Resolution-PC 2000-72.
RESOLUTION NO. PC2000-72
•
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04222 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
Parcel A:
PARCELS 2 AND 3 OF PARCEL MAP NO. 90-125, AS PER MAP FILED IN
BOOK 284, PAGES 11 TO 14 INCLUSIVE OF PARCEL MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
PARCEL 1 OF PARCEL MAP IVO. 79-229, AS SHOWN ON A MAP FILED IN
BOOK 166, PAGES 23 AND D~4 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAIID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 5, 2000, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with t'he provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use permit and to investigate
and make findings and recommendations in connection therewith; and that the hearing was continued
from the meeting of May 22, 2000; and
WHEREAS, 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 for which a conditional use permit is authorized by
Anaheim Municipal Code Section Nos. 18.05.046.010, 18.44.050.010, 18.44.050.300, and 18.44.050.320
to construct a live pertormance theater inclwding banquet facilities with outdoor dining area and the sales
of alcoholic beverages for on-premises consumption, and the construction of a freestanding electronic
readerboard (changeable message) sign with waiver of the following:
(a) SECTION 18.06.050.02591 - Minimum number of parkinq spaces.
(2,100 required; 14 proposed on-site, 2,388 provided in
the Downtown Core Area"` as recommended and
approved by the City's Traffic and Transportation
Manager).
(b) SECTIONS 18.05.094.020 - Maximum heiqht, width, area and
18.05.094.030. 18.05.094.050 location of freestandin4 readerboard
18.05.094.060 sian• ~25 foot high, 20 foot wide, 250 square foot sign
AND 18.44.067 permitted; 75 foot high, 50 foot wide, 1,859 square foot
sign proposed).
" The "Downtown Core Area" consists of those parking structures and open parking lots controlled by
the Anaheim Redevelopment Agency in the Downtown area roughly bounded by Harbor Boulevard to the
west, Lincoln Avenue to the north, Anaheim Boulevard to the east, and Broadway to the south.
CR3977PK.DOC -1- PC2000-72
• •
2. That waiver (a) pertaining to the minimum number of parking spaces is hereby approved
on the basis that the study provided by Parsons Transportation Group Inc. dated April 17, 2000, has been
reviewed and approved by the City's Traffic and Transportation Manager.
3. That the parking waiver, under the conditions imposed, 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 reasonably foreseeable conditions of operation
of such use; and
4. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code). The parking spaces to be used by the theater will be occupied
by other uses during the balance of the day. Therefore, no changes in existing traffic patterns are
anticipated and congestion within the off street parking areas is not anticipated to occur.
6. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
7. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
8. That waiver (b) pertaining to the maximum area, height, width, and location of the
proposed freestanding readerboard sign is hereby approved based on the following: That the mass and
scale of the proposed facility provides an appropriate backdrop to the size, scale and design of the
proposed sign; That the proposed sign is an appropriate mechanism to enhance the pedestrian oriented
development envisioned for the downtown promenade; and that the proposed sign will not be easily
visible from the adjacent arterial highways (Harbor Boulevard and Lincoln Avenue) or negatively impact
the public streets.
9. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
10. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
11. That the proposed use is consistent with the Project Alpha Downtown Redevelopment
Project Area and is recommended for approval by the Community Development Department.
12. That the proposed live performance theater will not adversely affect adjacent land uses or
the growth and development of the surrounding area, nor be detrimental to the peace, health, safety or
public welfare of the surrounding community. The facility will enhance the pedestrian, destination-
oriented land uses intended for the downtown area.
13. That the granting of the coriditional use permit under the conditions imposed, if any, will
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
14. That one person indicated ~their presence at said public hearing as being concerned; and
that no correspondence was received in op;position to the subject petition.
CR3977PK. DOC -2- PC2000-72
• •
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby determine that the previously-certified
addendum to Koll Anaheim Center Environmental Impact Report No. 189 is adequate to serve as the
required environmental documentation for this request.
The applicant has submitted an initial study and supportive information indicating that the previously-
approved Addendum for the Koll Anaheim Center serves as adequate environmental documentation for
the proposed changes to the project. The Addendum for the Koll Anaheim Center was previously
considered by Planning Commission in July of 1994, in connection with approval of CUP 3695 (Disney
Ice Rink) and in June of 1990, in connection with approval of CUP 3286 (Koll Anaheim Center),
Reclassification No. 89-90-59 and Development Agreement No. 90-1. The Koll Anaheim Center is a
portion of the larger Redevelopment Project Alpha - Downtown. Over time, a series of environmental
documents have been certified in connection with various Redevelopment activities within the Downtown
portion of Redevelopment Project Alpha. 7he previously certified environmental documents consist of
Final Subsequent EIR for the Second Amendment to the Redevelopment Plan for Redevelopment Project
Alpha (1976); Supplemental EIR for Project Alpha Parcel 10 (1983); Subsequent EIR for Parcels 8 and 9
(1983); and the most recent Addendum to the Koll Anaheim Center (1990).
