Resolution-PC 2014-058RESOLUTION NO. PC2014 -058
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 1325 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00029)
(701 SOUTH BROOKHURST STREET)
WHEREAS, on September 12, 1972 and subject to certain conditions of approval, the
City Council of the City of Anaheim, by its Resolution No. 72R -398, approved Conditional Use
Permit No. 1325 to permit a 58 -unit motel, restaurant, and cocktail lounge (herein referred to as
the "Original CUP ") on that certain real property located at 701 South Brookhurst Street in the
City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property"); and
WHEREAS, the conditions of approval which were the subject of the Original CUP shall
be referred to herein collectively as the "Previous Conditions of Approval "; and
WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ")
did receive a verified petition to amend the Original CUP to permit the demolition of an existing
pool and storage building in conjunction with an existing 31 -unit motel facility ('Proposed
Project ") pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim
Municipal Code ( "Code "). Said amendment is designated as Conditional Use Permit No.
1325A; and
WHEREAS, the Property is approximately 1.3 acres in size and is developed with a 31
unit motel. The balance of the number of rooms, as well as the restaurant and cocktail lounge
that were permitted under the Original CUP, were never constructed on the property. The
Property is located in the General Commercial (C -G) Zone and is subject to the zoning and
development standards described in Chapter 18.08 (Commercial Zones) of the Code. The Land
Use Element of the Anaheim General Plan designates the Property for Low Medium Density
Residential land uses; and
WHEREAS, on July 14, 2014, the Planning Commission did hold a public hearing at the
Civic Center in the City of Anaheim, notice of said public hearing having been duly given in
accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider
evidence for and against proposed Conditional Use Permit No. 1325A, and 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 (ie. Class 1,
Existing Facilities), which consist of, among other things, the repair, maintenance, or minor
alteration of existing public or private structures, facilities or mechanical equipment, 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;
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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 pertaining to the request for Conditional Use Permit No. 1325A, does find and
determine the following facts:
1. The request to amend the Original CUP to implement the Proposed Project is properly
one for which a conditional use permit is authorized under paragraph .0402 of subsection .040 of
Section 18.08.030 of the Code.
2. The request to amend the Original CUP, under the conditions imposed, will not adversely
affect the surrounding land uses, or the growth and development of the area in which it is
proposed to be located because the existing motel will be compatible with the surrounding
commercial and residential uses in the area.
3. The size and shape of the site for the Proposed Project 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 site can accommodate the parking, traffic flows, and circulation
without creating detrimental effects on adjacent properties.
4. The traffic generated by the Proposed Project will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the site is
already developed with a motel and the site modifications will not increase impacts on the
surrounding area.
5. The granting of Conditional Use Permit No. 1325A under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an
integrated land use that is compatible with the surrounding area.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
CUP.
Conditional Use Permit No. 1325A is hereby approved, thereby amending the Original
2. Effective upon the effective date of this Resolution, the conditions of approval attached
to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised
Conditions of Approval ") amend the Previous Conditions of Approval hereby replace the
Previous Conditions of Approval in their entirety. All references to the conditions of approval
for the Original CUP and this Conditional Use Permit No. 1325A shall be to the Revised
Conditions of Approval attached to this Resolution as Exhibit B , which shall control and govern
the Original CUP, as amended by Conditional Use Permit No. 1325A.
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3. The conditions of approval described in Exhibit B attached hereto and incorporated
herein by this reference, are hereby found to be a necessary prerequisite to the proposed use of
the Property under Conditional Use Permit No. 1325A 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 goosd cause provided (i) equivalent timing is established that satisfies the
original intent and purpose of the condition, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
4. Conditional Use Permit No. 1325A is approved without limitations on the duration of
the use. Amendments, modifications and revocations of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Code.
5. Approval of Conditional Use Permit No. 1325A 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.
6. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 14, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
yimta. ��*
CHAIRMAN, PLANNING C MISSION OF THE
CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION OF THE
CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on July 14, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: DALATI
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 14 day of July, 2014.
SECRETARY, PLANNING COMMISSION OF THE
CITY OF ANAHEIM
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EXHIBIT "A"
DEV2014-00029
ALVAH
W STONYBROOK DR
O
Source: Recorded Tract Maps and /or City GI&
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 1325A
(DEV2014- 00029)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
No required parking area shall be fenced -off or otherwise enclosed for
Planning Department,
outdoor storage uses.
Code Enforcement
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2
The property shall be permanently maintained in an orderly fashion
Planning Department,
through the provision of regular landscaping maintenance and removal of
Code Enforcement
trash or debris.
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3
Any graffiti painted or marked upon the premises or on any adjacent area
Planning Department,
under the control of the licensee shall be removed or painted over within
Code Enforcement
24 hours of being applied.
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4
A maximum of thirty one motel rooms shall be allowed on the property,
Planning Department,
unless approved by the Planning Commission in accordance with
Code Enforcement
Chapter 18.60.190 (Amendment of Permit Approval) of the Zoning
Division
Code.
GENERAL
5
The Applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
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for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
6
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees ") from any and all claims,
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actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages,
fees and /or costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys' fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
7
The property shall be developed substantially in accordance with plans
Planning Department,
and specifications submitted to the City of Anaheim by the applicant and
Planning Services
which plans are on file with the Planning Department and as conditioned
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herein.
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