Planning
Commission has reviewed tho proposal to reclassify subject property from the
ML (SC) (Industrial, Limited) (Scenic Corridor Overlay) Bone to the CL (SCI
iommmercial, Limited) tScenic COrridut Overlayl Bono to permit a 40 -tout high
multi- screon indoor theater Complex with waiver of minimum number of parking
spaces on an irrogularly- shaped parcel of land consisting of approximately
5.54 acres, having a frontage of approximately 27S teat en the north aide of
La Palma AVe we, being located approximately 300 foot most of the eentorline
Of Imperial Highway, and further described as 5635 Bast La Palma Avenue; and
does hereby approve the Negative Declaration upon finding that it has
considered the Negative beclaration together with any comments received during
the public review prOdeae and further finding on the basis of the Init Al
Study and any comments received that there is no substantial oviienca that the
project will have A significant effect on the environmont.
NOM, THEREPORS, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a ut oseary prerequisite
to the proposed use of the subject property in order to prosorve the safety
and general welfare Of the Citissns of the City Of Anaheie;
1. That this Conditional U69 PRr Pit IS granted subject to the adoption of
the Zoning Ordinance in connection with Noclassification Now 67 -88 -B, now
pending.
2. That prior to issuance of a building permit, the appropriate Major
tho:oughfars and bridge fee shall be paid to the City of Anaheim in an
amount as opecifiud in the Major Thoroughfare and Bridgv Pan Program for
the rocthiil /Baslorn Transportation ^ :Orridar, as approved by City Council
Resolution He. 85R -423.
1, That price to LSSUanee of A building permit, the appropriate traffic
Signal assessment too shall be paid to the City of Anaheim in an amount
as determined by the City CO"nCil,
4. That drainage of subject property ■call OR disposed of in a manner
satisfactory to the CL`.y Engineer.
That Subject property shall be served by underground utilitisa.
- 2- PCB? -t60
�4
.j
6. That prior to commancemant of utructural framing, fire hydrants shall be
installed and charged as required and determined to be necessary by the
Chief of the PirO Department.
7. That trash storage areas shall be provided and maintained in accordance
with approved plans on file with the street Raintoaance and Sanitation
Division.
8. That the grading and parking lot construction on subject project shall be
coordinated with the Construction of the Bast Richfield Drainage Channel,
as required by the City Bnginoer.
9. That the area designated on the approved plans as `Future Development`
shall be landscaped and irrigated and main. . f until such time as
subject area Is ultimately developed,
10. That all driveways shall be roconsiructod to acc•:waodato ton (10) foot
radius curb roturnt as required by the City Traffic Engineer,
11. That fire sprinklers shall be installed as required by the City Piro
Marshall.
12. That all air conditioning facilities shall be properly shielded fro® view.
13. That the proposal shall corply with all signing requirements of the CL
(SC) Zone, unless a variance allowing sign waivers _a approved by the
city Council, Planning Comsissl,on or Zoning administrator.
14. That asix (6) -foot high masonry block wall shall be constructed anA
maintained along the north property lino.
15. That, as specified in Anaheim Municipal Code section No. 18.64.062.032,
no roof - mounted equipment, whatsoever, shall be permitted.
16. That subject property shall be developed substantially In accotdance with
plans and specifica.lons on file with the City of Anaheim marked Exhtbit
Nos. I 2, and 3.
17. That prior to the commencement of the activity aathor.fad by this
resolution, or price to issuance of a building permit, or within a period
of one year from .)n date of this Zesolution, whichever occurs first,
Condition Nos. 1. I and 3, above- sontioeed, shall be compiled with.
Extensions lot tuc'.ner time to complete said conditions say be granted In
accvrdancs with eec %ion 16.03.090 of the Anaheim Municipal Code.
16. That prior to final tatidtng and Zoning inspections, Condition Nos. 4, 5,
7. 9, 10, 11, 12. 14, and 16, above - mentioned, shall be complied with.
-3- PC67 -160
HE IT FURTHER RESOLVED tbat the Anaheim City Planning Commission
6008 hereby find and dehermina that adoption of We Resolution I0 exprwsSly
predicated upon applicant's oomplianoe With each and all of the Conditions
bereinabove sot forth. Should ary such conditions, or any part thereof, be
deolarad Invalid or unanforcosble by the final judgment of any Coati of
Competent jurisdiction, then this Resolution, and any approvals heroin
Contained, shall be deemed null and void.
THE PORMING RESOLUTION is signed and approved by tee this 17th day 1
of August, 1987. j
(Original zigned by Robed Messe)
CHAIRMAN, ARMIN CITY PLANNING "ONMISSION
ATTEST%
1 04 9inal signed by Edith L Harris)
SECRETARY, ANAHEIM CITY PLANNING CONNISSION
STATE OF CALIFORNIA l
COUNTY Or ORANGE 1 as.
CITY OP ANAHEIM 1
1, Edith L. Harris, Secretary of the Anaheim City planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission hold on August
17, 1987, by the following vote of the members thoreeft
AYESI CONHISSIONERSt BOUAS, BOYDSTUN, CARUSILLO, FBLDHAUS, HBRBST, MBSSE
NOM COHNISSIONBRBt NONB
ASSENTt COMHISSIONERSt HC BURNEY
IN WITNESS WHEREOF, I have hereunto sat rry hand this 17th day of
Auguste 1987.
