Resolution-PC 94-64RESOLl~TION NO. P~}~"4
A RESOLUTION OF THE ANAHEIM CITY PIANNING COMMISSION
AMENDING CERTAIN CONDITIONS QF APPROVAL OF
CON~ITIONAL USE PERMIT NOS. 2905 AND 3414
WHEREAS, Conditional Use Permit No. 2505, permitting a 40-toot high multi-screc~n ir~door
thoater cornplex with waiver of minimum number of parking spaces on property located at 6635 East La
Palma Avonue, was approved by tho Piannfng Commission on August 17, 1967 under Resolution No.
PC87-160. Subsequently, subJect use permit was roadvertfsed twice and the follAwing actions were takon:
1. On,lanuary 1,1989 Plannin~ Commission approvod Resuutfon No. PC89-20 pormittinfl a 55•foot hl~h,
2500-seat muitl-screen (ndoor theator; and
2. On February 13, 1989 Planning Commissfon approved Resolutian No. PCBJ t0 adding a waiver to
permit rool-mountod equipment.
WH~REAS, ~onditions~~ Use Permit No. 3414, permitting expansfon of a multf-screen Indacr
theater complex and const-uction of A 29•foot high parking structure with waivar of minimum number of
parking spacos, prohibited roaf-mounted equfpment and minimum tandscaped setback adJecent to a railrosd
right•at-way, was approved by the Planning Commisslon on July 29, 1991 under Ftesolu!ton No. PC91-1 ~tQ.
WHEREAS, an Auqu~t 26, 1991, Commission ndopted Resolutlon No, F'C91-13G, a:nond(ng
Rosolution No. PC91-110, nunc pro tunc. Subsequontly, subject use permit was readvertised twic.s anc: the
following actions were tal:en:
t. On Octobor t9, 1992 Planning Commission approved Resolution Na. FC92-122 approving a rovised
phasing plan which delayed construction af the parking structure; and
2. On December 8, 1992 Chy Council approved Resolution No. 97.R-246 amendfng the c~nditions of
approval.
WFIEREAS, on November t, t~J93, the Plenning Commissfon dfrected that sub~oct conditional
use permfts be raadvortised to consider possible revocatlon or modification to condltions of approval for
an existing movie theater (Cinemapolfs). Thls doctsion was basod on pl~nned canstn~ction being compiated,
Qxisting traHic circulation and parking fssues on sub(ect propeRy and adJacant property (Imperial
Promenade), mnd compliance with previous conditions of approval and Code requfrements.
WHEREAS, the Cfty PlEnning Commission did hold a public hearin5 et the Civic Cehtor In
the City of An~hafm on January i0, t994, at 1::~0 p.m., notice of said public hearinp having b~on duly
4ivon ss requfred by law and fn 3ccordance with the provfsions of ttie Anaheim Muni~ipal Cod~, Chapter
t8.03, to Fiear and consider ovidence !or anci agoinst said proposad nmondment and to investigate and
make f(ndings and recornrnendatlons in connaction thurAwfth; and that satd public haarin~ was continued
to the January 2A, February 7, ~Aarch 21, Aprfl 18, May 2, May t6, and Juno 1, 1994 Planninq Commission
meetings; and
WHERCAS, said Cc~mmisslon, atter due ins~ectir~n, Investig~tipR and Btudy made by ftaelf
and in its behalf, and pker due conskieratlon of all ovldence and reports oHerc~c± at sa(d hoarin4, doea Ifnd
and detarmine the follow(ng (acis:
CR2093MS.WP -1- PC94-Ei4
I. Zoning Code Ser,tion 19.UJ.091 states that condMfon~l u~e permfts may be moditied or terminated
on certain groi~nds, Including one or moro af th~ foilowing:
a) That the use permit granted is heing, or recontly has be~n exercised contrary to tho t~rrns
ar conditfons of such approval, or In violation of any statute, ordlnance, law or ro~ulation;
b) That the use permit for which the approval was c~ranted has beon so exercis9d As ta be
dotrimental to the public health or safety, or so as to constitute a nulsance; and/or
c) Th~t any such modificatlon, including the Impositian af any addltional conditions thereto, Is
reasonabiy necessary to protect the publ(c peace, healih, safety or ger~eral welfaro, ar
nocessary to permit reasonflble operation under the conditfonal use pormit or varience es
granted.
