PC 85-23RESOLUTION N0. PC85-23
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMFfISSION
THAT PETITION POR CONDZTIONAL USE PERMIT t~0. 2605 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Pecmit fcom CHE~~rER PETERSON AND BEVERLY ANN
COtdPTON, 327 North Shattuck Place, orange, Cal?fornia 92656, ownees of certain
~eal prooecty situated in the City of Anaheim, County of Orange, State of
Califotnia, described as:
PARCEL 2 AS SHOWN 0[d A MAP FILED IN BOOK 84 PAGES 5 THROUGH 8
OF PARCBL MAPS ?N THE OFEICE nF THE COUNTY RECORDER OF SAID
rOUNTY.
YJHEREAS, the City Plannin9 Commission did hold a public hearing at
the Civic Center in the City of Anaheim on Decembet 10, 1984, at 1:30 p.m.,
notice of said public hearing havinq been duly given as required by law and in
accordance with the provisions of the Anaheim t9unicipal Code, Chapter 18.03,
to hear and consi.der evidence for and against said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; said public hearing having been continued to the Planning
Commission meeting of January 21, 1985; and
WHEREAS, said Commxssion, after due inspecticn, inVestigation and
study made by itself and in its behalf, and after due consideration of all
evidence and reports uffered at sa.id hearing, does find and determine the
following facts:
1. That the proposed use is properly one for which a conditional
use peLmit ;s authorized by Anaheim Municipal Code Sections 18.44.050.010,
18.44.050.3n~ and 18.44.U50.320 to wit: to permit a multi-screen indooc
theatec and a semi-enclosed cestaurant with on-sale beer and wine, and with
waivers of the following:
a) SECTIONS 18.06.050.0232, - Minimum number of parking spaces.
18.06.050.0259, (787 sPaces required; 469 spaces
18.06.080 proposed)
AND 18.44.066.050
b) SECTIGN 18.84.062.012 - Flinimum ~t[uatural sel•back.
(50 feet required adjacent to Imperial Highway;
15 feet proposed)
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2. That tha cequested waiver (a) is hereby gcanted on th= basis
that the parkiny variance will not cause an increase in traffic congestion in
the immediate vicinity nor adversely affect any adjoining land uses; and that
the granting of th~ packin9 variance under the conditions imposed, if any,
will not be detrimental to the peace, health, safety or general welfare of. the
citizens of the City of Anaheim; and further on the basis that the petitioner
stipulated to cecord a covenant yuaranteeing that in the event a parkin9
deficiency occurs Hithin three (3) years following occupancy of the theater
and restaurant (said deL~ci.ency having been demonstrated in a parking demand
study to be funded by the pcoperty owner at L•he re4uest of tue City Traffic
Engineer) additional on-sike parkin9 (not to exceed an additional 318 spaces
fot a total of 787 spaces) will be provided in a manner approved by the City
Traffic Engineer. PC85-23
~0420r
3• That the requested waiver (b) is hereby granted on the ~asis
that thece are special circumstances app~icable to the property such as size,
shape, topoycaphy, location and surroundings which do not apply to other
identically zo~ad property in the same vicinity; and thal strict application
of the Zon:ng Code deprives the property of privileges enjoyed by otheL
properties in the identical zone and classification in the vicinity.
4. That the proposed use will not adversely affect the adjoining
'_and uses and the growth and development of the area in wliich it is proposed
l-o be located.
5• 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
detrin~ental to the particular area nor to the peace, health, saEety and
general welfare of the Citizers of the City of Anaheim.
6• That the granting of tl~e Conditional Use Permit under the
conditions impused, if any, will not be detrimental to the peace, health,
safety an~i general welfare of the Citizens of the City of Anaheim.
7• That the traffic qenerated by the proposed use w:ll not impose
an undue burden upon the streets and hignways desiyned and improved to carry
the tzaEfic in the area.
a- That no ene indicated their presence at the January 21, 1985
public hearing in opposition; two (2) persoc~s indicated r.heir pcesence at the
November 14, 1984 and December 10, 1984 nieetings and that no correspondence
was received in opposition to subject petition.