(Original signed by Edith L Hanh)
SECRETARY, ANAHEIM CITY PLANNING COM1418SION
t
-4- PCs ? -160 l
i
Attachmep- Item No. 4
gECOLUTION NO PC94434
A RESOLLITON OP THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
CONDITIONAL USE PERMIT NOS. 2905 AND 3414
WHEREAS. Cohdltlonel Use Penh No. 2905, permlhing a 40 -100t high multbsaraan indoor
theater complex with waver of minimum number of platting spaces on pmPOrty located at 5535 East La
p
Ce7.1160. Subsequently. subject a Penh vres madvartised twl 0 August 7 Resolution
and the following acllonsw aro
P takem
1. OnJan0ary 1, 1904 Planning Commission approved Resoutlon No. PC89.20 Perming a55-foot high,
2500 -seat multisaeen IMOOr theater, and
2. On February 13, 19179 Planning Commission approved Resolution No. PO89.20 adding a waver to
permit tool - mounted equipment
WHEREAS. Conditional Use Permit No. 3414, pgnnMIng expanslon of a must- screan Indoor
theater COniPlex end conalnldlon Of a 29JOa high pardr,Q structure with waiver of minimum number of
narking spacot prohlbhatl roof -mc' imed equipment and minimum landscaped setback adjacent to a mIlmad
right -c4-way, was approved by fir ` 9 Commission on July 29,1991 under [Rasdutlm NO. PC91.110.
WHEREAS. On August 26. 1991. Commission adopted Resolution No. PC91.13G amending
Resdmlon No. PC91.1110, nunc pm tune. Subsequeraly. Subjad use pomrawea loadvartisad twice and the
following actions Were taken:
1. On October 19. 1992 Planning Commission approved Resouion No. P092.122 approving a revised
phasing plan which delayed construction of the parking structure; and
2. On December A 1992 City Couwg approved Rosdulbn Na 92R -246 amending the conditions of
approval.
WHEREAS, on NovembM i, IS
93, the Planning Commission director] that subject conditional
use permits be roadvanised to consider possible revocation or modification 110 cOnd 11003 of approval for
anoxisthlgmovathemer (Cinamapolls). Thlsdeclsbnwes WSOdonplannedconstr .rclloebeingcomPleted
existing traffic circulation and parking laauea on subject property and adjacent aropla[y (Imp(Iial
Promenade). and compliance with ptevlous conditions of approve and Cade toqulremema
WHEREAS, the City Planning Commission did hold a public hearing at the CNIO Center In
the City of Alaham on January 10, 1994, at 1:34 p.m., notice of said public hearing having been duly
given as requlrod by law and In accordance with the provisions of the Atalmint Municipal Cade, Chapter
18,03, to hear and consider evidence for and against said proposed amendment and to lnvenigete and
make findings and t ,,ftmmadatlau N connection therewith; and that said public hearing was continued
to the January 24, Fot rmry 7, Match 21, April 10. May 2. May 15, and June 1, 1994 PlannlnQ Commlarlon
meetings; and
WHEREAS, said Commission, after due hapoorbR aweragallon and study made by Itself
and In hs behall, and after due conoklurallon of all evidence and opens offered at sad hearing, does find
and determine the IollovOng facts'.
C112DOMS.M A. PC94.64
a
on canto grounds Including one as moat of m l
ot fowl g may be modmed or nominated the is=
a) or ondhio s of such approval r in violation m any m
statute. Ordinancalaw or tlan
t)
detrimental t pe rmit e Public w hich �lh or saleOY,, or so as constitute a nuisa etc and /erne be
°) reasombit, nmomry protect includ public peace. health, safety or g a co 011001 It
relwalWB, or
necessary to permit reasosblo operation under the conditional use patmtt or variance as
gmntod.
2. Vm1anses (Pr of Municipa Coda a PlPlanning Comm ission t to
dotennine whether grounds eAt for the modification or ton instlon at a conditional use permit.
3. That an Independent parking study. tmod Valley It= and Associates APII 4.1994 Parking Study-
was prepared to analyze the vehicular circulation and Paddng on subject propenlea (Clne=Polis
and Imperial promenade) with their varied uses owners
4. through December met 1993. o tl numerous i t
Muss including: asbuiltPlane Status
onafter immo congtalkgt parking during oodatmctlon, possible oa•she parking,
Improvements to parking area Ilghung to encoumge use by customst possible closure of en on sho
driveway. directiosl slgs, IWIK P~g, opening of the Parking tincture. Parking supply status on
both prolrohles. InotoaaBtl drNewa+ able width, closure d the eemor me ian In A Patent AAvs from
traffic MQntlzation at IB Patine I an to and Impariet Highway. posai
of iceate wtermissions. pass ccw a circulan near tou t= l onlcen t c mt ast 01 trrema
signalhation. to
S. That, basod on the indopendant perking study. an April 12. 1854 meting borwoon city stag and
representatives of the Two sublet PWQrdos, and property ows , evaluation, of approval for ramcblend
Tr Managar made recom- vrdagons ragmd g w
conditional use patmita as wall as Condmatt Use permit No. 3253 (Imperil Promenade),
e That, 6nsa1 on the ebova+tBmnced parting study, Iho Apm t2, 1594 meting, and lesllmany given
et the dune 1, 1994 public hearing, Iho Planning CommUslon tlelemIn to mndm/ Conditlprel Use cip an
PBm r Nos. 2955 and 3414 (ClnenwpalIs mo'+le t aelm� 3 855 � �We 9 as enl p tho
center] to adtl a new conditkm to Bach use W owner to pay ihtr fair chart (25% 01 the 'etat
Anaheim Hadevtopnant Agehe for each property
hall cast) of the Instellallon Cost fora tmmc sigsl at the tlrNaway an la Palma Avenue. and for Bach
property tNmt to P"Me the nocessary sea - rds for III opamtlan ui sad imgic signal, within a
parlad of 6W CWI days ant approval t this Condition.
