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Resolution-PC 2002-98~ ~ RESOLUTION NO. PC2002-98 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2002-04506 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1: THE NORTH 85.00 FEET OF THE EAST 240.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE SOUTH 15.00 FEET OF THE EAST 240.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE GlTY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 17, 2002, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. That the petitioner proposes the following waivers to permit a new 150-room, six-story (66-foot high) hotel: (A) Sections 18.79.112.030 - Required improvement of setback areas. and 18.79.112.040 (minimum 5-foot wide fully landscaped setback area required adjacent to interior lot lines; 0 to 5-foot wide landscaped setback area proposed along the south property line) (B) Sections 18.79.112.030 - Fence and wall requirements in interior lot line setback areas. and 18.79.113.030 (maximum 8-foot high wall permitted in minimum 5-foot setback adjacent to interior lot lines; 12-foot, 9-inch high retaining wall proposed along the south property line) (C) Sections 18.06.080 - Minimum number of parking spaces. 18.79.120.030.0301 (123 spaces required; 105 spaces proposed) and 18.79.120.030.0304 ~~,~~L~ (D) Sections 18.79.146.010 ~ and 18.79.146.10 - Hotel Sign Standard Matrix. (maximum two hotel identification wall signs on non-adjacent building elevations permitted; three hotel identification wall signs on ad]acent building elevations [east, west and north] proposed) CR5402DM.doc -1- PC2002-98 ~ • 2. That there is a special circumstance applicable to this property consisting of its narrow width, which does not apply to other identically zoned properties in the vicinity. 3. That waiver (A), required improvement of setback areas, is hereby approved based on the narrow width of the property and that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties within the Hotel Circle Specific Plan because the subject property has a width and street frontage of only 100 feet, which is the narrowest width and frontage in the Hotel Circle Specific Plan zone; and that a 12-foot wide driveway is proposed in the setback area adjacent to the south property line abutting the American Linen Supply property to allow American Linen Supply traffic to be redirected onto the subject property to share a new driveway to Zeyn Street instead of there being separate driveways serving each property; and that the design of the proposed hotel and parking area would be constrained if the American Linen Supply driveway (which is located about five feet from the property line) was not realigned and the proposed hotel driveway was, therefore, relocated more than 10 feet north to comply with the Zoning Code standard requiring a minimum 20-foot separation between driveways on Zeyn Street; and that proposed driveway locations on other properties in the same zone are not constrained by existing adjacent driveways being only five feet from shared property lines; and that the petitioner has submitted a notarized Agreement between the owners of each property (Attachment C to the Staff Report to the Planning Commission dated June 17, 2002) providing for abandonment of the existing American Linen Supply driveway and granting vehicular access across the proposed hotel property. 4. That waiver (B), fence and wall requirements in interior lot line setback areas, is hereby approved based on the narrow width of the property which constrains development, and that strict application of the Zonin9 Code would deprive the property of privileges enjoyed by other properties within the Hotel Circle Specific Plan because the subject property has a width of only 100 feet, which is the narrowest width in the Hotel Circle Specific Plan zone; and that a multi-level parking structure with a 12- foot, 9-inch high retaining wall for the access ramp to two parking levels is needed to accommodate on- site parking and, due to the narrowness of the lot and the required dimensions for the parking structure and access ramps, it is not possible to relocate the 12-foot, 9-inch retaining wall outside the required 5- foot interior setback; and that the portion of the wall which exceeds the 8-foot height allowed by Code in the 5-foot interior setbacks is located along the south property line adjoining the American Linen Supply parking lot, and that landscaping is proposed in planters at the top of the ramp, which landscaping would drape down the side of the wall facing the American Linen Supply property; and that the retaining wall ranges in height from one foot to 12 feet-9 inches, and the portion of the wall which exceeds the maximum height permitted by Code (8 feet high) is approximately 105 feet long (26% of the 400-foot south property iine). 