RES-2014-034 RESOLUTION NO. 2014 -034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING (1) MODIFICATIONS OF THE
CONDITIONS OF APPROVAL FOR CONDITIONAL USE
PERMIT NO. 3414 RELATED TO A THEATER COMPLEX
LOCATED AT 5635 EAST LA PALMA AVENUE, AND (2)
THE ADDITION OF NEW CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2008 - 05372,
CONDITIONAL USE PERMIT NO. 2008- 05372A AND
VARIANCE NO. 2009 -04795 RELATED TO A PROPOSED
COMMERCIAL RETAIL CENTER LOCATED AT 5635 EAST
LA PALMA AVENUE.
(DEV2009- 00042A)
(5635 EAST LA PALMA AVENUE)
WHEREAS, on August 17, 1987, the Planning Commission of the City of Anaheim
(herein referred to as the "Planning Commission ") approved Conditional Use Permit No. 2905 to
permit the construction of a 40 -foot high multi - screen indoor theater complex with a waiver of
the minimum number of parking spaces then required by the Anaheim Municipal Code (herein
referred to as the "Code ") from 712 to 478 on that certain real property located at 5635 East La
Palma Avenue in the City of Anaheim, as generally depicted on the map attached hereto as
Exhibit A and incorporated herein by this reference (the "Property "). On January 16, 1989, the
subject petition was re- advertised for review of revised plans, which were subsequently approved
by the Planning Commission to permit a 55 -foot high, 2,500 seat multi - screen indoor theater
with a waiver of the minimum number of off - street parking spaces then required by the Code
from 757 to 526, which represented 80% of the Code - required number of off - street parking
spaces; and
WHEREAS, the Property is located in the Commercial Area (Development Area 5) of the
Northeast Area Specific Plan Area and is subject to the zoning and development standards of
Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP 94 -1)
Zoning and Development Standards) of the Code; and
WHEREAS, by the adoption of its Resolution No. 91 -110 on July 29, 1991, the Planning
Commission approved Conditional Use Permit No. 3414 (herein referred to as "CUP 3414 ") to
permit the expansion of the aforementioned multi- screen indoor theater complex and to construct
a 29 -foot high parking structure with 160 parking spaces for the purpose of meeting the Code -
required off - street parking requirements. CUP 3414 required that the number of seats in the
theater complex would not exceed a number such that the number of off - street parking spaces
provided would be less than 80% of the number of parking spaces then required by the Code
based upon the number of seats in the theater complex; and
WHEREAS, in response to the request of the then petitioner for approval of a revised site
phasing plan relating to the delayed construction of the aforementioned parking structure, the
Planning Commission adopted its Resolution No. PC92 -122 on October 19, 1992, approving the
construction of the expansion of the theater complex as Phase I and the construction of the
aforementioned parking structure as Phase II so long as the available parking spaces for the
theater complex, consisting of both on- and off -site spaces, would at all times comprise 80% of
the minimum number of parking spaces then required by the Code for the theater complex. The
Planning Commission also added three (3) additional conditions of approval to CUP 3414,
which, among other things, required the petitioner to submit a plan to the City showing the
number, location and size of all existing on- and off -site parking spaces together with parking
agreements committing off -site parking spaces for use by the theater complex subject to the
requirement that the total combined number of spaces would be at least 80% of the minimum
then required by the Code for all the seats in the theater and provided that the number of seats in
the theater complex would be reduced if the 80% requirement could not be achieved; and
WHEREAS, upon appeal of the decision of the Planning Commission contained in its
Resolution No. PC92 -122, the City Council of the City of Anaheim (herein referred to as the
"City Council ") adopted its Resolution No. 92R -246 on December 8, 1992, amending CUP 3414
and Planning Commission Resolution No. PC91 -110, which action had the effect of approving a
revised site phasing plan relating to the delayed construction of the aforementioned parking
structure and adding the same three (3) conditions of approval that had been added by the
Planning Commission by the adoption of its Resolution No. PC91 -110, which are set forth herein
below 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 -1/2] 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, verify 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 eighty
percent (80 %) of the minimum required by Code for all the seats in the
theaters. If the minimum eighty 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.
