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Resolution-PC 92-122,~, ~~„-F . RESOI.UTIQlU NO. PC 2-122 A RESOLUTION QF 1'H~ ANAHEI~~ CITY PI.~INNINO COMMISSION APPROVING REVISED PHA5ING PLAN IN CONNECTION WITH CONDITIQNAL USE PERMIT N0. 3~14 WHEREAS, on July 29, 1991 the Anahelm City Plr nning Cornmission approved C~ondisior.al Usa ~ermlt No. 3414 under Resdution No, PC91-110 to pormit expanslon of A multi-screon Indoor thoator comptex and to construct a 29-foot high parking structure (160 spacas) with wafvers oi tY~e minimum numbAr of parking spaces (allowing a minimum of 8096 of the Code-requlreci parking), prohlbfted roof mountsd oquipment and minimum landscsped setback adjacent to a railroad right-of•wey on proporty IocatocJ on the north slde of La Palma Avenuo, huving a maximum depth of epproximstely 888 feet, being I~cated 2pproximetoly 30U feet west of the aenterline of Imperi~l Highway and further described as 563~ East la Palm~ Av~nue; and WHEREAS, on February 10,1992, Planning ~~mmfssion app~~ovsd an extenslon o4 time to explre on July 29, 1993; and WHEREAS, the petitloner now requests epproval of a revissd construction phasing plAn delayinp constructton oi the previously-approved 29•foot high perking stcucture contelning the parl<Ing spacos required for the previouslyapproved multl-screen theater expanalon; and WHEFlEAS, the Clty Planning Commfasion did hold a public haarin~ at the Civic Center In the City of Anaheim on Octat~r 19, 1Q92, at 1:30 p.m., noticv of sakl publlc heaMng having been duly glven as requirecJ by law and In accordance wkh the provi~fons o( the Anahelm Municl~.~l Code, Chapter 18.03, to heAr and considor evldonce ior and agalnst sald proposel end to investigato a~,-i make flndings and recommendations In connectlon therewith; and WHEREAS, sald Commisslon, after due fnspect(an, investigation and stucly made by it~If and In its behali, and after due consideration ot all ovidenae ~nd reports oHerecf at said hearing, does Nr'tid ar~~i dotermino the tollowing facts: 1. That thA petftloner Indicated ha has bc~n unable to procurc a bond to guaranten constructlon of the parkinp otructura. 2. That four (4) people Indicated thelr presence at saW publia hearinb In opposition; and that no conospondence was receivecf in epposltlon to the sub(act petftlon. CAUFORNIA ENVIRONMENTAL QuJ1UTY_ ACY FINDING: That the Anghelm Ctty Planning Commisslon has reviewed the proposal to approve a rovlaed conetn~ctlon phaafng plan delaying construction of a proviously-approved 29-foot high pnrking structs~re Intendec! to be buflt in conJunctlon with the theater expanslon, and does hereby firsd that the Negptive Declaratfon previously approvnd in connection wfth Conditionai Use Permit No. 3414 is adequate to serve ea the required em,rironmental documentation in connectton wfth this request. NOW, TFIEREFORE, BE !T RESQWED ti~at the Aneheim Cfty Planning Commisslon does hereby approve sub;ect requost, as idlows: (A) Thet the ovallat~la parking for the theatars shnll, at ell t(mes, bo at least 8096 oi the minimum number of parkinp s~ac~3 requlred by Code for saki theaters; (8) Thet whon the parkfng structure ls completed, the 8096 parkinp ratlo shall consfst ot on•site spaces nnd approximatety 36 to A2 oN-site ~paces located on the Impeiial IProme~~ade property io tho east; CRiG36MS.wp -1- PC92-122 ~ ;, :~ (C) That constructior~ of the parking structure may be dalayed In whfch case another approximately 49 parking spaces shall be tomporarily provldud off-site on the praperry to the southeast lea3ad by Unlon Federal Dank, in addltion to the on-sfte sp~ces and tho off-sfte Imperlai Promenade spaoea; (D) That the requlred off•site parking (about 36 to 42 permanent space9 on tha Imperlal Promennde property to the east anci 49 temporary spaces on the property to the southeast leased by Unlon Federel Bank) shall be provlded In e form and manner accepteble to the City of Anahelm, and thAt caples ot agr~ements tor such eff-sfte spaces shall bA