Resolution-PC 2013-018RESOLUTION NO. PC2013 -018
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2012-05627,
VARIANCE NO. 2012-04907
AND FINAL SITE PLAN NO. 2012 -00005
AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00089)
(1630 SOUTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012-
05627, Final Site Plan No. 2012 -00005 and Variance No. 2012 -04907 to construct a third story
addition to an existing hotel to accommodate a breakfast room and fitness facility (the "Project')
with a variance from interior and street setback requirements from the Anaheim Municipal Code
(herein referred to as the "Code ") for certain real property located at 1630 South Harbor
Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly
described on Exhibit A, attached hereto and incorporated herein by this reference (the
"Property "); and
WHEREAS, the Property, consisting of approximately 1.17- acres, is developed with the
Anaheim Inn Hotel. The Property is located in the SP92 -2 Anaheim Resort Specific Plan Zone.
The Anaheim General Plan designates the Property for Commercial Recreation land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 11, 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
Code, to hear and consider evidence for and against said proposed conditional use permit to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines 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.
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 with respect to the request to permit the Project on the Property does find and
determine the following facts:
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1. The proposed use is properly one for which a conditional use permit is authorized by
the Anaheim Resort Specific Plan (SP92 -2), subject to the approval of Variance No. 2012 -04907
and the conditions of approval.
2. 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 because the expansion of the
existing hotel will not create any additional impacts to the surrounding properties.
3. 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 expansion incremental and is similar to the existing building
footprint.
4. 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 because the breakfast
and fitness rooms will only serve the existing guests of the hotel and will not be open to the
public and therefore will not generate any additional traffic.
5_ 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 because the project is
an expansion of an existing hotel and will not create any additional impacts to the surrounding
properties.
6. That the request to construct the Project complies with the Anaheim Resort Specific
Plan (SP92 -2), subject to the approval of Variance No. 2012 -04907 and the conditions of
approval.
7. The design and layout of the proposed Project will not interfere with the use and
enjoyment of neighboring existing or future developments, and will not create traffic or
pedestrian hazards.
8. The architectural design of the proposed Project is compatible with the character of
the surrounding hotels and development located within the land area of the Anaheim Resort
Specific Plan.
9. The design of the proposed Project will provide a desirable environment for its
occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture
and color, and will remain aesthetically appealing and be appropriately maintained.
10. The proposed Project will not be detrimental to the public health, safety or welfare, or
materially injurious to the properties or improvements in the vicinity of the proposed Project.
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WHEREAS, the Planning Commission does further find and determine that the variance
request from setback requirements should be approved for the following reasons:
(a) SECTION NO. 18.116.090.020 AND 18.116.090.040 Minimum building setbacks
(10 feet required; 0 -5 feet
proposed)
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the proposed Project that result in limited and inefficient use of
the Property if it were developed in conformance with development standards. The Property is
narrow and rectangular in shape with a lot width that is significantly less than the Code required
width.
2. That, because of these special circumstances, strict application of the Zoning Code
deprives the Property of privileges enjoyed by other property under the identical zoning
classification in the vicinity as there are many hotels in the vicinity that are developed with
buildings located in the interior and street setback area.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim as follows:
1. The Planning Commission does hereby approve Conditional Use Permit No. 2012-
05627, Variance No. 2012 -04907 and Final Site Plan No. 2012 -00005 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
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 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 conditions,
(ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
2. 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 Code.
3. The 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.
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4. Approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Zoning Code of the City of Anaheim 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.
5. 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. Failure to pay
all charges shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 11, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60
of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal.
M yyuc Gram
CHAIR, ANAHEIM CITY Pl- dNG COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 February 11, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 11` day of February, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012-00089
APN: 082 - 211 -10
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GC 5913
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� 596'
a
W DISNEY WAY
O =" Source: Recorded Tract Maps and /or City G.
, Please note the accuracy Is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2012-05627
VARIANCE NO. 2012-04907 AND
FINAL SITE PLAN NO. 2012-00005
(DEV2012- 00089)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED OFF
BY
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
The property owner /developer shall submit street improvement
Public Works
plans for landscape and irrigation to the Public Works Department,
Department,
Development Services Division and a bond shall be posted to
Development
guarantee the construction of all public works improvements. The
Services Division
landscape and irrigation improvement plans shall be prepared in
accordance with the Anaheim Resort Specific Plan for Harbor
Blvd, and Public Works Landscape and Irrigation Manual for
Public Street and Highway. The improvements shall be
constructed prior to final building and zoning inspections.
2
The property owner shall irrevocably offer to dedicate to the City
Public Works
of Anaheim an easement 72- feet in width from the centerline of
Department,
Harbor Blvd for road, public utilities, and other public purposes for
Development
landscape and irrigation improvements as required per the
Services Division
Anaheim Resort Specific Plan.
3
The legal property owner shall submit an application for a
Public Works
Subdivision Map Act Certificate of Compliance to the Public
Department,
Works Department, Development Services Division. A Certificate
Development
of Compliance or Conditional Certificate of Compliance shall be
Services Division
reviewed by the City Surveyor and, upon approval, recorded in the
Office of the Orange County Recorder prior to issuance of a
building permit.
4
That the developer /owner shall submit to the Water Engineering
Public Utilities,
Public Utilities Department an estimate of the maximum fire flow
Water
rate and maximum day and peak hour water demands for the
Engineering
project. This information will be used to determine the adequacy of
Division
the existing water system to provide the estimated water demands.
Any off -site water system improvements required to serve the
project shall be done in accordance with Rule No. 15A.6 of the
Water Utility Rates, Rules, and Regulations.
5
The applicant/property owner shall contact Water Engineering for
Public Utilities,
recycled water system requirements and specific water
Water
conservation measures to be incorporated into the building and
Engineering
landscape construction plans.
Division
ONGOING DURING CONSTRUCTION
6
All entrances to parking areas shall be posted with appropriate
Police
signs per 22658(a) C.V.C., to assist in removal of vehicles at the
Department
property owners /managers request.
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7
"No Trespassing 602(k) P.C." posted at the entrances of parking
Police
lots /structures and located in other appropriate places. Signs must
Department
be at least 2' x 1' in overall size, with white background and black
2" lettering.
8
Rooftop address numbers for the police helicopter. Minimum size
Police
4' in height and 2' in width. The lines of the numbers are to be a
Department
minimum of 6" thick. Numbers shall be spaced 12" to 18" apart.
Numbers shall be painted or constructed in a contrasting color to
the roofing material. Numbers shall face the street to which the
structure is addressed. Numbers are not to be visible from ground
level.
9
Complete a Burglary /Robbery Alarm Permit application, Form
Police
APD 516, and return it to the Police Department prior to initial
Department
alarm activation. This form is available at the Police Department
front counter, or it can be downloaded from the following web site:
http://www.anaheim.net/article.asp?id=678
10
No signs advertising the breakfast or fitness facilities shall be
Planning
permitted that are visible from the public right -of -way.
Department,
Planning Services
11
The subject Property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the City of
Department,
Anaheim by the petitioner and which plans are on file with the
Planning Services
Planning Department, and as conditioned herein.
12
Extensions for further Lime to complete conditions of approval may
Planning
be granted in accordance with Section 18.60.170 of the Anaheim
Department,
Municipal Code.
Planning Services
13
That timing for compliance with conditions of approval may be
Planning
Department,
amended by the Planning Director upon a showing of good cause
Planning Services
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.
14
Approval of this application constitutes approval of the proposed
Planning
request only to the extent that complies with the Anaheim
Department,
Planning Services
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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