5. That waiver (C}, minimum number of parking spaces, is hereby approved based on the conclusions of the Parking Sfudy for Candleinrood Suits Hofel, prepared by AAE Incorporated and dated April 25, 2002, which indicates that 105 parking spaces will be adequate to meet the hotel parking needs when the occupancy rate is tess than 90% and that during peak use when #he occupancy rate is 90% or higher, a total of 114 parking spaces will be needed and that an additional nine spaces can be provided by valet parking; that the City Traffic and Transportation Manager has reviewed the Parking Study and concurs with the conclusions; and that Condition No. 1 of this resolution requires that the property owner/developer provide valet parking services when the hotel occupancy rate reaches or exceeds 90%. 6. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to the use under the normal and reasonable foreseeable conditions of operation of such use, including during peak use when valet parking services will be provided. 7. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces on the public streets in the immediate vicinity of the proposed use because the parking demand will be accommodated by on-site parking, including valet parking services during peak use; and that on-street parking is not permitted on either Katella Avenue or Zeyn Street, the two public streets adjacent to the property. -2- PC2002-98 ~ • 8. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces on adjacent private property in the immediate vicinity of the proposed use because the parking demand will be accommodated by on-site parking including valet parking services during peak use. 9. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the parking demand will be accommodated by on-site parking including valet parking services during peak use; and that two driveways (one on Anaheim Boulevard and one on Zeyn Street) will serve this hotel complex and provide right-in and right-out access to the property. 10. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties, or upon the public streets in the immediate vicinity of the proposed use because, as indicated by the Parking Study, the parking area has been designed so as not to impede vehicular ingress to or egress from adjacent properties; and that the anticipated on-site traffic will typically peak after the on-street rush hour; and that the two proposed driveways will provide right-in and right-out access to Anaheim Boulevard, and to Zeyn Street for both subject property and the adjoining Anaheim Linen Supply property to the south. 11. That waiver (D), pertaining to the maximum number and location of hotel wall signs specified in the Hotel Sign Standard Matrix for the Hotel Circle Specific Plan, is hereby denied on the basis that strict application of the Zoning Code would not deprive the property of privileges enjoyed by other properties within The Hotel Circle Specific Plan Zone; and that a third wall sign on the north-facing elevation_ is not .n.ecessary for visibility to I-5/Santa Ana Freeway traffic or Anaheim Boulevard traffic_ because the proposed wall sign on the east elevation facing Anaheim Boulevard will be visible to northbound freeway traffic and to southbound traffic exiting the freeway at the off-ramp to Katella Avenue and that the Anaheim Resort monument sign identifying the hotel name will be visible to both northbound and southbound traffic on Anaheim Boulevard; and that all hotel development in the Hotel Circle Specific Plan as well as in the adjacent Anaheim Resort and Disneyland Resort Specific Plans is limited to two wall identification signs on non-adjacent building elevations; and that each Specific Plan Code sets forth abatement dates whereby any remaining legal nonconforming wall signs are required to be replaced by specified dates, and that legal nonconforming signs along Harbor Boulevard and Katella Avenue were replaced within the December 31, 1999 timeframe, and all remaining legal non-conforming wall signs are required to be replaced by December 31, 2002. 12. That the requested variance, as approved, 9s necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 13. That the requested variance, as approved, will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zo~e i~ which the property is located. 