Resolution-PC 2009-039RESOLUTION NO. PC2009-039
A RESO~UTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING VARIANCE NO. 2008-04761
(1820 50UTH HARBOR BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for a Variance from the minimum number of pazking spaces and minimum interior
setbacks for certain real property situated in the City of Anaheim, County of Orange, State of
Califomia, shown on Exhibit A, attached hereto and incorporated herein by this reference.
WHEREAS, the applicant requests approva] of a variance to construct a nine-
story, 252-room hotel with 75,593 squaze feet of supporting retail, spa, nightclub, lounges,
restaurants, conference/meeting rooms and hotel offices with less parking and smaller interior
setbacks than required by code; and
WHEREAS, Variance No. 2008-00055 is proposed in conjunction with General
Plan Amendment No. 2008-00470, Amendment No. 13 to the Anaheim Resort Specific Plan
(SPN2008-00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program
(Miscellaneous Case No. 2009-00297), Conditional Use Permit No. 2009-05403, Public
Convenience or Necessity No. 2009-00056, and Final Site Plan No. 2008-00004; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on March 2, at 2:30 p.m., nofice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed
variance and to invesrigate and make findings and recommendations in connection therewith;
and
WHEREAS, the Anaheim City Planning Commission, after due inspection,
investigation and study made by itself and in its behalf, and a$er due consideration of all
evidence and reports offered at said hearing, does find and determine the following facts:
1. The petitioner requests a variance from the following to construct a nine-story,
252-room hote] with 75,593 squaze feet of supporting retail, spa, nightclub, lounges, restaurants,
conference/meeting rooms and hotel offices:
(a) SECTIONN0.18.42.040A10
Minimum number of pazkine spaces.
(712 spaces required; 527 spaces
proposed).
(b) SECTION NO. 18.116.090.040
Minimum interior setback
(10 feet required; 5 feet proposed)
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2. The variance pertaining to the minimum number of pazking spaces, is hereby
approved based upon a pazking study prepared by Linscott, Law and Greenspan and dated,
January 14, 2009, which determined that a minimum of 463 spaces should be provided for the
project based on a shared pazking analysis.
3. The variance, under the conditions imposed, will not cause fewer off-street
pazking 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 foreseeable
condirions of operation of such use because the site will accommodate the forecasted pazking
based on the results of the pazking study and have a surplus of 64 pazking spaces. The site will
have a parking demand far less than code required pazking for the individual land uses, due to the
proximity of the Convention Center and Disneyland Resort, as well as the availability of low-
cost transit serving Anaheim hotels.
4. The variance, under the conditions imposed, will not increase the demand and
competition for pazking spaces upon the public streets in the immediate vicinity of the proposed
use because the projected demand will be far less than code requirements and there are no
curbside pazking spaces available along the project frontage on Harbor Bouleuard or Katella
Avenue, except for buses and tasis.
5. The variance, under the condirions 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 pazking for this site is sufficient for the proposed use and susounding
properties have parking lots that aze distinctly sepazate from this facility.
6. The variance, under the condirions imposed, will not increase traffic congestion
within the off-street parking azeas or lots provided for such use since the off-street parking azea
will provide sufficient parking to accommodate the projected parking demand and the drive
aisles through the site are sufficient to accommodate the site's anricipated traffic; and
7. The variance, 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 since the proposed driveways are in generally the same locarion as the existing
access driveways such that no significant access changes are contemplated.
8. The variance pertaining to the minimum required interior setbacks is hereby
approved because the proposed plant material will screen most levels of the parking garage and
will soften the appearance of the sh-ucture. The size and number oftrees complies with the
required tree density, based on the required setback of ten feet. Further, there are no sensitive
land uses adjacent to the azeas where the setback variance is being requested.
9. The strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity due to a
dedication of nine feet along Hazbor Boulevazd and nine to twenty feet along Katella Avenue.
