Resolution-PC 97-27~ ~
RESOLUTION NO. PC4?-?7
A RESOLUTlON OF THE fWAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3920 BE GRANTE~
WHEREAS, the Anaheim C~Y sftuated in~the Ctty of Anahe~fm~~CouMy of Orangelob'taoe
Condftional Use Permft for certain reai property
of Caiffomia, described as:
PARCEL A: PAPCELS 3, 4, 6, 8, 9, 12, 13 AND 16 IN THE CITY OF ANAHEIM,
COUNIY OF CFtANGE, STATE OF CAUFORNIA, AS SHOWN ON A MAP
RECORDEJ IN BOOK 255 PAGES 5,2,3, AND 4 OF PARCEL MAPS IN THE
OFFlCE OF THE COUMY RECORDER OF SAID COUNTY, AS AMENDED BY
NSTRUMEM' NOF 93-0 R 40 6 IOF OFFICIAL RECO DSROF SAID COUNTY. AS
PARCEL B: PARCEL 21, IN THE CITY OF ANAHEIAI, COUNTY OF ORAt~l~E,
STATE OF CAUFORNIA, AS SHOWN ON THE PLAT ATTACHED TO LOT'JNE
NST UMENT NO 91-532~358 OF OFFICIALGRECOR S OF SAID OUNTY. AS
PARCEL C: PARCEL 23, 24 AND D, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CAUFORNIA, AS SHOWN ON THE PIAT ATTACHED TO
~OT UNE ADJUSTMENT NO. 293 RECORDED APRIL 30, 1993 AS INS7RUMENT
N0. 93-029159'I OF OFFICIAL RECORDS OF SAID COUNTY.
PARCEL D: PARCEL A, IN THE CITY OF ANAHEIM, COUN7Y OF ORANGE,
STATE OF CAUFORNIA, AS SHOWN ON THE PLAT ATTACHED TO LOT UNE
ADJUSTMENT N0. 295 RECORDED MAY 11, 1993 AS INSTRUMENT NO. 93-
0315924 OF OFFlCIAL RECORDS OF SAID COUNTY.
PARCEL E: PARCEL 26 AND E, !N THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE PLAT ATTACHED TO
LOT UNE AD.IUSTMENT NO. 301 ~tECORDED JULY 27, 1993 AS fNSTRUMENT
NO. 93-0500566 OF OFFICIAL RECORDS OF SAID COUNTY.
WHEREAS, on March 27, 1990, the City CouncU, under Ordinance No. 5109, added
Chapter 18.74 'Speciflc Plan No. 90-1 - Anaheim Hpls FestNal' t~ th~ ~~ a~~~ ft theater,
permftting approximately 533~950 sq•K. of retaN space, a 4,000 sq•
a 150-r~om hatel wfth a 7,500 sq.ft. freestanding restaura n t. a n d 240,000 s q.ft. d business commercial area
in four Developmerd Areas on 85 acre ft~ bD ain~OPm~ ~~ p~ ~~t~y ~maCf~e ~a 8nd ihat~Chapter
consists of approximstely 504,850 sq• •
18.74 includes, condftfonal uses and development standards tor the Specfflc Plan and for each
Developmecn Area;
WHEREAS, the Planning Commission has recommended that Cfry Councii approve a
revised site plan for Development Area 2'Retap Commercial and EMercalnment' to n~ ih~prs~~ously
to 25,000 sq.ft. or 1,500 seats) ot the existing theater and to redesignate 20,OOU sq•
approved area for general rataU uses;
WHEREAS, tho Cfty Planning Cammissbn did hold a publ~ hear(n9 at the Civic CenSer
in the Ciry of Anaheim on March 17, 1997 at 1:30 P•m., not~e of satd publ~ hea~~9 ~~~9 ~en duly
yiven as requirec! by Iaw and in accordance wKh the Pro~islons othe Anahe~im~iMou~nicu~ ~~~ andptto
18.03, to hear and consider evidence for and against safd Pr P~ed
investigate and make flndings and recommenciatlons fn connection therewtth; ar~d
_~ _ PC97-27
CR2843DM
~
~
WHEREAS, s21d Commission, after due inspectton, investfgation and study made by itself
and in its behalf, ar.d after due considerat(on of all evidence and reports offered at said hearing, rloes flnd
and determine the fdlowing facts: .
