Loading...
Resolution-PC 94-65RE L~J]'ION N0. PC94-6~ A RESOLUTION OF THE ANAHEIM CITY PLANNING GOMMISSION AMENDING CERTAIN CONDITIANS OF APPROVAL OF CONDITIONAL USE ?ERMIT NO. 3263 WHEREAS, (:onditional Use Parmit No. 3253, permitting a commerciai retail center and a semi-enclosod restaurant with on-salo alcoholic bevarec~es and with waiver of minimurn number of parkfng spaces, minimum structural sotbar,k and prohibited roof-mounted c~quipment for property located at 5E45 to 5675 EASt La Palma Avenue, was Approved by the City Council on September 11, 1990 under Resolu4lon N~. 90R-353; and WH[R~AS, on November 1,1993, tho Plan~ing Commission d(racted that subject conditlonal uso permft be readveriised to consfr~er possible revocation or modificat.ion io condit(ans of approval for an existir~g commorclal rotail cQnter (Imperial Promenade). This dACision was based on planned construction being aompleteci, ex(sting tr2ffic cfrculat(on and parking issues on subject property and adJacent property (Cinemapolf~), and compllance w(th previous conditians of approval and Code requirements. WHEREAS, the City Planning Cumrnission did hold a public hearfng at the Civic Center In the City af Anaheim on January 10, 199a, at ~•30 p.m., notice of safd public hdarfng having been uuly glven as requirocl by law and in accordance with the provfsions uf the Anaheim Municipal Code, Chaptor 18.03, to hoar and cons(dor ovidence for and ag~inst sald praposed amendment and to investigate and make findings anci recommandations in connaction therewith; and tfiat said public hoarfng was continued to the January 24, February 7, March 21, April 18, May 2, May 16, and June 1, 199~1 Planning Commission meetings; and WHEREAS, sald Commiss(on, after due inspection, investigatlon and study made by Itself and in fts behalf, and aiter due considoration of ell evidence and reports ~Nerad at sald hearing, does iind and determine the following tacts: ~t. Zoning Code Section 18.03.091 states that conditional use permits may be modified or terminated on certa(n grounds, including one or more oF thd following: a) That thE use permit granted Is being, or recentiy has been exercised contrary to the terms or conditions of such approval, or in violation oF any statute, ordinance, law or regulation; a) That tha use permit tor which the approval was granted has been ~o exercised as to be detrimental to the public heaith or s~.~fety, or so as to constftute a nuisance; and/or c) Tt~at any such moditication, fncluding tho imposid~n of any additfonal conditions thereto, is reasonably nacessary to protoct the publ(c paaco, health, safety or general welfare, or necessary to permit reasonable oporation undor the conditlonal use permit or varlance as gr~nted. 2. That Sectfon 18.03.(-91 "Terminatfon or Modiffcation of Amendments, Conditional Use Permits or Variances (Procodures)" of the Anahe(m Municipal Code authorizes tho Planning Comrnission to determfno whether grounds exist for the mndification or terminatinn of a conditionai use psrmit. 3. That an Independent parkfng stuciy, tttled "ICimley-Horn and Associatos April 4, 1994 F'arking Study, was prepared to anafyze the vehicular circulation and parking on subJect propertiAS (Imperial Promenade and (:Inemapolis) with thQir varfed uses. CR2100MS.WP -t- PC94-65 . J!.' l, That city staff has met with or corresponded with the property ownors 12 times from February 1993 through D9cember 1993, to discuss numerous Issues incfuding: as-built plans, status of construction, on-site trafiic congestion, parking durinfl construction, possible o(f-site parking, improvoments to parking area Ilc~hting to encourage use by customers, possible closure pf an on-site driveway, diractional signs, valet parking, opeiiing of thQ parkiny structure, parkinp supply status on both properties, increa~ed driveway aisle width, closure of the center medlan in Ltt Palma Avenua, traffic signal(zati~n at La Palma Avenue and Imperial Highway, possible vehiculer access irAm lmporlal Highway, possible Redevelopment assfstance with trafifc siflnal funding, increased length of theater (ntermissions, constructlon oF a c(rcular driveway near the box office, cost of traffic signalization, etc. 5. Th~t, based on the fndependent parking study, an April 12, 1994 meeting betwoen city staff and rdpresentatlves of the two subJect propertles, and proporty owner evaluation, the Cfty TrAffic and Transportation Manager made recommendatlons regard(ng the conditions of approv~l for subJect conditlonal use permit as well as Conditional Use Permit Nos, 2905 and 3414 (Cinemapalis). 