Resolution-PC 2006-16~ ~
RESOLUTION NO. PC2006-16
A RESOWTION OF THE ANAMEIM PLANNING GOMMISSION
THAT PETITION FOR VARIANCE NO. 2005-04677 BE GRANTED, IN PART
(1855 SOUTM HARBOR BOULEVARD)
WHEREAS, the Anaheim City Pianning 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:
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA,' CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED W BOOK 51 PAGE10 OF MISCELLANEOUS
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE NORTH 458 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE WEST 4.00 FEET OF THAT PORTION THEREOF
LYING NORTHERLY OF THE NORTH LINE OF THE SOUTH 10'ACRES OF SAID EAST
HALF.
ALSO EXCEPTING THEREFROM THE EASTERLY 60 FEET 7HEREOF , LYING W ITHIN
TME RIGHT OF WAY OF HARBOR BOULEVARD.
A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF `
SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE QF
CALIFORNIA, AS PER MAY RECORDER IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING R
STRIP OF LAND 32.00 FEET WIDE ANp LYING 16.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CONVENTION WAY
WITH THE CENTERLINE OF CONVENTION CENTER EAST ROAD (A PRIVATE STREET)
AS SHOWN ON THE MAP FILED 4N BOOK 30, PAGE 41 OF PARCEL MAPS, W THE
OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID CENTERLINE OF
CONVENTION CENTER EAST ROAD THE FOLLOWING COURSES:
NORTH 1° 12 ` 53" WEST, 857.71 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE WEST AND HAVING A RADIUS OF 200.00 FEET; THENCE NORTMERLY 68.15 FEE7
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 31' 26" TO THE
BEGINNING OF A REVERSE CURVE CONCAVE T THE EAST AND HAVING A RADIUS
OF 200.00 FEET; THENCE NORTHERLY 68.15 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 19° 31' 26"; THENCE NORTH 1° 12' 53" WEST 325.99 FEET TO
THE CENTERLINE OF KATELLAAVENUE AS SHOWN ON SAID LAST MEN710NED MAP.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN KATELLA AVENUE
AND CONVENTION WAY AS DESCRIBED ABOVE.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL NO. 1 ABOVE.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 6, 2006, at 2:30 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
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18.60, to hear and consider evidence for and against said proposed variance and to invest+gate 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 #ollowing facts:
1. That the applicant requests the following waivers to construct an 8,000 square-foot
restaurant at an existing hoteL•
(a) SECTION NO. 18.42.040.010 Minimum number of parking sp,aces (706
required; 581 proposed and recommended by
the City's; independent parking and traffic
consultant)
(b) SECTION NO. 18.116.130.060.0604 Maximum number of monument siqns per street
frontaae
_ (2 permitted; 3 proposed)
(c} SECT{ON NO. 18.116.130.060.0601.04 Maximum number of wall siqns
(2 permitted; 3 proposed)
(d) SECTION NO. 18.116.130.060.0601.04 Maximum letter height for wall siqnaqe
(DELETED)
2. That the above-mentioned waiver (a) pertaining to the minimum number of parking
spaces is hereby granted based on the parking analysis prepared by the City's independent traffic
engineer who has determined that the proposed parking referenced in the study would be sufficient for
the proposed use on the property based on the following findings:
(a) That the waiver, under the conditions imposed, will not cause fewer ofF-street parking'
spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonable
foreseeable conditions of operation of such use. The site will accommodate the
forecasted parking based on the results of this study, and have a surplus of 45 parking
spaces. The site will have a parking demand far less than the code-required parking'
for the individual land uses, due to the close proximity of the Convention Center and
Disneyland Resort, as wel! as the availability of low-cost transif (ART) serving the
Anaheim Resort hotels.
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(b) That the waiver, 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 there are no curbside parking spaces available along the
project frontage, on Harbor Boulevard, Convention Way or Hotel Way, except for
busses and taxis.
(c} That the waiver will not increase the demand for parking spaces upon adjacent private
property in the immediate vicinity of the proposed use because the off-street parking
area is providing sufficient parking to accommodate the forecasted parking demand.