7 That no one Indicated thtr presence at said public hrming In opposition; and that no
corrospondence was received In opposition to the subject petition.
2 PC94$1
V •
CALIFORNIA ENVIRONMENTAL OUALrrV ACT FINDING The Planning Dirabtor
or his authorized representative has determined that the proposed project located on an Irmguladyshaped
parcel of land consisting of approximately 5.S4 acres, having a frontage of approximately 275 test 041 the
MOM side at La Palma Avenue, having a matdmum depth of apPtoximalely 553 teat, being located
approximately 300 feat west of the aemorlIne of Imperial Highway and further described as 5395 East la
Point Avenue. laps within the definitlon of Categorical EXemPtiana, Cis" 21, as definod In the State EIR
Guidelines and Is, therefore, categodcally exempt from the requirement to prepare an EIR.
NOW, THEREPORE, RE IT RE80LVEDdattheAabeim City planning Commission
don hereby amend Resdmlon Nos. P007.160, PCW20 and PC39 -$1, adopted in connection with
Conditional Use Permit No. 2905, by adding the fdlOWln g new condition thamte:
21. That the Cinamapols property owner shall enter Into a cooperative agreement with the Anaheim
Redevelopment Agency, and shall POY their fair sham Of the actual full Cost for butellallon of a nal to
srpnd and shall provide 69§emento on their property for the opsmlion of the traffic signal on LA
Palma Avenue at the drNeway far the property within sbdy (50) days Of approval of this condition
by the Planning Commission and /or the City Council. The cost participation for the traffic signal
shall be twenty tem percent (25 %) at the total cost of tho ttafflo signal for Gnemepalls (25 %currenOY
estlmatod to be $32,250 but subject to change based W actual OW) and twenty live percent (25 %)
for Imperial Promomdo (25% cutmity estbratod to be $32.250 but subject io change based on
actual cost). The fair share payments for the befFe signal stall be deposited with the Arahelm
Redevelopment Agency poor to th edicXntion of canstructlon bids far the traffic signal.
and, further, amends Resolution Nos. P091.110, P091.138. PC92.122 end Mil -240, adopted In connection
with Condalonel Use Permit No 3414, by adding the fallowing new condition thereto:
31. That the Ctnemapolls property owner Shall enter Into a COOporoWe agroement with the Anaheim
Redevelopment Agency. and shall pay their fair share of the actual full cost for Imord(atlon of airafflo
signal and Stall provide easements On that( property for the operation a t the traffic signal on La
Palma Avenue at the driveway for the proporty within obey (50) days of apprWal of this condition
by the Planning Cornmisalon and /or the City C aftall. The cost partlol:allon for the traffic Signal
shell be twenty INe percont (25 %) d the total cost d the tragic signal for Clnamapdis (25% currently
eadmatod at 332250 but subject to change based on actud Well and twenty dive percent (25 %) for
Imperial Promenade (25% Currently estimated at $32.250 but subject in chengod based on actual
coal). The fair share payments for the tmffle signal shop be deposited with the Anaheim
Red Wdopmant Agency poor to the sdWlletion Of construction bits far the traffic signal.
THE POREGOING RESOLUTION was adopted at the Planning CommIUIOM maodag d
June 1. 1994.
lOri�inal 5t4Rad by AI R, perazaJ
CHAIRMAN. ANAHEIh1 GTY PLANNING COMMISSION
ATTEST:
(OrlSina S by Janet L JanteAl
SECRETARY. ANAHEIM CITY PLANNING COMMISSION
-3- , P094b4
ITEM NO. 1 -B
ANAHEIM CONVENTION
SP 92 -2 1
SP 922
CENTER
INN REST. CUP 359
CONVENTION CENTER
SP 92 -2
CHEVRON
RCL 66-67- 61(64)
PARKING
CUP 359
VAR 2985 S
VAR 1278
VAR 2962
JOLLY ROGER
SHERATON HOTEL
INN
SP 92 -2
W
PORTOFINO INN
H
HOTEL
O
(CUP 606)
I-
(VAR 1172)
RCL 66 -67-61 (78)
ANAHEIM M IOTT
+/ I
I 1
I I
I I
I I'
I
I
I
I
/
/
/
SP
RCL 3-74 4
/
/
ANAHEIM CONVENTION
CONVENTION
CENTER
%
SP 92-2
T 2006 -120
T 16958
j
2
CUP 2006 -05067
CUP 3113
CUP 2288
CUP 2130
(VAR 1295)
(VAR 1286)
i
I
(VAR 1271)
ANAHEIM HILTON
III
&TOWERS
I
__I
ALL PROPERTIES ARE IN THE ANAHEIM RESORT
OVERLAND STAGE REST.
SP 92 -2
RCL 66 -67-61 (22)
CUP 1101
VAR 2668 S
VAR 2381 S
FSP 96-04
CLARION HOTEL
Conditional Use Permit No- 2006 -05067 Subject Property
Tentative Parcel Map No- 2006 -120 Date February 22, 2006
Scale Graphic
Requested By ANAHEIM HOTEL PARTNERSHIP, LCP Q -S- No- 77
CUP 2006 -05067
REQUEST TO PERMIT A NON - RESIDENTIAL CONDOMINIUM HOTEL FOR FINANCING PURPOSES-
SUBTPM 2006 -120
TO ESTABLISH A 1 -LOT NON - RESIDENTIAL COMMERCIAL CONDOMINIUM HOTEL PROJECT
SUBDIVISION FINANCING PURPOSES-
777 Convention Way
2175
SP 92 -2 1
JOLLY ROGER RCL 6667-61 (4
INN REST. CUP 359
VAR 2320 S
SP 92 -2
CHEVRON
RCL 66-67- 61(64)
5S.