(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.
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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 is 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.
30. 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 hearing(s) would be to modify the condition(s) of approval or
other aspects 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."
WHEREAS, Conditional Use Permit No. 2905, CUP 3414 and Planning Commission
Resolution No. PC91 -110, as amended by City Council Resolution No. 92R -246, shall be
referred to herein collectively as the "Theater Entitlements "; and
WHEREAS, the conditions of approval which were the subject of the Theater
Entitlements shall be referred to herein collectively as the "Theater Conditions of Approval" and
constitute a part of the Theater Entitlements such that any reference to the Theater Entitlements
in this Resolution is deemed and construed to refer to both the Theater Entitlements and the
Theater Conditions of Approval; and
WHEREAS, pursuant to the Theater Entitlements, the Property was thereafter developed
and is currently improved with a 1,795 -seat movie theater and 190 -space parking structure,
which may sometimes be referred to in this Resolution as the "Theater Complex "; and
WHEREAS, on December 8, 2009, and subject to certain conditions of approval, the City
Council, by its Resolution No. 2009 -174, approved Conditional Use Permit No. 2008 -05372 and
Variance No. 2009 -04795 to permit the construction on the Property of a 10,000 square foot
commercial retail building with fewer parking spaces than required by the Code; and
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WHEREAS, on January 14, 2013, and subject to certain conditions of approval, the
Planning Commission, by the adoption of its Resolution No. PC2013 -004, approved Conditional
Use Permit No. 2008- 05372A, which operated to amend Conditional Use Permit No. 2008-
05372 and permitted the construction of a 3,591 square foot drive - through restaurant in
conjunction with a 4,375 square foot retail building with an outdoor dining area consisting of 500
square feet (herein referred to as the "Retail Uses "). The Planning Commission concurrently
approved that portion of Variance No. 2012 -04917 that permits the installation of sign cabinets
on an existing legal non - conforming freestanding sign at the Property; provided, however, that
the Planning Commission denied that portion of Variance No. 2012 -04917 that would have
permitted the installation of an electronic reader -board sign in place of an existing legal non-
conforming freestanding sign at the Property; and
WHEREAS, Variance No. 2009 -04795 was not amended or modified concurrently with
the Planning Commission's approval on January 14, 2013 of Conditional Use Permit No. 2008 -
05372A because the number of parking spaces proposed for the Retail Uses approved under
Conditional Use Permit No. 2008- 05372A were essentially the same as the number of parking
spaces that had been approved in 2009 under Conditional Use Permit No. 2008 - 05372; and
WHEREAS, upon appeal of the Planning Commission's action, as evidenced by the
adoption of its Resolution No. PC2013 -004, and following a noticed public hearing held on
March 5, 2013, the City Council adopted its Resolution No. 2013 -041, which had the effect of
upholding the action of the Planning Commission, i.e., approval of Conditional Use Permit No.
2008- 05372A and a portion of Variance No. 2012 - 04917; and
WHEREAS, Conditional Use Permit No. 2008 - 05372, Conditional Use Permit No. 2008 -
05372A, Variance No. 2009 -04795 and Variance No. 2012 -04917 shall be referred to herein
collectively as the "Retail Entitlements "; and
WHEREAS, the conditions of approval which were the subject of Conditional Use
Permit No. 2008 -05372 and Variance No. 2009 -04795 were amended, modified and
supplemented by the adoption of City Council Resolution No. 2013 -041. Accordingly, the
conditions of approval which were imposed upon the Retail Entitlements shall be referred to
herein collectively as the "Retail Conditions of Approval" and constitute a part of the Retail
Entitlements such that any reference to the Retail Entitlements in this Resolution is deemed and
construed to refer to both the Retail Entitlements and the Retail Conditions of Approval; and
WHEREAS, following the adoption of City Council Resolution No. 2013 -041 on March
5, 2013 and in response to a request that the City Council rehear Conditional Use Permit No.