1. That the proposed use is properly one for whtch a concifttonal use permit is
author~zed by Anahefm Munlcipa! Code Sections 18.74.020 and 18.74.040.020(b)3 to construct a 35,000
sq.ft. health club and 10,000 ~q.ft. child day care tacUiry with a 15,000 sq.ft. outdoor play area in
Development Area ?_ 'R~tan Commercfai arxJ Entercafnment' of Specific Plan No. 90-1 'The Festival" wfth
waNer of the fdlowing:
Sections 18.06.050.02555 - Mfnimum number of oarkina soaces.
18 06.050.02593 (4.028 snaces requi`ed;
~ e~1~ces ProPosed~ as recommended by the parking
18.06 050.0264 study and a~proved by the Ciry Traffic and Transportation
~ ~
and 18.74.040.074 Manager)
2. That the parking waiver, under the conditions irrtposed wiil not cause fewer off-
street parking spaces 4o be provided for the approved uses than the number of such spaces necessary
to accommodate ail vehicles attrib~~?~!e to such use under the normal and reasonably foreseeable
conditions o~ operation oi such us2s becausa the off-street parking supply (induding the entire upper level
sropping center parking, four rows of harking in the lower level and 50 parking spaces located on the east
side of FestNai DrNe (a prNate street)) wfil be adequate to accommodate the demand of the proposed
project and the existing uses; and, although a Umitstion was placed on the lower levei parking avaflabiliry
ior this proJect based on walking distance to the site, there would be more parking available to the project
on the lower level ff customers were wiil(ng to walk a greater distance;
3. That the waiver, under the conditions imposed, will not increase the demand and
competition for parkirg spaces upon Yhe pub~ic streets in the immediate vicinity of the proposed use
becaus~ FestNal Dr(ve, which runs in back of ihe proposed project, is a private street and parfcing will be
made avaflable along the east side of said street~ that there are no publk streets within reasonable
walking distance on which patrons of this proJect would Pe~~ntert anduthat~the p oject access po ts
available in the noriheasterly porcion of The F~stNal shopping
are located on a private street which provides access to the shopping cer~ter only;
4. That the waiver, under the condftions imposed, will not Increase the demand and
competftion fAr par4irn~ spaces upon adjaceM prNate properry in the immediate vicinity of the proposed
uses (which propercy is not expressly provided as parking for such uses under an agreement in
compiiance with Section 18.06.010.020 of the Zoning Code) because there is no adJacent private property
in the (mmediate vicinity where par!cing would logically occur; arxi that analys(s and stud~es have
demonstrated that the ~nderlying site v~•ill have adequate parking supply to accommodate an increased
parking demand;
5. That the waNer, under the corxiftions imposed, wi~~ ciot Increase traffic con98s~~
within the off-street paricing aresis or lots provkled for such use because Parkl~9 is available next to the
food auurt where patrons of the theater and the proposed uses may park on the lower level and walk to
the theater on the upper level thereby reducing the potential of on-site drNing and congestion;
6. That ths waiver, under the cortdftiors imposed, ~vGl not impe~e vehtcular ingress
to or egress from adjacent properttes upon the public s4reets in the immediate v~iniry of the proposed
use;
7. That the proposed use is property one for which a corxiftional use peRnft is
authorized ~Y ~he Zaiing Code;
-2- PC9%-27
~ ~
8. That the proposed use will not adv j~y I~ted becau~seithelfitness cer~ter arxJ
growth and development of the area in which it is proposed M Area 2 and w~~~ have no adverse
child day care faciliry are compatible wRh existinfl uses iri Developme
impact on The Anaheim Hills Festival Shopping Center or on surrounding uses;
s. That the size and shaPe of the site for the proposed use fs adequate to ailow the
full developmeM of the proposed use fn a manner nnt detdmental to the particular area nor to the peace,
health, safery, general welfare;
10. That the traffic generated by thn proposed ~se wp~ not ~mPose an undue burden
