PC 2006/02/22r-
il
~ a6ed
X90/ZZ/Z) ooP'~90ZZZ0)\sepua6e\~eoua~o\sooPFH
lau•wiayeue uoissiwwoa uiuue~ asa~ppe qew-a
6wn~opo; aya 6uisn uoissiwwo~ 6uiuue~d aya ~o} a6essaw a anea~ ~(ew no,~
;uawu~nofpy °
swa;~ 6uueaH ai~gnd
~epua~e~;uasuo~
s;uawwo~!ai~gnd
aoue6alld 30 a6pald °
• e;a~oas ay}
'W'd 0£~Z 6uueaH oi~gnd of auanuooab
uoissag 6u~~eaH oi~gnd uoou~a~}y of ssaaab
epua6e 9002 'ZZ tieruga~ ay} uo swa}i ~o; Mainaa ue~d tieuiwi~a~d
(uassiwwo~ 6uiuue~d ~(q pa;sanba~ sy)
sanssi pue s}uawdo~anap ~(}i~ snouen uo uo)ssiwwo~ o} a}epdn }}e}g .
'W'd 006 nnainab ue~d tieuiw~~a~d
~aP~O of Iles °
zanbse~an }ed `aawoa ~C~ued
`za~ad P3 `i~e~e}{ ydasop 'e}}n8 ~(pa~{ a~auoissiuawo~
sa~o~~ ei~ioa~ :a~odwal-ad uewney~
uew}sea ~ie~ :uewney~ °
eiwo}i~e~ 'w)ayeuy `p~ena~no8 wiayeuy y;noS OOZ
IIeH ~(}i~ hagwey~ )iouno~
9002 ZZ araaga~ epsaupa~
ISSI
U! ~I 1
Anaheim Planning Commission Agenda - 2:30 P.BA.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing.,......
items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate.
discussion of these items prior to the time cf the voting on the motion unless members of the Planning
Commission, staff or the public request the item to be discussed and/or removed from the Consent
Calendar for separate action.
Reports and Recommendations
1A.(a) CEQA EXEMPTION -PUBLIC RESOURCES CODE SECTION
21080.17- CEQA GUIDELINES SECTIONS 15282(1) AND 15305
(b) ZONING CODE AMENDMENT NO. 2003-00021
(TRACKING NO. ZCA2006-00045)
Agent: City of Anaheim, 200 South Anaheim Boulevard, Suite 162,
Anaheim, CA 92805
Location: Citywide
City-initiated review and approval of revised second unit Deficiencies
Area Map.
Zoning Code Amendment Resolution No.
1 B. (a)
{b)
- Agent: Kerr Project Services, 4655 Cass Street, Suite 200, San
-- ,,
--°° Diego, CA 92109
Location: 2D41 South Harbor Boulevard: Property is
approximately 3.3 acres, having a frontage of 233
feet on the west side of Harbor Boulevard .and is
located 468 feet north of the centerline of
Orangewood Avenue.
Request to construct a full service,. 8,517 square foot restaurant with
alcohol sales.
H :1d ocs\cl eri ca I\ag e n d as\(022206 ). d oc
Project Planner.
(ethien(o~anaheim. ne0
O. S. 108
Project Planner:
(skim(o7anaheim. nef)
Q. S. 77
(2/22/06)
Page 2
IlAinutes
1 C. Receiving and approving the Minutes from the Planning Commission
Meeting of December 12, 2005. (Motion)
Continued from the January 9, January 23, and February 6, 2006,
Planning Commission meetings.
1D. Receiving and approving the Minutes from the Planning Commission
Meeting of January 9, 2006. (Motion)
Continued from the January 23, and February 6, 2006, Planning
Commission meetings.
1E. Receiving and approving the Minutes from the Planning Commission
Meeting of January 23, 2006. (Motion)
Continued from the February 6, 2006, Planning Commission meeting.
1 F. Receiving and approving the Minutes from the Planning Commission
Meeting of February 6, 2006. (Motion)
'~ _ _
H:\dots\clerical\agendas\(022206).doc (2/22/06)
Page 3
Public Hearina Items:
2a. CEQA NEGATIVE DECLARATION
2b. VARIANCE NO. 2005-04675
Owner: The Shops at Stadium Towers, Therese Hotvedt, 1100
Newport Center Drive, Suite 150, Newport Beach, CA
92660
Agent: Peter Louis/John Hill, 3195-B Airport loop Drive, Costa
Mesa, CA 92626
Location: 2410 - 2420 East Katella Avenue: Property is
approximately 2.4 acres, having a frontage of 600 feet on
the south side of Katella Avenue and is located 37 feet east
of the centerline of Howell Avenue (Stadium Towers Plaza).
Request waivers of (a) minimum number of parking spaces, (b) permitted
number of tenants on a monument sign, (c) maximum number of
monument signs, (d) maximum height of monument sign, (e) permitted
number of wall signs, (f) permitted location of wall signs, and (g)
maximum height of letters/logos on wall signs to waive minimum number
of parking spaces and permitted signs for apreviously-approved
commercial center.
Continued from the January 23, and February 6, 2006, Planning
Commission meeting
Variance Resolution No.
3a. CEQA MITIGATED NEGATIVE DECLARATION
3b. VARIANCE NO. 2005-04655
3c. TENTATIVE PARCEL MAP N0.2005-157
- Owner: Gary Calkins Trust, 6263 East Trail Drive, Anaheim, CA
-_':..:
92807
Agent: Steve Ellis, 4742 Yorba Lane, Yorba Linda, CA 92886
Location: 6263 East Trail Drive: Property is approximately 3.2 acres
having a frontage of 47 feet at the terminus of Trail Drive
and is located 145 feet west of the centerline of Whitestone
Drive.
Variance No. 2005-04655 -Request waivers of (a) maximum structural
height, (b) maximum retaining wall height and (c) lot frontage on a public
or private street to construct asingle-family residence.
Tentative Parcel Map No. 2005-157 - To establish a 2-lot, 2-unit
detached single-family residential subdivision.
Continued from the January 9, 23, and February 6, 2006, Planning
Commission meetings.
Variance Resolution No.
H :\docs\cl erica)\age n d as\(022206 ). d oc
Request a
Continuance to
March 6, 2006
Project Planner:
(avazouez(o)anaheim.nea
Request a
Continuance to
March 20, 2006
Project Planner:
(avazouez nanaheim.net)
(2/22/06)
Page 4
4a. CEQA NEGATIVE DECLARATION
4b. WAIVER OF CODE REQUIREMENT
4c. CONDITIONAL USE PERMIT NO. 2005-05049
Owner: Investment Fremont, 175 North Riverview Drive, Anaheim,
CA 92808
Agent: Jay Malloy, 8200 East Crystal Drive, Anaheim, CA 92807
Location: 5635 East La Palma Avenue: Property is approximately
5.6-acres, having a frontage of 275 feet on the north side of
La Palma Avenue and is located 296 feet west of the
centerline of Imperial Highway (Cinema City Theatres).
Request to permit storage of vehicles within an existing parking structure
for an off-site automotive dealership with waiver of minimum number of
parking spaces.
Continued from the January 23, 2006, Planning Commission meeting. Project Planner.
(dherrck(a~anaheim.net)
Conditional Use Permit Resolution No.
5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 AND 15
5b. CONDITIONAL USE PERMIT NO. 2006-05067
Sc. TENTATIVE PARCEL MAP NO. 2006-120 (READVERTISED)
Owner: Anaheim Hotel Partnership, LCP, 777 Convention Way,
Suite 100, Anaheim, CA 92802
_ Agent: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa
-'°~ Mesa, CA 92626
__ _
Location: 777 Convention Way: Property is approximately 8.5-
acres and is located at the northwest corner of Hotel Way
and Convention Way (Anaheim Hilton and Towers).
Conditional Use Permit No. 2006-05067 -Request to permit a non-
residential condominium hotel for financing purposes.
Project Planner:
Tentative Parcel Map No. 2006-120 - To establish a 1-lot non-residential (sklmno anaheim.neu
commercial condominium hotel project subdivision for financing purposes.
Q.S. 77
Conditional Use Permit Resolution No.
H:ldocs\clerical\agendas\(022206):doc (2/22/06)
Page 5
d m m W e
Adjourn To Monday, March 6, 2006 at 1:00 P.M. for Preliminary
Plan Review.
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:00 g.m. February 15, 2006
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
~-, " nn n~„,~ ~
SIGNED:
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
`The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
-.a ;before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing...
a - - ~~_
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m.
on the Friday before the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Telephone System at 714-765-5139.
H:\docs\clerical\agendas\(022206 ): doc
(2/22/06)
Page 6
SCHEDULE
2006
-March 6
March 20
April 3
April 17
May 1
May 15
May 31 (Wed)
June 12
June 26
July 10
July 24
August 7
August 21
September 6 (Wed)
September 18
October 2
October 16
October 30
November 13
November 27
December 11
December 27 (Wed)
H:\docs\clerical\agendas\(022206 ).doc
(2/22/06)
Page 7
r e® ~ ® ~ m
[DRAFT]
RESOLUTION NO. PC2006-""
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION.
APPROVING AREAS OF SEWER AND PARKING DEFICIENCIES
RELATING TO SECOND UNITS AND MAKING CERTAIN FINDINGS
.RELATING THERETO.. -
WHEREAS, on September 29, 2002, the State of California Legislature approved Assembly
Bill No. 1866 which, among other things, amended Government Code Section 65852.2 requiring cities to
permit second units in single-family and multiple-family residential zones; that the State law identifies criteria
under which a second unit is to be permitted, requires a ministerial approval process and limits the
requirements cities may impose on the construction of such second units; and.
WHEREAS, as of July 1; 2003 the law requires cities to allow second units in residential zones
without discretionary action, although cities may adopt ordinances creating specifications and standards for
second units subject to compliance with Government Code Section 65852.2; and
WHEREAS, cities may prohibit second units in areas which are determined to be significantly
impacted by insufficient capacity pertaining to traffic circulation, parking, public utilities and/or other
infrastructure and which deficiency would be exacerbated by the construction of second units; and
WHEREAS, as on May 13, 2003, the Anaheim City Council adopted Ordinance No 5857,
establishing a process for ministerial approval of second units and creating specification and standards for
such units (the "Second Unit Ordinance"); and
WHEREAS, the Second Unit Ordinance permits second units, subject to the standards
identified therein, in all residential areas of the City, excluding only the areas established by Planning
Commission andlor City Council resolution as deficiency areas which are significantly impacted by
insufficient capacity for sewers, traffic circulation, parking, public utilities, or similar infrastructure needs; and
WHEREAS, on June 16,2003, the City Planning Commission approved Revision No. 1 and on
December 13, 2004, approved Revision No. 2 to said Second Unit Sewer and Parking Deficiencies Map, and
made findings and recommendations in connection therewith; and
-_- - °' WHEREAS, the City Planning Commission did hold a public meeting at the Anaheim Civic
,Center, Council Chamber in the City of Anaheim on February 22, 2006, at 2:30 p:m., to hear and consider
said proposed Code Amendment and the proposed Second Unit Sewer and Parking Deficiencies Map, and
to investigate and make findings and recommendations in connection therewith; 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 Section 65852.2 of the Government Code authorizes cities to use criteria such as
adequacy of water and sewer services and the impact of second units on traffic flow to determine areas
where second units may be permitted;
2. That the Second Unit Ordinance provides that second units shall not be permitted in any area
of the City identified by resolution of the Planning Commission and/or the City Council as being significantly
impacted by insufficient capacity for traffic circulation, parking, public utilities and/or other :infrastructure.
Cr/PC2006- -1- PC2006-
._ ~ d m _
3. That following review and analysis of sewer capacity throughout the City, as discussed in the
Staff Reports to the Planning Commission dated April 21, 2003, June 16, 2003, December 13, 2004 and
February 22, 2006, which discussion is incorporated herein by this reference, certain areas of existing
significantly deficient sewer capacity, which would be exacerbated by allowing second units, have been
identified, based on the following:
a. Second units are housing units, which ate not anticipated in the build-out scenario for the
City, and the City recognizes a probable increase in the amount of discharge into the
sewers generated by the addition of a second unit compared to a minor expansion of an
existing unit, which would be permitted;
b. Allowing unanticipated second units in neighborhoods that are currently deficient in sewer
capacity will overburden the existing sewers,
c. Areas where some sewer capacity remains but is not adequate to provide for build-out of
the current zoning should not be further burdened by allowing second units because in
these areas, even with sewer improvements, sufficient capacity may not be available to
adequately serve second units, since proposed plans for sewer capacity upgrades have
not taken into account these unanticipated housing units;
d. Permitting second units in said identified areas may lead to sewer spills into the City's
storm drain system, which may constitute a hazard and wou'Id subject the City to severe
penalties under. its National Pollutant Discharge Elimination System ("NPDES") Permit;
e. Permitting secondunits in said identified areas would constitute a health and safety
hazard., and would have adverse impacts on the public health, safety and welfare.
4. That the Public Works Department has completed The Combined West Anaheim Area Master
Plan of Sanitary Sewers study and The Combined East Anaheim Area Master Plan of Sanitary Sewers which
determined that a number of sewer lines within the study areas are currently operating close to their
maximum capacity and identified locations in which additional development should be limited:
5. That based on the above-described :review and analysis of sewer capacity throughout the City,
a Second Unit Sewer and Parking Deficiencies Map, dated February 2006 has been prepared identifying
areas in the City which are already burdened with sewer capacity and parking deficiencies and are not
suitable for the construction of second units without negatively impacting the existing neighborhoods and
_ ----- having adverse impacts on the public health, safety and welfare.