2008- 05372A and Variance No. 2012- 04917, the City Council denied the rehearing request at its
regular meeting of April 16, 2013 but directed the Planning Commission to reconsider the
findings for the original parking variance granted for the Theater Entitlements and the Retail
Entitlements; and
WHEREAS, thereafter, the petitioner for the Retail Entitlements requested the
elimination of any and all conditions of approval contained in the Theater Entitlements and the
Retail Entitlements that required or permitted the use of off -site parking spaces to satisfy the
Code - required off - street parking requirements for both the Theater Complex and proposed Retail
Uses and, instead, to have the Planning Commission consider whether that certain parking study
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entitled Parking Study Update for Cinema City, dated November 11, 2013, as prepared by
Linscott, Law and Greenspan, Engineers (herein referred to as the "Parking Study "), is sufficient,
based upon the operational characteristics of both the Theater Complex and proposed Retail
Uses, to satisfy the findings required for the approval of a parking variance in accordance with
Section 18.42.110 of the Code. Moreover, changes in some of the uses comprising the Retail
Entitlements since the approval by the City Council on March 5, 2013 of the Retail Entitlements
by the adoption of its Resolution No. 2013 -041 have resulted in an increase in the Code - required
number of off - street parking spaces for the proposed Retail Uses; and
WHEREAS, based upon (1) the elimination of any and all conditions of approval
contained in the Theater Entitlements and the Retail Entitlements that required or permitted the
use of off -site parking spaces to satisfy the Code - required off - street parking requirements for the
Theater Complex and the proposed Retail Uses, and (2) the increase in the Code - required
number of off - street parking spaces for the proposed Retail Uses resulting from changes in some
of the retail uses (collectively referred to herein as the "Changed Circumstances "), the number of
parking spaces that would be available for the Theater Complex and the proposed Retail Uses,
upon build -out of the proposed Retail Uses, would be 456, while the number of off - street parking
spaces required by the Code for the Theater Complex and the proposed Retail Uses is 662; and
WHEREAS, Section 18.60.200 of the Code authorizes the Planning Commission, at the
direction of the City Council, to revoke or modify any discretionary land use permit that has
been granted pursuant to the Zoning Ordinance on the basis of evidence and testimony submitted
at a public hearing, if it finds, among other findings, that "the use or variance for which the
approval was granted has not been exercised and that, based upon additional information or due
to changed circumstances, the facts necessary to support one or more of the required findings for
the original approval of such entitlement ... no longer exist ". The Retail Entitlements have not
been exercised as of the date of this Resolution and the number of off - street parking spaces
proposed to serve the proposed Retail Uses and the Theater Complex has resulted in Changed
Circumstances; and
WHEREAS, Section 18.60.200 of the Code also authorizes the Planning Commission to
(1) modify the Theater Entitlements and /or Retail Entitlements provided that "any such
modification, including the imposition of any additional conditions, is reasonably necessary to
protect the public peace, health, safety or general welfare, or necessary to permit reasonable
operation under the permit as granted ", and (2) "change conditions or add new conditions as
necessary to correct problems or violations relating to the [Theater Complex and /or proposed
Retail Uses] ... [and /or to] modify conditions or add new conditions to preserve the integrity
and character of the zoning district, or to secure the general purposes of the [City's] zoning
ordinance and the General Plan "; and
WHEREAS, pursuant to the authority conferred upon it by Section 18.60.200 of the
Code, the Planning Commission held a public hearing at the Civic Center in the City of Anaheim
on December 16, 2013, notice of said public hearing having been duly given as required by law
and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and
consider evidence related to the direction given by the City Council to reconsider the findings for
the original parking variance (i.e., Variance No. 2009 - 04795) granted for the Retail Entitlements
and to investigate and make findings and recommendations in connection therewith. Staff
recommended to the Planning Commission at that hearing that, notwithstanding the existence of
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Changed Circumstances since the Retail Entitlements had been approved by the City Council by
its adoption of Resolution No. 2013 -041 on March 5, 2013, the modification of the conditions of
approval for the Theater Entitlements and the Retail Entitlements and the addition of new
conditions of approval for the proposed Retail Uses satisfy the findings required under Section
No. 18.42.040.010 of the Code to support the original parking variance granted for the Theater
Entitlements and the variance granted in support of the Retail Entitlements, i.e., Variance No.