14. That one person representing the Peacock Suites (to the south of subject property) spoke with concerns regarding the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposed waivers of required improvement of setback areas, fence and wall requirements in interior lot line setback areas, requirements of the Hotel Sign Standard Matrix, and minimum number of parking spaces to permit a 150-room, six-story (66-foot high) hotel on a 0.92-acre property consisting of finro rectangularly-shaped parcels located north of Katella Avenue between Anaheim Boulevard and Zeyn Street, having frontages of 100 feet on the west side of Anaheim Boulevard and 100 feet on the east side of Zeyn Street, having a maximum depth of 400 feet, being located 580 feet north of the centerline Katel{a Avenue, and further described as 1733 South Anaheim Boulevard (proposed Candlewood Suites}; and does hereby determine that the previously approved Negative Declaration is adequate to serve as the required environmental documentation for the project -3- PC2002-98 ~ ~ upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the previously approved Mitigated Negative Declaration for the Hotel Circle Specific Plan No. 93-1 together with any comments received during the public review process that the proposed projecYs environmental effects are within the parameters, assumption and time frames analyzed in the previously- approved Mitigated Negative Declaration, including Mitigation Monitoring Program No. 0079, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant, in part, subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That granting the parking waiver is contingent upon operation of the approved use in conformance with the assumptions and/or conclusions relating to the operation and intensity of the uses as described in the Parking Study for Cand/ewood Suites Hotel, prepared by AAE Incorporated and dated April 25, 2002, that formed the basis for approval of said waiver. As indicated in the Study, the property owner/developer shall provide a valet parking service for hotel guests when the hotel occupancy rate reaches or exceeds ninety percent (90%). The property owner/developer shall be responsible for all costs associated with providing the valet parking service. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions and/or conclusions contained in the Parking Study shall be deemed a violation of the expressed conditions imposed upon the parking waiver which shall subject this Variance to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 2. That the property owner/developer shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No. 003 specifically created for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 003, which is made a part of these conditions of approval by reference. 3. That the property owner/developer shall comply with Condition Nos. 1, 2, 3, 4, 5, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 39, 41, 44, 50, 53, 66 and 67 as set forth in Ordinance No. 5443 adopted by the City Council on August 16, 1994, in connection with adoption of the Hotei Circle Specific Plan No. 93-1; and that said conditions are incorporated herein by reference as if set forth in their entirety. 4. Tt~at on-going during operation of the hotel, the hote! shal! opera#e in conformance with the ~etter of Operation dated May 23, 2002, submitted by the petitioner (which letter is provided as Attachment 8 to the Staff Report to the Planning Comrnission dated June 17, 2002, and which ietter is incorporated herein by reference as if set forth in its entirety), provided that instead of the weekly maid service described in the Letter of Operation, every occupied guestroom shall be provided with daily maid service. 5. (a) That prior to approval of the first grading plan, or prior to issuance of the first grading permit, or prior to issuance of the first building permit, whichever occurs first, the hotel property owner/developer (Candlewood Suites) shall be responsible for (1) submitting street improvement plans to the Public Works Department for review and approval to eliminate the existing northern driveway on the American Linen Supply property, and (2) ensuring that the abandonment request is filed with the Public Works Department. All street improvement plans shall be prepared to the satisfaction of the Public Works Department, and all costs associated with processing the abandonment request and the street improvement plans shall be the responsibility of the hotel property owner/developer. -4- PC2002-98 ~ • (b) That prior to the first final building and zoning inspection on the subject property, the northern driveway shall be abandoned to the City of Anaheim, and the associated street improvements to eliminate the driveway shall be completed to the satisfaction of the Public Works Department. 6. That prior to the approval of a grading plan, or prior to issuance of a grading permit, or prior to issuance of the first building permit including a foundation-only permit, whichever occurs first, an unsubordinated Agreement (or covenant if determined to be appropriate by the City Attorney's Office) setting forth the information provided in Attachment C to the Staff Report to the Pfanning Commission dated June 17, 2002 (i.e., a notarized Agreement between the owners of each property providing for abandonment of the existing American Linen Supply northern driveway and granting vehicular access across the proposed hotel property) shall be recorded on both the American Linen Supply property and the Candlewood Suites property at the Orange County Recorder's Office in a form satisfactory to the City Attorney's Office. All costs associated with the preparation and recordation of the Agreement (or covenant) shall be the responsibility of the Candlewood Suites property owner/developer. 