Resolution-PC 2008-81RESOLUTION NO. PC2008-81
A RESOLUTION OF THE ANAHEIM PLANNiNG COMMISSION
DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS TH~
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING VARIANCE NO. 2007-04742
(1240 SOUTH WALNUT STREET)
WHEREAS, the ?.nalteim Pla~uiing Commission did receive a verified Petition for a
Variance Yo permit less landscaping adjacent to an interior property line tllan required by code in
com~ection wiYh developmei~l of a new 120-room hotel for certain real property situated in The
Anaheim Resort area of the City of Anaheim, County of Orange, State of California, as more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, Variance No. 2007-04742 is proposed in connection witli Specific Plan
Amendment No. 2007-00051, Final Site Plan No. 2007-00013, and Tentative Parcel Map No. 2006-
195 to amend the Analieim Resort SpeciFc Plan to redesignate the project site hotel density from
Low Density Co Medium DensiCy, to constnict a 120-room hotel ai~d to subdivide an existing parcel
inYo two parcels;
WHEREAS, tlte Anaheim Pla~ming Commission did hold a public iiearing at tlae
Anaheim Civic Center, Council Cliamber, 200 South Anaheim Boulevard, on August 18, 2008, at
2.30 p.m., alotice of said public llearing having been duly give» as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and
consider evidence for and against said proposed projecY actions, including Variance No. 2007-
04742, and to investigate and make fndings and recommendations in connection therewitll; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration oF all evidence aiad reports offered at said
liearing, does find and determine the following facts:
1. That the petitioner reqtiests waiver of Yhe following provisions of the Anahein~
Municipal Code Yo pemiit the construction of a 120-room hotel.
(a) SECTION NO. 18116.090.00 Interior Landscaped Setback
(10 foot fi~llv landscaped setback
required adiacentto an interior praperty
line required; no ]andscape setbaek
~roposed)
2. That the requested waiver for interior landscaped setback is 11ereUy approved since
tllere are specia] circumstances applacable to the property, including size, shape, topography,
location or surrotimdings, which do noC apply to other properfy under identical zoning classification
in tlie vicinity on the basis that a reciprocal access easement is needed between Parcel No. 1 aiad
Farcel No. 2 in order to allow for accessibiliYy ofvehicles and pedestrian access between the two
hotel properties. Moreover, strict application of the Zoning Code deprives the property of
privileges enjoyed by other property ~mder identical zoning classification in the vicinity since other
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landscaped setbaclc waivers have been granted for other commercially-zoned properties in the City
in connection witli Che pravision of reciprocal access easements to allow veUicular access between
adjacent properties.
3. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received expressing concerns with the subject petition. :
WHEREAS, the Anal~eim Planning Commission 13as reviewed tl~e proposal and does
hereby find that tl~e Mitigated Negat~ive Daclaration and tl~e associated Mitigation Monitoring
Program No. 000003 is adequaYe to serve as Uie required envirorunental documentation in
connection with this request upon finding Cl~at d~e declaration reflects the independent judgment of
Clie lead agency and tliaC if has considered Yhe Mitigated Negative Declaration Yogether witli a~iy
comments received during the public review process and furflier finding on tl~e basis of the initial
shidy and any conunents received that there is no suUstantial evidence that tl~e project will have a
significant effect on tlie eirvironment.
NOW, THEREFORE, BE IT RESOLVED, that the Anaheim Plaruiing Commission
for the reasons l~ereinabove sCated does hereby approve subject PeCition for Varia~~ce siibject to tl~e
conditions of approval described in ExhibiY "B" attacl~ed hereto and incorporated by this reference,
wl~ich are hereby foimd to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the health, safety and general welfare of tlie Citizens of tlie City of Analieim.
BE IT FURTHER RE30LVED that the Anaheim Planning Commission does hereby
6nd and deterniine tUat adopYion of this Resolt~tion is expressly predicated upon applicant's
con~pliance witl~ each and all of Yhe conditions hereinabove set Porth. Sliould any sLich epndiYion, or
any part thereof, be declared invalid or unenforceable by the final judgment of any court of
competenCjurisdiction, tl~en this ResoluCion, and any approvals herein contained, sl~all be deemed
null and void.
BE IT FURTHER RESOLVED that the applicant is responsible For paying all
cl~arges related Co Yhe processing of tl~is discretionary case application within 15 days of tl~e
issua~3ce of Clie final uivoice or prior to Yhe issuance of building permits for Chis project, whicl~ever
occui~s first. Failure to pay all charges shall result in delays in the issuance of required pennits or
the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Plaiming Commission
naeeting of August 18, 2008. Said resolution is subject to the appeal provisions set forth in Cbapter
18.6Q "Zoning Provisions - General° of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City CoLmcil Resoltition in tl~e evenY oF an appeal.
7
CHAIItMA , AN PL NNiNG COMMISSION
ATTEST:
SENIOR SE~ETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Mediila, Senior SecreCary of tl~e Anaheim Plauning Co3nmission, do hereby
cartify tliat tl~e foregoing resoluCion was passed and adopted at a meeting of fhe Anaheim Planning
Commission lield on August 18, 2008, by the following vote of the members thereof:
AY~S: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, I{ARAKI, RAMIREZ,
ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I haue hereunto set my hand this [i~ ~day of
August, 2008.
SENIOR SECR~TARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
VARIANCE NO. 2007-04742
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EXHIBIT "B"
VARIANCE NO. 2007-04742
Responsible
f~or
No. Conditions of Approval Monitoring
GENERAL
That the subject property shall be developed substantially in accordance with the plans
1 ai3d specificaCions submitted to tl~e Cdty of Anaheim by the applicant and which plans p~anning
are on file wikh the Planning Departinent Exliibit Nos. 1 through 21 and as
conditioned herein.
That this Varianee is granted subject Co approva] of and finalization of Specific Plan
2 Amendment No. 2007-00051, Final Site Plan No. 2007-00013 and TenYative Parcel Planning
~ Map No. 2006-195
Tl~at approval of tliis application constiYutes approval of the proposed request only to
the extenY that it cotnplies with tlie Anal~eim MLUiicipal Zoning Code and any other
3 applicable City, State aud Federal regularions. Approval does noY ii3clude any acCion Planning
or Gndings as to coanpliance or appi~oval of tl~e request regarding any other applicable
ordina»ce, regulation or requiremenY.
, Tliat extensions for fiirtlier time to conaplete conditions of approval may be granted in Planning
~ lecordai~ce wit3~ Sectio~3 18.60.170 of Yhe Analteim Mua~icipal Code.
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