- - _~.~
6. That the Planning Commission anticipates that the Second Unit. Sewer and Parking- -
Deficiencies Map will be reviewed and updated from time to time to ensure that the map continues to reflect
areas where second units. should not be allowed and to remove areas which would no longer be negatively
impacted by the creation of new second units because improvements to the infrastructure or other changed
circumstances have eliminated the previously identified deficiency:-
7. That "` indicated their presence at the public :meeting in opposition to the proposal; and that
no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Commission
concurs with staff's determination that the proposed project is statutorily exempfunderPublic Resources
Code Section 21080.17 and California Environmental Quality Act ("CEQA") Guidelines Section 15282(1),
which exempt ordinances for second units to implement the provisions of Government Gode Sections
65852.1 and 65852.2; and that this project is also exempt under CEQA Guidelines Section 15305, which
provides that minor alterations in land use limitations that do not change land use or density in areas with an
average slope of less than 20 percent are permitted.
NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Anaheim City
Planning Commission does hereby approve the "Second Unit Sewer and Parking Deficiencies" Map,
Revision No. 3, dated February 2006, on file with the Planning Department of the City, which identifies those
certain locations having existing significantly deficient sewer capacity andlor existing significantly deficient
-2-
PC2006-
m~ ® m r _.
on-street parking capacity where second units shall not be permitted and that said map shall replace the
:previously revised and approved "Deficiency Area" Map, Revision No. 2, dated December 2004.
THE FOREGOING RESOLUTION was adopted at [he Planning Commission meeting of
February 22, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that'the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on February 22, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2006.
-=~,m, SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-,
-3-
PC2006-
.... _
ITEM N0. 1-B
SP 92-2
RCL 66-67-61 (22)
T-CUP 2001-04445
CUP 2001-04329
CUP 4065
CUP 2245
CUP 1834
CUP 865
VAR 2005-04656
VAR 2003-04551
(CUP 2002-04639) SP 92-2
(CUP 606) RCL 90-91-22
(VAR 1172) RCL 61.62-6
COURTYARD MARRIOTT CUP 2634
HOTEL CUP 2322
VAR 3242
VAR 3003
FSP 2005-00011
FSP 2004-00006
'The Anaheim Resort""" EIR 313
EIR 254
(CUP 1962)
(CUP 1660)
(CUP 163)
VACANT
'
SP 92-2
RCL 66-67-61 (22) SP 9
CUP 1101
VAR 2666 S DISNEYLAN
VAR 2361 S PARKIN
FSP 96-04
CLARION HOTEL
VACANT
SP 92-2
RCL 66-67-61 (77)
CUP 3666
DAYS VAR 607
INN
-J VACANT
E UGENE PL -~ - ..
, °"~ ~,x~ r z -:
,
"a
~
~
Y'~
~
F 4'y'-
.F
~
x~ 5r.~1~l
&~
z 1 DU EAC H ~°~''~~`"
~
~%~?~£`"~
~,
«
>~
~
{£`~P 5~
~
W µ ~
~rt
~`
~
W I 1616!•
1'
LAMARK DR sP sz-2
~~E ~~-~d-~~
89.90-09
RS-2 RCL 66-66-03
®
1 DU EACH CUP 3217
CUP 2943
DOUBLE TREE
_ HOTEL
'~ -1 DU EACH ~ I I
LIMITS
ANAHEIM
CIT
Y I
_
.
_
n~®~~®~~®~~®~~®.u ®~s®u®uar~vum~~vq
GARDEN GROVE CITY LIMITS _ _ _ - - . _ _.. .
SP 92-2
VACANT
SP 8:
- ~ ~ RCL 66-6i
F ~ CUP G
VAR
VAR°
BEST VN
~ RAFFLI
~ &SU
W
-I SP 9
O RCL
6
-6-61
_ ~6
~
CO TRAVEL
INTERNA
c Q INI
m
!z ~
= RCR
8
1] 1
CL
EE cuPZaoa
CUP 2
VAR 3
OENNV'9 ftE
Final Site Plan No. 2005-00011
Requested By: KERR PROJECT SERVICES
GG KGL 6L-E31~
RCL 65-66-05 CUP 3707
CUP 3676 VAR7 0 9 3
C G AM/PM AHEIM ^•/ ~ ~•
RCL 77-78.14 MINIMART ao~R
CUP 3295
CUP 1732 GG
Hove uni RCL 68-69-27 RCL '
N
M
~~ ,
Subject Property
Date: February 22, 2006
Scale: 1" = 200'
Q.S. No. 77
2041 South Harbor Boulevard 2185
City of Anaheim
hLAIVNII~IG ®EPA12'I'1V1EN'I'
February 22, 2006
Kerr Project Services
4655 Cass Street, Suite 200
San Diego, CA 92109
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
February 22, 2006.
1. REPORTS AND RECOMMENDATIONS:
16. (a) CEQA ENVIROMENTAL IMPACT REPORT NO. 313 (PREVIOUSLY-CERTIFIED)
(b) FINAL SITE PLAN NO. 2005-00011
Agent: Kerr Project Services, 4655 Cass Street, Suite 200, San Diego, CA 92109
Location: 2041 South Harbor Boulevard: Property is approximately 3.3 acres,
having a frontage of 233 feet on the west side of Harbor Boulevard and is
located 468 feet north of the centerline of Orangewood Avenue.
vnvrv.anaheim.ner
Request to construct a full service, 8,517 square foot restaurant with alcohol sales.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
construct a full service, 8,517 square foot restaurant with alcohol sales and does hereby
determine that the previously-certified EIR No. 313 is adequate to serve as the required
environmental documentation for this request.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby approve the Final Site Plan
(identified as Exhibit Nos. 1 through 12 on file in the Planning Department) based upon the-
finding that the Final Site Plan No. 2005=00011 is in conformance with the Anaheim Resort
Specific Plan No. 92-2.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
FSP2005-00011_Excerpt
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, Galilornia 92083
TEL (714)765-5139
e ,as mm m mm !A .®
l
Attachment - R&R 1-6
Letter of Operation
Ruth's Chris Steak House -Anaheim
DATE: February 3; 2006
TO: City of Anaheim
FROM: Ruth's Chris Steak House
SUBJECT: Ruth's Chris Steak House'-Anaheim'
FSP 2005-00011 '
2041 S. Harbor Blvd.
The following is a brief outline of the Ruth's Chris Steak House history and
operations for the restaurant at the above location. The applicant proposes ah
8,517 square foot lower level with a 1047 square foot mezzanine storage level,
as well as two outdoor patio"seating areas totaling 950 square feet.
Restaurant Description
Ruth's Chris Steak House was founded in 1965 when Ruth Fertei mortgaged her
home for $22,000 to purchase the "Chris Steak House;' a 60-seat restaurant
located near the New Orleans Fair Grounds racetrack.
Today the'compahy operates nearly 90 Ruth's Chris Steak House restaurants,
including ten international franchisee-owned restaurants in Mexico; Hong Kong,
Taiwan and Canada -
- . ~` -- The menu features a broad selection of high quality USDA Prime grade steaks
- `"" and other premium offerings served in Ruth's Chris' signature fashion-"sizzling" _
- and topped with seasoned butter-complemented by other traditional menu items
inspired' by their New Orleans heritage. The restaurant has a feeling of southern
hospitality, with a courteous and friendly staff. They offer a dining experience
that appeals to families and special occasion diners, in addition to the business
clientele traditionally served by fine dining steakhouses.
Hours of Operation
Sunday through Thursday- 5:00 p.m. to 12:00 a:m:
Friday and Saturday - 4:00 p.m. to 1:00 a.m.
Lunch for private parties and special occasions only
Number of Employees
There are a maximum of 80 employees per shift, and a total of 100 for the
restaurant.
a~®a - ®e ®~0 ~® ~~ a
Parking
Based on 8,517 square feet of restaurant area and 950 sq.ft. of patio, 76 spaces
are required. The storage area and office on the upper level do not require
additional parking as this is an ancillary area that supports the restaurant,
operation.
There is a Reciprocal Parking aid Access agreement with the adjacent Marriott.
The hotel and restaurant require 204 spaces; 204 are provided.
Ninety-five percent of Ruth's Chris customers use the valet parking service: Jn
the Anaheim resort area there is a high volume of convention and business
travelers, it is therefore anticipated that a high percentage of patrons will arrive
via taxi or private car.
Valet Parking
Ruth's Chris Steak House is a dinner only restaurant. This fine dining
establishment caters to its patrons by providing valet service. The valet drop off
and pick up is located at the restaurant entry on the west side of the building,, at
the restaurant entrance. The valet service will be available during restaurant
operating hours of 5:00 p.m: to closing Sunday through Thursday and 4:OOp.m.
to closing on Friday and Saturday.
The valet area located at the entry is a temporary staging area, with patrons
stopping during car drop off and pick up only. The valet attendants will. be
responsible for the prompt removal and relocation of the cars as they are
dropped off. The valet parking area is located within the double row of parking:
in the center lot as well as the perimeter parking at the south and east ends of
_ the lot: The valet parking areas will be marked and cordoned off for valet use.:
-- ~ Adequate parking will be available for. those patrons who park their own cars on
the north side of the building (including the accessible. stalls) as well as the north
side of the lot. Parking is shared with the hotel through a reciprocal easement
agreement.
Valet attendants will be trained and instructed to clear the circulation path of
travel as quickly as possible to allow access on the west side of the restaurant:.
As noted in Hours of Operation section, the restaurant may open for private
parties or special events during the lunch hour. Any time there is valet service,
the valet will operate as noted herein:..
7
ITEM N0. 2
/ yam' ~ IND. FIRMS ~
1
~y < RCL 99-00-15 h
2 RCL 9~-00-15 w {Res. of Int. to SE) ~'
5J (Res. of InL to SE) > RCL 70-71-20 ~
RCL]a71-26 ~ RCL 70-71-27 _
RCL 7a71-27 ~
aU9 MESS PARK m SMALL IND. FIRMS ~
SMA MIS D. uW
SINCLAIR ST
O-H U'
RCL 200400127
RCL a%a15
RCL 83-64t9E) ~
RCL 70-71-26
RCL 70-71-27
~, VAR 3380 ~_
~~y METROPLEX
~ OFFICE BLDG. NVE
RCL 98-00-15 +5 ~~,9` Pvti
(RRCLf66~8714E) a9' ,sac` ~ -~ ~-~
RCL 5%0-23 Pp ~ d5~~ ~ry3 ~
T-CUP 2002-04576 p .p '
T-CUP 2001-04446 ~ ~,-~cJs119S ~ C G (PTMU f ~~
CUP 2001-04441 Ppdp~~Z. ~ ~ RCL 8900161 ~`'~-~' °" `' t
CUP 1424 ~ F1 (Ras of Inl l0 6E) ~"~ ~ '
CUP 1301 ,~ ~ ROL 676626 ~ REST
VAR 3791 ~jl "- RCL 6384 24 ~ ~ t Y ~ r
V-17795 RCL 59b02] ~:~
AUrO REPAIR r CUP ?005-04966 ; ..r
&RENTAL >,"~ ClU1P 3165 ~i Y
'CUP 2651 c"d~}s~ 0
~' VAR 2005-0<675 ~,n 6g
'.~ VAR 4206
O-L ~PTMU~ F PARKING' O-L (PTMU)
RCL a-00- 5 RCL BB-00-15
(Res. of Int. to SE) (Res. of Inl. to SE)
RCL 9a91-11 RCL 9a91-11
RCL 82-63-33 RCL 83-6424
RCL 54fi0-23 RCL 58-60-23
CUP 3369 CUP 3369
CUP 2433 CUP 3326
CUP 2257 T-CUP 2003-04774 CUP 3165
STADIUM TOWER PLAZA STADIUM TOWER P CUP 2651
OFFICE 91DG. OFFICE BLDG.. VAR 3608
PARKING
gr~H~so~roP~
PR (PTMU) ~'9Np VACANT
~~ '` (Res. of ntlo~SE) SgNT,4 ,c
-_.... ~ Rcua zaao ~7t srq AD F'4A~<~Y
CUP 750 ._ N .. ... p--
-" RCL 66-67-14
' ANGEL STADIUM
ALL PROPERTIES ARE IN THE PTMU (PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE
Variance ND. 2005-04675 ; - Subject Property
Date: February 22, 2006
Scale: Graphic
Requested By: THE SHOPS AT STADIUM TOWERS Q.S. No. 117
REQUEST WAIVERS OF: A MINIMUM NUMBER OF PARKING SPACES
B PERMITTED NUMBER OF TENANTS ON A MONUMENT SIGN
C MAXIMUM NUMBER OF MONUMENT SIGNS
D MAXIMUM HEIGHT OF MONUMENT SIGN
E PERMITTED NUMBER OF WALL SIGNS
F PERMITTED LOCATION OF WALL SIGNS
G) MAXIMUM HEIGHT OF LETTERS/LOGOS ON WALL SIGNS
TO WAIVE MINIMUM NUMBER OF PARKING SPACES AND PERMITTED SIGNS.
2410-2420 East Katella Avenue -Stadium Towers Plaza 2135
Staff Report to the
Planning Commission
February 22; 2006
Item No. 2
2a. CEQA NEGATIVE DECLARATION (Motion for continuance)
2b. VARIANCE NO. 2005-04675
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 2.4-acre property has a frontage of 600 feet on the south side of
Katella Avenue, a maximum depth of 460 feet and is located 37 feet east of the centerline
of Howell Avenue (2410-2420 East Katella Avenue -Stadium Towers Plaza).
REQUEST:.
