Resolution-PC 2017-027RESOLUTION NO. PC2017-027
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2011-05550,
VARIANCE NO. 2012-04914 AND FINAL SITE PLAN NO. 2011-00001
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV201 1 -00011 A)
(1640-1650 SOUTH HARBOR BOULEVARD)
WHEREAS, on October 8, 2012, and subject to certain conditions of approval, the
Anaheim Planning Commission (hereinafter referred to as the "Planning Commission"), by its
Resolution No. PC2012-072, did approve Conditional Use Permit No. 2011-05550, Variance No.
2012-04914 and Final Site Plan No. 2011-00001 to demolish 24 existing motel rooms and
construct 37 new motel rooms to an existing 186 room motel including the addition of
approximately 800 square feet of retail space (the "Original Project") with a variance from
interior setback requirements and fewer parking spaces than required by the Anaheim Municipal
Code (herein referred to as the "Code"), located at 1640-1650 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 Planning Commission did receive a verified petition to approve an
amendment to Conditional Use Permit No. 2011-05550, Variance No. 2012-04914 and Final Site
Plan No. 2011-00001 for a 199 -room hotel, to allow the hotel's restaurant to be open to the
public, with accessory entertainment, a cover charge (the "Project") with fewer parking spaces
than are required by the Code; and
WHEREAS, the Property, consisting of approximately 3.46 -acres, is developed with the
Grand Legacy at the Park Hotel. The Anaheim General Plan designates the Property for
Commercial Recreation land uses. The Property is located within the boundaries of the
Commercial Recreation (C-R) District (Development Area 1) of the Anaheim Resort Specific
Plan area and is subject to the zoning and development standards set forth in Section 18.116.060
(Development Density Areas — Commercial Recreation (C-R) District (Development Area 1))
and Section 18.116.070 (Uses — Commercial Recreation (C-R) District (Development Area 1)) of
Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development
Standards) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 6, 2017 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 said proposed
Conditional Use Permit No. 2011-05550A, Variance No. 2012-04914A and Final Site Plan No.
2011-00001 A and to investigate and make findings and recommendations in connection
therewith; and
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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 Implementation of the California Environmental
Quality Act (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
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 Conditional Use Permit No. 2011-05550A does find
and determine the following:
1. The request to permit and retain an existing restaurant with accessory entertainment
and cover charge is properly one for which a conditional use permit is authorized by Section
18.116.070 (Uses — Commercial Recreation (C-R) District (Development Area 1)) of Chapter
18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2); and
2. The use will not adversely affect the adjoining land uses, or the growth and
development of the area in which it is located because the restaurant is located on the roof of the
existing hotel and no expansion of the existing hotel is proposed; and
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 restaurant is located on the roof of an existing hotel and no
expansion of the existing hotel is proposed.
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 traffic
generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets
and adequate parking will be provided to accommodate the use.
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 as the proposed land
use will continue to be integrated with the surrounding offices in the area and would not pose a
health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the variance
request for fewer parking spaces than required by the Code should be approved for the following
reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(286 spaces required; 195 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to be provided for the proposed use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
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foreseeable conditions of operation of such use because a parking study was prepared by LSA
Associates which determined that the proposed number of parking spaces for the project is
sufficient to accommodate the new restaurant. The parking study indicates that 195 parking
spaces is the peak demand for all uses on the property, based on a parking demand reduction and
shared parking analysis;
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use because the on-site parking will adequately accommodate the parking demands
of the new restaurant and all existing uses on the property and on -street parking is not permitted
on this segment of Harbor Boulevard;
3. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the on-site parking will adequately accommodate the parking demands of
the hotel and surrounding properties developed with hotels and restaurants consistently control
access and parking because of the proximity to the Disneyland Resort;
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the Property and are designed to allow
for adequate on-site circulation; and
5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the hotel
uses.
WHEREAS, the Planning Commission does find and determine that the request for a
Final Site Plan for the Proposed Project should be approved for the following reasons:
1. Subject to compliance with the conditions of approval attached to this Resolution
as Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design
and layout, complies with the Anaheim Resort Specific Plan No. 92-2 and is consistent with the
zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the
Code.
2. 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.
3. 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.
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4. 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.
5. 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2011-05550A, Variance No. 2012-04914A and Final Site
Plan No. 2011-00001A contingent upon and subject to the conditions of approval set forth in
Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of
Approval").