The Addendum for Koll Anaheim Center summarized and evaluated the approved mitigation measures
from the previously certified EIR's that directly related to the Koll Anaheim Center project and included
additional traffic and sewer analysis.
The Initial Study evaluates only the changes to the previously-approved Koll Anaheim Center. Results of
the initial study process indicate that no new effects beyond what was previously analyzed are anticipated
to occur as a result of the changed project. Changes to the project consist of: replacement of a 200,000
square foot office or 200 room hotel and parking structure with an approximately 130,000 square foot live
performance theater and the combination of 3 parcels previously designated as parcels 9a, 9b, and 9c.
Attachment A of the June 5, 2000 staff report to the Planning Commission reflects the Initial Study
Findings of Fact and the appropriate resolu~tions, Attachment B of the staff report reflects the on-going
mitigation measures of the Koll Anaheim Center.
City staff has reviewed the previously adopted Mitigation Monitoring Plan and no new mitigation
measures would be required as a result of the changes to the project, based on supportive evidence
submitted in connection with the initial study (i.e. traffic reports) prepared by Parsons Transportation
Group Inc. dated April 17, 2000.
The previously-approved environmental document is considered to have evaluated the worst case
scenario. The changes to the project are within the scope of the project approved earlier and the
environmental document adequately describes the changes for the purposes of CEQA.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
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 the Citizens of the City of Anaheim:
That final landscape, hardscape, outdoor dining area plans, and elevation plans including the
specific size, location, colors and materials shall be submitted for review and approval by the
Planning Commission as a"Reports and Recommendations" item prior to issuance of a building
permit.
2. That all mechanical equipment sha'll be contained wholly within the building or otherwise
screened from public view from the public and private rights-of-way. Such information shall be
shown on plans submitted for building permits.
CR3977PK.DOC -3- PC2000-72
•
~
3. That subject business shall continuously adhere to the following conditions, as required by the
Police Department:
a. That the sales of alcoholic beverages for consumption off the premises shall be prohibited.
b. That all doors serving subject establishment shall comply with the requirements of the
Uniform Fire Code and shall be kept closed and unlocked at all times during hours of
operation except for ingress/egiress, deliveries and in cases of emergency.
c. That licensed uniformed security guard(s), approved by the Anaheim Police Department,
shall be provided on the premiSes specifically to provide security, discourage vandalism,
trespass and/or loitering upon or adjacent to the subject property. Said security guard(s)
shall remain on-duty as determined to be appropriate by the Anaheim Police Department.
That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about
the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so
as not to unreasonably illuminate the windows of nearby residences.
e. That there shall be no pool tablles, amusement devices or games maintained within subject
establishment without issuance of proper permits as required by the Anaheim Municipal
Code.
That sales of alcoholic beverages shall be permitted only befinreen the hours of 11:00 a.m.
and 11:00 p.m.
g. That the business operator shall comply with Section 24200.5 of the Business and
Professions Code so as not to employ or permit any persons to solicit or encourage others,
directly or indirectly, to buy themn drinks in the licensed premises under any commission,
percentage, salary, or other prOfit-sharing plan, scheme or conspiracy.
h. That there shall be no public telephones on the property that are located outside the building
and under the control of the applicant.
i. That no person under twenty one (21) years of age shall sell or be permitted to sell any
alcoholic beverages.
4. That the projection screen portion of the freestanding sign shall be utilized during on-site
performances only, with projections to begin no earlier than two (2) hours before the beginning of
an event and no later than 11:00 p.lm., and that no audio shall be permitted in conjunction with the
visual projections. Further,~that advertising on the projection screen shall be limited to current
performances and upcoming events at the facility. No advertising of products, commercials, or
off-site businesses activities or events shall be permitted, with the exception of community service
events.
5. That prior to issuance of a building;permit, the developer shall submit an application to have the
City abandon the public sewer facility on-site. A replacement sewer shall be constructed and a
new easement shall be dedicated in a time a manor as required by the city.
6. That there shall be no patron parking on Chestnut Street (across Harbor Boulevard). The
petitioner shall provide an off-site parking attendant to enforce the "No Parking" policy on
Chestnut Street, if determined necessary by the City's Traffic and Transportation Engineer.
That the property owner shall provide the City of Anaheim with a public utilities easement to be
determined as electrical design is completed.
CR3977PK. DOC -4- PC2000-72
• •
8. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense
of the developer.
9. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of gra~ti within twenry-four (24)
hours from time of occurrence.