ENVIRON[4ENTAL IhIPAC: E'IC7llING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassif:y subject property from the
RS-A-47,OU0(SC) (Residential, Agricultural(SCenic Corridor Overlay)) Zone to
the CL(sC) (CO,,~mercial, Li.mited-Scenic Corridor overlay)) zone to permit a
multi-screen indoor theater and a semi-enclosed restaurant with on-sale beer
and wine, and with waivezs of minimum number of parking spaces and minimum
structural setback on an irr?gu]azly-~l;4r~•~ Yarcel oL Iand wnsisting of
approximately 4.4 acres locar_ed north and west of the northwest cocner of La
Palma Avenua and Imperial Highway; and does hereby approve the Negative
Declaration upon finding that it has considered the Negative Declaration
together with any comments received during the public review proc?ss and
further finding on the basis oC the initial study and any comments ceceived
that there is r.o substantial evidence that the project wil.l have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that ~he Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Uae Permit, upon
the following r.onditions wnich ar.e 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 tha Citizens of the City of Anaheim:
l. That the owner of subject property shall pay to the City of Anaheim
a fee Eor street lighting along La Palma Avenue in an amount as
determined by the Ci.ty Council.
That the ewner of subject property shall pay Lo the City of Anaheim
a Fee for tree planting purposes alon, La Palma Avenue in an ~~iount
as determined by the City Council.
-Z PC85-23
3. That prior to issuance of a building permit, primary water main fees
shali be paid to the City of Anaheim, in an amount as determined by
the Office of the Utilities General ptanaqer.
4. That prior to issuance of a building permic, the appropriate traffic
signal assessment Lee shal.l be paid to the City of Anaheim in an
amount as determined by the City Council for new conmercial
buildings.
5. That prior to issuance o£ a building permit, the owner of subject
Ptoperty shall pay the appropriate dcainage assessment fees to the
City of Anaheim in an amount as determined by the City Engineer.
6• That all driveways shall be designed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
7. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
8. That in the ev2nt subject property is to be di.vided for the purpose
of sale, lease, ur financing, a parcel map to r.eccrd the approved
division of subject property shall be submitted to and approved by
the City of Anaheim and then be recorded in the Office of the Orange
County Recorder.
9. That street ].ighting facilities alcng Imperial Y.ighway shall be
installed as required by the Utilities Cenecal Manager in accordance
with syecifications on file in the Office of Utilities Ceneral
t•fanager; and that security in thF form of a bond, certificate of
deposit, letter of credit, or cash, in an amount and form
satistactory to the City of Anaheim, shall be posted with the City
to 9uarar.tee the satisfactory complrtion oi the above-mentioned
improvements. Said secucity shall be posted with the City of
Anaheim prior to is;;uance oE building permits. The above-r.equired
improvei~ ~ts shall be installed prior to occupancy,
~~• "":~t cuLj~~e. ~,LU~ecty shall be srrved by underqround utilities.
1]. That prior to commencement oE structural framing, fire hydrants
shall be installed and charged as required and determined to be
necessary by the Chief of the F'ire Department.
12. That fire sprinklers shall be installed as required by the ~ity Fire
Marshall.
13. That trash storage aceas shall be provided ann maintained in
accordance with approved plans on file with t;ie Street Maintenance
and Sanitation Division.
14. That all air conditioning facilities shall be properly shielded from
view, and tl~e sound buffered from adjacent properties.
15. That the proposal shall comply with all signing requicetnents of the
CL(SC) Zone, unless a variance all.owing sign waivers is approved by
the Plannin ~ommission or City Council.
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16. Tt~a: a six (6)-foot high wall, fence or. other type of barrier shall
be constructed and maintained adjacent to th~ north property line to
prevent pedestrians from entering the adjacent railroad right-of-way,
17• That no alcoholic tevera,es, excep: beer and wine shall be sold or
consumed on the restaurant premises.
18• That this Conditional Use Permit is yranted subject to adoption of
an ordinance rezoning subject property in connection with
Reclassification No. 8q-g5_~}~ now pending.
19• That as specified in Anaheir~ hfunicipal Code Section 18.84.062,032
no roof mu~~nted eq~ipment, whatsoever, :hall be permitted.