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution,
the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and
hereby replace the Previous Conditions of Approval in their entirety. All references to the
conditions of approval for the Original CUP and Conditional Use Permit No. 2011-05550A,
Variance No. 2012-04914A and Final Site Plan No. 2011-00001 A 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. 2011-05550A, Variance No.
2012-04914A and Final Site Plan No. 2011-00001 A.
BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to
the uses permitted under Conditional Use Permit No. 2011-05550A, Variance No. 2012-04914A
and Final Site Plan No. 2011-00001A 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 that relate to the uses permitted under Conditional Use Permit No. 2011-
05550A, Variance No. 2012-04914A and Final Site Plan No. 2011-00001A 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, (ii) the modification complies with
the Code, and (iii) the applicant has demonstrated significant progress toward establishment of
the use or approved development.
BE IT FURTHER RESOLVED that Conditional Use Permit No. 2011-05550A, Variance
No. 2012-04914A and Final Site Plan No. 2011-00001 A are 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.
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BE IT FURTHER RESOLVED that approval Conditional Use Permit No. 2011-05550A,
Variance No. 2012-04914A and Final Site Plan No. 2011-00001 A constitutes approval of the
proposed request only to the extent that they comply 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.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 6, 2017. 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 City Council
Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
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 March 6, 2017, by the following vote of
the members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2011-OOO11A
APN: 082-211-08
082-211-09
D 600'
J
C13
O N N
ca
a
x
600'
W DISNEY WAY
o so ioo Source: Recorded Tract Maps and/or City GIS.
rase Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2011-05550A
VARIANCE NO. 2012-04914A AND
FINAL SITE PLAN NO. 2011-OOOOIA
(DEV2011-00011A)
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CONDITIONS OF APPROVAL
NO.
(Conditions with an "MM" are Mitigation Measures carried over from the
RESPONSIBLE
DEPARTMENT
hotel expansion, the "Original Project," that continue to be applicable.)
ONGOING DURING PROJECT OPERATION - HOTEL
1
The property owner shall join and financially participate in a clean fuel shuttle
Public Works
program, aka Anaheim Resort Transportation, and shall participate in the Anaheim
Department, Traffic
Transportation Network (ATN)/Transportation Management Association in
and Transportation
conjunction with the on-going operation of the project. The property owner shall also
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record a covenant on the property that requires participation in these programs
ongoing during project operation. The form of the covenant shall be approved by the
City Attorney's Office prior to recordation.
The applicant shall designate an on-site contact that will be responsible for
coordinating with the ATN and implementing all trip mitigation measures. The on-site
coordinator shall be the one point of contact representing the project with the ATN.
2
The property owner/developer shall implement measures to reduce emissions to the
Public Works
extent practical, schedule goods movement for off-peak traffic hours, and use clean
Department, Traffic
fuel for vehicles and other equipment, as practicable. MM III -1
and Transportation
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3
The property owner/developer shall provide for the following: cleaning of all paved
Public Works
areas not maintained by the City of Anaheim on a monthly basis, including, but not
Department,
limited to, private streets and parking lots. The use of water to clean streets, paved
Development
areas, parking lots, and other areas and flushing the debris and sediment down the
Services Division
storm drains shall be prohibited. MM VIII -3
4
The property owner/developer shall provide private security on the premises to
Police Department
maintain adequate security for the entire project subject to review and approval of the
Police Department. The use of security patrols and electronic security devices (i.e.,
video monitors) should be considered to reduce the potential for criminal activity in
the area. MM XIV -10
5
Any Graffiti painted or marked upon the premises or on any adjacent area under the
Police Department
control of the licensee shall be removed or painted over within 24 hours of being
applied.
6
All landscaping for projects located within the Proposed Project shall utilize drought
Planning and
tolerant plant materials within a plant factor of 0.5 or less pursuant to the publication
Building Department,
entitled "Water Use Classification of Landscape Species" by the U.C. Cooperative
Planning Services
Extension, August 2000. MM XVII -1
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7
All new development within the Proposed Project shall include water efficient
Planning and
design features including, but not limited to (as applicable to the type of
Building Department,
development at issue) waterless water heaters, waterless urinals, automatic on and
Planning Services
off water facets, and water efficient appliances. MM XVII -2
Division
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CONDITIONS OF APPROVAL
NO.RESPONSIBLE
"MM"
(Conditions with an are Mitigation Measures carried over from the
DEPARTMENT
hotel expansion, the "Original Project," that continue to be applicable.)
8
The following practices shall be implemented, as feasible, by the property
Public Works, Streets
owner/developer:
and Sanitation
A. Usage of recycled paper products for stationary, letterhead, and packaging.
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B. Recovery of materials such as aluminum and cardboard.
