Resolution-PC 2016-046RESOLUTION NO. PC2016-046
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY
COUNCIL APPROVE DEVELOPMENT AGREEMENT NO. 2016-
00002 BY AND BETWEEN THE CITY OF ANAHEIM AND FJS,
INC, A TEXAS CORPORATION, AND MAKING FINDINGS IN
CONNECTION THEREWITH
(DEV2015-00132)
(1030 WEST KATELLA AVENUE)
WHEREAS, pursuant to the authority set forth in Section 65867 of the California
Government Code and the general authority set forth in Section 65864 et seq. of the Government
Code (the "Development Agreement Act"), the City's inherent power as a charter city, and the
Development Agreement Act implementing procedures adopted by the City Council of the City
of Anaheim ("City Council") in Resolution No. 82R-565 (the "Procedures Resolution"), the City
of Anaheim (the "City") received a verified petition from FJS, Inc., a Texas corporation, doing
business as the Anabella Hotel (the "Developer"), requesting that the City consider and approve a
Development Agreement in the form of Development Agreement No. 2016-00002 and in
conjunction with the Developer's application for the following additional entitlements, which,
together with Development Agreement No. 2016-00002, are intended to permit the demolition of
the existing buildings on that certain real property generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference (the "Property"), and the development of
an eight -story AAA Four Diamond Hotel containing up to 634 hotel rooms, up to 42,000 square
feet of meeting space, up to 31,179 square feet of retail and restaurant space, and a seven -level
parking structure, of which the ground floor would be dedicated to back -of -house uses for the
Anaheim Convention Center, and a zero -foot wide interior setback along the east property line
(herein referred to collectively as the "Proposed Project"):
1. Conditional Use Permit No. 2016-05859; and
2. Final Site Plan No. 2016-00002.
WHEREAS, the Property consists of (a) that certain 6.44 -acre (approximate) parcel of
land located at 1030 West Katella Avenue in the City of Anaheim, County of Orange, State of
California, and (b) that certain 1.67 -acre (approximate) triangular parcel of land currently owned
by the City and proposed for sale to the Developer for development of the Proposed Project; and
WHEREAS, Development Agreement No. 2016-00002, Conditional Use Permit No.
2016-05859, and Final Site Plan No. 2016-00002 shall be referred to herein collectively as the
"Proposed Entitlements"; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation -of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
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WHEREAS, in connection with the Proposed Entitlements, an Addendum to Final
Supplemental Environmental Impact Report No. 2008-00340 ("SEIR No. 340"), dated June 2016
("Addendum"), a copy of which is on file in the Planning Department and incorporated herein by
this reference as though fully set forth, has been prepared in order to determine whether any
significant environmental impacts which were not identified in the previously -approved SEIR
No. 340 would result or whether previously identified significant impacts would be substantially
more severe. SEIR No. 340 and the Addendum, together with Mitigation Monitoring Program
85C approved in conjunction with SEIR No. 340, and Mitigation Monitoring Plan No. 332 for
the Proposed Project collectively constitute the environmental documentation under and pursuant
to the California Environmental Quality Act of 1970, as amended ("CEQA"), the State of
California Guidelines for Implementation of the California Environmental Quality Act (herein
referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual relating to
the Proposed Entitlements and the Proposed Project and shall be referred to herein collectively as
the "CEQA Documents"; and
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission") did hold a public hearing at the Civic Center in the City of
Anaheim on June 13, 2016 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 (Procedures) of the
Code, to hear and consider evidence for and against the Proposed Project, including, specifically,
the Addendum and the other CEQA Documents, and the Proposed Entitlements, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and
the City's Local CEQA Procedure Manual, this Planning Commission approved and
recommended that the City Council of the City of Anaheim approve and adopt the Addendum
and the MMP for the Proposed Project; and
WHEREAS, this Planning Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of and based upon all of the testimony,
evidence and reports offered at said hearing, does find and determine that the proposed
Development Agreement No. 2016-00002, in the form presented at this meeting, meets all of the
standards and requirements set forth in the Procedures Resolution, that is:
1. The proposed Development Agreement is consistent with the General Plan and
with the goals, policies, programs and objectives specified in the General Plan;
2. The proposed Development Agreement is compatible with the uses authorized
in, and the regulations prescribed for, the applicable zoning district(s) in which the
Proposed Project is and will be located;
3. The proposed Development Agreement is compatible with the orderly
development of property in the surrounding area;
4. The proposed Development Agreement is not otherwise detrimental to the health
and safety of the citizens of the City of Anaheim; and
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5. The proposed Development Agreement constitutes a lawful, present exercise of
the City's police power and authority under, is entered into pursuant to, and is in
compliance with the City's charter powers, the requirements of the Development
Agreement Act and the Procedures Resolution.
WHEREAS, this 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 presentation, 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. This 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 that, based upon the aforesaid findings and
determinations and based upon a thorough review of proposed Development Agreement No.
2016-00002, the Addendum, the other CEQA Documents, and the evidence received to date,
does hereby approve and recommends that the City Council approve Development Agreement
No. 2016-00002, in the form presented at this meeting, contingent upon and subject to the
approval of (1) the other Proposed Entitlements, specifically, Conditional Use Permit No. 2016-
05859, including a zero -foot wide interior setback adjacent to the east property line, and Final
Site Plan No. 2016-00002, now pending; and (2) the mitigation measures set forth in Mitigation
Monitoring Program 85C approved in conjunction with SE1R No. 340 and Mitigation
Monitoring Plan No. 332 for the Proposed Project.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 13, 2016.
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
CN a szealpa_�-_,-
CHAIR,
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 June 13, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: DALATI
IN WITNESS WHEREOF, I have hereunto set my hand this 13`h day of June, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00132
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