Resolution-PC 2013-008RESOLUTION NO. PC2013 -008
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A PREVIOUSLY - APPROVED MITIGATED NEGATIVE
DECLARATION, TOGETHER WITH MITIGATION MONITFORING PROGRAM NO. 156
AND THE UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO.
156A, SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
AMENDING CONDITIONAL USE PERMIT NO. 2009 -05403
(TRACKING NO. CUP2009- 05403B)
(1800 -1820 SOUTH HARBOR BOULEVARD)
WHEREAS, on March 2, 2009, the Planning Commission of the City of Anaheim (herein
referred to as the 'Planning Commission ") adopted its Resolution No. PC2009 -038 to permit a
nightclub, health spa, murals visible to the public right -of -way, building integrated multi- tenant
signs, changeable copy signs and projecting signs, in conjunction with a nine - story, 252 -room
hotel with 75,593 square feet of accessory uses on certain real property located at 1800 -1820
South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, shown
on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Original
Project');
WHEREAS, on March 31, 2009, the City Council of the City of Anaheim adopted
Resolution No. 2009 -056 granting Conditional Use Permit No. 2009 -05403 for the Original
Project;
WHEREAS, Conditional Use Permit No. 2009 -05403 was approved in connection with
General Plan Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific
Plan (SPN2008- 00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape
Program (Miscellaneous Case No. 2009 - 00297), Variance No. 2008 - 004761, Public
Convenience or Necessity No. 2009 - 00056, and Final Site Plan No. 2008 -00004 (collectively,
the "Original Entitlements "); and
WHEREAS, on July 16, 2012, the Planning Commission approved a request to extend
the time to comply with the conditions of approval for the Original Entitlements, including
Conditional Use Permit 2009 - 05403, by two years to March 31, 2014 (herein referred to and
designated as "Conditional Use Permit 2009-05403A!');
WHEREAS, the Planning Commission did receive a verified petition to further amend
Conditional Use Permit 2009 -05403 for the Property to eliminate the previously- approved
nightclub, health spa and changeable copy signs and to permit hotel rooms with kitchenettes
(herein referred to and designated as "Conditional Use Permit 2009 - 05403E ");
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 28, 2013, 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
Anaheim Municipal Code, to hear and consider evidence for and against said proposed
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Conditional Use Permit No. 2009- 05403B and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the Planning Commission has reviewed proposed Conditional Use Permit
No. 2009- 05403B and has considered the Mitigated Negative Declaration and the associated
Mitigation Monitoring Program No. 156, which were approved by the Planning Commission
and the City Council in connection with the approval of the Original Entitlements, together with
the Updated and Modified Mitigation Monitoring Program No. 156A in the form presented at
this meeting, and finds and determines that (i) said environmental documentation is adequate to
serve as the appropriate environmental documentation in connection with this request and
satisfies all the requirements of the California Environmental Quality Act (" CEQA" ); (ii) "none
of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the
preparation of a subsequent EIR or negative declaration have occurred" in connection with the
proposed amendment to Conditional Use Permit No. 2009- 05403; and (iii) no further
environmental documentation need be prepared for said amendment.
WHEREAS, pursuant to Section 18.60.170.020 of the Anaheim Municipal Code, before
granting any request to adopt a conditional use permit or, as in this case, an amendment to a
previously- approved conditional use permit, the Planning Commission is required to make, and
hereby makes, the following findings:
1. That the proposed use is properly one for which a conditional use permit is
authorized. Sections 18.116.070 (Uses — Commercial Recreation (C -R) District (Development
Area 1)) and 18.116.160 (Sign Regulations) of Chapter 18.116 (Anaheim Resort Specific Plan
No. 92 -2 (SP 92 -2) Zoning and Development Standards) of the Anaheim Municipal Code require
a conditional use permit for hotel rooms with kitchenettes, murals visible to the public right -of-
way, building integrated multi -tenant signs, and projecting signs.
2. That the proposed use will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located. The subject property
is designated by the General Plan for Commercial Recreation land use and specifically allows the
development of up to 252 rooms and 75,593 square feet of accessory uses on the project site.