CUP 359
VAR 2985 S
VAR 1278
VAR 2962
JOLLY ROGER
SHERATON HOTEL
INN
SP 92 -2
W
PORTOFINO INN
H
HOTEL
ALL PROPERTIES ARE IN THE ANAHEIM RESORT
OVERLAND STAGE REST.
SP 92 -2
RCL 66 -67-61 (22)
CUP 1101
VAR 2668 S
VAR 2381 S
FSP 96-04
CLARION HOTEL
Conditional Use Permit No- 2006 -05067 Subject Property
Tentative Parcel Map No- 2006 -120 Date February 22, 2006
Scale Graphic
Requested By ANAHEIM HOTEL PARTNERSHIP, LCP Q -S- No- 77
CUP 2006 -05067
REQUEST TO PERMIT A NON - RESIDENTIAL CONDOMINIUM HOTEL FOR FINANCING PURPOSES-
SUBTPM 2006 -120
TO ESTABLISH A 1 -LOT NON - RESIDENTIAL COMMERCIAL CONDOMINIUM HOTEL PROJECT
SUBDIVISION FINANCING PURPOSES-
777 Convention Way
2175
SP 92 -2
RCL 66 -67-61 (44)
CUP 3965
CUP 2130
i
VAR 2005 -04677
VAR 3891
VAR 2985 S
Q
VAR 2962
SHERATON HOTEL
LU
VAR 200504656
W
VAR 200304551
H
(CUP 2002 - 04639)
O
(CUP 606)
I-
(VAR 1172)
ALL PROPERTIES ARE IN THE ANAHEIM RESORT
OVERLAND STAGE REST.
SP 92 -2
RCL 66 -67-61 (22)
CUP 1101
VAR 2668 S
VAR 2381 S
FSP 96-04
CLARION HOTEL
Conditional Use Permit No- 2006 -05067 Subject Property
Tentative Parcel Map No- 2006 -120 Date February 22, 2006
Scale Graphic
Requested By ANAHEIM HOTEL PARTNERSHIP, LCP Q -S- No- 77
CUP 2006 -05067
REQUEST TO PERMIT A NON - RESIDENTIAL CONDOMINIUM HOTEL FOR FINANCING PURPOSES-
SUBTPM 2006 -120
TO ESTABLISH A 1 -LOT NON - RESIDENTIAL COMMERCIAL CONDOMINIUM HOTEL PROJECT
SUBDIVISION FINANCING PURPOSES-
777 Convention Way
2175
606 '
CONVENTION WAY
SP 92 -2
RCL 66 -67 -61 (22)
T -CUP 2001 -04445
i
CUP 2001 -04329
OUP 4065
OUP 2245
i
CUP 1834
CUP 865
VAR 200504656
VAR 200304551
(CUP 2002 - 04639)
(CUP 606)
VAR 200304551
(VAR 1172)
RCL 66 -67-61 (78)
ANAHEIM M IOTT
ALL PROPERTIES ARE IN THE ANAHEIM RESORT
OVERLAND STAGE REST.
SP 92 -2
RCL 66 -67-61 (22)
CUP 1101
VAR 2668 S
VAR 2381 S
FSP 96-04
CLARION HOTEL
Conditional Use Permit No- 2006 -05067 Subject Property
Tentative Parcel Map No- 2006 -120 Date February 22, 2006
Scale Graphic
Requested By ANAHEIM HOTEL PARTNERSHIP, LCP Q -S- No- 77
CUP 2006 -05067
REQUEST TO PERMIT A NON - RESIDENTIAL CONDOMINIUM HOTEL FOR FINANCING PURPOSES-
SUBTPM 2006 -120
TO ESTABLISH A 1 -LOT NON - RESIDENTIAL COMMERCIAL CONDOMINIUM HOTEL PROJECT
SUBDIVISION FINANCING PURPOSES-
777 Convention Way
2175
FK
C
ti
Date of Aerial Photo: May 2002
Conditional Use Permit No. 2006 -05067 Subject Property
Tentative Parcel Map No. 2006 -120 Date: February 22, 2006
Scale: Graphic
Requested By: ANAHEIM HOTEL PARTNERSHIP, LCP Q.S. No. 77
C U P2006 -05067
REQUEST TO PERMIT A NON - RESIDENTIAL CONDOMINIUM HOTEL FOR FINANCING PURPOSES.
SUBTPM2006 -120
TO ESTABLISH A 1 -LOT NON - RESIDENTIAL COMMERCIAL CONDOMINIUM HOTEL PROJECT
SUBDIVISION FINANCING PURPOSES.
777 Convention Way
2175
Staff Report to the
Planning Commission
February 22, 2006
Item No. 5
5a. CEQA CATEGORICAL EXEMPTION — CLASS 1 AND 15 (Motion)
5b. CONDITIONAL USE PERMIT NO. 2006 -05067 (Resolution)
5c. TENTATIVE PARCEL MAP NO. 2006 -120 (READVERTISED) (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, approximately 8.5 -acre property is located at the northwest corner
of Hotel Way and Convention Way with frontages of 606 feet on the north side of
Convention Way and 680 feet on the west side of Hotel Way (777 Convention Way —
Anaheim Hilton).
REQUEST:
(2) The applicant requests approval of the following:
Conditional Use Permit No. 2006 - 05067 to permit a non - residential condominium hotel for
financing purposes.
Tentative Parcel Map No. 2006 -120 - to establish a 1 -lot non - residential commercial
condominium hotel project subdivision forfinancing purposes.