(2) The applicant requests approval of the following:
Variance No. 2005-04675 -Request waivers of (a) minimum number of parking spaces, (b)
permitted number of tenants on a monument sign, (c) maximum number of monument
signs, (d) maximum height of monument sign, (e) permitted number of wall signs, (f)
permitted location of wall signs, and (g) maximum height of letters/logos on wall signs to
waive minimum number of parking spaces and permitted signs for apreviously-approved
commercial center.
BACKGROUND:
(3) This property is currently developed with an office building and a freestanding restaurant
and is zoned C-G (General Commercial). The Land Use Element Map of the Anaheim
General Plan designates this property for Mixed Use land uses: Surrounding properties to
the east, west and south are also designated for Mixed Use land uses, and to the north
(across Katella Avenue) for Office High land uses.
(4) This item was continued from the January 23 and February 6, 2006, Planning Commission
meetings in order to complete revisions to the parking study to allow for outdoor dining. The
applicant, Peter Louis, has submitted the attached a-mail dated, February 8, 2006,
requesting a further continuance to the March 6, 2006, Commission meeting to finalize the
parking study revisions:
RECOMMENDATION: ,-
(5) That the Commission, by motion, continue this item to the March 6, 2006, Planning:
Commission meeting.
SR-VAR2005-04675
Page 1
Attachment • Item No. 2
2/6/2006
Amy,
After receiving final word from Bryon, we would like to request a continuance on our Parking
Variance (VAR2005-04675) to the next available Planning Commission Hearing date on March
6. We have a few mare outstanding issues to clarify and would like to have everything
completely resolved before presenting to the commission.
If you have any questions, please give us a call.
Thank you for your help.
Sincerely,
Peter Louis
~ ~
robinson hill architecture, ine.
A CWifomia Corporation
31918 Airport Loop Drive
Costa Mesa, CA 92fi?6
www, rhainc. ne[
E-mail: IouisQrhaine.net ~ Telephone: 714. 8?5. 8889 ~ Facsimile: 714 B25. 8989
. ._ _ m_ _
®~ . a. ~ m. _ ~.
ITEbt N0. 3
DU EACH
O~~
P~~
P P~0
y/~~;0,
Py~~~~( o~, -,~
RH-2
RCL 72-73-51
RCL 72-73-07
1DU
RH-2 V I
RCL 72-73-51
RCL 72-73-47 RH-2
RCL 72-73-51
RH-2
RCL 72-73-51
RCl 72-73-07
C~~
RH-2
,R
F
RH-2
RCL 72-73-51 (17)
VAR 3699
RCL 72-73-47
I
RH-2
VAR 4321
RCL
RH-2 I ~2
RCL 72-73-51
RVAR 4366 71 0
.. '~\
'~ o
\ a ~
RH-2
TPM 2005.157
TPM 97-212
BAR 2005-04655
RCL 72-73-51 \
RCL 72-73-07
(VAR 4330)
VACANT
Rl
T-VA
ADJ
RH
RCLVAR
RCL 72
\ HRH-2~
RC172-73-51 (17)
VAR 3699
RCL 72.73-07
7~ a
I ~ z VAI
RH-2 O
% ~ 1 DU EACH y
I / _ ~
RCL 72-73-51 I j I ._ RH-2 \\ 1 7 2
ac 7voa~~ t i 3
ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE .
REQUESTS WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT
(B) MAXIMUM RETAINING WALL HEIGHT
(C) LOT FRONTAGE ON A PUBLIC OR PRIVATE STREET
TO CONSTRUCTASZNGLE-FAMILY RESIDENCE.
TO ESTABLISH A2-LOT, 2-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION.
6263 East Trail Drive
~ Subject Property
~_..
Date: February 22, 2006
Scale: 1" = 200'
Requested By: GARY CALKINS TRUST Q.S. No. 197
Variance No. 2005-04655
Tentative Parcel Map No. 2005-157
zna
Staff Report to the
Planning Commission
February 22, 2006
Item No. 3
3a. CEQA MITIGATED NEGATIVE DECLARATION (Motion for continuance)
3b. VARIANCE NO. 2005-04655
30. TENTATIVE PARCEL MAP NO. 2005-157
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 3.2-acre property has a frontage of 47 feet at the terminus of Trail
Drive, a maximum depth of 737 feet and is located 145 feet west of the centerline of
Whitestone Drive (6263 East Trail Drive),
REQUEST:
(2) The applicant requests approval of the following:
Variance No. 2005-04655 -Request waivers of (a) maximum structural height, (b)
maximum retaining wall height and (c) lot frontage on a public or private street to construct
a single-family residence..
Tentative Parcel Map No. 2005-157-To establish a 2-lot, 2-unit detached single-family
residential subdivision.
BACKGROUND:
(3) This property is developed with asingle-family residence and is zoned RH-2 (SC) (Single-
Family; Hillside Residential; Scenic Corridor Overlay): The property is designated for Estate
Density Residential land uses in the Anaheim General Plan. The General Plan designates
properties abutting the site to the north; east and south for Estate Density Residential land
uses and the properties to the west for Low Density Residential land uses:
(4) This item was continued from the January 9, January 23, 2006 and February 6, 2006,
Commission meetings in order to comply with the review period requirements for the
Mitigated Negative Declaration associated with this request and to revise plans associated
- with site grading arid retaining walls. Staff is requesting a further continuance to the
.«
March 20; 2006; meeting to update environmental documents to reflect the revised plans.
RECOMMENDATION:
(5j That the Commission, by motion; continue this item to the March 20, 2006, Planning
Commission meeting:
SR-VAR2005-04655(con't 2-22-06)akv
Page l
.~. r s u m .~ a m
ITEM N0, 4
~,~
l~ ~
O
RA I w j RCUP 382379
1 ~ 7 SHOPP NG7CENTER
NGETHO
RPEAVENUE 7
i..
m.. m,.
~
~ 1
~
~
~
&
~ -:
.`'~''
~ .h
^
~
~ 1 ANAHEIM CITY
`.
~
'
~
. LIMITS
SP 94-1 ~`~ ~
~~~ `
RCL 70-71-15 fi) ~/h~
~t ,
SP 94-1 RCL 70.71-1
CUP 2167
] 7.f
^~
T
~S
RCL 10-77-1511)
VAR 4271 ~~~
~~
~
~ y
RCL70.71-7
CUP 2167
OFFICE BLDG. ,~.
,,,, 5 .
,:,~ ^ ..
;
VAR 4271 D.A. 2 i- , ~;,.~.~ ~ ~,
OFFICE BLDG.
l SP B4 1
OA2 k ~ NORTHEAST = '
' INDUSTRIAL AREA ~ gp gq-1
s
RCL 8390.48 RCL 89-80-08
~ RCL 67 B30B
, RCL 86-6359
SP 94-1 ~. RCL 86-67 29
~ RCL 66662512 . L Baa-85-0qq
RCL 70.71-05{7) )
RGL 65-6G77 RCL 66fi625 }
RCL 70-71-74 ~
m, CUP 20p6D5D49 - (Res nNnfanUo ML)
- 'RCL 65
6617 Q
CUP 2001-04318
CUP 2167 :i T-CUP 2004 04889 ~ -
CUP 2D03-04fi99
VAR 4271 a CUP 20D3-D4822 r. CUP 3881 S
OFF~IFA ~,DG. 4 CUP 3801 CUP 3263 (')
~
40 CUP 3614 =
CUP 3
~ ' VAR 4198
a VAR 4192
s~ VAR ~B9 J
2
,I
I VAR 4156 Q
(CUP 3314)
SHOPPING CNiR.
SP 94-1 DA.S
~ C
N W
RCL 70.71-15(1) RCL 70.71-15(1) e
NEMA CI
THEATRES
`
RCL 7471-1 RC170.71-14 S saw-+
~
CUP 2167 CUP 21fi7 DA
RCL fi9b6-25 g
VAR 4271 VAR 4271 ° ~'--c ~, IRe. oumemm My
RN Has
OFFICE BLDG.
' OFFICE BLDG.
D.A2 a
~~
t~?x*'
y u' qx l:' ."~ Rygq jj0jl]
flCL B&10.18
,
-~p5y~~ 4 ~ "'t VAR ]1456
' RGL 60.ia5d
RCL BSd41]
}} YY V-]NSb ~
i 1.
? '{b .~ v...+•r'rl4yfrb ~~ BPNK 1
L P3
0d
V.19]1
275' ml 298'---~ RESTAURANT
LA PALMA AVENUE
SP 841 RCL 70.715 (1 SP ea-1 RcL r6`aCioed
1 R40N&1] RCL Bd-85.67 RCL 6&]0.1a qq
RDL7671-1
CEROMET INC. uuP Z66sa16>a RCL65Ea25 p) RcL eSaan g
CENTER 2003-04765 tcw maawna Cup a7n NPZUe u
T-CUP
DA2 p
daN PCN es64 vAR ]esd a
T-00
NP20aS
V
] ~
9q 375 tuP
4
M 3]6
9.6.RgINI MKT.
0UP
0
6A5
S ]rt 6 0 gWAeH
CUP 3060 O
RE
CUP 2708
CUP 2022
GG
6p eat
CUP 5983 RCL ]6-T-16 RCL fiB-70.84
SP 94-1 CUP 1747 RC1855125 GOP 6Dd RCL s9-7D-10
:CL 70.71-15(1) INDUSTRIAL PARK yea of imem ]P Mq CUP 623a RCLfi66617
RC170.71-1 SMALL INDUSTRIAL T-CDP 26o5.61W] CuP 1722 CUP 2392
FIRMS T-CUP 2 6 61 6161 0 CUP 1721 CUP 1635
O.AS cuP 26626x641 vAR4s6] ANAHEIM HILLS
_ T~COP 2662.61809 =-uAA 4252 - TRAVELODGE
FAMILY TREE TCUP xnoa W]i9 VAR 6666
PRODUCE
ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE.
D
Conditional Use Permit No. 2005-05049 "'~? ~~ Subject Property
Date: February 22, 2006
Scale: Graphic
Requested By: FREMONT INVESTMENT Q.S. No. 184
REQUEST TO PERMIT STORAGE OF VEHICLES WITHIN AN EXISTING PARKING STRUCTURE
:FOR AN OFF-SITE AUTOMOTIVE DEALERSHIP WITH WAIVER OF MINIMUM NUMBER
OF PARKING SPACES.
5635 East La Palma Avenue -Cinema City Theatres
2131
m ® ~. ~ ~ ®. ~ mea
a
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
4a:, CEQA NEGATIVE DECLARATION (Motion)
4b: WAIVER OF CODE REQUIREMENT (Motion)
4c. CONDITIONAL USE PERMIT NO. 2005-05049 (Resolution}
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped; 5.6-acre property has a frontage of 275 feet on the north side of La
Palma Avenue, a maximum depth of 868 feet and is located 296 feet west of the centerline
of Imperial Highway {5635 East La Palma Avenue -Cinema City Theatres):
REQUEST:.
(2) The applicant requests approval of a Conditional Use Permit under authority of Code
Section 18.120.100.050.0527 to permit storage of vehicles within an existing parking
structure for ah off-site automotive dealership with waiver of:
SECTION NO. 18.42.040.010 Minimum number of parkino spaces '
565 required; 476 existing and recommended
by the City's independent parking and traffic
consultant}
BACKGROUND:
(3) This item was continued from the January 23, 2006, Commission meeting to allow
staff time to respond to concerns raised by the adjacent propertyowner regarding the
proposal.
(4) This property is developed with an indoor theater complex, is zoned SP94-1 (DA 5) (SC)
(Northeast Area Specific Plan; Commercial Area) (Scenic Corridor Overlay) and is
designated far General'Commercial land uses on the Anaheim GeheraL This property is
also located within the Merged Redevelopment Project Area
PREVIOUS ZONING ACTIONSr
(5) The following zoning actions have occurred on the subject property:
(a) Condifional Use Permit No: P003-04822 (to permit an amusement arcade within an
existing movie theater) was approved by the Planning Commission on February 9,
2004.1:.
(b) Conditional Use Permit No 3414 (to permit the expansion of amulti-screen intloor
theater complex with roof-mounted equipment grid to construct a 29-foot high
parking structure with waiver of minimum number of parking spaces (899 required;
668 proposed) and minimum landscaped setback adjacentto a railroad right-of-way)
was approved by he Planning Commission on July 29; 1991, by Resolution No:
PC91-110. Conditional Use Permit No. 3414was readvertised for approval of a
revised site phasing plan and was`approved by the Commission do October 19,
1992; by Resolution No: PC92=122: Subsequently, the item was appealed to City
Council and was approved. by Council on December 8, 1992, by Resdlution No:
92R-246. On'June 1, 1994; the Commission amended this conditional use permit
and Conditional Use Permit No. 2905 (for the commercial center td the east)
(Resolution No: PC94-64) in response to issues relating to traffic birculation and
Page 1
I
'1
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
parking between both sites and required the properties to participate in construction.
of a traffic signal.
(c) Conditional Use Permit No. 3240 (to permit a church to use the theatre,facility, with
waiver of minimum number of parking spaces (862 required; 562 proposed) was
apprdvedby the Planning Commission oh January 20, 1990, fora 3-year period.
This Conditional Use Permit expired on January 20, 1993 and the church is no
longer in operation:
(d) Conditional Use Permit No: 2905 (to permit a 40-foot high, 10-screen, indoor theater
complex with waiver of minimum number of parking spaces (757 required; 526
proposed) was approved by the Planning Commission on August 17, 1987, by
Resolution No. PC87-160. On February 13, 1989, the Planning Commission
reviewed and approved revised plates to permiYa 55-foot high; 10-screen theater
bomplez with roof-mounted equipment and waiver'ofmihimum number of parking
spaces (788 requiretlj 412 proposed).