2009 - 04795; and
WHEREAS, following the close of the public hearing of the Planning Commission on
December 16, 2013, a motion to approve the staffs recommendation resulted in a 3 -3 tie -vote,
meaning that the decision of the Planning Commission represented neither an approval nor a
denial. Thereafter, failing on a tie -vote of its members on a motion to refer the matter to the City
Council pursuant to the authority granted by the Planning Commission Procedures and Rules of
Order, the matter was deemed automatically continued to the next regular meeting of the
Planning Commission on January 13, 2014 for further consideration; and
WHEREAS, after due inspection, investigation and study made by itself and in its behalf,
and after due consideration of all evidence and reports offered at the public hearing held before
the Planning Commission on December 16, 2013 and its consideration of answers to questions
• posed to staff and discussion and deliberation of its members at its regular meeting held on
January 13, 2014, the Planning Commission found and determined, by a vote of 4 -3, that it could
not support staffs recommendation. As a result and based upon additional information and
Changed Circumstances, a majority of the members of the Planning Commission concluded that
the facts necessary to support one or more of the required findings for the original approval of
Variance No. 2009 -04795 no longer exist; and
WHEREAS, upon the presentment to the Planning Commission at its regular meeting on
January 27, 2014 of a resolution containing the findings and determination made by the Planning
Commission at its regular meeting on January 13, 2014, the members of the Planning
Commission then present tied, by a vote of 3 -3, on a resolution revoking Variance No. 2009-
04795. Accordingly, and pursuant to the "Planning Commission Procedures and Rules of
Order ", the matter was "deemed automatically referred to the City Council without action or
recommendation [of the Planning Commission] for such further proceedings as may be required
by law "; and
WHEREAS, the City Council did set the 18 day of February, 2014, as the time, and
the City Council Chamber in the Civic Center, as the place, for a public hearing to hear and
consider evidence related to reconsideration of the findings for the original parking variance (i.e.,
Variance No. 2009 - 04795) granted for the Retail Entitlements and to investigate and make
findings and recommendations in connection therewith. Notice of said public hearing has been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code; and
WHEREAS, under the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as "CEQA ") and Title 14 of the California Code of
Regulations (herein referred to as the "State CEQA Guidelines "), the City Council finds and
determines that the proposed Retail Uses, including the modifications or changes to the Theater
Entitlements and the proposed Retail Entitlements, is within that class of projects which consist
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of the construction and location of limited numbers of new, small facilities or structures. Section
15303 of the State CEQA Guidelines provides examples of projects that qualify for an exemption
from the provisions of CEQA. The one example that is applicable to the proposed project is for
"up to four ... commercial buildings [such as a restaurant or similar structure] not exceeding
10,000 square feet in floor area on sites zoned for such use if not involving the use of significant
amounts of hazardous substances where all necessary public services and facilities are available
and the surrounding area is not environmentally sensitive." The proposed project fits within that
example and, therefore, pursuant to Section 15303 of Title 14 of the California Code of
Regulations, will not cause a significant effect on the environment and is, therefore, categorically
exempt from the provisions of CEQA; and
WHEREAS, based upon the elimination of any and all conditions of approval contained
in the Theater Entitlements (i.e., the three (3) conditions of approval set forth in the fifth recital
of this Resolution, above) and those contained in the Retail Entitlements that required or
permitted the use of off -site parking spaces to satisfy the Code - required off - street parking
requirements for both the Theater Complex and proposed Retail Uses and pursuant to the
authority conferred upon it by Section 18.60.200 of the Code, the City Council, 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:
SECTION NO. 18.42.040.010 Minimum number of off - street parking spaces:
(662 spaces required; 456 spaces proposed)
1. Based upon the Parking Study, the contents of that certain letter,
dated March 31, 2011 from Pirzadeh & Associates, Inc. to Ms. Brittany DeBeikes
relating to a Parking Utilization Study for Imperial Promenade (herein referred to
as the "Pirzadeh Study "), the revised parking plan for the Property, the
observations of parking demand made by Planning Division staff, and under the
conditions to be modified and those new conditions to be imposed, the proposed