?.. That Ssction 18.03.091 'Tormination or Ma1i(ication of Amen~lments, Cor.ditlonal URa Permits or
Varfances (Procedures)" of the AnAheim Municipal Ccxie authorixes the Piarniing Commisslon to
determino whether graunds exlst for the modfficatlon or termination of a conditlonal use permit.
~. That an Indopendent parkin~ study, tftle~ "K(mley-Horn ar,d Assaciates April 4, 1994 Parking Study,
was prepared to analyze the vehicular circulation and park(ng on subJect proper!les (Cfnemapolis
and Imper(al Promenado) with their varied usos.
4. That city sta(f has met wfth or corresponded with tl~e property owners 12 timos from February 1993
thrau~h DecembQr 1993, to discuss n~merous issues including; xs-buiit plans, status of
construct(on, on-site tralfic congestfon, p~trking during constructiun, possible aff-site perklnfl,
improvemonts to parking area Ifght(ng to oncourage use by customors, possible closure of an ~n-site
drivew~y, dir~ct(onal yigns, va~et parking, op9ning of tho parking strur,ture, parking supply status on
both properties, Increased drfveway aisle width, closure of the center median In La Palma Avenue,
traHic signplization at La Palma Avenue and Imperial Highway, possible vehicular access from
Imperial Hf~hway, poss(ble Redovelopment ass~stance with traHic signal tunding, fncreased length
of theater fntermis3lons, construction of a circular drNeway near the box oHicu, cost ot icaHic
sfgnalization, etc.
5. That, based on tho Independent parkinp study, an April ?2, 199A mesting between cfry ataif and
reprosentatives of the hr~o subjec:t proport!os, and property owner evaluatlon, the City TraHic ar.d
Transportation Manafler made recommendatl~na r~gardin4 the condlt(ons of approval for subJect
co~ditlonal uso permits as well es Condftional Uso Permit No. 3253 (Imperial Promenade).
8, That, based on the above-rQf~rencod parkfng 5tudy, the April 12, 1994 muoting, and testimony givan
at the June 1, 1994 publfc hearing, tho Plannin4 Commission determined to modify Condit~onal Use
Permit Nos. 2905 and 3414 (Cinemapolis movio theeter) and 3253 (Imperlal Promenade stiopp(nfl
cent~r) :o add a ~ew condftinn to each use pormit requiring a cooperative agreament wfth tho
Anaheim Redevelopment Agency for each property o~vvner to pay thefr fair share (2596 of the actual
tull cnst) ol ihe installation cost (or a traNfc signai at tha driveway on Le Palma Avenue, and ior each
property owner to provfde the n~cessary Qasambnts for the operation ot said traftic signal, wfth(n a
period of sixty (60) days ~iter approval of thts conditfon.
7. That no ona indicated their presence at safd public hearin~ in opposftlon; and that no
corresponrJence was rocoived in opposition to the subJect pgtitfon.
.2. PC94-C~1
CALIFORNIA ~NVIRONM€NTAI. C~UAUTY ACT FINDI~,; The Planning Directo-•
or his authorized roprosontativ3 has dotc~rmined that tho proposed proJect located on an Irragulnriyshaped
parcel oF land consistln~ o( a{.proxl~nately 5.54 acres, having a frontafle of approximatoly 275 faot on tha
north side cf La Paima Avonue, having a maximum depth of approximately 888 feet, bqing IocatAd
approximatoly 3U0 (eet west af the cen4er11ne of Imperlal Highway and further described as 5635 East La
Palma Avenue; falls v~ithin the definillon of Catagorical ~acemptions, Class 2t, as dofinetl Esi the State EIR
Guidelinos and is, thoreforo, categorically oxempt from tho requiromont to prepare ~tn EIR.
