Loading...
PC 85-23RESOLUTION N0. PC85-23 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMFfISSION THAT PETITION POR CONDZTIONAL USE PERMIT t~0. 2605 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Pecmit fcom CHE~~rER PETERSON AND BEVERLY ANN COtdPTON, 327 North Shattuck Place, orange, Cal?fornia 92656, ownees of certain ~eal prooecty situated in the City of Anaheim, County of Orange, State of Califotnia, described as: PARCEL 2 AS SHOWN 0[d A MAP FILED IN BOOK 84 PAGES 5 THROUGH 8 OF PARCBL MAPS ?N THE OFEICE nF THE COUNTY RECORDER OF SAID rOUNTY. YJHEREAS, the City Plannin9 Commission did hold a public hearing at the Civic Center in the City of Anaheim on Decembet 10, 1984, at 1:30 p.m., notice of said public hearing havinq been duly given as required by law and in accordance with the provisions of the Anaheim t9unicipal Code, Chapter 18.03, to hear and consi.der evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of January 21, 1985; and WHEREAS, said Commxssion, after due inspecticn, inVestigation and study made by itself and in its behalf, and after due consideration of all evidence and reports uffered at sa.id hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use peLmit ;s authorized by Anaheim Municipal Code Sections 18.44.050.010, 18.44.050.3n~ and 18.44.U50.320 to wit: to permit a multi-screen indooc theatec and a semi-enclosed cestaurant with on-sale beer and wine, and with waivers of the following: a) SECTIONS 18.06.050.0232, - Minimum number of parking spaces. 18.06.050.0259, (787 sPaces required; 469 spaces 18.06.080 proposed) AND 18.44.066.050 b) SECTIGN 18.84.062.012 - Flinimum ~t[uatural sel•back. (50 feet required adjacent to Imperial Highway; 15 feet proposed) 'z;~ ~:.: .: 2. That tha cequested waiver (a) is hereby gcanted on th= basis that the parkiny variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; and that the granting of th~ packin9 variance under the conditions imposed, if any, will not be detrimental to the peace, health, safety or general welfare of. the citizens of the City of Anaheim; and further on the basis that the petitioner stipulated to cecord a covenant yuaranteeing that in the event a parkin9 deficiency occurs Hithin three (3) years following occupancy of the theater and restaurant (said deL~ci.ency having been demonstrated in a parking demand study to be funded by the pcoperty owner at L•he re4uest of tue City Traffic Engineer) additional on-sike parkin9 (not to exceed an additional 318 spaces fot a total of 787 spaces) will be provided in a manner approved by the City Traffic Engineer. PC85-23 ~0420r 3• That the requested waiver (b) is hereby granted on the ~asis that thece are special circumstances app~icable to the property such as size, shape, topoycaphy, location and surroundings which do not apply to other identically zo~ad property in the same vicinity; and thal strict application of the Zon:ng Code deprives the property of privileges enjoyed by otheL properties in the identical zone and classification in the vicinity. 4. That the proposed use will not adversely affect the adjoining '_and uses and the growth and development of the area in wliich it is proposed l-o be located. 5• 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 detrin~ental to the particular area nor to the peace, health, saEety and general welfare of the Citizers of the City of Anaheim. 6• That the granting of tl~e Conditional Use Permit under the conditions impused, if any, will not be detrimental to the peace, health, safety an~i general welfare of the Citizens of the City of Anaheim. 