upon the streQts and highways designed and Improved to carry the trafflc In the area;
11. That the granting of the condit~onal use PermK undar the condftfons ~mPose~~ W~~~
not be detrimental to the peace~ health, safety and general welfare of the c':tizens of the City of Anahelm;
12. That 3 people indicated their concem at €aid pubilc hea~ing~ and that no
correspondence was received in opposft~on to the subJect petftion:
c'AUFORNIA ENVIRONMEN"tAL (~~.R!,ITO' ACT FINDING: That the Anaheim City
Planning Commisston has reviAwod the proposal for De~~~Gmern ~~ 2 tO ~~ ~~ ~~p to 25,000
square feet or 1,500 seats) the existing theater, (2) reviss ic-w sits P~n to redeslgnate 20,000 square feet
of area for general retai~ vses, (3) approval of a conditiosiaf use perml: to co+~struct 8 35~000 Square foot
health club andi a 10,000 square-foot child day care fac~ii'ry v~lth a 15,000 square-foot o:~tdoor play area,
(4) amend CorxJftior_ ~lo. 9 of Ordlnance No. 5110 to permit on-street parkfng on Fest9al Drive, X~t~5)
waNe the mirdmum n;.~m(oer of parkin9 spacas on an irregularly-ShaPed Parcel consistin of sPP y
85 acres located at t~+,e southwest comer of Santa Ana Canyo~ Road and Rooseveft Road, having
approximate fror~tages of 2,170 feet on the south side of Santa Ana Canyon ~toad a~d 850 feet on the
west side of Roosevelt Road and further described as The Anaheim Hills Festival Shopping Center; and
does hereby approve the NegatNe DeciaraUon upon flnding that the dedaration reflects the independerK
Judgement of the lead agency a~bUc evi~~ pr C~ nd furthe fln~die gB~Ded~arab ~sis ~th inftial study
comments receNed during the pu
arxi any commenis re~efved that there is no substantial ev~dence that the project wAI have a signtflcant
effect on the environment
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petidon for Conditional Use Permit, upc,n the fdlowing condftions which are
hereby fourxi to be a necessary Prerequisfte to the proposed use of the subject property in order to
preserve 4he safety and 9eneral welfare of the Cftizens of the City of Anaheim:
1. That flnal pians showin~ detailed elevations, si9na9e, landseaping, exierior equlpment, cdors and
materials for the facility s~haU be submitted to the Planning Commfssion for review and approval
as a'Reports and Reaommendations' Rem.
2. That, due to ihe pa~ t~9 ~~ter w'rth restaur'~ant~s ~ a he ~hefm IHills Festiva~ Shopping Centere
shared marketing
3, That employee parkin~ shall not be permttted on the upper ~evel du~ing the peak parktng demand
pe~lods: Frklays and Saturdays between 6 p.m. and 10 p.m.
q, That the outdoor plaY areas for the child day care tacAity shall not be u~NUed by chNdren prior to
8 a.m. or after 6 p.m. •
~- PC97-27
~ ~
5, That an on-sfte loading and unloading area for the child ca~ M~~~~~~ a~e~a S~all be s nhown
and design acceptable to the City Traffic arxi Transporta 9
on pla~ns submitted for building permits•
6. Th Iliry tSaid~ga'teopcr'ations shall bees9hown on plans s bmfttednfoabuildi g~~~ Nd day care
7, That plans shall be submitted to the Ciry Yrafflc a~d Transportat~on Manager f°r his revlew and
approval showing coriforrs~a~~e with the latast revisfons of Engineering S4andardS~~ thereupon
and 6p2 pertaining to parlcin9 standards and drNeway locations. Subject p opertY
be developed and maintained (n conformance wfth said plans.
g, That the new drNeway accessin En e neer IDnf cor~formance ~^' h E 9 eering SttaOndarcl No.i ~ 37 urb
retums as required by the Ciry g
g, That the lot line for Parcei No. 2 shall be deadY IdeMffied on the site plans submitted for buitding
permits.
10~ ohthe Pubtic Works Department Street and Sanifation Dwsion, for review nd aPP ~~ mm~
11, That an on-site trash truck tum-around areri shall be provided arxl ma~r~ta~~ed ~~ a~nner and
t~m-~around area~shall be spec~f~cally shown ona~lans submitted fo~r b a~^gtipennitsision. Said
12, That the developer shall submit a Water ~ualicy Management Plan (WAMP) 3P~~~y ~entiFying
stormwate~runoff. BThe WQMP shall be bmitted~toSt etPuWict Worksaii7eve~opment Serv ces
DNision, for review and approvai.
13_ That the owner of the subJect proPertY Shall submft a letter requesting termination o# ~ariance No.