(e) Variance No. 3892 (to waive the requirements pertaining to signs to construct a 247
square foot freestanding sign and two (2) 152 square foot roof sigris) was approved
by the Planning Commission on January 16, 1989:
Photograph of existing parking structure
Page 2
m®
al
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
(7) The site plan (Exhibit Nb. 1) indicates that the property is currently developed with a 49,060
', square foot theater complex and a 21,047 square foot parking structure:. The applicant has
indicated that the entire parking structure would be used for the storage of vehicles from the
off-site automobile dealership.
(8) Vehicular access is provided by two existing driveways. adjacent to La Palma Avenue. The
site plan and survey from the City's independent traffic engineer indicates a total of 666
existing parking spaces on-site including the parking structure and parking spades available
by agreement. With the proposed use of 190 parking spaces in the parking structure far the
storage facility, there are 476 existing spaces remaining available for the theater use (398
surface spaces on-site, 43 parking paces available with an agreement from the adjacent
bank property and 35 spaces within a parking easement agreement with the adjacent
cgmmercial center to the east).; Since the original approval, the theater has remodeled the
interior of the theater resulting in a reduction'in the number of seats: Based do this
modification, Code requires a minimum of 565 parking spaces based on 0.3 parking spaces
per theater seat (1,795 seats) plus two (2) employee spaces per sdreeh (13 screens). Since
the prior conditional use permit approval, ttte parking Jpt has been re-striped resulting in a
change in the number ofparking spaces provided on-site. The current count Feflects actual
usable parking spaces in compliance with bode requirements.
(9) Sign .plans were not submitted as part of this application nor is any signage proposed for the
parking garage.
(10) The applicant has indicated in the letter of operation and: project descriptionthat the parking
structure is to be used as a stdrage lot for new vehicles frdm the Simpson Buick, Pontiad,
and GMCdealership located in Anaheim. The entire parking structure will tie used for
storage of vehicles. The applicant tics indicated that the parking structure wilt be secured
with steel roll up doors.and gated stair wells.. The applicant has further indicated that a
security company will patrol the site frequentlyduring the evening and early. morning hours
and that no employees will be on-site: The hours of activity forthe parking structure would
be 7:00 a.m: tb 11:00 p.m., 7 days a week. Vehicles that are needed from the storage
facility for a customer wduld be picked up by a sales person from the dealership. The
applicant has stipulated that there would not be any truck deliveries of vehicles to the site,
as these deliveries occur at the autd dealership: The vehicles are individually driven to the
site:
ENVIRONMENTAL IMPACT ANALYSIS:
(11) Staff has reviewed the proposal and the Initial Study (a Dopy of which is available for review
in the Planning Department) and finds no ignifidant environmental impact and, therefore,
recommends that a Negative Declaration be approved: upon a finding by the Commission
that the declaration reflects the independent judgment of the lead agency; and that it has
considered the proposed Negative Declaration kogetherwith any comments received during
the public review process and further finding on the basis of the Initial Study and any
comments received thaEthere is no substantial evidence that the project will have a
significant effect on the environment.
EVALUATION:
(12) At the last public hearing, the adjacent property owner of the Imperial Promenade
Shopping Center provided testimony and the attached letter of opposition with
concerns regarding the proposal Hisconcerhs included:
Page 3
® _ - - m ®.e
1
I
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
° The recorded joint end mutual easement and maintenance agreement between
the two propertiesand the potentialviolation of certain provisions'relating to
the upkeep of the property;
® The appropriateness of the use of the parking structure for the off=site storage
of automobiles, and
° The contenfof the parking study.
The Commission continued the item in order for staff to research. the past history of
the site: 1n response, staff has further reviewed the entitlement history of the
pr•operty'and the adjacent commercial center to ensure that the proposed entitlement
does no oonflicfwith any prior zohfng actions:
(13) `The existing theater is currently operating under Conditional Use Permit No. 3414 (to
permit the expansion ofa multi-screen indoor theater complex and to construct a
parking structure with waiver of minimum numberof parking spaces,prohibited roof
mounted equipment and minimumlendscape setback adjacent toa railroad right-of-
way). Resolution No: PC9T-110 for contained the following condition:
°21. That within a period of forty five (45) days from the date of this resolution, an
unsubordihated reciprocal access agreement in a form satisfactory to the City
Attorney shall be recorded with the Office of the Orange County Recorder.
Said agreement shalt specifically include reciprocal ingress and egress to and
from khe driveway on La Palma Avenue across subject property, to and from.
the adjacent property to the southeast (currently'developed with a bank) and
to the east;' Access between the properties shall$e reviewed and: approved
by the City Traffic and Transportation Manager."
This condition was applied in order for the theater property to provide common
'access drive aisles between the theater and thelmperiel Promenade commercial
banter and benKto the east.
(14) Conditional Use Permit No. 3414 was subsequently re-advertised to allow a revised
phasing plan which was approved by City Council on December 8, 1992 (Resolution
No. 92R-246):'Conditionsofapproval were added es follows:
" 28. That prior to issuance of a certificate of occupancy for the theater annex:
(a) A plan shall be submitted to theZoning Division of the Planning
department for review end approval, showing the final existing seafcounts
'for each theater in the multi-plex theater complex and the actual number,
location and szebf all existing on-site parking spaces (the minimum
'parking space'width shall be eightand one half (8'/) feet except that where
the adjacent driveway aisle is narrower than required by Codeendlor City
standards, the minimum space width shall be nine (9) feet;. Said plan shall
have been prepared and certified by e'registered architect and /or certified
civil engineer es 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 isat least eight percent (80%) of the minimum required
'by Code for all the3eats in the theaters. If the minimum eight percent
(80%) parking ratio has not been achieved, the number of seats in the
theatersshall be reducedproportionelly and a newplan shalf be submitted
to the Planning Department for review and approval
Page 4
°-® - - ~ - - - ®~ J
I
l
Staff Report to the
Planning Commission
February 22, 2006.
Item No. 4
(b) Parking agreements shall be obtained by the petitioner for any off•site
parking and said agreements shalt be submitted to the Zoning' Division for
review and approval by the City Attorney's Office and the City Traffic and
Transportation Managec'Any future changes to the seat counts for the
theatersand/or numberandlor locatioh of required parking'spaces shall be
submitted to the zoning Division for further review and approval.
(c) That the petitioner shalt 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 a least eighty percent (80%) of the minimum
number ofparking spaces required by Code being provided: Such
inspection(s)'may be made monthly until nonstruction of the parking
structure (Phase II) is completed and a valid determination can be made as
r to the adequacy of the available parking.
(d) Thatwithin a period of six (6) months from the date of this resolution, the
Planning Department will submit a "Reports and Recemmendation" staff
report to'the Planning Commission discussing the status of'subject multi-
plex theatercemplex: 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(ahd the statusbf the Imperial Promenade'development
constructiomand its parking availability. The Planning Commission may
thereupohschedule apublic hearing in connectiokwith the three
'conditional use permits which include parking waivers fordevelopment on
subject property (Nos. 2905 and 3414) artdbh the adjacent commercial
7etail center to the;east (No. 3253), The purpose df such public hearthgs(s)
would be to modify the conditions(s) of approval'or other aspect of he 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 epaces (thatis, increase the parking waiver), it shall
_ . ' - be the underlying petitioner's responsibility to'file for and payforsuch
""'"" -public hearing, and toprovide the appropriate traffic and parking studies to
;_ ~ support such request."` ~ """~"
(15) .Since the original approval, the number of seats has been reduced from 2,666 seats
to 1,795 seats with the recent remodel of the theaters, cencession'areannd
restrooms. Currently, without theuse of the parking structure (including the eff•site
parking spaceswhioh both have recorded parking agreements) 84°/, of Code required
parking is being provided. Therefore, the property is in compliance with the above
noted condition no. 28 (a)7egarding providing 80% of the minimum number otparking
spaces required by Code.' As7equired by theabove noted conditiomno 28 (b),'a copy
of the agreement between the theaterpropertyand the adjoining Imperial Promenade
property (to compensate the loss of theatef property parking from the l.a Palma
Avenue driveway reconstruction and the installation of common access drive aisles
between the theateeproperty)wasprovtded to the City. Also a copyof the recorded
agreement between the adjacent bank for additional' parking spaces was: provided to
the City. Both agreements comply with Condition No. 28(b): A copyof the reciprocal
parking and access agreement was submitted to the Commission at the`January 23,
2006, meeting: Although. the document was approved as to form by the City; the only
components of the agreement that are overseen by the City would be those that
pertain to specific conditions of approval required by the City; All other provisions
are private agreements in which the City is not a party.: Furthermore, there was no
Page 5
i
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
requirement by the applicable conditional use permits to maintain the appearance of
the theater property consistent with the commercial center-only the requirement to
provide for reciprocai access to the adjoining properties:
(16) , Currently, there are no open Community Preservation cases on the theater site.
Community Preservation Case No. COD2004-06621 for a land use violation for the
storage'of automobiles within the parking structure (Mercedes Benz dealership) was
received on March 26, 2004 and the case was clcsed on June 7, 2004.
(17) On a site inspection conducted on the evening of February 11, 2006, staff observed'
that there is barb wire located on the north wall of the theater,attached to the parking
structure, and along bcth the north artd west chain link fence which needs to be
removed as barbed wire is not permitted in a commercial zonal In addition, there is
inadequate lighting for the parking areas. to the north and west of the parking
structure. Several of the existing lights were outand others need to be adjusted to
provide amore intensive lighting.. Staff also observed that the trash enclosure
located in the northwest corner of the property was overflowing and there was broken:
glass within the parking area. Since the inadequate lighting and maintenance of the
rear parking area and trash enclosure: affects the availability and use of the on-site
parking spaces, staff hasadded conditions to provide for additional trash pick up and
that a photometric. plan be reviewed and approved by the Police Department.
(18)- The parking study prepared by the City's independent traffic consultant indicated that.
the parking ratio observed at this theater was 0.20 spaces per seat, which is
considerably lower than required by code. Due to the implementation dYself-serve
ticket dispensing machines, the number ofemployees required on-site (eight on duty
at night) is considerablyless thancode assumes (2 per screen, or 26 spaces) and the
addition of a theater within six miles has created a reduced demand at thistheater.
:::Therefore, the City's independent traffic consultant determined that there was
sufficient parking on-site to accommodatethe theater use and the vehicle storage use.
'within the existing: parking structures In addition, signage limiting parking spaces to
specific tenants, and time limited'parkingware observed at the commercial center
further deterring theater patrons from parking in the commercial center. Photographs
°°~"`` of these signs have been provided to the Commission. for review.
- (19) Code Section No. 18.120,100.050.0527 requresthat any off-site use of parking areas
- for vehiclessales agencies that are requesting an off-site vehicle storage lot are
required to process a conditional use permib The Commission has approved a
number of conditional use permits in the•SP94-1 (Northeast Area Specific Plan) zone
for off-site vehicle storage parking lots used for dealerships and for auto: auction
businesses.
(20) ;The waiver pertains to the minimum number of parking spaces. Code requires a minimum
of 565 spaces for the existing theater use.: Plans indicate 476'spaoes' provided 84°!0 of the
- code. requirement: The City's independent Traffic Consultant has prepared the parking:
analysisand has determined that the proposed parkingarea would be sufficient for the
propdsed uses dh the property.' Based upon the information provided by the applicant and
upon the recommendation of the City's independent Traffic Consultant; staff recommends
approval of this waiver based on the following.findings:
(a) That the waiver, under fhe conditions imposed, if any; 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 fhe normal and
reasonable foreseeable conditions of operation of such use.
Page 6
J
l
Staff Report to the
Planning Commission
February 22; 2006:
Item No. 4
All of the parking spaces will be provided on-site in the surtace parking lot or in the off-
site shared parking lots. The parking demand of this particular theater has Been
', observed to be lower than the City's Municipal Code.
(b) Thafthe waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
', the proposed use:
There is no curbside parking allowed along La Palma Avenue along the project
frontage.
(c) That the waiver; under the conditions imposed; if any, will not increase the demand for
parking spaces upon adjacent private property in the immediatebicinity of the
proposed use...
All of the parking will be provided within the site's surtade parking lot or in the two off.
' site lots that'have allocated spaces for the theater use.
(d) 'That the waived uhder the conditions imposed; will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
The offstreet parking area is providing sufficient parking for this use. The drive aisles
through this site are'sufficieht to accommotlate the site's ariticipated traffic, and no
congestion is anticipated, as a result of the re-allooatioh of the parking strudture to
uses other than for theater parking..
(e) ' That the waiver, uhder the'conditions imposed; will not impede vehicular ingress to or
egress from adjacent properties upoh the publid streets ih the immediate btcinity of the
' proposed use.
The site will not impact the ingress or egress from any adjacent uses td the public
street.
(21) The applicant has indicated that due to its location and`(mited visibility, customers have not
' traditionally used the parking structure. Staff supports the proposed use as due to the lack
of use; the parking structure has been closed ahd sedured with roll-up doors since at least
February 2005. Moreover, the reduction in the Number of seats within the movie theater
further reduces the need for the structure and 64% of code required parking is being
provided (n' compliance'with the theater's conditions of approval: Therefore; staff is
confiden# that the parking studyconducted by the City's consultanfadequatelycssessed the
site conditions that would existif the proposal was approved since the structure is currently
not in user
(22) The applicant has indicated that the storage of vehicles is limited to a one-year period
with the possibility of an extension: Given the limited duration of the: proposed.
storage facility, the lack bf use of the parking structure, the parking demand study
approved by the City's independent Traffic Consultant, the recommended conditions
of approval and review of the pertinent conditions affecting the parking and access,
staff continues to recommend that the proposed use be approved for a period of one-
year to expire on February 22, 2007.