Retail Uses, together with the Theater Complex, will not cause fewer off - street
parking spaces to be provided than the number of such spaces necessary to
accommodate all vehicles attributable to the Theater Complex and proposed
Retail Uses under the normal and reasonably foreseeable conditions of operation
thereof; and
2. The site design and revised parking plan, under the conditions to
be modified and those new conditions to be imposed, will not increase the
demand and competition for parking spaces upon the public streets in the
immediate vicinity of the Property because all parking will be contained on the
Property. No parking is permitted on the public streets in the immediate vicinity
of the Property; and
3. The site design and revised parking plan, under the conditions to
be modified and those new conditions to be imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the
immediate vicinity of the Theater Complex and proposed Retail Uses because all
parking will be contained on the Property. This finding is based upon the findings
and conclusions contained in the Parking Study, the Pirzadeh Study, the
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observations of parking demand made by Planning Division staff, and the
conditions to be modified and those new conditions to be imposed, all of which
collectively demonstrate that there are enough parking spaces available on the
Property for the Theater Complex and the proposed Retail Uses. With enough
spaces on the Property, the demand and competition for parking spaces will not be
increased upon adjacent private property in the immediate vicinity of the Theater
Complex and proposed Retail Uses; and
4. The site design and revised parking plan for the proposed Retail
Uses will allow appropriate on -site circulation for both the proposed Retail Uses
and the Theater Complex. Conditions of approval have been included to improve
circulation on the Property. These conditions include a requirement for on -site
way finding and directional signs to direct traffic through the Property, the closure
of the southern-most entrance to the parking area south of the theater, as accessed
via the main entry driveway from La Palma Avenue, and striping of the main
southbound exit driveway at La Palma Avenue to clearly delineate the left-turn
lane, and the associated left-turn and through -right arrows. Accordingly, the
revised parking plan, under the conditions to be modified and those new
conditions to be imposed, will not increase traffic congestion within the off - street
parking areas or lots provided for the Theater Complex and proposed Retail Uses.
The design for the proposed Retail Uses will allow adequate on -site circulation
for both the proposed Retail Uses and the Theater Complex; and
5. The driveway exiting at the signal onto La Palma Avenue will be
striped to direct vehicles into right -turn and left -turn lanes. The closure of the
southern-most entrance to the parking area south of the theater, as accessed via
the main entry driveway, will allow for greater staging of entering and exiting
vehicles. The western-most driveway on the Property will allow for ingress and
egress of vehicles for the commercial and restaurant portion of the parking lot.
With these on -site traffic circulation improvements, the revised parking plan and
the Project, under the conditions to be modified and those new conditions to be
imposed, will not impede vehicular ingress to or egress from adjacent properties
upon the public streets in the immediate vicinity of the Theater Complex and
proposed Retail Uses. The parking plan is designed to allow adequate on -site
circulation for the proposed Retail Uses and Theater Complex.
WHEREAS, pursuant to the authority conferred upon it by Section 18.60.200 of the
Code, the Planning Commission hereby finds and determines that the modification of the
conditions of approval for the Theater Entitlements and the addition of new conditions of
approval for the proposed Retail Uses is reasonably necessary to protect the public peace, health,
safety or general welfare, or necessary to permit reasonable operation of the Theater Complex
and the proposed Retail Uses under the Theater Entitlements and the Retail Entitlements, as
granted, or necessary to correct problems or violations relating to the Theater Complex and /or
proposed Retail Uses and to preserve the integrity and character of the zoning district, or to
secure the general purposes of the City's Zoning Ordinance and the General Plan; and
WHEREAS, subject to the modifications or changes to the Theater Entitlements and the
Retail Entitlements as provided in this Resolution, the City Council desires to confirm and ratify
8
all of the terms, provisions and conditions of the Theater Entitlements and the Retail
Entitlements and all of the findings previously made by both the Planning Commission and the
City Council with respect to the Theater Entitlements and the Retail Entitlements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANAHEIM AS FOLLOWS:
Section 1. The foregoing recitals are incorporated into this Resolution by this
reference and constitute a material part hereof.
