RES-2009-174RESOLUTION NO. 2009 -174
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL
USE PERMIT NO. 2008 -05372 AND VARIANCE NO.
2009 - 04795.
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"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 with fewer parking spaces than required by Code on that certain real property situated in
the City of Anaheim, County of Orange, State of California, as more particularly shown on
Exhibit A attached hereto and incorporated herein by this reference (the "Subject Property "); and
WHEREAS, the subject property is developed with a 1,795 -seat, 13- screen movie
theater located in Development Area 5 (Commercial Area) of the Northeast Area Specific Plan
No. SP94 -1; and the Anaheim General Plan designates the property for General Commercial land
uses; and
WHEREAS, in conjunction with the proposal to construct a 10,000 square foot
commercial retail building the applicant has requested a variance from the following provisions
of the Anaheim Municipal Code pertaining to minimum number of required parking spaces:
(a) SECTION NO. 18.42.040.010
[Table 42 -A]
Minimum number of parking spaces
(644 spaces required; 538 spaces
proposed)
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, the Planning 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, did adopt its Resolution No. PC2009 -089 granting Conditional Use
Permit No. 2008 -05372 and Variance No. 2009 -04795 to permit the construction of a 10,000
square foot commercial retail building with fewer parking spaces than required by Code; and
WHEREAS, within the time prescribed by law, an interested party did appeal said
Planning Commission decision to the Anaheim City Council; and
WHEREAS, thereafter, the City Council did set said Petition for a de novo public
hearing, which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did hold and conduct such public hearing on December 8, 2009 and did give all persons
interested therein an opportunity to be heard and did receive evidence and reports, including all
the evidence submitted to the Planning Commission at the time of its hearing upon said
application, and did consider the same; and
WHEREAS, having considered the recommendations of the Planning
Commission, the City Council does find, after due inspection, investigation and study made by
itself and in its behalf and after careful consideration of all evidence and reports offered at said
hearing before the City Council that all of the conditions and criteria set forth in Section
18.66.060 of the Anaheim Municipal Code required for the approval of Conditional Use Permit
No. 2008 -05372 are present for the following reasons:
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 Section 18.120.100.050.0510
(commercial retail centers) of the Anaheim Municipal Code.
2. The commercial retail center will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be located because adequate
parking and circulation exists for the movie theater and proposed commercial building with the
implementation of required enhancements to the existing 190 space parking structure and
pedestrian walkways that will promote increased utilization of the parking structure by patrons of
the movie theater.
3. The size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety of
the citizens of Anaheim.
4. The size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety of
the citizens of Anaheim.
5. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land
use that is compatible with the surrounding area.
WHEREAS, the Anaheim City Council does further find and determine that all of
the conditions and criteria set forth in Section 18.42.110 of the Anaheim Municipal Code
required for the approval of a parking variance, designated as Variance No. 2009 - 04795, are
present for the following reasons:
1. The parking analysis prepared by Linscott, Law & Greenspan, licensed traffic
engineers, dated July 1, 2009, provides evidence that adequate parking and circulation exists for
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the movie theater and proposed commercial building with the implementation of required
enhancements to the 190 space parking structure and pedestrian walkways that will promote
increased utilization of the parking structure by patrons of the movie theater.
2. Based on the parking study, the parking variance will not cause fewer off - street
parking spaces to be provided for the movie theater and proposed commercial building than the
number of such spaces necessary to accommodate all vehicles attributable to such uses under the
normal and reasonable foreseeable conditions of operation.
3. Based on the parking study, the parking variance will not increase traffic congestion
and will not increase the demand and competition for parking spaces upon the public streets in
the immediate vicinity of the use because the movie theater and proposed commercial building
will have adequate parking to accommodate the project's peak parking demands.
4. Based on the parking study, the parking variance will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because, as indicated in the parking analysis, adequate parking exists to
accommodate the anticipated project peak parking demand.
WHEREAS, the City Council, as lead agency for purposes of the California
Environmental Quality Act ( "CEQA "), does hereby find and determine that the proposed project
falls within the definition of Categorical Exemptions, Section 15303 (c), Class 3 (New
Construction) as defined in the State CEQA Guidelines, and is therefore, exempt from the
requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Conditional Use Permit No. 2008 -05372 and Variance No. 2009 -04795 be, and the
same are hereby, granted.
BE IT FURTHER RESOLVED that the Anaheim City Council does approve
Conditional Use Permit No. 2008 -05372 and Variance No. 2009 -04795 subject to the conditions
of approval described in Exhibit "B" attached hereto and incorporated herein by this reference
which are hereby found to be a necessary prerequisite to the proposed use of the subject property
in order to preserve the safety and general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 8th day of December , 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF A IM
B
MAYOR OF THE Y ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
74968.v1 /Wordon
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EXHIBIT t tAt t
CONDITIONAL USE PERMIT NO. 2008 -05372
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
10832
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008 -05372 AND VARIANCE NO. 2009 -04795
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Responsible
No.
Conditions of Approval
for
Monitorin
TIMING: PRIOR TO ISSUANCE OF A BUILDING OR GRADING PERMIT
1
The applicant shall submit a detailed plan to the Planning
Planning
Department to be reviewed by the Planning Commission as a
Report and Recommendations item describing the
improvements to the property, including improvements to the
parking structure and pedestrian walkways to ensure increased
utilization of the parking structure by movie theater patrons, as
recommended in the Parking Analysis. Plans should incorporate
a combination of the following types of improvements:
wayfinding signs (interior and exterior); improvements to
pedestrian walkways; removal of security fencing on parking
structure stairwells; lighting; architectural enhancements;
awnings; signs; paint and graphics; landscaping; ambient music;
as well as operational considerations such as valet parking. Said
information shall be included on plans submitted for building
permits.
