Resolution-PC 2012-103RESOLUTION NO. PC2012 -103
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVAL OF AN
AMENDMENT TO THE CONDITIONS OF SPECIFIC PLAN NO. 90 -1, AS SET
FORTH IN RESOLUTIONS NO. 90R -86 AND 90R -87 AND ORDINANCE NO.
5110, AND AN AMENDMENT TO THE ZONING AND DEVELOPMENT
STANDARDS OF CHAPTER 18.108 OF THE ANAHEIM MUNICIPAL CODE
(SPECIFIC PLAN AMENDMENT NO. 2012- 00064) (DEV2012- 00121)
(8000 EAST SANTA ANA CANYON ROAD)
WHEREAS, on April 29, 1986, the City Council of the City of Anaheim (the "City
Council') adopted Ordinance No. 4709 to establish uniform procedures for the adoption and
implementation of Specific Plans for the coordination of future development within the City, and
"Zoning and Development Standards" when the Specific Plan includes zoning regulations and
development standards to be substituted for existing zoning under the Zoning Code, which
"Zoning and Development Standards" shall be adopted by ordinance independent of the rest of the
Specific Plan; and,
WHEREAS, pursuant to the procedures set forth in former Chapter 18.93 of the Anaheim
Municipal Code (herein referred to as the "Code "), the City Council of the City of Anaheim ( "City
Council') adopted its Resolution No. 90R -86 on March 20, 1990, thereby adopting Specific Plan
No. 90 -1 for the then proposed Anaheim Hills Festival project (herein referred to as "Specific Plan
No. 90 -1 "), subject to those certain conditions specified in Resolution No. 90R -86; and,
WHEREAS, the City Council concurrently adopted its Resolution No. 90R -87, thereby
requiring that the zoning and development standards relating to Specific Plan No. 90 -1 and
adopted by ordinance of the City Council would be subject to those certain conditions specified in
Resolution No. 90R -87; and,
WHEREAS, the Anaheim Hills Festival project consisted of approximately 533,950 sq.ft.
of retail space, a 4,000 sq.ft. service station, a 33,000 sq.ft. theater, a 150 -room hotel with a 7,500
sq.ft. freestanding restaurant, and a 240,000 sq.ft. business commercial area within four
Development Areas on 85 acres located at the southwest corner of Santa Ana Canyon Road and
Roosevelt Road in the Scenic Corridor Zone Overlay zone; and,
WHEREAS, in order to carry out the action taken by the City Council by its adoption of
Resolutions Nos. 90R -86 and 90R -87 and pursuant to the procedures set forth in former Chapter
18.93 of the Code, the City Council adopted Ordinance No. 5109 on March 27, 1990, amending
the Code to establish the zoning and development standards for Specific Plan No. 90 -1 and the
Anaheim Hills Festival project, which were then codified as "Chapter 18.74 — Specific Plan No.
90 -1 (SP 90 -1) Zoning and Development Standards" of Title i8 of the Code; and,
PC2012 -103
WHEREAS, the City Council also adopted Ordinance No. 5110 on March 27, 1990 for
the purpose of amending the Zoning Map of the City to reclassify the 85 -acre project site, as
described therein, into the SP 90 -1 (Specific Plan 90 -1) Zone, subject to those certain
conditions specified in Ordinance No. 5110; and,
WHEREAS, the City Council amended Specific Plan No. 90 -1 by approving Resolution
No. 92R -160 (amending Resolutions Nos. 90R -86 and 90R -87) on July 28, 1992, and
adopting Ordinance No. 5324 (amending Ordinance No. 5110) on July 28, 1992, amending
conditions of approval of the Specific Plan ( "Amendment No. 1); and,
WHEREAS, the City Council amended Specific Plan No. 90 -1 by approving Resolution
No. 97R -41 (amending Resolutions Nos. 90R -86 and 90R -87) on April 1, 1997, and adopting
Ordinance No. 5603 (amending Ordinance No. 5110) on July 22, 1997 ( "Amendment No. 2 ").
