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PC 85-261RESOLUTION NO. PC85-261 P. F.GSOLUTIOP~ OF THE ANAHEIM CITY PLANNING COMMISSION REVISING RESOLUTION h0. PC80-267 GRANTED IN CONJUNCTION WITH CONDITIONAL USE PERMIT N0. 2144, TO REFLECT REVISED PLANS~ WAIVEP,S AND CONDITIONS WHEREAS en November 17, 1980, the Ananeim City Planning Commission yranted Conditional Use Permit No. 2144 (Resolution No. PC85-207) to permit a performing atts theatre wich on-sale beer and wine, and with waivers of minimum number of parking spaces (458 on-s;.te spaces required, 650 off-site spaces proposed) and mini*aum landscaped setback (10-feet requ.ired, 5-feet proposed) located at the ncrtheast co:ner of eroadway and Philadelphia Stteet; and WNEREAS, the petitioner submitted a request for consideration of a proposal consisl-ing of revised plans and revised waivers to permit a perfor.ming arts theatre and entertainment center and a restaurant with on-sale alcohol and with waivers of minimum number and type of parking spaces (963 on-site spaces required, 650 off-site spaces proposed) and minimum landscaped setback (10 feet adjacent to Broadway requirec9, 3 feet proposed) located at the northeast corner of Broadway and Philadelphi.a Street; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on De~ember 9, 1985, at 1:30 p.m., not±ce oE sa±d public hearing having been duly given as required by law and in accordance with the provisions of the At~aheim rtunicipal Code, Chapter 18.03, to hear and consider ~vide~ce for and against said revised oroposal and revised plans in connection with Conditional Use Permit No. 2144, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commis:;ion, after due inspection, ir.vestigation and study made by it~elf and in its behalf, and after due considerakion 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 coaditional use permit is authorized by Anaheim Municipal Code Sections 18.44.050.010 and 18.44.050.320 to wit: to parmit performing arts theatre and entertainment center and a res~aurant with on-sale alcohol with waivers of: (a) SECTIONS 18.06.050.0231 18.06.050.0259 18.06.080 AND 18.44.066.050 (b) SECTION 18.44.063.010 ~- Minimum number and type of parkina spaces. ~ (963 on-site spaces required; _ 650 off-site spaces proposed) - Minimum iandscaped setback. (10 feet adjacant to Broadway required; 3 feet ~,roposed) 0668r PC85-261 '~~;. rtti;;r;, , . > ; ~:,~, : ,.: . ..i.. ~ J^ ~.. . ._ . . s. . .. . ~ . . . ~ , ..t. , .:t«,` i .a.Y~_^~Y!u'SE 2. That the reque;ted waiver (a) is hereby granted on the basis that the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under ttie conditions impesed, if any, will not be detrimental to the peace, health, safety and general welfare oE the citizens of the City of Anaheim because activiti.es in the entectainment center will not take place ducing regular daytime business hours; and further on the basis that the petitioner has entered into an agreement with the City of Anaheim to provide 650 off-site parking spaces; and further that the petitioner agteed to record a covenant approved by the City TraEfic Engineer agreeing that if a parking deficiency occurs Eollawing occupancy to provide additional on-site parking spaces not to exceed an a3ditional 313 spaces for a total of 963 in conformance with Code requirements. 3. That the requested waivec (b) is hereby granted on the basis that there are special circumstances applicable to tt~e property sucii as size, shape, topography, location and surrounding:: which do not apply to other identically zoned property in the same vicinity; and that stcict application of the Zoning Code deprives the property of privileges enjoyed by othec properties in the identical zone and classi°ication in the vicinity. 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to 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 r:ot detrimental to the particular area nor r_o the peace, t,ealth, safety and general welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will nut be dctrimental to the peace, hPalth, ~afety and general welfate of the Citizen~ of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undu~ burd?n t;pon th^ ~_:eetc and I;iyt;::aYS dasiy~ced and improved to carry the traffic in the area. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMP~CT FINDING: A Negative Declaration was previously approved on November 17, 1980, in connection with this project. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant an amendment to Resolution No. PC80-227 replacing the conditions approved in connection with Conditional Use Permit No. 2144, with the following conditic~ns which are hereby found to ue a necessary prerequisite to the proposed use of tlie subject property in order to preserve the safety and general welfare of the citizens of the City of Anaheim: 1. That subject property shall acquire access rights from the City of Anaheim for the use of the private drive t~ the north of subject property, -Z- PC85-261 _ ~ 2. That the proposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1~hrough 5. 4. That in the event a parking deficiency occurs following occupancy of t6e subject property (said deEiciency having been demonstrated in pazking demand study to be Eunded by the property owner at the request of the City Traffic Engineer and to be reviewed and apuroved by the City Traf.[ic Engineer), additional on-site parking (not to exceed an additional 313 spaces for a total of 963 spaces (Code requirement)) shall be pruvided in a manner appro~ed by the City TraEfic Engineer; and that a covenant shall be recorded in a form approved by the City Attorney's Office obligating the oetitioner and any future assignees to provide such packing if a deEiciency is found to exist. Said covenant shall be recorded prioc to issuance of building permits. 5. That prior to the issuance of bui.lding permits, Condit.ion Nos. 1 and 4, abot~e-mentioned, shall be complied with. 6. That prior to final building and zoning inspections, Condition No. 3, above-mentioned, shall be complied with. BE IT t~URiriEn RESOLVLD tP~at the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expcessly predicated upon applicant'~ compliance with each and all of the conditions hereinabove se~ forth. Should any such conditions, or any part thereof, he declared inva.lid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, sha11 be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 9th day of December, 1985. , , ; ,. , ,.•_.s- c~~.L.~~ ~'c~ ~ C~ ~.c-~_c, CHAIRWOMAN~ ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~° ~~~z SECRETAR ~ ANAHEIM CITY PLANNING COMMISSION -3- PC85-261 ~~<„ _ . ' f' . . . . . ,. . . . . - . . . i~J~~! ., ~ ~ ~,.a.,, ~ ' ~;•;S 'i ST.ATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. ' CITY OF ANAHEIM ) Z, Edith L. Har~is, Secretary of the Anaheim Ci~y Planr.ing Commission, do hereby certify that the foregoing resolution was passed and adopted at a meetin~ of the Anaheim City Planning Commi~sion held on December 9, 1985, by `. the £ollowing vote of th~ members thereof: ;:; AYES: COM.DIISSIONERS: BOUAS, HERSST, LA CLAIRE~ LAWICKZ, MC BURNEY~ MESSE NOES: COMMISSIONERS: FRY ABSEN'i': C0I4MISSIONERS: NONE IN WITNESS WFIc,REOF, I have hereunto set my hand this 9th day of ~ December, 1985. ~~~,~ ~° ,~, . SECRETARY~ ANAHEIM CITY PLANNII~G COMMISSION ~ ~ -4 PC85-261