The Commercial Recreation designation is intended to provide for tourist and entertainment -
related industries, such as theme parks, hotels, tourist- oriented retail, movie theaters, and other
visitor - serving facilities. The proposed use is consistent with this designation and does not
exceed the maximum density permitted.
3. That the size and shape of the site proposed for the use is adequate to allow the
full development of the proposed use, in a manner not detrimental to either the particular area or
health and safety because the proposed use is less intense than the development permitted by the
General Plan and has been designed to meet all of the development standards of Chapter 18.116
(Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) Zoning and Development Standards) of the
Anaheim Municipal Code, with the exception of the setback and parking requirements, which are
requested to be waived by a proposed amendment to Variance No. 2008 - 04761, now pending. A
parking demand analysis has been prepared that indicates that there will be sufficient parking for
the proposed use and the type and density of landscaping proposed for the interior setback area is
intended to mitigate for reduced setback width.
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4. That 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. A traffic
study was prepared for Conditional Use Permit No. 2009 -00056 and the potential impacts were
evaluated in the previously- approved Mitigated Negative Declaration, which indicated that
project traffic impacts would be less than significant with implementation of the appropriate
mitigation measures. The proposed use is less intense than the use currently permitted by
Conditional Use Permit No. 2009 -00056 or permitted by the General Plan; and, therefore will not
impose an undue traffic burden.
5. That the granting of the conditional use permit under the conditions imposed, if
any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons
hereinabove stated, does hereby approve Conditional Use Permit No. 2009- 05403B, contingent
upon and 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 health, safety and general
welfare of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2009 -
05403B is hereby approved contingent upon and subject to the approval of amendments to
Variance No. 2008 - 004761, Public Convenience and Necessity No. 2009 -00056 and Final Site
Plan No. 2008 - 00004, now pending; and
BE IT FURTHER RESOLVED, that Conditional Use Permit 2009- 05403B is approved
without limitations on the hours of operation or the duration of the use. Amendments,
modifications and revocations of Conditional Use Permit 2009- 05403B may be processed in
accordance with Chapter 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that the Planning Commission 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 condition, 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.
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 was adopted at the Anaheim City Planning
Commission meeting of January 28, 2013 Said resolution is subject to the appeal provisions set
forth in Chapter 18.60 (Zoning Provisions — General) of the Anaheim Municipal Code pertaining
to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
PRO- TEMPORE, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, 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 City
Planning Commission held on January 28, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 28` day of January, 2013.
V �
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "AT?
DEV NO. 201.2 -00141
APN: 137 - 171 -24
137 - 171 -29
137 - 171 -31
W KATELLA AVE
0
J 545'
co
K � N
ca N
Q
2 535'
an
100 Source. Recorded Tract Maps and /or City GIS,
Please note the accuracy is +/_ two to five feet.
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2009-05403
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REVIEW BY
SIGNED
OFF BY
NO.
CONDITIONS OF APPROVAL
MURALS (LIFESTYLE IMAGE DISPLAYS)
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
Final plans for the size and configuration of
Planning
display cases shall be submitted to the
Planning Director or his/her designee for
review and approval.
GENERAL
2
The "lifestyle image displays" shall not
Planning/
include any text whatsoever.
Code Enforcement
3
The business operator shall obtain approval
Planning
from the City Planning Director or his /her
designee prior to changing the images
displayed within the storefront displays.
BUILDING INTEGRATED MULTI- TENANT SIGNS AND
PROJECTING SIGNS
GENERAL
4
Final sign plans shall be submitted to the City
Planning
Planning Director or his /her designee for
review and approval.
GENERAL
5
The subject property shall be developed
Planning
substantially in accordance with plans and
specifications submitted to the City of
Anaheim by the petitioner and which plans
are on file with the Planning Department and
as conditioned herein.
6
The time period to satisfy conditions of
Planning
approval shall be two (2) years, commencing
immediately following the original expiration
date, which was March 31, 2012. Extensions
for further time to complete conditions of
approval may be granted in accordance with
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Section 18.60.170 of the Anaheim Municipal
Code, as the same may be amended from time
to time.
7
That timing for compliance with conditions of
Planning
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.
8
Approval of this application constitutes
Planning
approval of the proposed request only to the
extent that 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.
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