Page 7
1
Staff Report to the
Planning Commission
February 22, 2006
Item No. 4
FINDINGS:
(23) Section 18.42.110 of the parking code sets forth the following findings which ara required to
be made before a parking waiver is approved by the Planning Commission:
(a) .That the waiver, under the conditions imposed, if any, will not cause fewer off-street.
parking spaces to be provided for such use than the numberbf such spaces
.necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property inlhe immediate vicinity of the.
proposed use:
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
(e) .That the waiver, under the conditions imposed, will not impede vehicular irigress to or
egress from adjacent properties. upon the public streets in the immediate vicinity of the
prdposed use.
Unless conditions to the contrary are expressly imposed upon the granting of anywaiver
pursuant to this section, the. granting of the waiver shall be deemed bontingenf upon
operation of the proposed use in conformance with the assumptions relating to the operation
and intensity of the use as contained in the Parking pemand Study that formed the basis for
approval of the waiver. Exceeding, violating, intensifyingor otherwise deviating from any of
the assumptions as contained in theParking Demand Studysfiallbe deemed a violation of
theezpress conditions imposed upon thewaiver, which shall subject the waiver to
revocation or modification pursuant to ttie provisions of Section 18,60.200 (City-Initiated,
Revocation or Modification of Permits);
(24) Before the Commission grants any conditional use permit, it must make a finding of fact that.
the evidence presented shows that all of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Cpde, or is an unlisted use as defined in Subsection .030 (Unlisted Uses ,
Permitted) of Section 18.6ti:040 (Approval Authority);
(b) That the use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimenta(to the particular area
or to the health and safety;
(d) That the traffic generated by the use wil(not impose an undue burden upon the
streets and highways designed and improved to carry the traffic iri the area; and
Page 8
i
Staff Report to the
Planning Commission
February 22, 200&
Item No. 4
(e) That the granting of the conditional use permit under the conditions imposed., if any,
will not be detrimental to the .health and safety of the citizens of the City of Anaheim,
RECOMMENDATION:
(25) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the evidence
presented in this staff report, and oral and written evidence presented at the public hearing,
that the Planning Commission approve the petitioner's request by taking the following
actions:
(a) By motion, a rove a Negative Declaration for the project:
(b) By motion, approve the waiver pertaining to the minimum number of parking
spaces 565 required; 476 proposed) based on the findings outlined in the parking
study prepared by the City's Traffic Consultant.
(c) By resolution, approve Conditional Use Permit No. 2005-05049 to permk storage bf
vehicles within an existing parking structure for an off-site automotive dealership for
a period of one year to expire February 22,2007, by adopting the attached
resolution including the findings and conditions contained herein,
Page 9
[DRAFT]
RESOLUTION NO. PC2006-'**
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05049 BE GRANTED
(5635 EAST LA PALMA AVENUE -CINEMA CITY THEATRES)
WHEREAS, the Anaheim 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 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A PARCEL MAP FILED IN BOOK 84, PAGE(S) 5, 6, 7 AND 8 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 23, 2006 and continued said hearing to February 22, 2006, at 2:30 pm., notice
of said public hearing having been duly given as required by law and in accordance with the provisions of the
Anaheim Municipal Code, Chapter 18.60, 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
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 18.120.100.050.0507 with the following waiver:
SECTION NO. 18.42.040.010 Minimum number of parking spaces
(565 required; 476 existing and recommended by
..the City's independent parking and traffic.
consultant)
2. That the parking waiver is hereby approved based upon a parking analysis prepared by the
-" ity's independent traffic engineer who has determined that the proposed parking area referenced in the:
- ~ 'study would be sufficient for the proposed uses on the property
• ~ _ _ _.
3., That the parking waiver, under the conditions imposed, if any, 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 reasonable foreseeable conditions of operation of
such use because the observed parking demand is lower that the City's code requirement, and all of the site-
required parking spaces will be provided on-site.
4. That the parking waiver, under the conditions imposed, if any; will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the use as there is no
curbside parking allowed along La Palma Avenue.
5. That the parking waiver, under the conditions imposed, if any, will not increase traffio
congestion within the off-street parking areas or lots provided for such use because the off-street parking is
sufficient for this use, the drive aisles through the site are sufficient to accommodate the site's anticipated
traffic and no congestion is anticipated as a result of the re-allocation of the parking structure to
accommodate the storage of vehicles.
Cr\PC2006-0
-1-
._ ~ ® ® ~ ~ d. r.
PC2006-
6. That the parking waiver, under the conditions imposed if any, will not Increase the demand
and competition for parking spaces upon adjacent private property (which property is not expressly provided
as parking for such use under an agreement) in the immediate vicinity of the proposed use as all parking will
be provided within the site's surface parking lot or in the two off-site lots that have allocated spaces for the
theater use.
7. That the parking waiver, under the conditions imposed if any, 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 the parking structure proposed for vehicular storage has not been used for some time,
and the parking was found to be adequate without it, thereby supporting the conclusion that the surface
parking provided on-site is adequate for the demand generated by the theater. '
9. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the parking spades used for the
proposed storage facility are in excess of those required for the existing lahd use on the property and the
theater property is maintaining a 84% parking ratio as previously conditioned for the theater
10: That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area.
11. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
12. That *** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit storage of vehicles within an existing parking structure for
an off-site automotive dealership with waiver df minimum number of parking spaces; and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the
lead agency and that it has considered the Negative Declaration together with any comments received
during the public review process and further finding on the basis of the initial study and any comments
__
received that there is no substantial evidence that the project will have a significant effect on the
-~'"`" environment.
__
- 'NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions whichare 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 Anatteimr
1. That the temporary storage of vehicles is approved for a period of one (1) year to expire on
February 22, 2007.
2. That the hours of operation fpr the storage and retrieval of vehicles shall be limited to 7:00 a.m. and
11:00 p.m., daily. Said retrieval shall be conducted in an orderly and safe manner through the parking
lot.
3. That the use of car carriers to deliver vehicles to the site shall be prohibited.
4. That nd activity other thari vehicle storage shall occur on the property: Nd vehicle repair, sales, rental,
washing, detailing shall be permitted.
5. That the number of seats in the theater shall be limited to one thousand, seven hundred and ninety-five
(1,795) as stipulated to by the applicant.
-2-
PC200(i-
.r -e ® a
6. That a photometric plan shall be submitted to the Police Department, Community Services
Division for review and approval. The plan shall address lighting at the north end of the
property including adequate lighting of parking lots, driveway, circulation areas, aisles, _
passageways, recesses and grounds of sufficient wattage to provide adequate illumination to
make clearly visible the presence of any person on or about the premises during the hours of
darkness and .provide a safe, secure environment for all persons, property, and vehicles on-
site.
7. That all trash generated from this market shall be properly cdntajned in trash bins contained
within approved trash enclosures. The number of bins shall be adequate and the trash pick-up
shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse
from the property. The Community Preservation Division of the Planning Department shall
determine the need for additional bins or additional pick-up. Ail costs for increasing the
number of bins or frequency of pick-up shall be paid for by the business owner.
8. That the subject property shall be developed substantially in accordance with the plans and.
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit No. 1 as conditioned herein.
9. That prior to oommencemeht of the activity, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 6 and 8, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
10. 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..
BE IT FURTHER RESOLVED that the Anaheim 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
_ _s`Frior to the issuance ofbuilding permits for this project, whichever occurs first. Failure to pay all charges
-~ shall result in delays in the issuance of required permits or the revocation of the approval of this application...
A __
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 22, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3-
PC2006-
. _ ®~ a ®~.
STATE OF CALIFORNIA )
COUNTY OF ORANGE <) ss.
CITY OF ANAHEIM..- )
I, Eleanor Morris; Senior Secretary of the Anaheim Planning Commission., do' hereby`certify
that the foregoing resolution was passed and adapted at a meeting of the Anaheim Planning Commission
held on February 22, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERSi
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2006:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4-
PC2006-
m®e ®® _ ~a
Attachment -Item No. 4
DEBEIKES INVESTMENT COMPANY
S.d9.4cron PARAWIU', IRVISE, Cd 92504 TF.L: 9i9.773.J3?J F.ix: 999.73J.3S-1:
January 23, 2006
Gail Eastman
Chairman.
Planning Commission
City of Anaheim
200 S. Anaheim Blvd
Anaheim, CA 92805
Deaz Chairman Eastman,
By way of introduction, my name is Richazd A. DeBeikes, Jr., President of DeBeikes
Investment Company, and an owner of the Imperial Promenade Shopping Center. I am
here today in my capacity as Agent for Bayport Imperial Promenade Associates, L.P„
owner of the Imperial Promenade Shopping Center. We are in receipt of the Staff Report
dated January 23, 2006 which requests approval of a Conditional Use Permit to permit
storage of vehicles within an existing parking structure for anoff-site automotive::.
dealership.. We are opposed to the use of the Theater's pazking structure for any use or
operation other than serving its patrons or employees: There are several reasons we
oppose the closure of the Theater's pazking structure and its unpermitted use as a `car
barn', and they are as follows.
First, pursuant to the recorded Joint and Mutual Grant of Easements and Maintenance
Agreement dated January 1, 1992, (a copy is attached hereto), the entire ten acre property
_ on which Cinema City, Imperial Promenade and the bank reside, was deemed to betaken.
as a whole, and 'retain at all time the appenrnnce of a ftrst-class retail and commercial
center'.: Additionally, all of the property owners agreed that they `shall not use or _. -
permit the use o{its respective Propert~or nny portion theeeo , ... /v) for any ,
unreasonable use or activity which is not compatible with the operntion o~ first-class
retail and commercial center and movie theater. ' A,`caz bam' for a dealership on Weir
Canyon is not in keeping with the aforementioned covenants.
Second, the existing parking structure was approved as a part of Conditional Use Permit
No. 3414 whereby the Theater expanded its auditoriums, and displaced its parking. The
pazking structure was approved solely. as a part of the operation of the Theater. :
According to Section 18.120.100.030, apazking structure is permitted only where its use
is integrated within the primary use on the property. Use of the pazking structure for any
other use, other than that of the Theater's patrons and employees is a violation of its
Conditional Use Permit and the city zoning code:.
.. a ® ®®®
....Page Two
Chairman Eastman
January 23, 2006
Third, the zoning code section referenced in the staff report, Section
18.120.100.050.0527, relates to the operation of 'Vehicle sales agencies and lots: The
use of a poking structure (which was constructed for adjacent theater auditoriums), for
use as a `caz barn' for an auto dealer several miles away, is clearly out of context with the
intent of the Land Use And Development Standazds-Commercial Area (Development
Area 5). The subject property has been and continues to be a part of a first class retail
and commercial center and movie theater. A `car barn' is not a use which is appropriate
with this property nor is it compatible with its neighbors.
Fourth, the Traffic Study in the Staff Report dated January 23, 2006, is flawed and
contains erroneous information: Specifically, the Traffic Study states, 'There are suns
posted withparking restrictions in the Imperial Promenade to discourage theater
patrons from parking on the Imperial Promenade site. ' There are no signs on the
Imperial Promenade specifically targeting or restricting theater patrons from using the
poking lot at Imperial Promenade. As all parties know, our lot is contiguous with the
Theater, and both lots aze viewed by patrons as `one lof. There is also mention of a
`recorded parking easement agreement' with the bank on our corner. We are unaware of
any such document. Lastly, the parking count information did not count the use of any
parking spaces on the Imperial Promenade property. The collected data blearly shows
the front theater parking lot (Area A) at over 100% capacity, which means the overflow
was on the adjacent and more convenient parking at Imperial Promenade. My fifteen
years of management of this property allow me to state this conclusion.
Taking the aforementioned into consideration, it is our request the Planning Commission
- -- '" deny the applicant's request to operate a `car barn' in its parking structure. Additionally,
~..
we aze asking the city's code enforcement department immediately bring the operation of _ ..
the theater. into compliance with the conditions of its use permit.
Over the past few yeazs, we have shared our views with latest owner of the theater,
including discussing and reviewing with him the covenants that run with the land: We
have done our best to be patient, especially while they remodeled and refurbished their
theater. We were fully awaze that the structure has been closed since February 2005, and
we provided them this consideration while their business was disrupted. It was only after
the remodel was complete and the poking structure remained closed that we, once again,
expressed concern to the city. It was only at that time that we learned of their intent to
operate a `car barn'
From our perspective, the theater owner has not honored the covenants which require all
parties to view the ten acre commercial site as one, first class commercial center. FIis
modifications to make the parking structure look like a jail, rather than a well lit,
®®® ®.. ..
Page Three
Chairman Eastman
January 23, 2006
consumer friendly place to pazk their caz, bear testament to this. At this time, we have no
other alternative than to notify the theater owner of the violations of their conditional use
permit, as well as their violation of the covenants which run with the land. We find this
regrettable, and would prefer a harmonious relationship, but aze left with no other
recourse.
Should you have any questions, comments or concerns, I am available to address them. I
thank you in advance for your consideration, and we look forwazd to our continued, long
term relationship with the City of Anaheim.
Sincerely,
DeBeikes Investment Company
Richard A. DeBeikes, Jr.
President
cc: Tom Koss, Bayport Imperial Promenade Associates, L.P.