C. Collection of office paper for recycling.
D. Collection of polystyrene (foam) cups for recycling.
E. Collection of glass, plastics, kitchen grease, laser printer toner cartridges,
oil, batteries, and scrap metal for recycling or recovery. MM XVII -13
9
All entrances to parking areas shall be posted with appropriate signs per 22658(a)
Police Department
C.V.C., to assist in removal of vehicles at the property owners/managers request.
10
"No Trespassing 602(k) P.C." posted at the entrances of parking lots/structures and
Police Department
located in other appropriate places. Signs must be at least 2' x F in overall size, with
white background and black 2" lettering.
ONGOING DURING PROJECT OPERA TION — ROOF TOP RESTA URANT
11
The use of valet parking services permits the stacking of vehicles, provided that
Planning and
vehicles do not encroach into required emergency vehicle access routes.
Building Department,
Planning Services
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12
The operator shall offer an incentive to patrons who arrive at the property by taxi or
Planning and
other rideshare service.
Building Department,
Planning Services
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13
The maximum occupancy shall be limited to 252 guests for a period of six months. Six
Planning and
months following approval of this permit, the Police Department and Planning and
Building Department,
Building Department shall review any calls for service and/or Code Enforcement
Planning Services
activity attributed to the rooftop restaurant. If the Police Department and Planning and
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Building Department determine that the business is operating without negative
Police Department
impacts to the surrounding area, the 252 guest limit shall be removed and occupancy
shall be limited to the maximum allowed by the Building and Fire codes.
14
A security plan must be submitted to the Chief of Police or his designee within 30
Police Department
days of this approval.
15
Security measures shall be provided to the satisfaction of the Anaheim Police
Police Department
Department to deter unlawful conduct of employees and patrons, promote the safe and
orderly assembly and movement of persons and vehicles, and to prevent disturbances
to the neighborhood by excessive noise created by patrons entering or leaving the
premises.
16
Any and all security officers provided shall comply with all State and Local
Police Department
ordinances regulating their services, including, without limitation, Chapter 11.5 of
Division 3 of the California Business and Profession Code. (Section 4.16.070
Anaheim Municipal Code)
17
The business shall not be operated in such a way as to be detrimental to the public
Police Department
health, safety or welfare.
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CONDITIONS OF APPROVAL
NO.
(Conditions with an "MM" are Mitigation Measures carried over from the
RESPONSIBLE
DEPARTMENT
hotel expansion, the "Original Project," that continue to be applicable.)
18
Petitioner shall not share any profits, or pay any percentage or commission to a
Police Department
promoter or any other person, based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders, or
the sale of drinks.
19
Managers, owners, and wait staff need to call the Department of Alcoholic Beverage
Police Department
Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program)
Training. The contact number is 714-558-4101.
20
The sale of alcoholic beverages for consumption off the premises shall be prohibited.
Police Department
21
Signs shall be posted by the rooftop elevator doors stating "No alcoholic beverages
Police Department
allowed past this point."
22
Bottle service is not allowed.
Police Department
23
There shall be no requirement to purchase a minimum number of drinks.
Police Department
24
The licensee(s) shall not maintain or construct any type of enclosed room intended for
Police Department
use by patrons or customers for any purpose on the rooftop deck.
25
All patrons are to have their I.D. checked at the door and staff shall not allow
Police Department
obviously intoxicated guests in.
26
All entertainers, employees and patrons shall be clothed in such a way as to not expose
Police Department
"specified anatomical areas" as explained in Anaheim Municipal Code 7.16.060.
GENERAL CONDITIONS
27
The property shall be developed substantially in accordance with plans and
Planning and
specifications submitted to the City of Anaheim by the applicant and which plans are
Building
on file with the Planning Department and as conditioned herein.
Department,
Planning Services
Division
28
The Applicant is responsible for paying all charges related to the processing of this
Planning and
discretionary case application within 30 days of the issuance of the final invoice or
Building
prior to the issuance of building permits for this project, whichever occurs first.
Department,
Failure to pay all charges shall result in delays in the issuance of required permits or
Planning Services
may result in the revocation of the approval of this application.
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29
The Applicant shall defend, indemnify, and hold harmless the City and its officials,
Planning and
officers, employees and agents (collectively referred to individually and collectively
Building
as "Indemnitees") from any and all claims, actions or proceedings brought against
Department,
Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees
Planning Services
concerning this permit or any of the proceedings, acts or determinations taken, done,
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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.
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