Resolution-PC 94-65RE L~J]'ION N0. PC94-6~
A RESOLUTION OF THE ANAHEIM CITY PLANNING GOMMISSION
AMENDING CERTAIN CONDITIANS OF APPROVAL OF
CONDITIONAL USE ?ERMIT NO. 3263
WHEREAS, (:onditional Use Parmit No. 3253, permitting a commerciai retail center and a
semi-enclosod restaurant with on-salo alcoholic bevarec~es and with waiver of minimurn number of parkfng
spaces, minimum structural sotbar,k and prohibited roof-mounted c~quipment for property located at 5E45
to 5675 EASt La Palma Avenue, was Approved by the City Council on September 11, 1990 under Resolu4lon
N~. 90R-353; and
WH[R~AS, on November 1,1993, tho Plan~ing Commission d(racted that subject conditlonal
uso permft be readveriised to consfr~er possible revocation or modificat.ion io condit(ans of approval for an
existir~g commorclal rotail cQnter (Imperial Promenade). This dACision was based on planned construction
being aompleteci, ex(sting tr2ffic cfrculat(on and parking issues on subject property and adJacent property
(Cinemapolf~), and compllance w(th previous conditians of approval and Code requirements.
WHEREAS, the City Planning Cumrnission did hold a public hearfng at the Civic Center In
the City af Anaheim on January 10, 199a, at ~•30 p.m., notice of safd public hdarfng having been uuly
glven as requirocl by law and in accordance with the provfsions uf the Anaheim Municipal Code, Chaptor
18.03, to hoar and cons(dor ovidence for and ag~inst sald praposed amendment and to investigate and
make findings anci recommandations in connaction therewith; and tfiat said public hoarfng was continued
to the January 24, February 7, March 21, April 18, May 2, May 16, and June 1, 199~1 Planning Commission
meetings; and
WHEREAS, sald Commiss(on, after due inspection, investigatlon and study made by Itself
and in fts behalf, and aiter due considoration of ell evidence and reports ~Nerad at sald hearing, does iind
and determine the following tacts:
~t. Zoning Code Section 18.03.091 states that conditional use permits may be modified or terminated
on certa(n grounds, including one or more oF thd following:
a) That thE use permit granted Is being, or recentiy has been exercised contrary to the terms or
conditions of such approval, or in violation oF any statute, ordinance, law or regulation;
a) That tha use permit tor which the approval was granted has been ~o exercised as to be
detrimental to the public heaith or s~.~fety, or so as to constftute a nuisance; and/or
c) Tt~at any such moditication, fncluding tho imposid~n of any additfonal conditions thereto, is
reasonably nacessary to protoct the publ(c paaco, health, safety or general welfare, or necessary
to permit reasonable oporation undor the conditlonal use permit or varlance as gr~nted.
2. That Sectfon 18.03.(-91 "Terminatfon or Modiffcation of Amendments, Conditional Use Permits or
Variances (Procodures)" of the Anahe(m Municipal Code authorizes tho Planning Comrnission to
determfno whether grounds exist for the mndification or terminatinn of a conditionai use psrmit.
3. That an Independent parkfng stuciy, tttled "ICimley-Horn and Associatos April 4, 1994 F'arking Study,
was prepared to anafyze the vehicular circulation and parking on subJect propertiAS (Imperial
Promenade and (:Inemapolis) with thQir varfed uses.
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l, That city staff has met with or corresponded with the property ownors 12 times from February 1993
through D9cember 1993, to discuss numerous Issues incfuding: as-built plans, status of construction,
on-site trafiic congestion, parking durinfl construction, possible o(f-site parking, improvoments to
parking area Ilc~hting to encourage use by customers, possible closure pf an on-site driveway,
diractional signs, valet parking, opeiiing of thQ parkiny structure, parkinp supply status on both
properties, increa~ed driveway aisle width, closure of the center medlan in Ltt Palma Avenua, traffic
signal(zati~n at La Palma Avenue and Imperial Highway, possible vehiculer access irAm lmporlal
Highway, possible Redevelopment assfstance with trafifc siflnal funding, increased length of theater
(ntermissions, constructlon oF a c(rcular driveway near the box office, cost of traffic signalization, etc.