Section 2. Conditions Nos. 28, 29 and 30 of the Theater Conditions of Approval are
hereby deleted in their entirety. Except as expressly modified in this Resolution, the Theater
Conditions of Approval and Theater Entitlements shall remain in full force and effect.
Section 3. The conditions of approval attached to this Resolution as Exhibit B and
incorporated herein by this reference hereby amend the Retail Conditions of Approval which
were the subject of the Retail Entitlements (i.e., Conditional Use Permit No. 2008 - 05372,
Conditional Use Permit No. 2008- 05372A, Variance No. 2009 -04795 and Variance No. 2012-
04917). Except as specifically amended by the conditions of approval attached to this
Resolution as Exhibit B, the Retail Conditions of Approval shall remain in full force and effect.
To the extent that there is any conflict or inconsistency between the conditions of approval
attached to this Resolution as Exhibit B and the Retail Conditions of Approval, the conditions of
approval attached to this Resolution as Exhibit B shall control and govern the Retail Uses to be
constructed on the Property.
Section 4. Subject to the modifications or changes to the Theater Entitlements and
the addition of new conditions of approval to the Retail Entitlements as provided in this
Resolution, the City Council hereby confirms and ratifies all of the terms, provisions and
conditions of the Theater Entitlements and the Retail Entitlements and all of the findings,
determinations and approvals previously made by both the Planning Commission and the City
Council with respect to the Theater Entitlements and the Retail Entitlements.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 18th day of February, 2014, by the following roll call vote:
AYES: Council Members Murray, Eastman, Brandman, and Kring
NOES: None
ABSENT: None
ABSTAIN: Mayor Tait
CITY OF ANAHEIM
--t
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
6
CITY CLERK OF THE CITY OF ANAHEIM
1 00064 -v 1 /TReynol ds
10
EXHIBIT "A"
DEV NO. 2009- 00042A
APN: 346- 281 -03
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273'
E LA PALMA AVE
° i 100 Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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11
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2008-05372A
VARIANCE NO. 2009-04795
VARIANCE NO. 2012-04917
(DEV2009- 00042A)
REVIEW SIGNED
NO. CONDITIONS OF APPROVAL BY OFF BY
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
1 The property owner /developer shall coordinate with Electrical Engineering Public
to establish electrical service requirements and submit electric system plans, Utilities,
electrical panel drawings, site plans, elevation plans, and related technical Electrical
drawings and specifications. Engineering
2 If required, prior to connection of electrical service, the legal owner shall Public
provide to the City of Anaheim a Public Utilities easement with dimensions Utilities,
as shown on the approved utility service plan. Electrical
Engineering
3 If the project has a landscaping area exceeding 2,500 square feet a separate Public
irrigation meter shall be installed in compliance with the Landscape Water Utilities,
Efficiency Guidelines. Water
Engineering
4 A private water system with a separate water service for fire protection and Public
domestic water shall be provided. Utilities,
Water
Engineering
5 All existing water services and fire lines shall conform to current Water Public
Services Standards Specifications. Any water service and /or fire line that Utilities,
does not meet current standards shall be upgraded if continued use is Water
necessary or abandoned if the existing service is no longer needed. The Engineering
owner /developer shall be responsible for the costs to upgrade or to abandon
any water service or fire line.
6 The owner /developer shall irrevocably offer to dedicate to the City of Public
Anaheim (i) an easement for all large domestic above - ground water meters Utilities,
and fire hydrants, including a five (5) -foot wide easement around the fire Water
hydrant and /or water meter pad. (ii) a twenty (20) foot wide easement for all Engineering
water service laterals all to the satisfaction of the Water Engineering
Division. The easements shall be granted on the Water Engineering
Division of the Public Utilities Department's standard water easement deed.