John Cotton, Bayhazbor Management Services
®,.. ~ ® ~e,m~®
Attachment • Item'No. 4
CIl~ElVIA C'I'A' Z' A'T S
I'A I~TG S'I'iJI)Y
5635 East La Palma Avenue
Anaheim, California
Prepared for:
Prepared by:
P' Rafiq &
ssociates, Inc,
January 2006
Table of Contents
Section
I. Introduction
II. Project Location
III. Site Description
a. Existing Site
b. Proposed Site
c. Characteristics
IV. Site Uses
a. Off-Site Parking Agreements
V. Parking Requirements
VI. Site Parking Counts
V[I. Methodology of Study
VIII. Findings
IX. Recommendations and Conclusions
X. Appendix A: Parking Counts
Page
1
2
2
2
3
3
4
4
5
.. m s _ m
b Introduction
This Parking Study has been prepared to determine whether the existingparking structure
is needed to serve the Cinema City Theatres. When the parking structure was
constructed; the theater had 2,464 seats. During a recent renovation to all-stadium
seating, the number of seats has been reduced to 1,795.. Another theater has since been
constructed six miles away, also serving Anaheim Hills.
II. Project Location
The Cinema City Theatres site is located at 5635 East La Palma Avenue. It is one block
west of the intersection of Imperial Highway and La Palma Avenue, and within one-
quarter mile of the .State Route 91 Freeway at Imperial Highway.
III. Site Description
a. Existing Site
e
The Cinema City Theatres site is situated on the north side of La Palma Avenue.
It has two access driveways. The easterly driveway is a signalized access, which
is a shared access with the adjacent Imperial Promenade retail center. The
westerly access is a right-in/right-out access onto La Palma Avenue. There are
three connecting drive aisles between the Cinema City Theatres site and the
Imperial Promenade. Directly:across La Palma Avenue from this site is another
retail center, the Anaheim Hills Village..
b. Proposed Site
No changes are proposed to the site at this time, other than the re-purposing of the
parking structure for use by others.
a Characteristics
The Cinema City,Theatres is a l3-screen theater. The Imperial Promenade is a
retail center with reskaurants, a bank, coffee shop; and retail uses. These are signs
posted with parking restrictions in the Imperial Promenade, to discourage theater
patrons from parking on the Imperial Promenade site: It is our understanding
From City staff; that these two sites have separate owners, who have only a
reciprocal access agreement for ingress and egress along the shared driveway.
The bank has 43 parking spaces that it shares with the theater, in a reciprocal
parking agreement. There are an additional 35 parking spaces available at a site
to the east of the theater, in a recorded parking easement agreement.
IV. Site Uses
The Cinema City Theatres have 13-screens and approximately, 1,795 seats. The surface parking
lot contains 398 parking spaces. Per the previous parking study prepared by LLG, the parking
structure just north of the theater contains 190 parking spaces. The parking structure has been
locked and unavailable for theater patrons for some time.
This theater recently instituted self-serve, un-staffed ticket booths, which sell tickets to all
customers. This machine accepts cash and charge cards. The maximum number of employees
onsite at the Cinema City Theatres during the day is five and at night, eight, per City staff's
conversation with the theater manager. The manager also stated that the employees are generally
teenagers, who are dropped-off, and do not drive themselves to cvorlc at the theater.
a. Off-Site Parking Agreements
There .are 35 parking spaces available in a recorded parking easement agreement and 43
parking spaces available in a reciprocal parking agreement. The total offsite spaces
available are 78.
V. Parking Requirements -
Per the City of Anaheim Muriicipal code, Section 18.42.040. Recreational; Commercial Indoor,
Theaters-Multi-Screen Motion Picture, 0.3 spaces per seat or per patron are required, whichever
results in a higher number, plus 2 employee spaces per screen.
Calculation of Parking Spaces Required by Code-
Theater Parking Rate Spaces Required by
Code..
1,795 seats 0.3 s aces/seat 539 Patrons
]3 screens 2 s aces/screen 26 Em Io ees
Total re aired b Code _ 565 -
Tabulation of arkin s acesavailable for theater atrons without arkin structure)
Location Number of existin s aces
Onsite surface arkin 398
Recorded Parking Easement Agreement 35
RecipTOCaI Parking Agreement 43
Total surface arkin available 476
Adding the surface parking and offsite parking from the two agreements results in a total of 476
available parking spaces, which results in a shortfall of 89 parking spaces, based on the Code-
required parking. The number of employee parking spaces is overestimated by the Code, as this
Cinema City Theater Parking Study
2
Rafiq & Associates, Inc.
theater employs a maximum of eight employees, which is considerably less than the 26 assumed
in the Code:
VI. Site Parking Counts
Parking counts were taken by Southland Car Counters on four nights in December to reflect the
peak demand due to holidays and school breaks. The counts are provided in Appendix A.
VII. Methodology of Study
Based on the number of occupied parking stalls during peals and non-peals periods, the observed
parking ratio are compared with the Municipal code's parking ratio.
The maximum observed number of occupied parking spaces during the four nights counted, was
356 spaces at 8:00 PM on Saturday December 17, 2005. The timeframe for the parking counts
was chosen to provide an observation of the peak holiday crowd, and is considered to be a
"worst-case" scenario. Compared to the 398 existing surface parking spaces available, the
spaces in the surface parking lot were only 89% utilized at 8:00 PM an a Saturday during the
holiday peak period.
The observed parking ratio is then obtained by dividing 356 occupied spaces by 1,795 seats, to
achieve 0.20 spaces per seat. This assumes that atl parking in the surface lot is occupied by
theater patrons, and that employees do not drive, or have parked in one of the offsite lots. The
observed parking ratio is much lower than the City's code.
VIII: Findings
The number of existing surface parking spaces occupied onsite during the peak holiday period
was 89%. The pazking ratio observed at this theater was 0.20 spaces per seat, which is
_. considerably lower than the Municipal Code... Due to implementation of self-serve ticket
-_ ___ dispensing machines, the number of employees required onsite (eight on duty at night) is
considerably less than the Municipal Code assumes (two per screen, or 26).
__ ~ _
There are several possible explanations for the reduced parking demand that has been observed.
The variety of movies shown. at this theater are predominantly geared towards families and
children. Of the nine movies showing during the holiday period, one. was rated G, two were
rated PG, four were rated PG-13 and two were rated R. Families typically have a higher vehicle
occupancy rate. than couples.. Also; it is not uncommon for parents to drop off their children
during the holiday period, rather than accompany them, resulting in a reduced parking demand.
Also, the opening of a more modern theater within six miles, has created a reduced demand at
this theater.
Based on the parking counts taken and the review of the Cinema City Theatres site, the following
findings for a variance from the Municipal Code for non-residential parking are made, below:
Cinema City Theater Parking Study 3 Rafiq & Associates, Inc.
Finding18.42.110.0101: That the varimzce, zmder the conditions unposed, if any, will not cause
fewer off-sn•eet parking spaces to be provided for the proposed zrse than the number of szrch
spaces necessary to accommodate all vehicles attributable to such use ender the normal and
reasonably foreseeable conditions of operation ofsuch zrse.
All of the parking spaces will be provided dnsite in the surface parkirig lot or in the
offsite shared parking Tots. The parking demand of this particular theater has been
observed to be lower than the City's Municipal code.
Finding 18.42.110.0102: That [he vartance, under the conditions imposed, if any, will not
increase the demand and competition for parking spaces upon the public streets in the inmzediate
vicinity of the proposed zzse.
There is no curbside parking allowed along LaPalma Avenue along the project frontage:
Finding 18.92.110.0103: That the variance, under the conditions imposed, if any, will not
increase the demand and competition for parking spaces upon adjacent private property in the
im»ediate vicinity of the proposed use (which property is not expressly provided as parking for
such use under an agreement in compliance with subsection 18.42.050.030 (Non-Residenlinl
Uses- Exception)
All of the parking will be provided within the site's surface parking lot or in the two
offsite lots that have allocated spaces for theater use.
Finding 18.42.110.0104: That the variance, zmder the conditions imposed, if any, will not
increase traffrc congestion within the off-street parking areas or lots provided for the proposed
use.
The off-street parkirig area is providing sufficient parking for this use. The drive aisles
__ through this site are sufficient to accommodate the site's anticipated traffic, and no
-_ ,,., congestion is anticipated, as a result of the re-allocation of the parking structure to uses
other than for theater parking. "-
Finding 18.42.110.0105; That the vnridnce; under the conditions imposed, if mry; will not
impede vehicular ingress to or egress from adjacent properties upon the public streets in the
immediate vicinity of the proposed use:
The site will not impact the ingress or egress from any adjacent uses to the public streets.
IX. Recommendations and Conclusions
The Cinema City Theatres site has an observed parking demand considerably lower than the
City's Municipal Code. All of the findings for a variance from the City's Municipal Code have
been met.
Cinema City Theater Panting Study 4
Rafiq & Associates, Inc.
_ _ _ m ._. m
Appendix A Parking Counts-Holiday Period
Cinema City 5635 East La Palma-Anaheim
Project #: 05-1265-OOt Dater 12/16/2005
Fri
Area A B C D E F ' Total
S aces 212 17 47 50 16 56 ass
5:00 PIIA 194 18 35 27 0 25 299
$:00 Pnfl 211 18 32 37 ' 0 26 324
7:00 PM 198 15 37 36 0 31 317
8:00 PIVI 186 14' 40 36 0 37 313
9:00 PM 182 11 40 34 0 34 301
10:00 PIVI 178 11 32 26 0 26 273
fatal Available
Nax.Occupied
A: 200 Std 8 12 HC Spaces
Layout of Parking Areas (north is up; La Palma Avenue is down)
promenade
site)
right in/out access signalized access
La Palma Avenue
Anaheim Hills Village across street
Cinema City Theater Parking Study 5 Rafiq & Associates, Inc.
m ,._ m a
Appendix A (Continued) Parking Counts-Holiday Period
Cinema City 5635 East La Palma-Anaheim ,
Project #: 05-1265-001 Date: 12/17/2005 _
Sat
Area A B C D E F Total
5 BCeS 212 17 47 50 16 56 398
5:00 Pflll 198 14 41 33 0 38 32a
6:00 PIVI 207 14 41 35 0 39 336
7:00 PM 213 16 44 39 0 41 353
8:00 PM 215 17 44 39 0 41 35s
9:00 PM 190 16 35 23 0 30 294
10:00 PflA 184 12. 31 ' 19 0 24 270
Total Available
Max.Occupied.
A: 200 Std. R 12 HC Spaces
356 was the maximum observed number of parking spaces occupied throughout the four
day count period.
Cinema City Theater Parking Study 6 Rafiq & Associates, Inc.
® - m m ..>
Appendix A (Continued) Parking Counts--Holiday Period
Cinema City 5635 East La Palma-Anaheim
Project #: 05-1265-001 Date: 12/23/2005
Friday
Area A B C D E F Total
S aces 212 17 47 50 16 56 sss
5:00 PM 166 14 25 27 0 16 248
6:00 PIVI 143 14 28 24 0 18 227
7:00 PM 131 14 24 20 0 14 203
8:00 PIVI 129 14 19 18 0 12 192
9:00 Pflfl 120 14 17 15 0 6 172
10:00 PNI 109 11 14 13 0 5 152
A: 200 std. & 12 HC spaces
Cinema. City Theater Parking Study
7
olal Available
Max. Occupied
Rafiq & Associates, Inc.
® d. m .. a _ n~ se
Appendix A (Continued)Parking Counts-Holiday Period
Cinema City 5635 East La Palma-Anaheim
Project #: OS-1265-001 Date: 12/30/2005
Friday
Area A B C D E- - F Total
# of S aces 212 17 47 50 16 56 3sa
5:00 PM ` 189 11 31 24 0 - 17 272
6:00 PIVI 185 13 32 24 0 19 273
7:00 PII~ 171 14 32 25 0 19 261
8:00 PIVI 167 14 31 19 0 17 248
9:00 PIS 151 14 29 17 0 12 zz3
10:00 PM 134 14 27 13 0 8 19a
Tolal Available
Maz Occupied
A: 200 Std. & 12 HC Spaces
i
Cinema City Theater Parking Study 8 Rafiq & Associates, Inc.
_® a<. .~
® mm a s m rm ~
ITEM N0. S
~~ 11 JGLIY ROGER 6P 92.2
I / Y I INN RE6T. R OUP 359
I^ I II I VAR 2]30:
I i CHEVRON
I I i ~ I. RCL CUP 389 (64) ss.
1 I I VAR 7276 ., ., .....
ANAHEIM CONVENTION j j I ~I I DOLL i NOGER SP 92-2
CENTER / / SP 92-2 I + I PORTOFINO INN
/ / CONVENTION CEMER I I ' HOTEL
j % PARKING I I~ _
t n
~r3'r~~
`'~"
~
.~
~
~:.~
a
~ RCL 66-67-61 {44)
/ ,+' ,~ „„„-r~' yes xy G
' y ,r
/ r"Er rr .c'~~
su CUP 3965
~ CUP 2130
,~
w
~` `~'~L°e~.,E n~ fir
SP 9a2 ~
: I VAR 2906-64877
„
,
a
<'""%T
"" '°'~e e,.
g s`~'~
~
~ / I VAR 3891
,,,~
z
;
.~
ANAHE M CONVENTION
cErrrER / ~ ~ ~s ; 3 ~~ °ryn~~~ ~
'
' I VAR 2966 S
/ :3 s~ ~.~-~ SP 92-2I
z „~~r 3
wf t
"
' I Q VAR 2962
~ ~ ~€~-~-~„I
~. 1TPM 2006120("`,~~;.- ~~ y~`
'`F.
u TiM 16868 `
~ - (~ SHERATON HOTEL
/ ~,,, M
~ 1
~
- r
CU
0
~ ,., n
3101308~ ~ ~~
CUP
d~ m ~ W
~
` ~"'Y
s~Ir`~] q j CUP 2130 ~ g~~f-~ I I ~
,
sc ~,`-~',~„, ~1 .(VAR 7295) ~ .,''-._,^,.,
.rvi i 2
j ~ i 606'-~1
CONVENTION WAY
i
B&
RCL
67.61 (2Z1
~ T-CUP 2001A4445
CUP 2001-04320
~
~ CUP 4065
i CUP 2245
~ CUP 1634
CUP 666
VAR 2008-04666
VAR 200304881
(CUP 2002A4636)
N
2
VAR 2003A4551 AR-117
1 --
__ -
RCL 8667-81 (76) ANAHEIM MARRIOTT
ALL PROPERTIES ARE IN THE ANAHEIM RESORT
OVERLAND STAGE REST.