4201 (to waNe the minimum number of parl`~n9 space~ fw DevelopmeM Area 2 in conJunction with
a 4,016 sq.ft. increase in building area arxi the redes~gnation of a portion of DevelopmeM Area 2
Nom 'Home Improvement Fumishings' uses to "General RetaG' uses to the Zoning Division.
14. S bmitted toth Ciry of IAnahaim byte Spetit one~and whkh pians a ehonafile wfthSthscPlann~ng
Department marked Exhibft No. 1.
15, That prlor to the issuance of a building pem~it for the general retafl uses (up to 20,000 sq.ft.), an
updated parking study shall be prepared by a qua~iHed traffic engineer and the resufts shall be
submitted to the Zcx~in9 DNision of the Planning Department for review by the Ctry Traffic and
Transportation Manager and the Planning Commission as a'Reports and Recommendations" item
to determins ff the park~n9 ~s ade4uate to accommadaYe safd 9ene~ ~e~W uses.
16. That a sound study st~all be prepared determining the current dB read(ng of ex~ting roof mouMed
air-condftfoning QquipmeM a~d ~~s~hrby two (2) dBBSi~Algn~ equipmer~t shall ~have a
affecting the residential prope
dB reading not exceedln9 this two (2) dB reduction. Said study shal~ bets~ ~~ tfor Planning
DNision of the Plannfng Depanment as a'Report and Recommenda ~
Commission review. lmplementation of sald studY shal~ be required as directed by the
Commissbn.
~ PC97-27
>
~ ~
17. That prior to issua ee~~a ~~~~ ~~~~ ~~ ~ 1 ~~ g 0 e111, 2~13,15 and16, above-
resolutton, whichev for further time io complete said conditions may
meMioned~ shail be complied wfth. Extensions
be graMed in accordance wfth Sectbn 18.03.09~ of the Anahelm Munkipa~ Code.
1 g, 7hat p~ior to flnal building and zoning inspections, Conditbns No. 8 and 14, above-mentioned,
shall be complied wnh•
ig. That unless condftions to the contrary were expresslY ~mP°sed ~P~ « 9~rn~~9 °f the Paoved
v~raNer, the granting of said ~vai~er shall be deemed conNngeM upon o~:eration of the app
uses in conformance wfth the assumptionst~t f rmedt the basisofoa pp~o~ ~~~~ waNer.
contained in the parking dema~d study ions as contained
Exceedfng, vidating~ intensffy~shall be dAemed a vidtia ion of the express condftions (mposed uPon
i~ the parking demand study
said termfnation or modffication pursuant to the provis~ons of Sect~on ~8•03•091 II~ ~g~~•092 of
the Zoning Code•
2p. That approval of this application constftutes approval of the proPosed ~eUuest oniy to the extent
that ft complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approvai does not include ~~8 o~in~a ce,~regu a lon orrequire ent or
approvai of the request regarcfin9 any other appl
BE IT FURTHER RESOLVED that the Anahe~ ~KY P~~i~ u~ni applicant's
hereby find and determine that adoption of this Resolutfon Is exPr Y Pr
comp!ianee wfth each and all of the conditions hereinabove set fort`h~. ~~~ ~a a yuc~~ ~nio~~ e~ i
part thereof, be dedared irnalid or u~er~orceable by the flnal j 9
jurisdiction, then this Resolution, and any approvals herein cor~ta~ned~ shaU be deemed n~l arxl vokl•
THt FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 17, 1997.
CHAIRPERSON ANAHEI CITY PLANNING COMI~fiISSION
AT~EST•
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
5TATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss•
CITY OF ANAHEIM )
f, Margarita Sdorio, Secretary of the Anaheim Ciry Planning Commission, do here P~anni g
tfiat the foregoing resolution was Passed and adopted at a meeting of the pnaheim Cfcy
Commission held on March 17, 1997, bY the fdiowirsg vote of the members thereof:
AYES: COMMISSIOhERS: 80S~IVICK BOYDSTUN, 6RISTOL, H~NNINGER, MESSE
NOES: COMMISSIONtRS: NONE
ABSENT: COMMISSI~NERS: MAYER, PERAZA ~
IN WITPJESS WHEREOF, I have hereunto set m hand this ~~7"" day of ,~L-~
1997.
SECRETA Y, A EI'M CITY PLANNtNG COMMISSION
PC97-27
-5-