92-246 RESOLUTION NO. 92R-246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE
PERMIT NO. 3414 AND AMENDING RESOLUTION NO.
PC91-110.
WHEREAS, the Planning Commission of the city of Anaheim
heretofore adopted its Resolution No. 91R-110 approving Conditional
Use Permit No. 3414 to permit the expansion of a multi-screen
motion picture theater complex and the construction of a 29-foot
high parking structure therefor with a waiver of the minimum number
of off-street parking spaces otherwise required for such complex
(hereinafter collectively termed the "Project"), subject to certain
conditions of approval specified in Resolution No. PC91-110; and
WHEREAS, the permittee thereafter filed a request for
approval of a revised site phasing plan for Conditional Use Permit
No. 3414; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on said request on October 19, 1992, and after due
consideration of all evidence and testimony offered at said public
hearing did adopt its Resolution No. PC92-122 approving a revised
phasing plan for said Project and amending the conditions of
approval of Conditional Use Permit No. 3414 relating thereto; and
WHEREAS, thereafter, within the time and manner permitted
by law, an interested party filed an appeal with the City Council
from the decision of the Planning Commission contained in its
Resolution No. PC92-122; and
WHEREAS, the City Council held a duly noticed public
hearing concerning said appeal on December 8, 1992, at which
hearing the City Council did receive and consider evidence, both
oral and documentary, relating to said request; and
WHEREAS, the city Council hereby finds and determines
that the amendment of said conditions of approval in the manner
hereinafter set forth is reasonably necessary to protect the public
peace, health, safety or general welfare, or necessary to permit
reasonable operation under said Conditional Use Permit based upon
the following findings of fact:
1. Conditional Use Permit No. 3414 was approved by the
Planning Commission on July 29, 1991, by Resolution No. PC91-
110 to permit the expansion of an existing multi-screen indoor
theater complex and the construction of a 29-foot high (160
space) parking structure relating thereto; and
2. Said Conditional Use Permit No. 3414 included a
waiver of the minimum number of off-street parking spaces
required for said theater complex, based upon findings set
forth in Resolution No. PC91-110, provided that the total
number of available off-street parking spaces for such theater
complex would be not less than eighty percent (80%) of the
number otherwise required by the Anaheim Municipal Code based
upon the number of seats to be provided in said theater
complex; and
3. Conditional Use Permit No. 3414, as approved by
Resolution No. PC91-110, authorized the construction of a
parking structure for purposes of meeting the off-street
parking requirements imposed by said Conditional Use Permit;
said Conditional Use Permit does provide that the number of
seats in the theater complex shall not exceed a number such
that the number of off-street parking spaces provided would be
less than eighty percent (80%) of the number of spaces
required by the Anaheim Municipal Code based upon the number
of seats in the theater complex; and
4. The permittee has requested a modification to the
conditions of Conditional Use Permit No. 3414 pursuant to the
provisions of Section 18.03.092.060 of the Anaheim Municipal
Code to establish a phasing plan for the Project with the
expansion of the theater complex to proceed as Phase I and the
construction of the parking structure (previously approved by
Conditional Use Permit No. 3414) to be deferred as Phase II of
the development; and
5. Delay in construction of the parking structure will
not result in a greater parking variance than was approved in
Conditional Use Permit No. 3414 because the number of seats in
the theater complex will be reduced until such time as the
parking structure is constructed to assure that not less than
eighty percent (80%) of the otherwise required number of off-
street parking spaces are provided at all times prior to
construction of the parking structure (based on the number of
seats in the theater complex); and
6. Construction of the parking structure has been
delayed due to legal issues concerning possible easements in
favor of the Atchison, Topeka and Santa Fe Railroad Company
which could affect the permissible location and design of the
parking structure; and
7. Due to the current economic conditions and issues
concerning the possible railroad easement, the permit holder
has been unable to obtain financing for the construction of
the parking structure; and
8. The permittee indicates that its lender will be
unable to address the issue concerning a loan for the
construction of the parking structure until the end of Summer
1993; and
9. Deferral of construction of the parking structure
is, therefore, necessary to permit reasonable operation under
Conditional Use Permit No. 3414 for the reasons hereinabove
set forth; and
- 2 -
10. The addition of the hereinafter specified conditions
to Conditional Use Permit No. 3414 are reasonably necessary to
protect the public peace, health, safety or general welfare
due to the proposed phasing of construction of the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval heretofore imposed
in Conditional Use Permit No. 3414 as set forth in Resolution No.