The easement deeds shall include language that requires the owner to be
responsible for restoring any special surface improvements, other than
asphalt paving, including but not limited to colored concrete, bricks, pavers,
stamped concrete, decorative hardscape, walls or landscaping that becomes
damaged during any excavation, repair or replacement of City owned water
facilities. Provisions for the repair, replacement and maintenance of all
surface improvements other than asphalt paving shall be the responsibility
of the owner.
-12-
7 The main southbound exit driveway at La Palma Avenue shall be restriped Planning
to clearly delineate the left turn lane, and the associated left turn and Department,
through -right arrows. The striping shall be shown on plans submitted for Planning
building permits. The striping shall be installed prior to first occupancy of Services
the proposed uses. The striping shall be permanently maintained as shown
on said plans.
8 The southernmost entrance to the parking area south of the theater, as Planning
accessed via the main entry driveway from La Palma Avenue, shall be Department,
closed and a landscaped planter connecting the existing landscaped planters Planning
on either side of the driveway opening shall be installed. This closure and Services
installation of the landscaped planter shall be shown on plans submitted for
building permits.
9 In the parking lot located south of the theater there shall be a total of 42 Planning
parking spaces clearly labeled with a time limitation for parking of 60 Department,
minutes. The method for labeling these spaces shall be included on plans Planning
submitted for building permits and shall be subject to review and approval Services
by Planning Department staff.
10 The items listed in the Improvement Summary included as Attachment No. Planning
5 to the staff report shall be included on plans submitted for building Department,
permits. Planning
Services
GENERAL
11 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, Police
and return it to the Police Department prior to initial alarm activation. This Department
form is available at the Police Department front counter, or it can be
downloaded from the following web site:
http://www.anaheim.net/article.asp?id=678
12 Address numbers shall be positioned so as to be readily readable from the Police
street. Number should be illuminated during hours of darkness. Department
13 Rooftop address numbers for the police helicopter. Minimum size 4' in
height and 2' in width. The lines of the numbers are to be a minimum of 6"
thick. Numbers should be spaced 12" to 18" apart. Numbers should be Police
painted or constructed in a contrasting color to the roofing material. Department
Numbers should face the street to which the structure is addressed.
Numbers are not to be visible from ground level.
14 Adequate lighting of parking lots, passageways, recesses, and grounds
contiguous to buildings shall be provided with lighting of sufficient wattage police
to provide adequate illumination to make clearly visible the presence of any Department
person on or about the premises during the hours of darkness and provide a
safe, secure environment for all person, property, and vehicles on -site.
15 "No Trespassing 602(k) P.C." posted at the entrances of parking police
lots /structures and located in other appropriate places. Signs must be at Department
least 2' x 1' in overall size, with white background and black 2" lettering.
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16 All entrances to parking areas shall be posted with appropriate signs per Police
22658(a) C.V.C., to assist in removal of vehicles at the property Department
owners /managers request.
17 The applicant shall defend, indemnify, and hold harmless the City and its Planning
officials, officers, employees and agents (collectively referred to Department.
individually and collectively as "Indemnities ") from any and all claims, Planning
actions or proceedings brought against Indemnities to attack, review, set Services
aside, void, or annul the decision of the Indemnities concerning this permit Division
or any of the proceedings, acts or determinations taken, done, or made prior
to the decision, or to determine the reasonableness, legality or validity of
any condition attached thereto. The applicant's indemnification is intended
to include, but not be limited to, damages, fees and /or costs awarded against
or incurred by Indemnities and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs. liabilities and expenses
incurred by Indemnities in connection with such proceeding.
18 The applicant is responsible for paying all charges related to the processing Planning
of this discretionary case application within 30 days of the issuance of the Department.
final invoice or prior to the issuance of building permits for this project, Planning
whichever occurs first. Failure to pay all charges shall result in delays in Services
the issuance of required permits or may result in the revocation of the Division
approval of this application.
19 The property shall be developed substantially in accordance with plans and Planning
specifications submitted to the City of Anaheim by the applicant and which
plans are on file with the Planning Department marked Exhibit No. 1 and as
conditioned herein.
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