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10. There aze special circumstances applicable to this property because of the
substantial dedication required for future public improvements and the applicant requests the
variance in order to allow bus and shuttle movement independent of the hotel's porte-cochere
and parking structure access. With this additional site azea, shuttle buses can enter and leave the
site without interfering with the projects internal vehicle circulation, providing for improved
circulation flow and public safety. Additionally, compliance with the required setback would
result in the elimination of approximately 30 parking spaces at the ground level and would
further impact the number of parking spaces and circulation within the pazking structure.
11. That one person spoke in favor and submitted a letter, two persons expressed
support with some exceptions and submitted two letters and one person relayed some concems.
WHEREAS, the Anaheim City Planning Commission has reviewed the proposal
and does hereby find that Yhe Mitigated Negative Declazation and the associated Mitigation
Monitoring Program No. 156 is adequate to serve as the required environmental documentation
in connection with this request upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the Mitigated Negative Declaration
together with any comments received during the public review process 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 Planning
Commission does hereby approve Variance No. 2008-04761 subject to the conditions of
approval described in Exhibit "B" attached hereto and incorporated by this reference.
BE IT FURTHER RESOLVED that approval of Variance No. 2008-004761 is
subject to approval of General Plan Amendment No. 2008-00470, Amendment No. 13 to the
Anaheim Resort Specific Plan (SPN2008-00055), Amendment No. 4 to The Anaheim Resort
Public Realm Landscape Program (MIS2009-00297), Conditional Use Permit No. 2009-05403,
and Final Site Plan No. 2008-00004; and
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
chazges 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 chazges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning
Commission meeting of March 2, 2009. Said resolution is subject to the appeal provisions set
forth in Chapter 18.60 "Procedures" 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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ATTEST:
~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolurion was passed and adopted at a meering of the Anaheim
City Planning Commission held on March 2, 2009, by the following vote of the members
thereof
AYES: COMMISSIONERS: AGARWAL, BUPFA, ICARAKI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: EASTMAN
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 161h day of March, 2009.
ARY, ANAHEIM CITY PLANNING COMMISSION
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E~HIBIT "A"
VARIANCE NO. 2008-04761
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EXHIBIT "B"
VARIANCE NO. 2009-04761
NO. CONDITIONS OF APPROVAL ~' SPONSIBLE
FOR
MONITORING
GENERAL
1 The subject property shall be developed substanfially in Planning
accordance with plans submitted to the City of Anaheun by
the applicant and which plans are on file with the Planning
Department mazked Exhibit Nos. 1 through 82, and as
conditioned herein.
2 The granting of the parking variance is contingent upon Planning
operarion of the use in conformance with the assumprions
and/or conclusions relating to the operarion and intensity of
use as contained in the pazldng demand study that formed
the basis for approval of said variance. Exceeding,
violating, intensifying or othenvise deviating from any of
said assumptions and/or conclusions, as contained in the
pazldng demand study, shall be deemed a violarion of tlae
expressed condirions imposed upon said variance which
shall subject this variance to terminarion or modificarion
pursuant to the provisions of Chapter 18.60 Procedures of
the Anaheim Municipal Code.
3 The approval of this applicarion constitutes approval of Planning
the proposed request only to the extent that it complies
with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regularions. Approval
does not include any acrion or findings as to compliance
or approval of the request regarding any other applicable
ordinance, regulation or requirement.
4 The subject property shall be developed substantially in Planning
accordance with plans and specificarions submitted to the
City of Anaheim by the petitioner and which plans are on
file with the Planning Department mazked Exhibit Nos. 1
through 82, and as conditioned herein.
5 That extensions for further time to complete conditions of Planning
approval may be granted in accordance with Section
18.60170 of the Anaheim Municipal Code.
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6 That timing for compliance with conditions of approval Planning
may be amended by the Planning Director upon a showing
of good cause provided (i) equivalent riming is established
that satisfies the original intent and purpose of the
condirion(s), (ii) the modificarion complies with the
Anaheim Municipal Code and (iii).the applicant has
demonstrated significant progress toward establishment of
the use or approved development.
7 Approval of this application constitutes approval of the Planning
proposed request only to the extent that complies with the
Anaheim Municipal Zoning 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.
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