Resolution-PC 2009-089RESOLUTION NO. PC2009 -089
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 3 CATEGORICAL EXEMPTION AND
CONDITIONAL USE PERMIT NO. 2008 -05372 AND VARIANCE NO. 2009 -04795
(5635 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2008 -05372 and Variance No. 2009 -04795 to construct
a 10,000 square foot commercial retail building on the Cinema City movie theatre property with
fewer parking spaces than required by Code for certain real property situated in the City of
Anaheim, County of Orange, State of California, shown on Exhibit A. attached hereto and
incorporated herein by this reference.
WHEREAS, this property is developed with a 1,795 -seat, 13- screen movie theater
located in the SP94 -1, Development Area 5 (Northeast Area Specific Plan, Commercial Area)
zone and the Anaheim General Plan designates the property for general commercial land uses;
and
WHEREAS, the proposed request to construct a 10,000 square foot
commercial retail building on the Cinema City movie theatre property includes a variance
from the following:
(a) SECTION NO. 18.42.040.010
(Table 42 -A)
Minimum number of parking spaces
(644 spaces required; 538 spaces
proposed and provided on -site and
by agreement and easement)
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 30, 2009, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and variance and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. The request to construct a 10,000 square foot commercial retail building is
properly one for which a conditional use permit is authorized under Code Section No.
18.120.100.050.0510 (Commercial retail centers) of the Anaheim Municipal Code.
1 PC2009 -089