VAR 2361 5 I
FSP 96-04
ARION HOTEL
~o,
Conditional Use Permit No. 2006-05067 ~_ '~ ' Subject Property
Tentative Parcel Map No. 2006-120 Date: February 22, 2006
Scale: Graphic
Requested By: ANAHEIM HOTEL PARTNERSHIP, LCP Q.S. No. 77
CUP 2006-05067
REQUEST TO PERMIT ANON-RESIDENTIAL CONDOMINIUM HOTEL FOR FINANCING PURPOSES.
SUBTPM 2006-120
TO ESTABLISH A 1-LOT NON-RESIDENTIAL COMMERCIAL CONDOMINIUM HOTEL PROJECT
SUBDIVISION FINANCING PURPOSES.
777 Convention Way
zns
m ® any ® ~ e
Staff Report to the
Planning Commission
February 22, 2006
Item No. 5
5a. (Motion)
5b. (Resolution)
5c. (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, approximately 8.5-acre property is located at the Northwest corner
of Hotel Wayand Convention Way with frontages of 606 feet on the north side of
Convention Way and 680 feet on the westside of Hotel Way (777 Convention Way-
ANahem Hilton).
REQUEST:
(2) The applicant requests approval of the following:
Cbaditional Use Permit No: 2006-05067- to permits non-residential cdndominium hotel for.
financing purposes.
Tentative Parcel Mao No: 2006-120 - toestablish a 1-lot non-residential commercial
condominium hotel project subdivision for financing purposes.
BACKGROUND:
(3) This property is currentlydeveloped as a 14-story; 1,572-room hotel and zoned SP92-2
(Anaheim Resort Specific Plan No. 92-2), PR (Public Recreation) District (Development
Area 2). The Anaheim General Plan designates the property. for Commercial Recreation
land uses.
(4) Conditional Use Permit No' 2288 (to permit a 160-foot high 1,600-room hotel and related
uses including on-premisessale and consumptidh of alcoholic beverages, with a waiver of
the mihimum number; tlesign and type'of bff-street parking spaces) was approved by the
City Council do March 9, 1982; following approvat by the Planning Commission.
_" (5) Section 18.116.080 -Land Use and Site Development Standards -Public Recreation (PR)
... .~
District (Development Area 2)bf Chapter 98:118 (Anaheim Resort Specific Plan No: 92-2
(SP 92-2) Zoning and DevelopmentStandards) of the Anaheim-MunicipatGode states that
parcels encompassed by the PR Districfshall be subject to the standards antl regulations
of the PR (Public Recreational) Zone as set forth in Chapter 18.14 (Public and Specia(
Purpose Zones).
(6) Subsection .0907of Section 18.14.030.090 (Additional Uses iri the PR Zone) states that
the City mayallbw buildings, structures and uses in the PR Zone that are not listed in Table
14-A (Primary Uses: Public and Special Purpose Zones) of Chapter 18.14 (Public and
Special Purpose Zones) of the Anaheim Municipal Code; if the City Councif or Planning
Commission; by resolution; determines that they benefit the health; safety and general.
welfare of the citizens of Anaheim. In addition; the code provides for the applicatioh of a
conditional usepermit for land uses thafare notidentfied in the code.
SR022206-SKCUP2006-05067 FINAL.doc
Page 1
Staff Report to the
Planning Commission:
February 22, 2006.
Item No. 5
PROPOSAL
(7) Ttie applicant is requesting that the existing Hilton Hotel be converted to anon-residential
condominium hotel for financing purposes, a categoryof hotel which is hot identified in the
Code. According. to the applicant's letter of operation and the project description, the
proposed request is intended to allow the financing. of the hotel to change from a lender
financed entity to an owner financed entity. No physical oroperational cnanges, outside of
the financing of the hotel; are proposed. The existing use df the perking structure would
continue as existing, and the portion of the parking structure owned'by the City is not a part
of this request. A copy of the letter of operation and the project description are provided as
attachments to this staff report.
(8) The owner financed structure would consist of investors purchasing airspace condominium
units, together with an undivided interest in the hotel's common areas, similar to a
residential condominium development; however; the commercial condominium units would
not include privileges typically found in residential condominiums (i.e:; the owner will not be
allowed to reside in the units). The owner's use of a condo hotel unit would be limited to
fourteen days per calendar year and would be subject to payment of Transient Occupancy.
Tax, which would address the impacts of the transient use: It should be noted that both the
General Plan and the Anaheim Resort Specific Plan do not allow residential dwelling units
in the Anaheim Resort Specific Plan area
(g) The proposed. parcel map is necessary for the sale of the condominium unjts. The
condominium units would be sold by securities brokers as a financial' investment. The draft
Declaration of Covenants, Conditions and Restrictions (CCBRs) prepared by the applicant,
provide that participation in a Master Lease to the Anaheim Hilton isa mandatory condition
of purchase and that the investors would not tie involved in hotel operations or
maintenance in'cbnfbrmanoe with the dictates'df he Master lease. The existing hotel
administration and staff would continue to operate and maintain the hotel A copy of the
draft CC&RS and the draft Master Lease are on file in the Planningbepartment.
ENVIRONMENTAL IMPACT ANALYSIS:
_~
(10) Staff has determined that the proposed project falls within the definition of Categorical
Exemptions; Section 15301, Class 1 (Existing Faoilitles} and Class 15 (Minor Land
Divisidns); as defined in the State CEQA (California Environmental Quality Act) Guidelines
and is, therefore, categorically exempt from the. preparation of further environmental
documentation. `
EVALUATION:
(11) Based on the information submitted 6y the applicant, the proposed use and associated
parcel map wouldnot physically change the subject property; the existing structure dr the
hotel operations' and is for financing purposes only: ,The requirement of this conditional use
permit is to provide a mechanism to add oonditions'of approval to ensure that the proposed
airspace subdivision does not result in any change bf use of the hotel from commercial to
Yesidential, to ensure cdntirued'unitary operation and control of the hotel, and to
memorialize chat the requested subdivision is exclusively far financing purposes. The
proposed non-residential condominium hotel for financing purposes is a land use for a type
of hotel that is permitted if the Commission determines 6yresolutidh that thedand use
would benefit the health:, safety and general welfare of the citizens of Anaheim. In addition,
the code allows the application of a conditional use permit for land uses not listed in the
code. Since there are no changes proposed for the hotel, the continued operation of the
hotel as subdivided would not adversely affect surrounding land uses, impose an undue
burden on City streets or cause a detriment to the health and safety of the citizens of '
Anaheim. The size and shape of the property would continue to be adequate for the hotel
Page 2
Staff Report to the
Planning Commission
February 22, 2006
Item No. 5
use. In order to ensure that the non-residential condominium hotel for financing purposes
continues to operate as a hotel as approved by Conditional Use Permit No. 2288, staff
recommends conditions of approval relating to the operation and maintenance of the hotel
as listed in the draft resolution.
(12) Since the proposed parcel map is a commercial subdivision of an existing hotel, the
creation of commercial airspace units would be consistenf with the General Plan and
Anaheim Resort Specific Plah applicable to the property. The size and shape of the
property would not be altered; therefore the proposed subdivision would hofcause the site
to be unsuitable for the development or result in any environmental damage or health
...problems. '
FINDINGS:
(13) Before the Planning Commission grants any conditdnal usepermit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one fdr which a conditional use permit is
authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030
(Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority);.
(b) That the proposed use will hot adversely affect the adjoining land uses or the
', growth and develdpment of the area in which it is proposed to be located;
(c) That the size and shape of the site proposed for the use is adequate to allow the full
develdpmehEof the proposed use in a manner not detrimental to the particular area
br to the health and safety; ;
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved tp carry the traffic in the
area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
-- will not be detrimental to the health and safety of the citizens of the City of Anaheim.
__ (14) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
to include in all motions approving, or recommending approval of a tentative parcel map, a
specific finding that the proposed Subdivision together with its design and improvement is
consistent with the City's Geheral Plan.
(15) Further, the law requires that the Commission make any of the following findings when
denying or recommending denial of a tract map.
{a) That the proposed map is not consistent with applicable General and Specific
Plans.
(b) That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
(c) That the site is not physically suitable for the type of development.
(d) That the site is not physically suitable for the proposed density of development:
(e) That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat_
Page 3
® ®. .. e a a
Staff Report to the
Planning Commission
February 22, 2006
Item No. 5
(f) That the design of the subdivision or the type of improvements is likely to cause
serious public health problems:
(g) That the design of the subdivision or the type of improvements will conflict with
easements,. acquired by the public at large, for access through or use of property
within the proposed subdivision."
RECOMMENDATION:
(16) Staff'recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
public hearing and the findings included in the attached resolutions, the Planning
Commission take the following actions:
(a) By motion, determine that the project is Categorically Exempt under CEQA
Guidelines Section 15301, Class 1 (Existing Facilities) and Section 15315, Class.
- 15 (Minor Land Divisions).
(b) By resolution, a rove Conditional Use Permit No. 2006-05067 to permit a non-
residential condominium. hotel for financing purposes by adopting the attached
resolution inclutling the findings and conditohscdhtained thereiri.
(c) By motion, approve Tentative Parcel Map No. 2006-120, to establish a 1-lot
commercial condominium subdivision based upon the attached conditions of
approval and findings that (a) the proposed parcel map for a commercial
subdivision (non-residential) is consistent with the General Plan ahd the Anaheim
Resort Specific: Plan, (b) the site is physically suitable for the proposed type of
development ahd (c) the proposed subdivision does not propose ahy changes to
the existing operation and therefore would not cause public health problems or
environmental damage:
Page 4
i
I
[DRAFT]
RESOLUTION NO. PC2006-""'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05067 BE GRANTED
WHEREAS, the Anaheim Planing 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:
Legal Description to be inserted.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on February 22, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18:60 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_
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 ndn-resjdehtial cbnddminium hotel for financing purposes is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section 16:14.030.090 (Additional
Uses in the PR Zone);
2: That the proposed use will not adversely affect the adjoiriing land uses'or the growth and
develdpmenf of the area ih wfiich it is proposed to belocated because no physical or operational changes,
outside of the financing of the hotel; are proposed;'
3. 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 detrimental to the particular area or to the health and safety because no
physical or operational changes, outside of the financing of the hotel, are proposed;
4. That the traffic generated by the proposed use will not impose an undue burden upon the streets
~.nd highways designed and improved to carry the traffic in the area because no physical or operational
_ ^~- ihanges, outside of the financing of the hotel, are proposed; and
5. That the granting of the conditional use permit under the conditions imposed; if any, will not be
detrimental to the health and safety of the citizens of the City of Anaheim because there are no changes td
the existing land use as the hotel will continue to operate in the same manner as it does presently:%-
6. That ""` indicated their presence at said public hearing in opposition; and that no correspondence
was received in opposition to the subject petition.,.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning commission
concurs with staff that the proposed project falls within the definition of Categorical Exemptions, Section
15301, Class 1 (Existing Facilities) and Class 15 (Minor Land Divisions), as defined in the State CEQA
Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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:
Cr\PC2006-0 -1- PC2006-
® ~ m
1. Ongoing during project operation, with the exception of the proposed financing structure, the
non-residential condominium hotel for financing purposes shall be maintained and operated
as a hotel as approved by Conditidnal Use Permit No: 2288.
2. Ongoing during project operation, Transient Occupancy Tax shall be collected for all hotel
rooms as set forth in Chapter 2.12 (Transient Occupancy Tax) of the Anaheim Municipal
Cade.
3. Ongoing during project operation, owners use of airspace condominium units shall be limited
to fourteen (14) days per calendar year and shall be subject to the same hotel rates as all
other guests at the hotel for comparable units. Said payment of hotel rates shall be subject
td payment of Transient Occupancy Tax.
4: The CC&Rs and Master Lease shalt not be amended dr terminated without the prior written
approval of the Planning Director and modification of land use permits as may be required to
authorize and reflect the changes in the CC&Rs and/or the Master Lease:
5. Ongoing during project operations, the property and the existing structure shall continue to
be operated and maintained as the Anaheim Hilton Hotel or a hotel of comparable quality
and shall be managed, maintained and operated by a single qualified professional entity .
6. Ongoing during project operations, at no time shall the hotel rooms be occupied as
residential dwelling units.
7. 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
cdmpliance or approval df the request regarding any other applicable ordihance, regulation
or requirement.
BE IT FURTHER RESOLVED that the Anaheim 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 hull and void.
BE IT FURTHER RESOLVED that-the applicant is responsible for paying all charges related
to the processing of his discretionary case application within 15 days of the issuance of the final invoice. or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 22, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60; "Zoning =
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2-
PC2006-
.~ ~ ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adapted at a meeting of the Anaheim Planning Commission.
held on February 22, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3-
PC2006-
® ~ ~_
I City of Anaheim
1~LANNING D~I'AItTMEN~'
,-.: >«
~,. 6
~.