Amendment No. 2 amended Specific Plan No. 90 -1 to allow the(1) expansion of the existing
theater, (2) revision of the site plan to re- designate 20,000 square feet of area for general retail
uses, (3) construction of a 25,000 square foot health club and a 10,000 square foot child care
facility with a 15,000 square foot outdoor play area, subject to approval of a conditional use
permit, and (4) amendment of Condition No. 9 of Ordinance No. 5110 to permit on- street
parking on Festival Drive within Development Area 2; and,
WHEREAS, the City Council amended Specific Plan No. 90 -1 by approving
Resolution No. 98R -164 (Amending Resolutions Nos. 90R-86 and 90R -87) on August 11,
1998, and adopting Ordinance No. 5645 (amending Ordinance No. 5109) on August 18,
1998, to permit senior citizen apartments in Development Area 4 and amending the Zoning
and Development Standards relating thereto ( "Amendment No. Y); and,
WHEREAS, the City Council amended Specific Plan No. 90 -1 by approving
Resolution No. 2002R -39 (Amending Resolution No. 90R-87) on February 12, 2002,
and adopting Ordinance No. 5806 (amending Ordinance No. 5109) on February 26, 2002, to
allow secondary wall signage for in -line tenants that rear onto Santa Ana Canyon Road and
amending the Zoning and Development Standards relating thereto ( "Amendment No. ); and,
WHEREAS, pursuant to the procedures set forth in Chapter 18.72.040 of the Anaheim
Municipal Code, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission ") did receive a verified petition to amend Specific Plan No. 90 -1 and the
Zoning and Development Standards relating thereto (Specific Plan Amendment No. 2012 - 00064),
to permit the sale of beer and wine at service stations subject to the approval of a conditional use
permit; and,
WHEREAS, Specific Plan Amendment No. 2010 -00064 is proposed in conjunction with
Conditional Use Permit No. 3333A and Public Convenience or Necessity No. 2012 -00092 to
amend a conditional use permit for an existing service station in order to permit beer and wine
sales for off- premises consumption and to make an associated determination of public convenience
or necessity to permit a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control license
(herein referred to collectively as the "proposed project "); and,
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WHEREAS, the Planning Commission conducted a public hearing for the proposed project
at the Civic Center in the City of Anaheim on December 17, 2012, 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
Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed project
actions, including Specific Plan Amendment No. 2012 - 00064, and to investigate and make
findings and recommendations in connection therewith; and,
WHEREAS, the Planning Commission finds and determines, under and pursuant to the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein
referred to as "CEQA "), that the proposed project is within that class of projects which consist of
the repair, maintenance, and /or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this determination,
and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations,
the proposed project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and,
WHEREAS, the Planning Commission, after due consideration, inspection, investigation
and study made by itself, and after due consideration of, and based upon, all evidence and reports
offered at said hearing, does hereby find:
1. The proposed amendment to Specific Plan No. 90 -1 would not change the
boundaries of the existing Festival Specific Plan; and
2. The proposed amendment to Specific Plan No. 90 -1will make a change that is
consistent with the same land use regulations that apply to other service stations citywide;
therefore, this request will not make any substantive changes that would be conflict with the goals
and policies of the General Plan; and
3. The proposed amendment to Specific Plan No. 90-1 is not intended to significantly
change the intent of the development standards, which were specifically developed to result in
development of desirable character that will be compatible with existing and proposed
development in The Festival and the surrounding areas, and
4. The proposed amendment to Specific Plan No. 90- lmaintains the balance of land
uses within the City by encouraging shopping and entertainment related activity in an area of the
City specifically designated for this type of development; and
5. The proposed amendment to Specific Plan No. 90- 1would not result in any adverse
environmental, aesthetic, or historical resource impacts in the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby recommend that the City Council take the
following action:
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I . Find and determine that the proposed project is within that class of projects which
consist of the repair, maintenance, and /or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of
Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; and,
2. Adopt a resolution amending Resolution No. 90R -86 and Resolution No. 90R -87 to
delete Condition No. 21 of each such Resolution; and,
3. Adopt an uncodified ordinance amending Ordinance No. 5110 by deleting
Condition No. 21 therefrom; and,
4. Adopt an ordinance amending paragraph (b) of subsection 18.108.040.020 of
Chapter 18.108 of Title 18 of the Anaheim Municipal Code to read as follows:
"(b) Conditional Uses. The following and substantially
similar uses shall be permitted with a conditional use permit:
1. One automobile washing: self - service or
automatic, including use of mechanical conveyors, blowers and
steam cleaners (hereinafter referred to as "autowash ") (on the
lower level /north portion of Development Area No. 2);
2. Convenience food stores with 01 without the
sale of alcoholic he%eraL?cs for off- Premises consumption, in
connection with gasoline sales;
3. Day care centers (for children or elderly);
4. Medical /dental labs;
5. Medical emergency care facilities; and
6. Laundry, self- service establishments."
BE IT FURTHER RESOLVED that approval of Specific Plan Amendment No. 2010-
00064 is contingent upon and subject to approval of Conditional Use Permit No. 3333A and Public
Convenience or Necessity No. 2012- 00092.
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THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning
Commission meeting of December 17, 2012. Said resolution is subject to the appeal provisions set
forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
1 4 `-
CHAIR PRO TE POR
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR k I ENI TARP, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on December 17, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN. PERSAUD,
SEYMOUR
NOES: COMMISSIONERS: AGARWAL, RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 17` day of
December, 2012.
U
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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