NOW,'THEREFORE, Ei~ IT RESOLVED that the Anaheim Ciry Plannt:~g Cummission
does horoby amend Rasolution Nos, PC87-t60, PC89-20 ~nd PC89-51, adopted in ~vnnection wfth
Conditional Use Permit No, 2905, by adding the following new condition thareto:
21. That the Cinemapolis properry owner shnll ontor Into a cooperative a~trAemont wtth the Anaheim
Redevelopment Agency, and shall pay thelr fair share of 4he Actual full cost for instaltatlon of a trefiic
signal and shail provido easem~nts on thelr property (or the operatfon of the traf~ic slgnal on La
Palma Avenue at the driveway for the property withiiti sixty (60) days of aaproval of this conciition
by the Planning Commissiori and/or the City Councll. The cost participatlon lor t~e traftlc ~ignal
shall be twenty five porcent (2596) of the total cost of the traffic sfgnal for Cinomapolfs (25~ currently
estimated 4o be ~32,250 but sub~oct to chango based on actual cost) an~ twenty fNe porcont (2596)
for Imperlal Promonada (2596 currently estimated to be $32,250 but subJect to cttianc~o based on
autual cost). The falr share p~-yments for the trafiic signal shall be depositod wi~h tha Anaheim
Redevolopment Agency prior to th~ sol(cftation oi constructlon bids for tho traHlc signal,
and, turther, amends Resolution Nos. PC91 •110, PC91-136, PC92•122 and 92R•246, Adopta~d In connectlon
with Conditlonal Use Permit No. 3At4, by addinp the (ollowing new condition thereto:
31. That the Cinemapolfs proparty owner sh~ll enter Into a cooperative agreement wRh the Anahelm
Redevelapment Agency, and oha(I pay thefr falr share of the actua! full cost tor Instailatlon ot a traffic
slgnal and shall provtde easements on thelr property for chs operatlon of the traf~ic nlgnal on Le
Palma AvAnue at the drNeway tor tFie properry withln slxty (fD) days of approvel ~f thls condltion
by tho Planising Comrnlssion end/or the Cfty Cpuncll. The cc~t partlclpatlon for =he traltlc slgnal
shall be twenty ifve percent (2596) of tho total r,ost oi the trafflc slgnal for Clnamapolis (2596 currently
estimated at $~2,250 but sub~act to chan~a baseci an actual cost) and twenty flve perconl (2596) for
Imperlal Promenade (2596 cu~rently estlmated at $.'~2,250 but sub(ect to chan4od based on actual
cost). The tafr yhare payments for tha trafffc slgnal shatl be daposlted wltti tho AnAhe~m
Rodeveloprnent Agency prior lo tho s~llcltatlon of constructfon blds for the tra(ilc stgnel,
THE FOREGOtNG RESCLUTION w~s adoptod at the Pianning Commisslon meeting of
June t, t994. ~ f, ~~~
/
CHAIRMAN, A AH I CITY NN NG l;Of~MISSIUN
AiTE5T:
lj ~~._.~, ''• ~ - , -
'~S RETAt~Y, ANAH IM CITY PLANNINC COMMISSION
/ ~
~. PC94~
t
uTATE 0~ CALIFORNIA )
CdUNYY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Janet l.. Jonson, Secrett~ry o! the Anahelm City Nlanning Commisslon, do hereby certiiy
that the foregoing resolution was passod and adopted at a meeting of tho Anahelm Cfty Pl~nr.ing
Commis~iAn held on June 1, 1994, by the following vote of the members thereof:
AYES: ~COMMISSIONEFS: BOYDSl'UN, CALDWELI., HENNINGER, MESSE, P~RAZA, TAIT
NOES; Ct~MMISSION~RS: NGNE
ABSENT: COMMIS510NERS: MAYER
IN 1,VITNESS WHCREOF, i hAVe herounto set my hand th(s 1~day oi/ _,:~,~~,~~~
1994.
%" v ? ~~ ~~~x~_._../
S~ RETARY, ANAH~Itv1 CITY PLANNING COMMIS810N
~~= ~ /
.q_ RCJ4-64