tumished to the Clry tar revlsw and ppproval; and (E) TF~at, in the event the parking structure Is ,p~ constructed, the theater owner shall (1) Obtaln satisfactory reptacemont parking spaces in order to maintaln tho minimum 8096 ~xrklnU ratto, and/or (2) Rcxluco the number o( seats In the theaters In manner 3atlsfactory to the Planrdng Depurtmeni to malntaln the 8096 parking ratlo, and/ar (3) Obtain approval of another parking varlancA. FURTr1ER, that tho Planntng Commisslon doea hereby add tha following new condftions: "28. That prior to Issuance of a certfficato of occupancy for the theater annex: (a) A plan shall be submitted tA tho Zoning Diviston fo! revlew and appraval, ghowing the flnal exlating seat counts for each theater in the multl-plox theater complex and the actua! number, location and slze of all exlsting on-slte porking spaces (tho minlmum parking apaco widtti shail be ofght and one hali (B~J feet except thAt whore ihe ad~acent drfveway alsla Is narrower th~n requlrod by Cocle and/or Ciry standards, the minimum epaco width shall be nlne (9J feet). Said plan ahall have been propared and ~ertliled by a registoreci arci~Rect and/or certNfed clvll ~nglneer as to eccur~cy (the Ptanrdng l~epartment may, by ileld inspection, varfiy the accu-~cy of such plan). Said pler~ shall show that, in additlon to any Cityappmved off-site parking spaces, tho total combined number of spaces is at laast elgt~ty percent (80'!6) of the minimum requfred by Cale for all tho seats fn the thoaters. If the minimum eighty percent (8096) parking ratio hes not been a~hieveci, the number of aeats (n the theatero ahali be ;~aduced proportionally er~d a new plan ahall be submltted t~ the PlanninQ Departmeni for review ancl ap~rovai. (b) Parking agreemonts shall bs obtained by the petitiuner for any off•alte parking anti said agreements shail bo submkted to the Zon(ng Dfvialon for rovlew aixl approval by the City Attomey's 0lfico and the Ciry TraHic gnd Transportstion NAanaeer. Any future changea to thv seat counts for the theate~s and/or r,umber and/o~• locatfon of rsquired parkin~ spaces shall be submitted to the loninQ Divislon fc~r furtl~er reviow and appraval. 29. That the petftionor shall be responslbte tor paying the fee ior each separetQ code eniorcement inspection conducted by staH ior the purpo3e of verifying that adequato parking Is b~ing provided rel~tive to ihe numt~er of seots in the thcaators, based on At least elghry percont (0096) of the minimum numUe~ oi parking sp~ces required b'~ Code being prov~+ed. Such Inspac:tlon(s) msty be made monthiy until constructfon of Imporial Promenade to the east fs completod end n valid determinatlon can be made as to the adequecy oi the evailable parking. 30. 7hat wfthin a porlod ot six ~6) months trom the date of this resc~lution, the Plenn(ng Qepartme~t may submit a report to tho Plnnning Commisslon regardin{~ the status of subJect multl•p(ex theater complex: the number oi seats in the theaters, the number of parklnfl spaces (both on•site and oH- slte), whether thA parking stru^turo is being construcied, and the stntus of the Impertal Promenade devalopment construction.' .2. PC92-122 ,~~,. THE FOREGOING R~SOLUTION was October 19, 9992. at tF}~ P)a~hing Comml~ssian meeting of ~ ~~ ~ ATTEST: L~ ~ ; ~ '. ~.1lp.,~~--~ 'g ETARY, ANAHC( CITY PIANNING COMMISSION ~. STATF ~F CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEtM ) ANAHEIM CIN PI.APINI I, Janet L Jensen, Secretary of the Anahairr. C:iry Planning Commission, dn her9by certHy that the foregoing resalullon was pessed ancl adoptad at A meeting of the Ar+ah~im City Piarn~ing Commisslon hetd an Octobor 19, 1992, by the fol!owing vo~a of the membero thorooi: AYES: COMMISSIONER5: BRISTOL, HEfVNINGER, MCSSE, PERAZA, TAIT, ZEAAEL NOES: COMMISSIONER~~ NONE ABSEM': COMMISSIONERS: NONE VACANCY: ONE SEAT IN WITNESS WHER~OF, I have hereunto set my hand this ~ Z.G day of ~' ~~ /~ /t.-i 1992. ., / ' v ^_~ 8E ETARY, ANA ` CIN PLANNI~IG COMMISSIdN i/ .3. PCS2-1?2