10. That if required by the Urban Forestry Division of the Community Services Department, street
trees shall be installed, by the property owner, within the public right-of-way adjacent to Harbor
Boulevard and Lincoln Avenue. The size, type and number of trees shall be provided to the
satisfaction of the Urban Forestry Division of the Community Services Department.
11. That the petitioner shall be responsible for compliance with all applicable mitigation measures
included in the attached Mitigation Monitoring Plan for the Koll Anaheim Center, as established by
the City of Anaheim and as required by Section 21081.6 of the Public Resources Code within the
assigned time frames and any direct cost associated with their implementation.
12. That all outdoor events shall comply with the requirements of Chapter 6.70 "Sound Pressure
Levels".
13. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the street or adjacent properties.
Said information shall be specifically shown on plans submitted for building permits.
14. That a fee for sewer capacity mitigation, for the Old Town Basin area, shall be paid in amount as
required by the City.
15. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signage shall be subject to
approval by the Planning Commission as a Reports and Recommendations item
16. That prior to issuance of a building permit, a lot line adjustment plat shall be submitted to the
Subdivision Section (Development'Services Division) and approved by the City Engineer and
then recorded in the Office of the Orange County Recorder to combine the three existing lots.
17. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maint~ined in conformance with said plans.
18. That the project shall provide a bus bay on-site acceptable to the City Traffic and Transportation
Manager for hotel shuttle buses to transport guests to and from tourist attractions and local
airports. Said information shall be specifically shown on plans submitted for building permits.
19. That the project shall provide passenger loading and unloading on-site acceptable to the City
Traffic and Transportation Manager. Said information shall be specifically shown on plans
submitted for building permits.
20. That the property owner or petitioner shall be responsible for paying the full cost associated with
the use of any Police Department and/or Traffic Management Center staff who may be needed
for traffic control purposes.
21. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sa~nitation Division and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to
CR3977PK.DOC -5- PC2000-72
~ •
be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti oppo~tunities by the use of plant materials such as minimum 1-gallon size
clinging vines planted on maximurr~ 3-foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
22. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the Public Works Department, Streets and Sanitation Division for review and
approval.
23. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail
No. 610 and maintained to the satisfaction of the Public Works Department, Streets and
Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for
building permits.
24. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
screened from view and sound buffered from nearby residential properties. Said information shall
be specifically shown on plans submitted for building permits.
25. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
26. That this facility shall be held to the operational characteristics as set forth in the proposed letter
of operation dated May 5, 2000, with events ending no later than 1:00 a.m. on Friday and
Saturday and 11:00 p.m. Sunday ttarough Thursday nights.
27. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit No. 1, pages 1 through 29 and as conditioned herein.
28. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 5, 7, 13, 14, 16, 17, 18, 19, 21, 22, 23, and
24, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
29. That prior to final building and zoning inspections, Condition Nos. 8, 10 and 27, above-mentioned,
shall be complied with.
30. That approval of this application constitutes approval of the proposed request 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 or requirement.
31. That no permitted event or activity taking place at this venue shall create sound levels which
violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code).
32. That the number of persons attending any event shall not exceed the maximum occupancy load
as determined by the Anaheim Fir~ Department. Signs indicating the occupant load shall be
posted in a conspicuous place on an approved sign near the main exit from the applicable room
(Section 25.114(a) Uniform Fire Code)
33. That this business shall not be operated in such a way as to trigger the requirement for a Sex
Oriented Business Permit under Cliapter 18.89 of the Anaheim Municipal Code.
34. That this business shall not be operated in such a way as to be detrimental to the public health,
safety or welfare. (Section 4.18.110 Anaheim Municipal Code)
CR3977PK. DOC -6- PC2000-72
~ •
35. That no minor under the age of sixteen (16) years shall be allowed to attend any dance requiring
a permit under Chapter 4.16 of the Anaheim Municipal Code, unless accompanied by a parent or
guardian.
36. That at all times dances are being permitted, adequate security measures shall be provided to
deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly
assembly and movement of persons and vehicles, and to prevent disturbance of the
neighborhood by excessive noise created by patrons entering or leaving the premise. (Section
4.16.070 Anaheim Municipal Code)
BE IT FURTHER RESOLViED that the Anaheim City 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 of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 5, 2000.
. ~~~2.~~Gc~.~
C AIRP RSON, ANAH IM CIT PLANNING COMMISSION
ATTEST:
~~ti(Jl~
SECRETAR , HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed arnd adopted at a meeting of the Anaheim City Planning
Commission held on J~une 5, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICIE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000. _
~ ~~~
SECR R, ANAHEIM CITY PLANNING COMMISSION
CR3977PK.DOC -7- PC2000-72