BACKGROUND:
(3) This property is currently developed as a 14 -story, 1,572 -room hotel and zoned SP92 -2
(Anaheim Resort Specific Plan No. 92 -2), PR (Public Recreation) District (Development
Area 2). The Anaheim General Plan designates the property for Commercial Recreation
land uses.
(4) Conditional Use Permit No. 2288 (to permit a 160 -foot high 1,600 -room hotel and related
uses including on- premises sale and consumption of alcoholic beverages, with a waiver of
the minimum number, design and type of off - street parking spaces) was approved by the
City Council on March 9, 1982, following approval by the Planning Commission.
(5) Section 18.116.080 — Land Use and Site Development Standards — Public Recreation (PR)
District (Development Area 2) of Chapter 18.118 (Anaheim Resort Specific Plan No. 92 -2
(SP 92 -2) Zoning and Development Standards) of the Anaheim Municipal Code states that
parcels encompassed by the PR District shall be subject to the standards and regulations
of the PR (Public Recreational) Zone as set forth in Chapter 18.14 (Public and Special
Purpose Zones).
(6) Subsection .0902 of Section 18.14.030.090 (Additional Uses in the PR Zone) states that
the City may allow buildings, structures and uses in the PR Zone that are not listed in Table
14 -A (Primary Uses: Public and Special Purpose Zones) of Chapter 18.14 (Public and
Special Purpose Zones) of the Anaheim Municipal Code, if the City Council or Planning
Commission, by resolution, determines that they benefit the health, safety and general
welfare of the citizens of Anaheim. In addition, the code provides for the application of a
conditional use permit for land uses that are not identified in the code.
SR022206- SKCUP2006 -05067 FINAL.doc
Page 1
Staff Report to the
Planning Commission
February 22, 2006
Item No. 5
PROPOSAL
(7) The applicant is requesting that the existing Hilton Hotel be converted to a non - residential
condominium hotel for financing purposes, a category of hotel which is not identified in the
Code. According to the applicant's letter of operation and the project description, the
proposed request is intended to allow the financing of the hotel to change from a lender
financed entity to an owner financed entity. No physical or operational changes, outside of
the financing of the hotel, are proposed. The existing use of the parking structure would
continue as existing, and the portion of the parking structure owned by the City is not a part
of this request. A copy of the letter of operation and the project description are provided as
attachments to this staff report.
(8) The owner financed structure would consist of investors purchasing airspace condominium
units, together with an undivided interest in the hotel's common areas, similar to a
residential condominium development; however, the commercial condominium units would
not include privileges typically found in residential condominiums (i.e., the owner will not be
allowed to reside in the units). The owner's use of a condo hotel unit would be limited to
fourteen days per calendar year and would be subject to payment of Transient Occupancy
Tax, which would address the impacts of the transient use. It should be noted that both the
General Plan and the Anaheim Resort Specific Plan do not allow residential dwelling units
in the Anaheim Resort Specific Plan area.
(9) The proposed parcel map is necessary for the sale of the condominium units. The
condominium units would be sold by securities brokers as a financial investment. The draft
Declaration of Covenants, Conditions and Restrictions (CC &Rs) prepared by the applicant,
provide that participation in a Master Lease to the Anaheim Hilton is a mandatory condition
of purchase and that the investors would not be involved in hotel operations or
maintenance in conformance with the dictates of the master lease. The existing hotel
administration and staff would continue to operate and maintain the hotel. A copy of the
draft CC &Rs and the draft Master Lease are on file in the Planning Department.
ENVIRONMENTAL IMPACT ANALYSIS:
(10) Staff has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities) and Class 15 (Minor Land
Divisions), as defined in the State CEQA (California Environmental Quality Act) Guidelines
and is, therefore, categorically exempt from the preparation of further environmental
documentation-
EVALUATION
(11) Based on the information submitted by the applicant, the proposed use and associated
parcel map would not physically change the subject property, the existing structure or the
hotel operations and is for financing purposes only. The requirement of this conditional use
permit is to provide a mechanism to add conditions of approval to ensure that the proposed
airspace subdivision does not result in any change of use of the hotel from commercial to
residential, to ensure continued unitary operation and control of the hotel, and to
memorialize that the requested subdivision is exclusively for financing purposes. The
proposed non - residential condominium hotel for financing purposes is a land use for a type
of hotel that is permitted if the Commission determines by resolution that the land use
would benefit the health, safety and general welfare of the citizens of Anaheim. In addition,
the code allows the application of a conditional use permit for land uses not listed in the
code. Since there are no changes proposed for the hotel, the continued operation of the
hotel as subdivided would not adversely affect surrounding land uses, impose an undue
burden on City streets or cause a detriment to the health and safety of the citizens of
Anaheim. The size and shape of the property would continue to be adequate for the hotel
Page 2
Staff Report to the
Planning Commission
February 22, 2006
Item No. 5
use. In order to ensure that the non - residential condominium hotel for financing purposes
continues to operate as a hotel as approved by Conditional Use Permit No. 2288, staff
recommends conditions of approval relating to the operation and maintenance of the hotel
as listed in the draft resolution.
(12) Since the proposed parcel map is a commercial subdivision of an existing hotel, the
creation of commercial airspace units would be consistent with the General Plan and
Anaheim Resort Specific Plan applicable to the property. The size and shape of the
property would not be altered; therefore the proposed subdivision would not cause the site
to be unsuitable for the development or result in any environmental damage or health
problems-
FINDINGS
(13) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030
(Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority);
(b) That the proposed use will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be located;
(c) That 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
or to the health and safety;
(d) That 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; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
(14) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
to include in all motions approving, or recommending approval of a tentative parcel map, a
specific finding that the proposed Subdivision together with its design and improvement is
consistent with the City's General Plan.