2
The property owner shall submit a detailed security plan for
Planning
approval of the Chief of Police or his/her designee that includes
security measures including adequate lighting, perimeter fencing
and security personnel, to promote a safe environment for the
circulation of persons and vehicles, and prevent disturbances
Police
caused by loitering and skateboarding on the property. A copy
of the approved security plan shall be provided to the Police
Department, Vice Detail and the Planning Department.
Improvements to the property required by the approved security
plans shall be shown on the construction drawings submitted for
building permits.
3
All plumbing or other similar pipes and fixtures located on the
Planning
exterior of the building shall be fully screened by architectural
devices and /or appropriate building materials; and, further, such
information shall be specifically shown on the plans submitted
for building permits.
4
Roof - mounted equipment shall be properly shielded from view
Planning
and shall be painted to match the color of the roof.
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5
The applicant shall submit an interim parking plan for periods of
Planning
construction, to the Planning Department for review and
approval describing phasing of construction, temporary
circulation and wayfinding to direct people to available parking
spaces, including the parking structure during construction.
6
All utility equipment shall be located outside of street setback
Water
areas in a manner fully screened from public right -of -way.
Engineering
Electrical
Engineering
7
All requests for new water services or fire lines, as well as any
Water
modifications, relocations, or abandonment of existing water
Engineering
services and fire lines, shall be coordinated through Water
Engineering Division of the Public Utilities Department,
8
The property owner shall irrevocably offer to dedicate to the
Water
City of Anaheim an easement twenty (20) feet in width for
Engineering
water service mains and /or an easement for large meters and
other public water facilities.
9
The developer shall submit an estimate of the maximum fire
Water
flow rate and maximum day and peak hour water demands for
Engineering
the project. This information will be used to determine the
adequacy of the existing water system to provide the estimated
water demands.
10
All existing water services and fire lines shall conform to
Water
current Water Services Standards Specifications. Any water
Engineering
service and /or fire line that does not meet current standards shall
be upgraded if continued use is necessary or abandoned if the
existing service is no longer needed.
11
Plans shall indicate that any enhanced paving surfaces shall be
Public
located entirely on private property and not encroach into the
Works
public right -of -way on La Palma Avenue
12
Adequate lighting of parking lots, driveway, circulation areas,
Planning
aisles, passageways, recesses and grounds contiguous to
buildings shall be provided with lighting of sufficient wattage to
provide adequate illumination to make clearly visible the
presence of any person on or about the premises during the
hours of darkness and provide a safe, secure environment for all
persons, property, and vehicles on -site. Said lighting shall be
decorative and complementary to the architecture of the
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building. Said information shall be specifically shown on plans
submitted for Police Department, Community Services Division
approval.
13
That trash storage areas shall be provided and maintained in a
Public
location acceptable to the Public Works Department, Streets and
Works,
Sanitation Division and in accordance with approved plans on
Streets and
file with said Department. Said storage areas shall be designed,
Sanitation
located and screened so as not to be readily identifiable from
adjacent streets or highways. The walls of the storage areas
shall be protected from graffiti opportunities by the use of plant
materials such as minimum 1- gallon size clinging vines planted
on maximum 3 -foot centers or tall shrubbery. Said information
shall be specifically shown on the plans submitted for (a)
building permits. (b) Planning Department and Public Works
Department, Streets and Sanitation Division approval.
TIMING: 0X
GOING DURING PROJECT CONSTR UCTION
14
The parking structure shall be open and available for parking.
Planning
15
The approved interim parking plan shall be implemented on an
Planning
on -going basis during project construction to ensure no undue
impact on surrounding property owners and adequate on -site
parking for patrons.
TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTION
16
Fire lanes shall be posted with "No Parking Any Time." Said
Planning
information shall be specifically shown on plans submitted for
building permits
Fire
17
That 3 -foot high address numbers shall be displayed on the roof
Police
in a contrasting color to the roof material. The numbers shall
not be visible from the view of the street or adjacent properties
18
Improvements to the property required by the security plan as
Planning
required in Condition No. 2 and shown on the approved
construction drawings shall be completed.
Police
19
The applicant shall complete all improvements to the property
Planning
and implement the operational enhancements relating to
increasing the utilization to the parking structure, as approved
by the Planning Commission as a Reports and Recommendation
item.
TIMING: ON -GOING DURING PROJECT OPERATION
20
That the number of seats in the movie theater shall be limited to
Planning
1,795, as shown on Site Plans and analyzed in the parking study.
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21
There will be a maximum of 4,938 square feet of full- service
Planning
restaurant area, with a maximum of 1,500 square feet of outdoor
dining area. Any take -out restaurant tenants shall be limited to a
maximum of 10 seats. Any intensification of these uses, as
analyzed in the parking analysis would require a parking variance.
22
That there shall be no public telephones on the premises located
Planning
outside the building
23
No required parking areas shall be fenced or otherwise enclosed
Planning
for storage purposes.
24
Security measures set forth in the approved security plan
Planning
required by Condition No. 2 shall be implemented by the
property owner on an on -going basis during project operation.
Police
Any amendments to the plan shall be approved by the Chief of
Police or his /her designee and shall also be filed with the Police
Department, Vice Detail and the Planning Department.
GENERAL
25
The property shall be permanently maintained in an orderly
Planning
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty -four (24) hours from the time of discovery.
26
The property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim
by the project applicant and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 9 of
Conditional Use Permit No. 2008 - 05372, and as conditioned
herein.
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