RES-2012-055 RESOLUTION NO. 2012 -055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING CONDITIONAL USE PERMIT NO.
2011 -05573 AND VARIANCE NO. 2011- 04870.
(DEV2011- 00092)
WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning
Commission ") did receive a City- initiated request for Conditional Use Permit No. 2011 -05573 to
permit and retain a parking lot for that 0.62 acre parcel generally located southwest of South
Manchester Avenue and north of the future Gene Autry Way Overpass in the City of Anaheim,
County of Orange, State of California, as more particularly shown in Exhibit "A ", attached
hereto and incorporated herein by this reference (the "Subject Property "), with landscape
setbacks, parking space design and parking lot landscaping as follows:
SECTION NO. 18.116.090.020 Minimum landscape setbacks adjacent to
Manchester Avenue and Gene Autry Way
(20 feet required; 2 to 20 feet proposed).
SECTION NO. 18.116.090.040 Minimum landscape setback adjacent to
interior property line
(10 feet required; 0 feet proposed).
SECTION NO. 18.116.140.110 Minimum parking space design
(No overhang permitted; 2 foot overhang
proposed).
SECTION NO. 18.116.140.020 Minimum parking lot landscaping
AND 18.116.140.090 (9 trees in planters required; 6 trees proposed).
WHEREAS, the Subject Property is located in the Anaheim Resort Specific Plan,
Development Area 1 (Commercial Recreation) and the Anaheim General Plan designates the
property for Commercial Recreational land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 7, 2011, at 5:00 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, by motion, continued said public hearing
from November 7, 2011 to December 19, 2011; from December 19, 2011 to January 18, 2012;
from January 18, 2012 to February 27, 2012; and from February 27, 2012 to March 12, 2012;
and
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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. PC2012 -024 granting Conditional Use
Permit No. 2011 -05573 and Variance No. 2011- 04870; and
WHEREAS, within the time prescribed by law, an interested party or parties did
appeal said Planning Commission decision to the Anaheim City Council; and
WHEREAS, thereafter, the City Council did set the matter for a de novo hearing,
which public hearing was duly noticed in the manner provided by law; and
WHEREAS, on May 29, 2012, the public hearing was continued to June 5, 2012,
at which time the City Council did hold and conduct such public hearing 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, after careful consideration of the recommendations of the Planning
Commission and all additional evidence and reports offered at said public hearing before the City
Council, the City Council does hereby find and determine, with respect to said conditional use
permit that all of the conditions and criteria set forth in the Anaheim Municipal Code are present
as follows:
1. The proposed request to permit and retain a parking lot in the Anaheim Resort
Specific Plan, Development Area 1 (C -R District) is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.116.070.040 — Table 116C
(Automotive — Parking Lots or Parking Structures /Garages).
2. The proposed conditional use permit to permit a parking lot, as conditioned
herein, would not adversely affect the adjoining land uses and the growth and development of the
area in which it is proposed to be located because the parking lot serves to replace parking spaces
that were removed to accommodate the Gene Autry Way Overcrossing project and the proposed
surface parking lot does not preclude future development of the property.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed parking lot in a manner not detrimental to the particular area or to the health and
safety because the parking lot is designed to take advantage of access from an existing driveway
on Manchester Avenue and is designed in a manner that will allow safe and efficient vehicular
circulation and is compatible with the design of the adjacent parking spaces serving the Holiday
Inn and Staybridge Suites property.
4. The parking lot will not generate additional traffic that could cause an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the parking lot is intended to replace parking spaces that previously served the adjacent
Holiday Inn and Staybridge Suites and will not generate any additional traffic trips.
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5. The granting of the conditional use permit and the variance under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed parking lot will be compatible with the surrounding area because the use is
integrated with hotels and existing parking areas and is not a health or safety risk to the citizens
of the City of Anaheim.
WHEREAS, the City Council does further find and determine that the requested
variance to permit landscape setbacks, parking space design and parking lot landscaping that is
less than required by code should be approved for the following reasons:
1. That there are special circumstances applicable to the property, including size,
shape, location and surroundings, which do not apply to other property under identical zoning
classification in the vicinity that result in limited and inefficient use of the property if it were
developed in conformance with development standards. The property is a small, triangularly -
shaped property immediately adjacent to the Gene Autry Way Overcrossing. The size and shape
of the property limit the efficiency of independent design for the parcel, rendering it appropriate
for joint use with existing surface parking improvements on adjacent properties, and the location
of the parking lot adjacent to Gene Autry Way overpass presents a unique situation where a
landscape setback is unnecessary due to the grade difference between the parking lot and Gene
Autry Way.
2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under identical zoning
classification in the vicinity. Numerous properties within the Anaheim Resort Specific Plan
along Manchester Avenue have landscape setbacks that are less than required by code due to the
widening of the I -5 freeway and realignment of Manchester Avenue.
WHEREAS, the City Council has determined that the proposed project falls
within the definition of Categorical Exemptions, Section 15303 (Class 3 - New Construction),
Section 15305 (Class 5 - Minor Alterations) and Section 15311 (Class 11 - Accessory Structures)
as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to
prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
grant Conditional Use Permit No. 2011 -05573 and Variance No. 2011 -04870 subject to the
conditions of approval as stated in Exhibit `B" attached hereto and incorporated herein by this
reference, which conditions are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the health, safety and general welfare of the citizens
of the City of Anaheim. Extensions for further time to complete conditions of approval may be
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for
compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition(s), (ii) the modification complies with the Anaheim
Municipal Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
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BE IT FURTHER RESOLVED, that any amendment, modification or revocation
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the City Council does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such conditions, or any
part thereof, be declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein contained, shall be
deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 5th day of June , 2012, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MA OR OF THE CITY OF ANAHEIM
ATTEST:
0
CITY CLERK OF THE CIT • ANAHEIM
89689.v1
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EXHIBIT "A"
DEV NO. 2011 -00092
APN: 137 - 321 -33
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Q v Source: Recorded Tract Maps and /or City GIS.
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2011-05573
AND VARIANCE NO. 2011-04870
•
(DEV2011- 00092)
REVIEW SIGNED
NO. CONDITIONS OF APPROVAL BY OFF BY
GENERAL CONDITIONS
1 The parking lot will be constructed and retained substantially Public
in accordance with Exhibit No. 1 (Site /Landscape Plan) and Works
which plan is on file with the Planning Department.
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