7. That prior to the approval of a grading plan, or prior to issuance of a grading permit, or prior to issuance of the first building permit including a foundation-only permit, whichever occurs first, a lot line adjustment consolidating the two (2) parcels, which comprise the subject property, into one (1) parcel shall be submitted to the Public Works Department for review and approval by the City Engineer; and that said lot line adjustment shall then be recorded in the Orange County Recorder's Office. -- 8. T-ha~ on-goi~g duri~g-op~r~tion of-the hotel, guestrooms s.hall notbe rented or let for periods of less than finrelve (12) consecutive hours or more than thirty (30) consecutive days. 9. That on-going during operation of the hotel, the hotel operator/manager shall maintain a complete guest registry or guest card system which includes the full name, address, date of birth, and verified driver's license or legal identification and vehicle registration number of all registered guests, date of registration, length of stay, and room rate; and that said guest registry (or guest card system) shall be made available upon demand by any police officer, code enforcement officer, or license inspector of the City of Anaheim. 10. That on-going during operation of the hotel, a statement shall be printed on the face of the guest registration card to be completed by the guest when registering, advising that the register is open to inspection by any police officer, code enforcement officer, or iicense inspector of the City of Anaheim or any other City of Anaheim personnel for law/code/license enforcement purposes. i 1. That on-going during operat9o~ of the hotel, the property owner/developer of the hote! shall cornply with the provisions of Section 2.12.020 of the Anaheim Municipal Code pertaining to the operator's collection of transient occupancy taxes. 12. That on-going during operation of the hotel, all available room rates shall be prominently displayed in a conspicuous place in the o~ce or lobby area of the hotel clearly visible to hotel guests, and that the property owner and/or hotei operator shall comply with the provisions of Section 4.09.010 of the Anaheim Municipal Code pertaining to the posting of room rates. 13. That within thirty (30) days following the effective date of this Variance No. 2002-04506, or prior to the approval of the first grading plan, or prior to issuance of the first grading permit, or prior to issuance of the first building permit, whichever occurs first, the owner of subject property shall submit a letter to the Planning Department requesting termination of Conditional Use Permit No. 3819 (which permitted a temporary safes office building for the Peacock Suites Vacation Ownership Resort). 14. That prior to final building and zoning inspections, subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner -5- PC2002-98 ~ ~ and which plans are on file with the Planning Department marked Exhibit Nos. 1-28, and as conditioned herein. The exhibits are as follows: Exhibit No. 1 Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Exhibit No. 5 Exhibit No. 6 Exhibit No. 7 Exhibit No. 8 Exhibit No. 9 Exhibit No. 10 Exhibit No. 11 Exhibit No. 12 Exhibit No. 13 Exhibit No. 14 Exhibit No. 15 Exhibit No. 16 Exhibit No. 17 Exhibit No. 18 Exhibit No. 19 Exhibit No. 20 Exhibit No. 21 Exhibit No.22 Exhibit No. 23 Exhibit No. 24 Exhibit No. 25 Exhibit No. 26 Exhibit No. 27 Exhibit No. 28 Site Plan Electrical Site Plan Sheet 1 of the Precise Grading Plan Sheet 2 of the Precise Grading Plan Sheet 3 of the Precise Grading Plan Basement Floor Plan 1 st Floor Plan 2nd Floor Plan 3rd/4th Floor Plan 5th Floor Plan Office Floor Plan Exercise Floor Plan Studio Floor Plans (B, C, D, E and F) Studio Floor Plans (G, H, J, K and L) Roof Plan Elevations (South, North, West and East) Elevations (South and North) Building Sections Irrigation Plan Landscaping Plan Irrigation Plan - 2nd Floor ~andscape Plan - 2nd Floor Sign plans Lighting Shade/Shadow Analysis - June 21 Shade/Shadow Analysis - December 21 Colored rendering Color board 15. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and 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 Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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, shaii be deemed nuii and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 17, 2002. J/~' ~ / •- \ • '`~~~ CHAIRPE N, ANAHEIM PLANNING COMMISSION ATTEST: ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) -6- PC2002-98 ~ ~ COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 June 17, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of , 2002. ~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2002-98