PC 85-261RESOLUTION NO. PC85-261
P. F.GSOLUTIOP~ OF THE ANAHEIM CITY PLANNING COMMISSION
REVISING RESOLUTION h0. PC80-267 GRANTED IN CONJUNCTION WITH
CONDITIONAL USE PERMIT N0. 2144, TO REFLECT REVISED PLANS~
WAIVEP,S AND CONDITIONS
WHEREAS en November 17, 1980, the Ananeim City Planning Commission
yranted Conditional Use Permit No. 2144 (Resolution No. PC85-207) to permit a
performing atts theatre wich on-sale beer and wine, and with waivers of
minimum number of parking spaces (458 on-s;.te spaces required, 650 off-site
spaces proposed) and mini*aum landscaped setback (10-feet requ.ired, 5-feet
proposed) located at the ncrtheast co:ner of eroadway and Philadelphia Stteet;
and
WNEREAS, the petitioner submitted a request for consideration of a
proposal consisl-ing of revised plans and revised waivers to permit a
perfor.ming arts theatre and entertainment center and a restaurant with on-sale
alcohol and with waivers of minimum number and type of parking spaces (963
on-site spaces required, 650 off-site spaces proposed) and minimum landscaped
setback (10 feet adjacent to Broadway requirec9, 3 feet proposed) located at
the northeast corner of Broadway and Philadelphi.a Street; and
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on De~ember 9, 1985, at 1:30 p.m.,
not±ce oE sa±d public hearing having been duly given as required by law and in
accordance with the provisions of the At~aheim rtunicipal Code, Chapter 18.03,
to hear and consider ~vide~ce for and against said revised oroposal and
revised plans in connection with Conditional Use Permit No. 2144, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commis:;ion, after due inspection, ir.vestigation and
study made by it~elf and in its behalf, and after due considerakion 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 coaditional use
permit is authorized by Anaheim Municipal Code Sections 18.44.050.010 and
18.44.050.320 to wit: to parmit performing arts theatre and entertainment
center and a res~aurant with on-sale alcohol with waivers of:
(a) SECTIONS 18.06.050.0231
18.06.050.0259
18.06.080 AND
18.44.066.050
(b) SECTION 18.44.063.010
~- Minimum number and type of parkina spaces.
~ (963 on-site spaces required;
_ 650 off-site spaces proposed)
- Minimum iandscaped setback.
(10 feet adjacant to Broadway required;
3 feet ~,roposed)
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2. That the reque;ted waiver (a) is hereby granted on the basis that
the parking waiver will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect any adjoining land uses and granting of
the parking waiver under ttie conditions impesed, if any, will not be detrimental
to the peace, health, safety and general welfare oE the citizens of the City of
Anaheim because activiti.es in the entectainment center will not take place
ducing regular daytime business hours; and further on the basis that the
petitioner has entered into an agreement with the City of Anaheim to provide 650
off-site parking spaces; and further that the petitioner agteed to record a
covenant approved by the City TraEfic Engineer agreeing that if a parking
deficiency occurs Eollawing occupancy to provide additional on-site parking
spaces not to exceed an a3ditional 313 spaces for a total of 963 in conformance
with Code requirements.
3. That the requested waivec (b) is hereby granted on the basis that
there are special circumstances applicable to tt~e property sucii as size, shape,
topography, location and surrounding:: which do not apply to other identically
zoned property in the same vicinity; and that stcict application of the Zoning
Code deprives the property of privileges enjoyed by othec properties in the
identical zone and classi°ication in the vicinity.
4. That the proposed use will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be
located.
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 r:ot detrimental to
the particular area nor r_o the peace, t,ealth, safety and general welfare of the
Citizens of the City of Anaheim.
6. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will nut be dctrimental to the peace, hPalth, ~afety and
general welfate of the Citizen~ of the City of Anaheim.
7. That the traffic generated by the proposed use will not impose an
undu~ burd?n t;pon th^ ~_:eetc and I;iyt;::aYS dasiy~ced and improved to carry the
traffic in the area.
8. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMP~CT FINDING: A Negative Declaration was previously
approved on November 17, 1980, in connection with this project.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant an amendment to Resolution No. PC80-227 replacing the
conditions approved in connection with Conditional Use Permit No. 2144, with the
following conditic~ns which are hereby found to ue a necessary prerequisite to
the proposed use of tlie subject property in order to preserve the safety and
general welfare of the citizens of the City of Anaheim:
1. That subject property shall acquire access rights from the City of
Anaheim for the use of the private drive t~ the north of subject
property,
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2. That the proposal shall comply with all signing requirements of the CL
Zone, unless a variance allowing sign waivers is approved by the
Planning Commission or City Council.
3. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Revision No. 1 of Exhibit Nos. 1~hrough 5.
4. That in the event a parking deficiency occurs following occupancy of t6e
subject property (said deEiciency having been demonstrated in pazking
demand study to be Eunded by the property owner at the request of the
City Traffic Engineer and to be reviewed and apuroved by the City
Traf.[ic Engineer), additional on-site parking (not to exceed an
additional 313 spaces for a total of 963 spaces (Code requirement))
shall be pruvided in a manner appro~ed by the City TraEfic Engineer; and
that a covenant shall be recorded in a form approved by the City
Attorney's Office obligating the oetitioner and any future assignees to
provide such packing if a deEiciency is found to exist. Said covenant
shall be recorded prioc to issuance of building permits.
5. That prior to the issuance of bui.lding permits, Condit.ion Nos. 1 and 4,
abot~e-mentioned, shall be complied with.
6. That prior to final building and zoning inspections, Condition No. 3,
above-mentioned, shall be complied with.
BE IT t~URiriEn RESOLVLD tP~at the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expcessly
predicated upon applicant'~ compliance with each and all of the conditions
hereinabove se~ forth. Should any such conditions, or any part thereof, he
declared inva.lid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, sha11 be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 9th day of
December, 1985.
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CHAIRWOMAN~ ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETAR ~ ANAHEIM CITY PLANNING COMMISSION
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PC85-261
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'i ST.ATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
' CITY OF ANAHEIM )
Z, Edith L. Har~is, Secretary of the Anaheim Ci~y Planr.ing Commission,
do hereby certify that the foregoing resolution was passed and adopted at a
meetin~ of the Anaheim City Planning Commi~sion held on December 9, 1985, by
`. the £ollowing vote of th~ members thereof:
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AYES: COM.DIISSIONERS: BOUAS, HERSST, LA CLAIRE~ LAWICKZ, MC BURNEY~ MESSE
NOES: COMMISSIONERS: FRY
ABSEN'i': C0I4MISSIONERS: NONE
IN WITNESS WFIc,REOF, I have hereunto set my hand this 9th day of
~ December, 1985.
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SECRETARY~ ANAHEIM CITY PLANNII~G COMMISSION
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