PC 80-207RESOLUTION N0. PC80-207
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITTON FOR CONDZTIOPTAL USE PERMIT N0. 2144 BE GRANTED
WHEREAS, the Anaheim City Planning Conunission did receive a verified
Petition for Conditional Use Permit from ANAHEIM REDEVELOPMENT AGENCY, 106
North Claudina Street, Anaheirn, California 92805, owner of certain real
property situated in the City of Ar.lheim, County of Orange, State of
California, described as:
The site is Parcel 2 of a subdivisioa of portions of Slocks "A"
and "B" of the center tract, as per map recorded in Hook 14, Page
i3 of Miscellaneous Records of Los Angeles County, California, and
a portion of the resubdivision of the northerly part of Slock A of
the center tract, as per map recorded in Book 3, Page 22 of
Miscellaneous Maps, Records of Orange County, together with a
portion of Claudina Street, vacated by Resolution No. 768-653, of
the City Council of the City of Anaheim, Recorded December 1, 1976
in Book 11979, Page 1467 of.' Official Records, of said Orange County
and portions of the alleys as shown on said maps, vacated by
Resolution No. 80-R-244 Book 13042 Page 103 of official Records of
said Orange County.
WFiEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on November 17, 1980, at 7:00 p.m.,
notice oE said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code Chapter 18.03, to
hear and consider evidence for and against said proposed conditioaal use
permit and to investigate and make findinqs 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 fiad and determine the
followinq facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.44.050.320 and
18.44.050.010 to wit: to permit a performing arts theater witli on-sale beer
and wine, and waivers of:
(a) SECTIONS 18.06.060.0264
and 18.44.060 O10 - Minimum number of oarkina p pe
(458 on-site spaces required;
550 off-site spaces proposed)
(b) SECTION 18.44.Q63 O10 - ~Sinimum landscaped setback
( 1~ feg~ required from Broadway;
~fg~t proposed)
2. That the proposed use is granted.
PC80-207
:;~ . i
`• : i
;i
,~::
3. That the proposed ~•~aiver is granted on the basis that there is a
parking agreement for adequate off-site parlcing spaces.
4. That the proposed use ~aill ot adver,ely affect the adJoin:ng iand uses
and the gror~th ~nd development of the area in wliich it is proposed to be located.
5. That the slze and shape of the site propased for the usP is adequate to
a11ow the fu11 development of the proposed use tn a manner not cletrimental to tne
particular area nor to the peace, health, safety, and general welfare of the Citizens
of the City of Anaheim.
6. That the granting of the Conditional Use Permit under the c.ondltions
imposed, if any~ wi11 not be detrimental to the peace~ health, safety and general
welfare of the Citizens cf the C;ty o' Anahetm.
7. That the traffic generated by the proposed use wil) not impose an undue
burden upon the streets and highways destgned and improved to carry the traffic in
the area,
$. That no one indicated their presence at satd public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition,
ENVIRONMENTAL IMPACT FINDING: That the Anahetm City Planning Commisston has
reviewed t e proposa to rec ass y subject property from the RM-1200 (Residentlal,
Multiple-Family) Zone to the CL (Commercial, Limited) Tone on a rectangularly-shaped
parcel of land consisting of approximately 1.3 acres located at the northwest corner
of Broadway and Phtladelphta Street, having approximate frontages of 330 feet on the
north side of Broadway and 175 feet on the ~•~est side of Philadelphia Street; and does
hereby approve the Negative Declaratio~ from Lhe requirement to prepare an
environmentaf impact report on the basis that there would be no significant
tndfvidual or cumulative adverse environmental impact due to the approval of thts
Negative Declaration since the Anaheim General Plan designates the subject property
for general commercial land uses commensurate wtth the proposal; that no sensltive
environmental impacts are involved in the proposal; that the Inittal Study submitted
by the petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the foregoing
findings Is on file in the City of Anahefm Planning Department.
NOW, TNEREFORE, BE IT RESOLVED that the Anaheim City Planning Commisston
does hereby grant subject Petition for Condttional Use Permit, upon the following
condltions which are hereby found to be a necessary prerequtsite to the praposed use
of the subject property in order to preserve ':he safety and general welfare of the
Citizens of the City of Anahe~m:
1. That this Conditional Use Permit is granted subject to the completion
of Reclassification No. 80-81-1$~ now pending.
the City Engtneertand~~inWaccordance withnstandaadaplansCanddspeciflcationsronufile ~in
the Office of the City Engineer,
-2- PC80-2G7
3. That subject property shall be developed suhstantially ~n accordance
wif.h plans and spectfications on flle 4~1th the City of Anaheim marked Exhfbtt Nos. 1
through 8.
4. That prior to the conveyance of subject property from the Anaheim
Redevelopment Agency to King of Lalifornia, a parking management plan shall be
prepared to the satisfaction of the City and shall be submitted to the City Trafflc
Engineer and the Planning Department for review and approval.
5. That Condition Nos. 2 and 3~ ahove-mentioned, shall be complied with
prior to final buildina and zoning inspections.
BE IT FURTHER RESOLUED that the Anaheim City Planntng Commiss(on does hereby
find and determine that the adoptian of this Resolution is expressly predicated upon
applicant's comoliance wlth each and all of the conditions hereinabove set forth.
Should any condition or any part thereof, be declared invalid or unenforceable by the
final judc~nent of any court of competent jurisdiction, then this Resolut(on, and any
approvals herein contained, shall be deemed null and votd.
THE FOREGOING RESOLUTION is signed and approved by me this 17th day of
November, 1930,
~1L.«.c~~. i~ . ~~ ~.~.~..,~-.-~.
CNAIRMAN~RO TEMPORE
ATTEST: ANAHEIM CITY PLANNI~lG COMt11SS10N
~ ~~~ ~ ~~"
SECRETAR ~ NAHEIM CITY PLANNIPlG COMMtSSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Ed(th L. Harris~ 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 Novem6er 17, 1~80~ at 1:30 p.m.~by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE~ KINr,
NOES: COMMISSIOp~ERS: NONE
ABSENT: COMMISSIONERS: FRY, HERBST, TOLAR
IN WITtJESS WHEREOF~ I have hereunto set my hand this 17th day of November, 198p,
ECRE AR ~ ANT ETM CI~Y~ f~NING COMMIS OM
-3- PCBo-2o7