`~
February 22, 2006
n
Anaheim Hotel Partnership, LCP
777 Cohvehtion Way; Suite 100
Anaheim, CA 92802
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
February 22, 2006.
5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 AND 15
5b: CONDITIONAL USE PERMIT NO: 2006-05067
Sc. TENTATIVE PARCEL MAP NO 2006-120 (READVERTISED)
Owner. Anaheim Hotel Partnership, LCP, 777 Convention Way, Suite 100,
Anaheim, CA 92802
Agent: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa Mesa, CA 92626
Location: 777 Convention Way:. Property is approximately 8.5-acres and is
located at the northwest corner of Hotel Way and Convention Way
(Anaheim Hilton and Towers).
Conditional Use Permit No. 2006-05067 -Request to permit anon-residential
condominium hotel for financing purposes.
Tentative Parcel Map No. 2006.120 - To establish a 1-lot non-residential
', commercial condominium hotel project subdivision. for financing purposes.
ACTION: Commissioner XXX offered a motion; seconded by Commissioner XXX and
_
.
-=
~
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
,
~ permit anon-residential condominium hotel for financing purposes and to establish a 1-lot
non-residential commercial condominium hotel project subtlivisior"fotfinancing purposes and
does hereby determine that the project is Categorically Exempt under CEQA Guidelines
Section 15301, Class 1 (Existing Facilities) and Section 15315, Class 15 (Minor Land
Divisions).
Gommissoner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby apprdve Tentative Parcel
Map No. 2006-120, to establish a 1-lot non-residential commercial cdhddmini~m hotel
subdivision for financing purposes, including its design and improvements, based on the
finding that (a) the proposed parcel map for a commercial subdivision (non-residential) is
consistent with the General Plan and the Anaheim Resort Specific Plan, (b) the site is
physically suitable for the proposed type of development and (c) the proposed subdivision
does not propose any changes to the existing operation and therefore would not cause public
health problems or environmental damage, subject to the following conditions:
20B South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
wvnr.anaheim.nal TEL (714) 7fi5-5139
__. _.
1. Prior to approval of the Final Map, final CC&R's and a final Master Lease
shall be submitted to the Planning Department and the City Attorney's Office
for review and approval. The final CCBRs and Master Lease shall lie
consistent with Conditional Use Permit No. 2006-05067, the draft CC&Rs
and Master Lease dated February 8, 2006, on file in the Planning
Department, the Anaheim Resort Specific Plan and the City of Anaheim
General Plan. The CC&Rs and Master Lease shall not amended or
terminated without the prior written approval of the Planning Director and
modification oFland use permits as may be required to authorize and reflect
the changes in the CCBRs and/or the Master Lease.
2. Prior to approval of the Final Map, the title company shall review. the airspace
conddminfum map and certify that the airspace condominium map has
created insufable units for sale as commercial condominium units.
3. The Final Map shall be submitted to and approved by the City of Anaheim
and the Orange County Surveyor and than shall be recorded in the Office of
the Orange County Recorder...
4. That the approval of this parcel map shall be contingent upon approval of
Conditional Use Permit No. 2006-05067:
5. That prior to approval of the Final Map, Condition Nos. Y and 2, above-
mentioned, shall bebomplied with.
6. That sub}ect property shall be maintained 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, and as conditioned herein.
7. That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim 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 -
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
cc: Kelty Carlyle, Psomas,' 3187 Red Hill, Suite 250,' Costa Mesa, CA 92626
TPM2006-120_ExcerpC
Attachment -Item No. S
Anaheim Hotel Partnership
777 West Convention Way, Suite 100, Anaheim, CaliFomia 92802 phone: 714/740-4700 Fax: 714/740-4711
January 24, 2006
Ms. Susan Kim.
Associate Planner
City of Anaheim, Planning Deparment
200 South Anaheim Blvd.
Anaheim, Califomia 92805.
SUBJECT: ANAHEIM HILTON -DESCRIPTION OF HOTEL OPERATIONS
bear Susan:
The Anaheim Hilton is owned by Anaheim Hotel Partrtership, a California limited partnership,
and is managed, under along-term management agreement, by Hilton Hotels Corporation.
Existing Facility
The facility consists of a 14 story, 1,572 room hotel located on approximately 8.6 acres at 777
West Convention Way, Anaheim, California. The hotel building area is approximately 1,
489,000 squaze feet and the structurally integrated parking structure is approximately 882,258
squaze feet. The primary hotel frontage is on Convention Way, with Hotel Way to the East and
the former Convention Center Drive (now a landscaped pedestrian walk-way) to the West. The
Anaheim Convention Center is approximately 50 yazds due West of the hotel.
~° Its primary business is accommodation of group meetings .and conventions, on both a City-Wide
-_~ .. -
and In-Hotel Only, basis. Its secondary mazket is the Leisure/Pleasure guest, most of who come.. -
-- to Anaheim to visit the Disney Theme Pazks~ The Catering Services Department is very active
hosting many corporate and private social events, including weddings, throughout the yeaz. The
Catering Department also provides enormous support to the meeting and convention clientele:
In addition to its 1,572 guestrooms (96 of which are suites), the hotel has approximately 107,000
squaze feet of meeting space, including two 29,000 squaze foot ballrooms and 53 additional
meeting rooms of varying sizes. A pool deck and two lanai/gazden decks are located on the 5°i
Floor of the Hotel. Restaurants include the Oasis (coffee shop); Pavia (fine dining); Starbucks
Coffee; The Avenue Bar and Hastings on the Avenue Sports Bar; a Sushi Bar; The Gazebo Pool
Deck Sandwich, Pizza and Bar. All the food service outlets, including Starbucks Coffee; aze
operated by the Hotel
The retail amenities include the Gift Shop and the Character Shop (both operated by Travel
Traders) and several sole proprietorships (outside tenants) including the Cachet Boutique,
Oriental Crafts and Trading Company, Studio Da Vinci, and Studio 8 Florist.-None of the shops
are hotel operated.
CUf NQ, 'LO66 ° 0 5 0 6 7
.._
The Hilton Spa and Fitness Center is located in the lower lobby of the Hotel and offers a 6111,:.__.
range of exercise equipment and classes.: There are also limited spa services, an indoor pool, a
sauna, a'/< size basketball court and apro-shop. This is a Hotel operated facility and occupies
approximately 25,000 square feet. The Spa and Fitness Center has repeatedly been rated in the
top ten, for hotel based facilities in the United States.
Parking
The Anaheim Hilton offers valet parking services as well as self-park services. Panting is
provided in the five story parking structure, which is structurally integrated with the Hotel. The
City of Anaheim awns 51.07% with the Anaheim Hotel Partnership owning the remaining
48.93%. The parking structure (Car Park 2) is managed by the City of Anaheim; via a vendor
contract with Standard Parking, Inc. Valet service is accommodated on the first floor of the
pazking structure, by the hotel, through a contract with Advanced Parking Systems. There are
approximately 2,292 pazking spaces available in the parking structure, which are shazed by the
hotel and the Anaheim Convention Center. Parking structure maintenance is primarily provided
through the Anaheim Convention Center Property Operations Department, however all systems
which aze common to the hotel and the parking structure, such as fire sprinkler systems,
elevators and electrical, are maintained by the Hotel Property Operations.
Employees
The Anaheim Hilton employs approximately 875 Team Members, of which approximately 150
are "On-call banquet service staff': There are three (3) shifts with the personnel distributed over
the shifts as follows:
A range is provided as occupancy is variable throughout the year resulting in the range of
personnel to address the needs to the hotel's clientele.
Hotel Operated Departments
De artment Res onsibilties
Hotel Administration Mana ement and oversi ht of all hotel o erations.
Finance and Accountin Res onsible for all financial related o erations.
Human Resources Responsible for all human resources related
res onsibilities.
Convention, Meeting and Room Sales Responsible for booking all hotel business other than
cit -wide meetin s.
Food and Beverage Includes all restarurant and catering functions, room
service and related kitchens and sup ort facilities.
Housekeeping The largest Department within the hotel -responsible
for cleanliness ofall estrooms and ublic areas, linen
Shift # of Em to ees
Da 315-400
Swin 145-185
Grave and 24-31
24 Hour Total 484-616
_ 'a
and towel changes and amenities. The Department
o erates on a 24/7 basis.
Front Office Operations/Guest Manages all guest registration and check-out as well as
Services guest relations matters. Interfaces with Hilton's national
reservations offices to coordinate reservations made
through that source for this property. Manages bell
desk staff, mail and information and concierge services.
Convention Services Provides support to meeting and convention groups in
the planning and implementation of their events at the
hotel.
Property Operations Addresses the operation, maintenance and upkeep of the
entire hotel. Property Operations contracts Elevator and
Escalator maintenance to Amtech Elevator Services.
Landscape maintenance is also contracted out. The
other key trades are represented in the make-up of the
Property Operations staff. This Department is also
responsible for the guestroom entertainment system and
fire/life safe systems in the hotel.
Hotel Security Operates on a 24/7 basis, mans the fire control center
and provides general security for hotel operations, in
addition to providing security for hotel sponsored events
and groups with special security needs. Provides first
aid training, safety training and disaster preparedness
training to the hotel staff.
Hotel Laundry Provides all laundry related services to guests and team
members, except for dry cleaning which is contracted to
an outside service.
Hotel Communications/Information Manages all hotel based communications systems,
Technology including standazd telephone, high speed Internet and
wireless Internet services to both public areas and
guestrooms. Manages major telecommunications set ups
for meeting and convention and related events.
Shipping and Receiving/Purchasing Handles all incoming and outgoing freight, including
that associated with lazge meeting and convention set-
. ups. Purchasing is responsible for acquisition of all
supplies required for operafions and maintaining
adequate supply inventories on hand to support all $otel
d amnents and o erations.
Specialized Services The hotel contracts with outside vendors for specialized
services, the majority of which are maintenance of
equipment requiring unique skills or proprietary
infoxznation, trash/refirse removal, drain jetting and
cleaning, window cleaning, curtain wall maintenance,
copier service and audio/visual systems support and
services.
GUN gip, cuun ° 0 5 0 6 7
_ u v ~~
The operations for the Hilton Anaheim as described above will continue as they have since the
hotel opened in May of 1984. The hotel operations will not change as a result of the proposed
Tentative Parcel Map for Commercial Condominium Purposes and the Conditional Use Permit.
Should you have any further questions regarding the foregoing, please call me at 714/740-4714.
Sincerely,
ANAHEIM HOTEL PARTNERSHII', DBA:
HILTON ANAHEIM
~=~~/ ~ . .
RICI~ARI~. POPE, Vice Prestdent
Administration & Special Projects
cc: Stan Castleton
John Erskine, Esq.
Kelly C. Carlyle..
CUI ~Q, '!L'•Jti ~ 0 5 0 b 7
_ ~ ~ -- -
Project Description
The applicant, Anaheim Hotel Partnership LCP, is requesting approval of a Parcel Map for commercial
condominium purposes and a Conditional Use Permit for the existing 14 story Anaheim Hilton Hotel
located at 777 Convention Way. The applicant is not proposing any changes to the structures, grounds
or site operations as part of this application. The map'is solely for the purpose of modifying the hotel
from being a lender fmanced entity to owner financed entity,
The owner financed structure will consist of investors purchasing airspace condominium units, together
with an undivided interest in the hotel's common areas. The commercial condominium units will not
include privileges typically found in residential condominiums (e.g. the condominium unit owner will be
limited to a certain number of days of personal use). The condominium obits will be sold by securities
brokers as a financial investment to institutional and sophisticated investors. Participation in a master
lease to the Anaheim Hilton will be a mandatory condition of purchase. The investors will not be
involved in hotel operations or maintenance per the dictates of the master lease. The hotel
administration and staff will continue to operate and maintain the hotel.
Existing Operations and General Plan Designation
The Anaheim Hilton and existing parking structure will continue to operate as a high quality hotel
operation as it has for the past 20 years. As such, all guest rooms in the hotel will at all times continue
to be subject to transient occupancy tax.
The existing 1,572 room hotel will continue to operate twenty four hours a day with three shifts. The
number of employees per shift is provided below.
Shift # of Em to ees
Da 315-400
Swin 145-185
Grave and 24-31
24 Hour Total 484-616
A range is provided as occupancy is variable throughout the yeaz resulting in the range of personnel to
address the needs to the hotel's clientele.
The site's General Plan designation is Commercial Recreation and is within the Anaheim Resort
Specific Plan Area (SP92-2).
Existing Conditions
The existing hotel provides 1,572 guest rooms, meeting rooms, a business center, lounge, fitness club
and spa, pool area, restaurants, ancillary retail amenities and landscape areas. The existing parking
structure, located north of the hotel structure, provides sufficient parking for 2,292 vehicles.
The area surrounding the project site is fully developed with several other hotels, Disneyland, Disney's
California Adventure, Downtown Disney, and some residential uses south of Orangewood Avenue. The
transportation infrastructure includes arterials with fully landscaped medians and close proximity to
Interstate 5. The specific uses adjacent to the project site include the following:
e. ~r
North - Parking Structure and Katella Avenue _:
South - Anaheim Mazriott and Clarion Inn
East - Coast Hotel and Portofino Inn
West - Anaheim Convention Center
As the surrounding area is fully developed and the Tentative Parcel Map does not propose any physical
or operation changes to the existing hotel, no environmental impacts are anticipated.
®_ ~.~ ..