7• That the traffic qenerated by the proposed use w:ll not impose an undue burden upon the streets and hignways desiyned and improved to carry the tzaEfic in the area. a- That no ene indicated their presence at the January 21, 1985 public hearing in opposition; two (2) persoc~s indicated r.heir pcesence at the November 14, 1984 and December 10, 1984 nieetings and that no correspondence was received in opposition to subject petition. ENVIRON[4ENTAL IhIPAC: E'IC7llING: That the Anaheim City Planning Commission has reviewed the proposal to reclassif:y subject property from the RS-A-47,OU0(SC) (Residential, Agricultural(SCenic Corridor Overlay)) Zone to the CL(sC) (CO,,~mercial, Li.mited-Scenic Corridor overlay)) zone to permit a multi-screen indoor theater and a semi-enclosed restaurant with on-sale beer and wine, and with waivezs of minimum number of parking spaces and minimum structural setback on an irr?gu]azly-~l;4r~•~ Yarcel oL Iand wnsisting of approximately 4.4 acres locar_ed north and west of the northwest cocner of La Palma Avenua and Imperial Highway; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review proc?ss and further finding on the basis oC the initial study and any comments ceceived that there is r.o substantial evidence that the project wil.l have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that ~he Anaheim City Planning Commission does hereby grant subject Petition for Conditional Uae Permit, upon the following r.onditions wnich ar.e 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 tha Citizens of the City of Anaheim: l. That the owner of subject property shall pay to the City of Anaheim a fee Eor street lighting along La Palma Avenue in an amount as determined by the Ci.ty Council. That the ewner of subject property shall pay Lo the City of Anaheim a Fee for tree planting purposes alon, La Palma Avenue in an ~~iount as determined by the City Council. -Z PC85-23 3. That prior to issuance of a building permit, primary water main fees shali be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General ptanaqer. 4. That prior to issuance of a building permic, the appropriate traffic signal assessment Lee shal.l be paid to the City of Anaheim in an amount as determined by the City Council for new conmercial buildings. 5. That prior to issuance o£ a building permit, the owner of subject Ptoperty shall pay the appropriate dcainage assessment fees to the City of Anaheim in an amount as determined by the City Engineer. 6• That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That in the ev2nt subject property is to be di.vided for the purpose of sale, lease, ur financing, a parcel map to r.eccrd the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 9. That street ].ighting facilities alcng Imperial Y.ighway shall be installed as required by the Utilities Cenecal Manager in accordance with syecifications on file in the Office of Utilities Ceneral t•fanager; and that security in thF form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satistactory to the City of Anaheim, shall be posted with the City to 9uarar.tee the satisfactory complrtion oi the above-mentioned improvements. Said secucity shall be posted with the City of Anaheim prior to is;;uance oE building permits. The above-r.equired improvei~ ~ts shall be installed prior to occupancy, ~~• "":~t cuLj~~e. ~,LU~ecty shall be srrved by underqround utilities. 1]. That prior to commencement oE structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the F'ire Department. 12. That fire sprinklers shall be installed as required by the ~ity Fire Marshall. 13. That trash storage aceas shall be provided ann maintained in accordance with approved plans on file with t;ie Street Maintenance and Sanitation Division. 14. That all air conditioning facilities shall be properly shielded from view, and tl~e sound buffered from adjacent properties. 15. That the proposal shall comply with all signing requicetnents of the CL(SC) Zone, unless a variance all.owing sign waivers is approved by the Plannin ~ommission or City Council. J_,. ~ , -3~ PC8_-23 ~ ,s + = ; ~-- ~. ..~.-.--="'-" _~--_ ---_:._._ ~ i _ ,.t,, ,. ; . 16. Tt~a: a six (6)-foot high wall, fence or. other type of barrier shall be constructed and maintained adjacent to th~ north property line to prevent pedestrians from entering the adjacent railroad right-of-way, 17• That no alcoholic tevera,es, excep: beer and wine shall be sold or consumed on the restaurant premises. 18• That this Conditional Use Permit is yranted subject to adoption of an ordinance rezoning subject property in connection with Reclassification No. 8q-g5_~}~ now pending. 