5. Th~t, based on the fndependent parking study, an April 12, 1994 meeting betwoen city staff and
rdpresentatlves of the two subJect propertles, and proporty owner evaluation, the Cfty TrAffic and
Transportation Manager made recommendatlons regard(ng the conditions of approv~l for subJect
conditlonal use permit as well as Conditional Use Permit Nos, 2905 and 3414 (Cinemapalis).
6. That, based on tho abovo-refer~nc:ed parkl~~g study, the April 12, 1994 meating, and testimnny given
at the Jun~ 1, 1994 publlc hoarin4~, the Planning Commission determined to modify Conditional Use
Pormit NcS. 2905 and 3414 (Cfnemapolis movie theGter) and 3253 (Imperfal Promonade shopping
centei~) to add a new condition to each use permit roquirinfl a cooperativa agreement with the
Anaheim R~cievslopment Agency for each property owner to pay thelr fair share (25''~6 of the actual
full cost) of the in~tallatlon cost for a tra(fic signal at the driveway on La P~Ima Avanue, and for oach
property owner to provide the nec9ssary easoments for the operatlon of said traff(c siynal, within a
period of sixt,y (60) days after approva~ of thfs condition.
7. That no one indicated thelr prasence at said pubUc hearing in oppositlon; and that no
correspondonco was received in opposltion to the subJect petition.
GALIFORNIA ENVIRQNMFNTAL ~IJALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposaci project lucated on an irregularly-shapecl parcel
of land consisting of approximatel~ 4.4 acres loooted north and west of the northwest corr~er of La Palma
Avenu9 and Imporial Highway, having approximate front~ges of 80 feet on the north side of la Palma
Avenue, ancl 708 feet on the west side of Imperial lifghway and further described as 5645 - 5675 East La
Palma Avenue; falls within the definition of Categc+rfcal Exemptions, Ciass 21, as dollned in the State EIR
Guideiinos and Is, theroTore, catec~or(caily exempt from tho requirement to prepare an EIR.
NOW, THEREFOfiE, BE 17 RESOLVCD that the Anaheim Cfty Planning Commisslun doas
hereby aR~end P.esolution No. 90R-353, ad4pted In connection with Conditional Use Permit No. 3253, by
adding the following new conditfon thereto:
35. Thai tho Imperial Promanade property owner shail enter into a cooperative agreemont with the
Anaheim Redevelopment Agency, and shall ~y thoir iair share af tho actual fuli cost tor (nstallation
oi a traHic signal and shalt provfde easements on thelr property for the operation of the trafiic signal
on La Palma Avenue at the driveway for the property wfthin sixty (60) deys of approval of thls
conditlon by the Plannfng Commission and/or the Cfty Council. The cost part(cipation for the traHic
signal shall be twenty five percent (2596) of the total cost of the traffic sign2l for Clnem~apolis (2596
currently astimated to bo $32,250 but ~ubJect to change based on actual cost) and twenty fNe
percent (259b) for Impnrial Promenade (25°,6 currently estlmated to bo $32,250 but subject to ~hange
basQd on actual cost). ThQ fair share payrnents for the traffic signal shall bo deposited with the
Anaheim Redevelopment Agency prior to the solicftation of constructfon bids for the traffic signal,
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THE FQRCGOING RESQLUTION was adopted at the Plannin~ mmissfon meeting of
June 1, 1994.
.P./L -~.. ~
CHAI MAN, ANAHEIM C TY PLAN G COMMIuSION
A1TES1':
~~'~.:'L .?Q~ ~ ~ ,~ .•,r ~
uEL` Ll'ARY, ANAHEIfv)%~ ITY PLANNING COMMISSION
~/' ~/
STATE OF CAUFONNIA )
COUNTY OF QRANGE ) ss.
GITY OF ANAHEIM ) ,
I, Janet L. Jensen, Secretary of tha Anahelm City Planning Commission, da hereby certify
that the foregoing resolution was passetl and adopted at a meeting of the Anahelm City Planning
Commission held on June 1, 1994, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, CALqWELL, HENNINGEP, MESSE, PERAZA, TAIT
NOES: COMMISSIONERS: NONE
ABSENT: CQMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this L1~ day of ~~~ ~ ;,
1994. !
J, " r ~r~ •' 7 ' ~~ ;
SE ETA~Y, ANAHEI CI'fY PLANNING COMMISSION
~ ~ ~'
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