PC91-110 be, and the same are hereby, amended by the addition of
new Conditions Nos. 28, 29 and 30 thereto, to read as follows:
"28. That prior to issuance of a certificate of occupancy for
the theater annex:
(a) A plan shall be submitted to the Zoning Division of the
Planning Department for review and approval, showing the
final existing seat counts for each theater in the multi-
plex theater complex and the actual number, location and
size of all existing on-site parking spaces (the minimum
parking space width shall be eight and one half [8~] feet
except that where the adjacent driveway aisle is narrower
than required by Code and/or City standards, the minimum
space width shall be nine [9] feet). Said plan shall
have been prepared and certified by a registered
architect and/or certified civil engineer as to accuracy
(the Planning Department may, by field inspection, verify
the accuracy of such plan). Said plan shall show that,
including any city-approved off-site parking spaces, the
total combined number of spaces is at least eighty
percent (80%) of the minimum required by Code for all the
seats in the theaters. If the minimum eighty percent
(80%) parking ratio has not been achieved, the number of
seats in the theaters shall be reduced proportionally and
a new plan shall be submitted to the Planning Department
for review and approval.
(b) Parking agreements shall be obtained by the petitioner
for any off-site parking and said agreements shall be
submitted to the Zoning Division for review and approval
by the City Attorney's office and the City Traffic and
Transportation Manager. Any future changes to the seat
counts for the theaters and/or number and/or location of
required parking spaces shall be submitted to the Zoning
Division for further review and approval.
29. That the petitioner shall be responsible for paying the
fee for each separate code enforcement inspection
conducted by staff for the purpose of verifying that
adequate parking is being provided relative to the
number of seats in the theaters, based on at least
eighty percent (80%) of the minimum number of parking
spaces required by Code being provided. Such
inspection(s) may be made monthly until construction of
the parking structure (Phase II) is completed and a
valid determination can be made as to the adequacy of
the available parking.
3
"30. That within a period of six (6) months from the date of
this resolution, the Planning Department will submit a
"Reports and Recommendation" staff report to the
Planning Commission discussing the status of subject
multi-plex theater complex: the number of seats in the
theaters, the number of parking spaces (both on-site
and off-site), whether the parking structure is being
constructed, and the status of the Imperial Promenade
development construction and its parking availability.
The Planning Commission may thereupon schedule a public
hearing in connection with the three conditional use
permits which include parking waivers for development
on subject property (Nos. 2905 and 3414) and on the
adjacent commercial retail center to the east (No.
3253). The purpose of such public hearing(s) would be
to modify the condition(s) of approval or other aspects
of the use permit(s) pertaining to the parking
waiver(s). If the purpose of modifying a previously
approved conditional use permit is to further reduce
the number of proposed parking spaces (that is,
increase the parking waiver), it shall be the
underlying petitioner's responsibility to file for and
pay for such public hearing, and to provide the
appropriate traffic and parking studies to support such
request."
BE IT FURTHER RESOLVED that, except as expressly
provided herein, Resolution No. PC-91-110 shall remain in full
force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of December,
1992.
MAYOR OF THE CITY O~ANAHEIM
ATTEST:
~.CITY CLERK OF THE OF ANAHEIM
JLW:lm
R423414.12
- 4 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 92R-246 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
heid on the 8th day of December, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler and Simpson
NOES: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-246 on
the 9th day of December, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 9th day of December, 1992.
~C~LE~R K° O~EI M
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 92R-246 was duly passed and adopted by the City Council of the City of Anaheim on
December 8, 1992.
CLERK OF ANAHEIM