20. That prior to issuance of a buildin '
plans for the propose~ drivewa 9 permit, appcoval of improvement
on Imperial Hig~way st~all be acgui ed f.rom ~Caltrans and ethelCity of
Anaheim Enyineeri~:^ n•,.• lane
7 L 1S1071.
21. That p~ior to final building and zoning inspections, the median
island on La Palma Avenue between Imperial Highway and Can on
Corporate Center to the west shall be reconstructed to
left turns to the satisfaction oF the Cit Y
accommodate
y Traffic Engineer.
Z2. That access to the proposed development from Zmperial Highway shall
be li~r,ited to righL turn ingress and right turn egress only.
23. That prior to final building and zoning inspections, the driveway on
Imperial Highway and 3,0-foot long deceleration lane on 7mperial
Flighway shall be constructed to the satisfaction of the City Tra~fic
Engineer. 5aid driveway on Imperial Highway shall be lucated
northerly of the beginning oF the south to eastbuund left turn lane.
Z~. That the restaurant shall not exceed an overall height (including
roof structure and/oc parapets) of thirty-five 135) fec:,
2S. That subject propecty st~all be developed substantially in accordance
with plans and speciEications on file Fiitt~ the City of Anaheim
marked Revision No. ~ og Exhibits Nos. 1 and 2, and Exhibit Nos. 3~
4 and 5; pCOVided, however, that the overall height of the
restaurant shall n~t exceed t}~irty-five (35) feet,
25. That in the event a parking deficiency occurs within three (3) years
following occ~pancy of the theater and restaurant (said deficiency
having been demonstrated in a parking demand study to be funded by
the property owner at the request of the City Traffic Engineer and
tO be reviewed and approved by the Cit•~ Traffic Engineer)
additional on-~ite purking (r.ot to exceed an additional 318 s
for a total oP 7g7 ~paces) shall be provided in a manner a ,
the Cit paces
Y;rafEic Engineer; and that a covenant shall be rec raea bn
a Eorm approved by the City Attorney~$ Office obligating the
peti~ioner and any future assignees tn provide such parking if
deficiency is found to er.ist.
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PC85-23 ~'
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27. That prior to issuance of a building permit, or within a period of
one year from the da~e of khis resolution, whichever occurs first,
Condition Nos. 1, 2, 3, ti, 5, 9, 18, 20 and 26, above-mentioned,
shall be complied with. ~xtensions for furthec time to complete
said conditions may be granted in accordance with Sectior. 18.03.090
of the Anaheim Fiunicipal Code.
28. That prior to f.ial building and zoning inspections, Condition Nos.
6, 7, 10, 12, 13, 14, 16, 19, 21, 22, 23, 24 and 25,
above-mentioned, shall be complied with.
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BE IT E'URTHER R~SOLVED L-hat the Anaheim City E~lanning Commission
does hereby find and determine that adoption of this Re=olution is expzessly
pcedicated upon applicant's corpliance ~vith each and all of the conditions
hereinabove set forth. Should any such conditions, or any pact thereof, be
declared invr.lid or unenforceable by the final judgment of any court of
competenk jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed nuli and void.
THE FOREGOING RESOLUTION is cigned and approved by me this 215t day
of January, 1985. , /
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--CFIAITiNAK, ANAHEIM C TY PLANi]ING COMMISSION
ATTE:ST: ~ /J
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SECRETARY, ANAHEIDt CITY PLAN;IING CO~iMISSiON
STATE OF CALZFORNIn )
COrJNSY OF ORANGE ) ss.
CITY OF ANAHEI61 )
I, Edith L. Fiacris, Sec[etary of ttie Anaheim City Planning
commi~cion, do har~by certify rh~r th^ for^;2 n; rc^o!u:ion r%a~ g~~~ed 3nd
ad~pted at a meeting of th,e nnaheim City Planning Commission held on January
21, 1985, by the following vote of the members thereoE:
AYES: COPII~IISSIONERS: BOUAS~ BUShORE, FRY, !{F.RBST, KING, LA CLAIRE
MC BURNEY
NOES: CODiMISS1UNEP.S: NONE
ABSENT: COPIMISSIONEES: NUNE
ZN WITNESS WLIEREOF, I have hereunt~~ r;et my hand this 71st day of
January, 1985. ~ /J
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SF.CRETARY, AA:P.HF.IM CITY PLANNING COD1t4ISSI0N
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kC85-23