6. That, based on tho abovo-refer~nc:ed parkl~~g study, the April 12, 1994 meating, and testimnny given at the Jun~ 1, 1994 publlc hoarin4~, the Planning Commission determined to modify Conditional Use Pormit NcS. 2905 and 3414 (Cfnemapolis movie theGter) and 3253 (Imperfal Promonade shopping centei~) to add a new condition to each use permit roquirinfl a cooperativa agreement with the Anaheim R~cievslopment Agency for each property owner to pay thelr fair share (25''~6 of the actual full cost) of the in~tallatlon cost for a tra(fic signal at the driveway on La P~Ima Avanue, and for oach property owner to provide the nec9ssary easoments for the operatlon of said traff(c siynal, within a period of sixt,y (60) days after approva~ of thfs condition. 7. That no one indicated thelr prasence at said pubUc hearing in oppositlon; and that no correspondonco was received in opposltion to the subJect petition. GALIFORNIA ENVIRQNMFNTAL ~IJALITY ACT FINDING: The Planning Director or his authorized representative has determined that the proposaci project lucated on an irregularly-shapecl parcel of land consisting of approximatel~ 4.4 acres loooted north and west of the northwest corr~er of La Palma Avenu9 and Imporial Highway, having approximate front~ges of 80 feet on the north side of la Palma Avenue, ancl 708 feet on the west side of Imperial lifghway and further described as 5645 - 5675 East La Palma Avenue; falls within the definition of Categc+rfcal Exemptions, Ciass 21, as dollned in the State EIR Guideiinos and Is, theroTore, catec~or(caily exempt from tho requirement to prepare an EIR. NOW, THEREFOfiE, BE 17 RESOLVCD that the Anaheim Cfty Planning Commisslun doas hereby aR~end P.esolution No. 90R-353, ad4pted In connection with Conditional Use Permit No. 3253, by adding the following new conditfon thereto: 35. Thai tho Imperial Promanade property owner shail enter into a cooperative agreemont with the Anaheim Redevelopment Agency, and shall ~y thoir iair share af tho actual fuli cost tor (nstallation oi a traHic signal and shalt provfde easements on thelr property for the operation of the trafiic signal on La Palma Avenue at the driveway for the property wfthin sixty (60) deys of approval of thls conditlon by the Plannfng Commission and/or the Cfty Council. The cost part(cipation for the traHic signal shall be twenty five percent (2596) of the total cost of the traffic sign2l for Clnem~apolis (2596 currently astimated to bo $32,250 but ~ubJect to change based on actual cost) and twenty fNe percent (259b) for Impnrial Promenade (25°,6 currently estlmated to bo $32,250 but subject to ~hange basQd on actual cost). ThQ fair share payrnents for the traffic signal shall bo deposited with the Anaheim Redevelopment Agency prior to the solicftation of constructfon bids for the traffic signal, -2- PC94-65 ~~. THE FQRCGOING RESQLUTION was adopted at the Plannin~ mmissfon meeting of June 1, 1994. .P./L -~.. ~ CHAI MAN, ANAHEIM C TY PLAN G COMMIuSION A1TES1': ~~'~.:'L .?Q~ ~ ~ ,~ .•,r ~ uEL` Ll'ARY, ANAHEIfv)%~ ITY PLANNING COMMISSION ~/' ~/ STATE OF CAUFONNIA ) COUNTY OF QRANGE ) ss. GITY OF ANAHEIM ) , I, Janet L. Jensen, Secretary of tha Anahelm City Planning Commission, da hereby certify that the foregoing resolution was passetl and adopted at a meeting of the Anahelm City Planning Commission held on June 1, 1994, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, CALqWELL, HENNINGEP, MESSE, PERAZA, TAIT NOES: COMMISSIONERS: NONE ABSENT: CQMMISSIONERS: MAYER IN WITNESS WHEREOF, I have hereunto set my hand this L1~ day of ~~~ ~ ;, 1994. ! J, " r ~r~ •' 7 ' ~~ ; SE ETA~Y, ANAHEI CI'fY PLANNING COMMISSION ~ ~ ~' -3- PC94 ~65