(15) Further, the law requires that the Commission make any of the following findings when
denying or recommending denial of a tract map:
(a) That the proposed map is not consistent with applicable General and Specific
Plans.
(b) That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
(c) That the site is not physically suitable for the type of development.
(d) That the site is not physically suitable for the proposed density of development.
(e) That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
Page 3
Staff Report to the
Planning Commission
February 22, 2006
Item No. 5
(f) That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
(g) That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision."
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
public hearing and the findings included in the attached resolutions, the Planning
Commission take the following actions:
(a) By motion determine that the project is Categorically Exempt under CEQA
Guidelines Section 15301, Class 1 (Existing Facilities) and Section 15315, Class
15 (Minor Land Divisions).
(b) By resolution approve Conditional Use Permit No. 2006 -05067 to permit a non-
residential condominium hotel for financing purposes by adopting the attached
resolution including the findings and conditions contained therein.
(c) By motion, approve Tentative Parcel Map No. 2006 -120, to establish a 1 -lot
commercial condominium subdivision based upon the attached conditions of
approval and findings that (a) the proposed parcel map for a commercial
subdivision (non - residential) is consistent with the General Plan and the Anaheim
Resort Specific Plan, (b) the site is physically suitable for the proposed type of
development and (c) the proposed subdivision does not propose any changes to
the existing operation and therefore would not cause public health problems or
environmental damage.
Page 4
[DRAFT]
RESOLUTION NO. PC2006 -*'"
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006 -05067 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
Legal Description to be inserted.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on February 22, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 to hear
and consider evidence for and against said proposed conditional use permit and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed non - residential condominium hotel for financing purposes is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.090 (Additional
Uses in the PR Zone);
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because no physical or operational changes,
outside of the financing of the hotel, are proposed;
3. That 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 or to the health and safety because no
physical or operational changes, outside of the financing of the hotel, are proposed;
4. That 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 because no physical or operational
changes, outside of the financing of the hotel, are proposed; and
5. That the granting of the conditional use permit under the conditions imposed, if any, will not be
detrimental to the health and safety of the citizens of the City of Anaheim because there are no changes to
the existing land use as the hotel will continue to operate in the same manner as it does presently.
6. That' "' indicated their presence at said public hearing in opposition; and that no correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING The Planning commission
concurs with staff that the proposed project falls within the definition of Categorical Exemptions, Section
15301, Class 1 (Existing Facilities) and Class 15 (Minor Land Divisions), as defined in the State CEQA
Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
Cr\PC2006 -0 -1- PC2006-
1. Ongoing during project operation, with the exception of the proposed financing structure, the
non - residential condominium hotel for financing purposes shall be maintained and operated
as a hotel as approved by Conditional Use Permit No. 2288.
2. Ongoing during project operation, Transient Occupancy Tax shall be collected for all hotel
rooms as set forth in Chapter 2.12 (Transient Occupancy Tax) of the Anaheim Municipal
Code.
3. Ongoing during project operation, owners use of airspace condominium units shall be limited
to fourteen (14) days per calendar year and shall be subject to the same hotel rates as all
other guests at the hotel for comparable units. Said payment of hotel rates shall be subject
to payment of Transient Occupancy Tax.
4. The CC &Rs and Master Lease shall not be amended or terminated without the prior written
approval of the Planning Director and modification of land use permits as may be required to
authorize and reflect the changes in the CC &Rs and /or the Master Lease.
5. Ongoing during project operations, the property and the existing structure shall continue to
be operated and maintained as the Anaheim Hilton Hotel or a hotel of comparable quality
and shall be managed, maintained and operated by a single qualified professional entity .
6. Ongoing during project operations, at no time shall the hotel rooms be occupied as
residential dwelling units.
7. 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 Anaheim Planning Commission 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 condition, 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 the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 22, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2006-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on February 22, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
, 2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
I City of Anaheim
1~LANNING D~I'AItTMEN~'
,-.: >«
~,. 6
~.
`~
February 22, 2006
n
Anaheim Hotel Partnership, LCP
777 Cohvehtion Way; Suite 100
Anaheim, CA 92802
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
February 22, 2006.
5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 AND 15
5b: CONDITIONAL USE PERMIT NO: 2006-05067
Sc. TENTATIVE PARCEL MAP NO 2006-120 (READVERTISED)
Owner. Anaheim Hotel Partnership, LCP, 777 Convention Way, Suite 100,
Anaheim, CA 92802
Agent: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa Mesa, CA 92626
Location: 777 Convention Way:. Property is approximately 8.5-acres and is
located at the northwest corner of Hotel Way and Convention Way
(Anaheim Hilton and Towers).
Conditional Use Permit No. 2006-05067 -Request to permit anon-residential
condominium hotel for financing purposes.
Tentative Parcel Map No. 2006.120 - To establish a 1-lot non-residential
', commercial condominium hotel project subdivision. for financing purposes.
ACTION: Commissioner XXX offered a motion; seconded by Commissioner XXX and
_
.
-=
~
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
,
~ permit anon-residential condominium hotel for financing purposes and to establish a 1-lot
non-residential commercial condominium hotel project subtlivisior"fotfinancing purposes and
does hereby determine that the project is Categorically Exempt under CEQA Guidelines
Section 15301, Class 1 (Existing Facilities) and Section 15315, Class 15 (Minor Land
Divisions).