There are three gated access points into the self-parking areas. An un-manned
system will collect parking fees. The Morton's Steakhouse will provide valet parking. '
The drive aisles through this site are sufficient to accommodate the site's anticipated
traffic, and no congestion will occur.
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(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use because the
forecasted parking'will be provided within the site's proposed parking lot. Additionai
parking is available at the Convention Center, should this site have special events
whereby the available parking is exceeded. All adjacenfi hotels have parking lots
where vehicles could be parked for a fee.
(e) That the waiver, under the conditions imposed, 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 sitewill not,impact the ingress or egress from any adjacent
uses to the public streets. The existing access points are to remain, and no changes,
other than the widening of the driveway at Convention Way, or additional driveways
are contemplated.
3. That waiver (b) pertaining to maximum number of monument signs per street frontage is
hereby approved based on the finding that there are special circumstances affecting the property which
do not apply to other identically zoned properties in the vicinity in that the site is impacted by the
Convention Center monument sign proposed at the northwest corner of Harbor Boulevard and
Convention Way; and further impacted by the reconfiguration of tfie driveway along Convention Way (to
provide an enhanced landscaped median within the driveway). The configuration:of the proposed
restaurant building also limits the area along Convention Way where a monument sign could be placed,
therefore, the strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity.
4. That waiver (c) pertaining to maximum number of wall signs is hereby approved based on
the special circumstances relating to the orientation of the building which do not apply to other identically
zoned properties in the vicinity. Due to the orientation of the front entrance of the building towards the '
interior parking lot and hotel, one additional sign which has limited visibility to Harbor Boulevard, is
required to identify the entrance to the facility. Based on the unique orientation of the building on the site,
strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under
identical zoning classification in the vicinity.
5. That waiver (d) pertaining to maximum letter height of wall signage is hereby denied
because it has been deleted.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposed restaurant and does hereby determine that the project's
environmental effects are within the parameters, assumptions and time frames analyzed in the
previously-certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan.
Mitigation Monitoring Plan No. 72 has been prepared to identify mitigation measures applicable to this
project. Furthermore, based upon a review of the requested waivers and the supporting documentation,
determines that said waivers will not result in any new significant environmental impacts, therefore the
Planning Commission hereby approves the Negative Declaration upon a finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the Negative Declaration
together with any comments received during the public review process and further 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 Planning Commission does
hereby grant 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 health and
safety of the Citizens of the City of Anaheim:
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1. That the property owner/developer' shall be responsi6le for compliance with all of the mitigation
measures set forth in Mitigation Monitoring Plan No. 072 for this project which incorporates those ,
mitigation measures included in theAnaheim Resort Mitigation Monitoring ProgramNo. 0085 that
are applicable to the 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 thosemitigation '
measures identified in Mitigation Monitoring Plan No. 072, which is made a part of these
conditions of approva( by reference.
2. That a coordinated information signage program including informational and directional signage
be provided near the gated entries to the parking areas, to inform motorists regarding validation
procedures. Said information shall be specifically shown on plans submitted for building permits.
3. That prior to final building and zoning inspections, a ficensed landscape architect shall provide a
letter to the Planning Department certifying that all landscaping and irrigation systems have been
installed in accordance with approved landscaping plans.
4. ' That any tree planted within the Setback Realm shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
5. That a licensed arbor+st shall be responsible for all tree trimming.
6. That a decorative sidewalk from Harbor Boulevard to the restaurant site in a location approved by
the Planning Services Division of the Planning Department, and an enhanced walkway across the
parking area for pedestrian access from Convention Way leading to the entrance, shall be
provided on plans submitted for building permits.
7. That the location, configuration and type of all lighting fixtures including ground-mounted lighting
fixtures utilized to accent buildings, landscape elements, or to iiluminate pedestrian areas, shail
be shown on the plans submitted for building permits.
8. That address numbers shall be positioned so as to be readily readable from the street. Numbers
shall be illuminated during hours of darkness. Said information shall be specifically shown on
plans submitted for building permits.