19• That as specified in Anaheir~ hfunicipal Code Section 18.84.062,032 no roof mu~~nted eq~ipment, whatsoever, :hall be permitted. 20. That prior to issuance of a buildin ' plans for the propose~ drivewa 9 permit, appcoval of improvement on Imperial Hig~way st~all be acgui ed f.rom ~Caltrans and ethelCity of Anaheim Enyineeri~:^ n•,.• lane 7 L 1S1071. 21. That p~ior to final building and zoning inspections, the median island on La Palma Avenue between Imperial Highway and Can on Corporate Center to the west shall be reconstructed to left turns to the satisfaction oF the Cit Y accommodate y Traffic Engineer. Z2. That access to the proposed development from Zmperial Highway shall be li~r,ited to righL turn ingress and right turn egress only. 23. That prior to final building and zoning inspections, the driveway on Imperial Highway and 3,0-foot long deceleration lane on 7mperial Flighway shall be constructed to the satisfaction of the City Tra~fic Engineer. 5aid driveway on Imperial Highway shall be lucated northerly of the beginning oF the south to eastbuund left turn lane. Z~. That the restaurant shall not exceed an overall height (including roof structure and/oc parapets) of thirty-five 135) fec:, 2S. That subject propecty st~all be developed substantially in accordance with plans and speciEications on file Fiitt~ the City of Anaheim marked Revision No. ~ og Exhibits Nos. 1 and 2, and Exhibit Nos. 3~ 4 and 5; pCOVided, however, that the overall height of the restaurant shall n~t exceed t}~irty-five (35) feet, 25. That in the event a parking deficiency occurs within three (3) years following occ~pancy of the theater and restaurant (said deficiency having been demonstrated in a parking demand study to be funded by the property owner at the request of the City Traffic Engineer and tO be reviewed and approved by the Cit•~ Traffic Engineer) additional on-~ite purking (r.ot to exceed an additional 318 s for a total oP 7g7 ~paces) shall be provided in a manner a , the Cit paces Y;rafEic Engineer; and that a covenant shall be rec raea bn a Eorm approved by the City Attorney~$ Office obligating the peti~ioner and any future assignees tn provide such parking if deficiency is found to er.ist. a , -4- a~' PC85-23 ~' i: twaaucw.V _ ~.;. ~ _ . . . ~ . -..~~.~ _ ~_ 27. That prior to issuance of a building permit, or within a period of one year from the da~e of khis resolution, whichever occurs first, Condition Nos. 1, 2, 3, ti, 5, 9, 18, 20 and 26, above-mentioned, shall be complied with. ~xtensions for furthec time to complete said conditions may be granted in accordance with Sectior. 18.03.090 of the Anaheim Fiunicipal Code. 28. That prior to f.ial building and zoning inspections, Condition Nos. 6, 7, 10, 12, 13, 14, 16, 19, 21, 22, 23, 24 and 25, above-mentioned, shall be complied with. ~ R ~*~„';"~ BE IT E'URTHER R~SOLVED L-hat the Anaheim City E~lanning Commission does hereby find and determine that adoption of this Re=olution is expzessly pcedicated upon applicant's corpliance ~vith each and all of the conditions hereinabove set forth. Should any such conditions, or any pact thereof, be declared invr.lid or unenforceable by the final judgment of any court of competenk jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed nuli and void. THE FOREGOING RESOLUTION is cigned and approved by me this 215t day of January, 1985. , / _ __ : ~f ~ , ~ /l ,L --CFIAITiNAK, ANAHEIM C TY PLANi]ING COMMISSION ATTE:ST: ~ /J `T '~ ~~ ~ ~~- il/Z.l~i SECRETARY, ANAHEIDt CITY PLAN;IING CO~iMISSiON STATE OF CALZFORNIn ) COrJNSY OF ORANGE ) ss. CITY OF ANAHEI61 ) I, Edith L. Fiacris, Sec[etary of ttie Anaheim City Planning commi~cion, do har~by certify rh~r th^ for^;2 n; rc^o!u:ion r%a~ g~~~ed 3nd ad~pted at a meeting of th,e nnaheim City Planning Commission held on January 21, 1985, by the following vote of the members thereoE: AYES: COPII~IISSIONERS: BOUAS~ BUShORE, FRY, !{F.RBST, KING, LA CLAIRE MC BURNEY NOES: CODiMISS1UNEP.S: NONE ABSENT: COPIMISSIONEES: NUNE ZN WITNESS WLIEREOF, I have hereunt~~ r;et my hand this 71st day of January, 1985. ~ /J ` T p[/~j~' ~~ ./A-• ~ \ / l't/v~ SF.CRETARY, AA:P.HF.IM CITY PLANNING COD1t4ISSI0N -5- kC85-23