Gommissoner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby apprdve Tentative Parcel
Map No. 2006-120, to establish a 1-lot non-residential commercial cdhddmini~m hotel
subdivision for financing purposes, including its design and improvements, based on the
finding that (a) the proposed parcel map for a commercial subdivision (non-residential) is
consistent with the General Plan and the Anaheim Resort Specific Plan, (b) the site is
physically suitable for the proposed type of development and (c) the proposed subdivision
does not propose any changes to the existing operation and therefore would not cause public
health problems or environmental damage, subject to the following conditions:
20B South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
wvnr.anaheim.nal TEL (714) 7fi5-5139
Prior to approval of the Final Map, final CC &R's and a final Master Lease
shall be submitted to the Planning Department and the City Attorney's Office
for review and approval. The final CC &Rs and Master Lease shall be
consistent with Conditional Use Permit No. 2006 - 05067, the draft CC &Rs
and Master Lease dated February 8, 2006, on file in the Planning
Department, the Anaheim Resort Specific Plan and the City of Anaheim
General Plan. The CC &Rs and Master Lease shall not amended or
terminated without the prior written approval of the Planning Director and
modification of land use permits as may be required to authorize and reflect
the changes in the CC &Rs and /or the Master Lease.
2. Prior to approval of the Final Map, the title company shall review the airspace
condominium map and certify that the airspace condominium map has
created insurable units for sale as commercial condominium units.
3. The Final Map shall be submitted to and approved by the City of Anaheim
and the Orange County Surveyor and than shall be recorded in the Office of
the Orange County Recorder.
4. That the approval of this parcel map shall be contingent upon approval of
Conditional Use Permit No. 2006 - 05067.
5. That prior to approval of the Final Map, Condition Nos. 1 and 2, above -
mentioned, shall be complied with.
6. That subject property shall be maintained 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. and as conditioned herein.
7. That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim 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.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
cc: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa Mesa, CA 92626
TPM2006- 120_Excerpt
Attachment - Item No. 5
Anaheim Motel Partnership
777 West Convention Way, Suite 100, Anahcim, Catifornia 92802 Phone: 714/740 -4700 Fax: 714/740 -4711
January 24, 2006
Ms. Susan Kim
Associate Planner
City of Anaheim, Planning Department
200 South Anaheim Blvd
Anaheim, California 92805
SUBJECT: ANAHEIM HILTON - DESCRIPTION OF HOTEL OPERATIONS
Dear Susan:
The Anaheim Hilton is owned by Anaheim Hotel Partnership, a California limited partnership,
and is managed, under a long -term management agreement, by Hilton Hotels Corporation.
Existing Facility
The facility consists of a 14 story, 1,572 room hotel located on approximately 8.6 acres at 777
West Convention Way, Anaheim, California. The hotel building area is approximately 1,
489,000 square feet and the structurally integrated parking structure is approximately 882,258
square feet. The primary hotel frontage is on Convention Way, with Hotel Way to the East and
the former Convention Center Drive (now a landscaped pedestrian walk -way) to the West. The
Anaheim Convention Center is approximately 50 yards due West of the hotel.
Its primary business is accommodation of group meetings and conventions, on both a City -Wide
and In -Hotel Only, basis. Its secondary market is the Leisure/Pleasure guest, most of who come
to Anaheim to visit the Disney Theme Parks. The Catering Services Department is very active
hosting many corporate and private social events, including weddings, throughout the year. The
Catering Department also provides enormous support to the meeting and convention clientele.
In addition to its 1,572 guestrooms (96 of which are suites), the hotel has approximately 107,000
square feet of meeting space, including two 29,000 square foot ballrooms and 53 additional
meeting rooms of varying sizes. A pool deck and two lanai /garden decks are located on the 5
Floor of the Hotel. Restaurants include the Oasis (coffee shop); Pavia (fine dining); Starbucks
Coffee; The Avenue Bar and Hastings on the Avenue Sports Bar; a Sushi Bar; The Gazebo Pool
Deck Sandwich, Pizza and Bar. All the food service outlets, including Starbucks Coffee, are
operated by the Hotel.
The retail amenities include the Gift Shop and the Character Shop (both operated by Travel
Traders) and several sole proprietorships (outside tenants) including the Cachet Boutique,
Oriental Crafts and Trading Company, Studio Da Vinci, and Studio 8 Florist. None of the shops
are hotel operated.
cup jqa�
The Hilton Spa and Fitness Center is located in the lower lobby of the Hotel and offers a full
range of exercise equipment and classes. There are also limited spa services, an indoor pool, a
sauna, a' /< size basketball court and a pro -shop. This is a Hotel operated facility and occupies
approximately 25,000 square feet. The Spa and Fitness Center has repeatedly been rated in the
top ten, for hotel based facilities in the United States.
Parking
The Anaheim Hilton offers valet parking services as well as self -park services. Parking is
provided in the five story parking structure, which is structurally integrated with the Hotel. The
City of Anaheim owns 51.07% with the Anaheim Hotel Partnership owning the remaining
48.93 %. The parking structure (Car Park 2) is managed by the City of Anaheim, via a vendor
contract with Standard Parking, Inc. Valet service is accommodated on the first floor of the
parking structure, by the hotel, through a contract with Advanced Parking Systems. There are
approximately 2,292 parking spaces available in the parking structure, which are shared by the
hotel and the Anaheim Convention Center. Parking structure maintenance is primarily provided
through the Anaheim Convention Center Property Operations Department, however all systems
which are common to the hotel and the parking structure, such as fire sprinkler systems,
elevators and electrical, are maintained by the Hotel Property Operations.
Employees
The Anaheim Hilton employs approximately 875 Team Members, of which approximately 150
are "On -call banquet service staff'. There are three (3) shifts with the personnel distributed over
the shifts as follows:
Shift
# of Employees
Day
315 -400
Swing
145 -185
Graveyard
24 -31
24 Hour Total
484 -616
A range is provided as occupancy is variable throughout the year resulting in the range of
personnel to address the needs to the hotel's clientele.