9. That rooftop address numbers for the police helicopter shall be provided a minimum size of four
(4) feet in height and two (2) feet in width. Numbers should be painted in a contrasting color to
the roofing material and shall not be visible from surrounding streets. Said information shall be
specifically shown on plans submitted for building permits.
10. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a
vau{t shall be brought up to current standards. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside of the street setback areas in a manner fully screened from all public streets and alleys.
Said information shall be shown on plans and appraved by Water Engineering, Cross Connection
Control Inspector and Planning Services before submittal for building permits.
11. That since this project has a common landscaping area exceeding 2,500 square feet, a separate
irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter
10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for
building permits.
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12. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines; shaU be coordinated #hrough Water
Engineering Division of the Anaheim Public Utilities Depa~tment.
13. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications: Any water service and/or fire line that does not meet current standards shaU be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed.
The owner/developer shall beresponsible for the costs to upgrade or to abandon anywater service
or fire line.
94. That water improvement plans shall be submitted to the Water Engineering Divis+on for approval
' and a performance bond shall be posted in the amount approved by the City Engineer and City
Attorney, with the City of Anaheim.
15. That prior to the issuance of grading permit; the applicant shall submit #o the Public Works
Department Development Services Division for review and approval a Water Quality Management
Plan that:
'• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced :or
"zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the
7reatment Control BMPs, and
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
16. That prior to issuance of certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for aA structura{
BMPs.
17. That plans shall be submitted to the Planning Services Division for his review and approval
showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
18. That trash storage areas shall be as indicated in the approved exhibits and in accordance with
approved plans on file with the Streets and Sanitation Division. Such information shall be
specifically shown on the plans submitted for building permits.
19. That the property owner shall submit a letter to the Planning Services Division of the Planning
Department requesting termination of Conditional Use Permit No. 3965 (to retain a car renta!
agency with on-site storage and/or parking of rental cars as an accessory use to, and in
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conjunction with, an existing hotel with waiver of minimum number ofiparking spaces 1,112
required; 766 existing) since this use i§ no longer in operation.
20.` That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement (dimensions will vary with electrical design) along/across high voltage lines; low
voltage lines crossing private property and around all pad mounted transformers, switches
capacitors, etc. Said easement shall be submitted to the Gity of Anaheim priorto connection of
electrical service. :
21. That the property owner/developer shall comply with Condition Nos. 1, 2, 6, 7, 8, 10, 12, 13, 14,
15, 16, 18, 19, 21, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37,'38, 39,-40 and 41 as set forth
in Ordinance No. 5454 adopted bythe City Council on September 27, 1994 in connection with the
adoption of the Anaheim Resort Specific Plan No: 92-2; said conditions being incorporated herein
by reference as if set forth in their entirety.
22. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with :
the Planning Department marked Exhibit Nos. 1 through 10; and as conditioned herein.
23. 7hat prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution; whichever occurs first, Condition Nos. 2, 6, 7, 8, 9, 10, 11, 14, 17, 18, 19 and 26, '
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
24. That prior to issuance of a grading permit Condition No. 15 above-mentioned, shall be complied
with. Extension for further time to complete said conditions may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code.
25. 7hat prior to final building and zoning inspections, Condition Nos. 3, 12, 13, 16 and 23 above-
mentioned, shall be complied with.
26. That prior to issuance of a building permit, landscape plans shall be submitted to the Planning
Services Division for review and approval for the provision of vines and/or additonal landscape
treatment along the west building wall. Any decision by staff may be appealed to the Planning
Commission as a"Report and Recommendation" item.
27. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal 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.
BE IT FURTHER RESOLVED that the Anaheim 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 ~nal judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, sha11 be deemed null and void.
BE IT FURTHER RESpLVED that 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay
all charges shall result in delays in the issuance of required permits or the revocation of the approval of
this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 6, 2006: Said resolution is subject to the appeal provisions set forth in Chapter 18.60, `Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeaL
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`C MA , A HEIMPLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on February 6, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT:'COMMISSIONERS: KARAKI, PEREZ, VELASQUEZ
IN WITNESS WHEREOF, 1 have hereunto set my hand this il-y T~ day of
~e, ~o~Y ar , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION