Resolution-PC 2006-18: • •
RESOLUTION NO. PC2006-18
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 Conditionai
Use Permit for certain real property situated in the City ofAnaheim, 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 SA{D 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 iaw and in accordance with the provisions of the
Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditionaf use permit and to investigate and make findings and recommendations in connection therewith;
and
WNEREAS, 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 #or which a conditional use permit is authoeized by
Anaheim Municipal Code Section 18.120.100.050.0507 with the following waiver:
SECTION NO. 18.42.040.010 Minimum number of parkinq 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 irr 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 a1f 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.
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6. That the parking waiver, under the conditions imposed if any, wil4 not increasa the dsmand
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, wiil not impede vehicular
ingress to or egress from adjacent properties upon the pubiic 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 forthe
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 aflow the fulf 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 wi!! not be
detrimental to the health and safety of the citizens of the City of Anaheim.
12. That one person indicated their presence at said public hearing in opposition and submitted
correspondence in opposition to the subject petition:
CAUFORNIA 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 here6y
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 retrievat 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.
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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 the theater shall be properly contained. in trash bins contained within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shail 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 substantiaily 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 within 30 days from the date of this resolution, all bar6ed wire shail be removed from the subject
property.
10. That within 90 days from the date of this resolutian the parking lotshail be resurfaced and restriped in
conformance with Code requirements.
11. That prior to commencement of the activity, or within ninety (90) days from the date of this resolution,
whichever occurs first, Condition Nos. 6, 7, 9 and 10, above-mentioned; shall be compiied with. `
Extensions for further time to complete said conditions may be granted in accordance with Section "
18.60.170 of the Anaheim Municipal Code.
12. That approval of this application constitutes approval of the proposedrequest 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 orrequirement.
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 vf any court of competent jurisdiction, then this Reso{ution,
and any approvals herein contained, shall be deemed null and void.
BE lT FURTHER RESOLVED that the applicant is responsible for paying al{ charges related
to the processing of this discretionary case application within 15 days of the issuance of the finaF 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 appfication.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 22, 2006. Said resofution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to al proc dur nd may be replaced
by a City Council Resolution in the event of an appeaL ~,,,- `
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IRMA , NA EIM PLANNING COMMISSION
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ATTEST:
r
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior SecCetary 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: EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BIJFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
rc~ , 2006. ,
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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