Hotel Operated Departments
Department
Res onsibilties
Hotel Administration
Management and oversight of all hotel operations.
Finance and Accounting
Responsible for all financial related operations.
Human Resources
Responsible for all human resources related
responsibilities.
Convention, Meeting and Room Sales
Responsible for booking all hotel business other than
city -wide meetings.
Food and Beverage
Includes all restarurant and catering functions, room
service and related kitchens and support facilities.
Housekeeping
The largest Department within the hotel - responsible
for cleanliness of all guestrooms and public areas, linen
and towel changes and amenities. The Department
operates on a 24/7 basis.
Front Office Operations /Guest
Manages all guest registration and check -out as well as
Services
guest relations matters. Interfaces with Hilton's national
reservations offices to coordinate reservations made
through that source for this property. Manages bell
desk/staff, mail and information and concierge services.
Convention Services
Provides support to meeting and convention groups in
the planning and implementation of their events at the
hotel.
Property Operations
Addresses the operation, maintenance and upkeep of the
entire hotel. Property Operations contracts Elevator and
Escalator maintenance to Amtech Elevator Services.
Landscape maintenance is also contracted out. The
other key trades are represented in the make -up of the
Property Operations staff. This Department is also
responsible for the guestroom entertainment system and
fire /life safety systems in the hotel.
Hotel Security
Operates on a 24/7 basis, mans the fire control center
and provides general security for hotel operations, in
addition to providing security for hotel sponsored events
and groups with special security needs. Provides first
aid training, safety training and disaster preparedness
training to the hotel staff.
Hotel Laundry
Provides all laundry related services to guests and team
members, except for dry cleaning which is contracted to
an outside service.
Hotel Communications /Information
Manages all hotel based communications systems,
Technology
including standard telephone, high speed intemet and
wireless internet services to both public areas and
guestrooms. Manages major telecommunications set ups
for meeting and convention and related events.
Shipping and Receiving /Purchasing
Handles all incoming and outgoing freight, including
that associated with large meeting and convention set-
ups. Purchasing is responsible for acquisition of all
supplies required for operations and maintaining
adequate supply inventories on hand to support all hotel
departments and operations.
Specialized Services
The hotel contracts with outside vendors for specialized
services, the majority of which are maintenance of
equipment requiring unique skills or proprietary
information, trash/refuse removal, drain jetting and
cleaning, window cleaning, curtain wall maintenance,
copier service and audio /visual systems support and
service
The operations for the Hilton Anaheim as described above will continue as they have since the
hotel opened in May of 1984. The hotel operations will not change as a result of the proposed
Tentative Parcel Map for Commercial Condominium Purposes and the Conditional Use Permit.
Should you have any further questions regarding the foregoing, please call me at 714/740 -4714.
Sincerely,
ANAHEIM HOTEL PARTNERSHIP, DBA:
HILTON ANAHEIM
0
RICHARD R. POPE, Vice President
Administration & Special Projects
cc: Stan Castleton
John Erskine, Esq.
Kelly C. Carlyle
Project Description
The applicant, Anaheim Hotel Partnership LCP, is requesting approval of a Parcel Map for commercial
condominium purposes and a Conditional Use Permit for the existing 14 story Anaheim Hilton Hotel
located at 777 Convention Way. The applicant is not proposing any changes to the structures, grounds
or site operations as part of this application. The map is solely for the purpose of modifying the hotel
from being a lender financed entity to owner financed entity.
The owner financed structure will consist of investors purchasing airspace condominium units, together
with an undivided 'interest in the hotel's common areas. The commercial condominium units will not
include privileges typically found in residential condominiums (e.g. the condominium unit owner will be
limited to a certain number of days of personal use). The condominium units will be sold by securities
brokers as a financial investment to institutional and sophisticated investors. Participation in a master
lease to the Anaheim Hilton will be a mandatory condition of purchase. The investors will not be
involved in hotel operations or maintenance per the dictates of the master lease. The hotel
administration and staff will continue to operate and maintain the hotel.
Existing Operations and General Plan Designation
The Anaheim Hilton and existing parking structure will continue to operate as a high quality hotel
operation as it has for the past 20 years. As such, all guest rooms in the hotel will at all times continue
to be subject to transient occupancy tax.
The existing 1,572 room hotel will continue to operate twenty four hours a day with three shifts. The
number of employees per shift is provided below.
Shift
# of Employees
Day
315 -400
Swing
145 -185
Graveyard
24 -31
24 Hour Total
484 -616
A range is provided as occupancy is variable throughout the year resulting in the range of personnel to
address the needs to the hotel's clientele.
The site's General Plan designation is Commercial Recreation and is within the Anaheim Resort
Specific Plan Area (SP92 -2).
Existing Conditions
The existing hotel provides 1,572 guest rooms, meeting rooms, a business center, lounge, fitness club
and spa, pool area, restaurants, ancillary retail amenities and landscape areas. The existing parking
structure, located north of the hotel structure, provides sufficient parking for 2,292 vehicles.
The area surrounding the project site is fully developed with several other hotels, Disneyland, Disney's
California Adventure, Downtown Disney, and some residential uses south of Orangewood Avenue. The
transportation infrastructure includes arterials with fully landscaped medians and close proximity to
Interstate 5. The specific uses adjacent to the project site include the following:
North — Parking Structure and Katella Avenue
South— Anaheim Marriott and Clarion Inn
East — Coast Hotel and Portofino Inn
West — Anaheim Convention Center
As the surrounding area is fully developed and the Tentative Parcel Map does not propose any physical
or operation changes to the existing hotel, no environmental impacts are anticipated.