Loading...
Resolution-PC 94-44RESOLUTIUN NQ• PC94-A4 A Rt50LU710N UF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CGNDITIONAL USE PERMIT NO. 3666 BF GRANTED, IN PART WMEREAS, tha Anaheim City Planninp Commisslon d!d rec3lvo a verified Petition for Conclitlonal Use Permi! for cert~in re~l property situatRd in the City of Anehelm, County o( ~Orango, State of Cali(ornfa, described as: PARCEl.5 1, 2 AND 3, AS SHOWN ON A MAP FILED IN 800K 176, PAGES 46 AND 47 OF PARCEL MAPS, IP~ TF1E OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Plann(ng Commiss(on did hold a public hearing at th~ Civ(c Center in the City of Anahofm on Narch 21, 1994 at 1:30 p.m., notice ~f safd public hoaring h~ding beon duly given as roqulred by law and in accordance with tlio provis(uns oi the Anahoim Mun(cipal Code, Chapter 18.03, to hear and consider evidonce for and agalnst sald proposed conditional use permit and to investfc~ate and make ffndings and recommendations in connection thorewith; and that said public hearin~ w~as cuntinuod to the April 4, 1994 Planning Commission meeling; bnd WHEREAS, said Commisslon, after due Inspecti~n, fnvestigation and stuciy mada hy ftself ~nd in its behalf, and af!er due considoration of alt ev(dence and reports oNered ot sa(d haaring, dobs iind anc~ dr~termine tlie fol'owinfl facts: 1. That ihe proposed use is properly one tor which a condit(onal use perm(t is authorized by Anaheim Municipal Code Se~tion 18.48.U50.0~ to permit a 5-story, ~4-foot high, 312-unit motel complc~x, Including demotition of a 78•unit building and a 3,800•square foot restaurant, remodollinp of an existing 122-unit bu~lding, ~nd constructfon of a 190•unit building and a 5,776•syuare toot restaurant, with tho following wa(vers: (A1 ,~~ctfons ~a.os.o5Q.Q2R1 • _ inim n m r Qf rkin ~~. 1$.Q6.08Q 4 4 reqtt(red; ~~,~~~~Q ~~ recommended by the City Tr~Hir, and Transportation Managor; ~q4 proposQCi) (D) ' rtf SO.~E3.Of23.03Q - Mfnirnum Siructura~ stttbac:k. (10 teot requ(red irom interlor property Ifnes; none to 10 (eet existfn~ along the north, west and south (.~roperty Ilnes) (C) ,~ tc fong_iQ.4Q_4~4 - Permittecf uncroachment into irQ~~t~k. ~nd 1Q.48.087 tilit qyf~ms~j prohibited; ,~ndQr~round electrfcal v~lt proposod) (p) $ r~tf n L•948.il8;~Q_~ • Reauir,~i+~l r~I,~caRina of surfaco parkii~y lot. (thir y 24•inch box treos required; twon.~ trees propos~~d) ~~~ ~fQ~.QB.QB~~Q~Q~ • Reauir~ IandS.~f1~~5L_~_djacent to d~rking struaturp,g. (~ntv fo.~.r~n,.Li x r roqufred ~long the north ~eripheral edge: nin r n~, trees prop~sed) CR20GZMS.WP .1. PC9d•44 rF~ o ci n 1.48.d96Q.Q - P rmi ~ t n r c ~ m c . ~Mlnim~rr17-foot ~vide set~ack trom public right-of-wav req~ured for monurnont siflns, proposed slc~n n r hes in~ Harbor E3oulov~rs,s1 u~btl~ ~i,qht-of•wa~r; and rriax~mum A~q ft ~-toot high diroctional sian pormitted, 30 sq.ft• nte rance sian hangfng ovor the drivaway approach proposed) 2. That the parking walver (A) Is hereby ap~roved on the baais that the City Trafiic and Transportatfon Managor reviewod and concurred with th~ traffic ~tudy submitted by the applicant suLject to a minimum of 394 spacas being avr.ilabla on-site, provislon of a loading/unloading aro~ for ahuKle buses and provisfon of a loading dock area ior deliverles, In accurdancv with City Enginoerfny Standards; 3. That the parkin~ waiver will not cause an increase in traffic con~esilon In the fmmedlato viclnity nor adversely aHect any ad~oininc~ lanci uses; A. That the grantin4 oF the parl<ing variance under the conditions imposec! will not be dotrimental to the peace, health, saPety or generat we~fare of the cftizens o( the Cfty of AnahQim; 5. That waiver (B) pertalning to minimum structural setback is hereby approvod on the basfs that it applles to an axisting '122-unft building which will be rotained, that cornpliance with the C•R Code standards would requfre demolition of sald structure and, since safd structure is located at the rear of sub~ect property, the requestFd wafver will not fmpact nafc~hborfng propertfes nor impact the intendod park- Ifke street scQno along Harbor Buulevard; 6. Th~t waiver (C) pertain(ng to permitted encroachments into the fro~t setb~ck Is hereby d~nfed on tho basis tliat the otectrfcal transtormer can be relocated to compiy wltli GaJe and that the p9titioner and City Utility Department ,taff havo agreed to rolocAte the transformer behind the propose~ 190•unlt building altliouqh plans showing sald arrangement were not submitted prior to the public hearing; 7. That wafver (D) pertaining to roqu(rec: landscaping of surface parking lots is her~by deniec! on the basis that thirty 2a•fnch box trees can be providecl in the sur(ace park(ng area to soften the appearance of the parking lot; 8. That wafver (E) pertalnfny to requirod landsc~pin~ ad~ecent to parkfng :tructures Is hereby appraved on the basis that the naturo of the architecture And the nlnotoen proposed trees will adequately screcn the parking structure; 9. That waivor (F) pertalning to permitted s(gns for motels is horoby app~oved, fn part, perrnittinfl a z~ro sotback from Harbor Boulavard tor the proposed monument sf9n sub(act ta the 31gn befng rodesigned in eccordance with the Cfty's design critoria and the new s(c~n code boing prapareci tor the Anahofm Resort Specific Plan Aroo, and that the potitioner withdrew the proposecl 30 sq.it. entranc~ sign hanging over tho driveway at thQ public hear(ng; 10. That there are spocial cfrcumstances epplicable to the property consisting o( location ~nd surroundings, which do not apply ta othar ldentically zonod prope~rties In the vicinity; tt. That st~ict opplication of thQ Zoning Codo deprivos the proporty af privile~es enJoyetl by other properties under identfcal Zon,ng classHication in tlie v(cinity; t2. Tliat the ~roposed use Is properly ono for which a condltfonal usg permft is authorized by the Zoninfl Cocle; .p. PC9d•44 1 J. That 4he praposed use wlll riot adversely ~(fect tho adjoining fand uses and the growth and development of the area In which it Is proposed to bo located; 14. rhat tho size and shape of the site tor the proposed use Is adequate to ailow the full development of 'he proposed uso in a manner not detrimental to the particular area nor to the paace, he~lth, safety, and general welfare; 15. 'I'hat tlio traNic ganerated by the proposeci use wlll not impose an undue burden upon the streets ~nd hic~hways designed and improved to carry the traffic in tho urea; 16. That the granting of the conditional uso per.mft unuer the conditlons imposod will no4 be detrfmontal to the p9ace, health, saFoty and ganerai welfare of thR citlzens of the City of Anahe(m; and 17. That no one Indic~ted their presence at said pt~blic hearing fn oppasitfon; and that no correspondence was received In opposition to tho subjact potition. CALIFORNIA ENVIR NMEN7AL ~ALITY ACT FINDING: 7hat the Anahelm City Planninfl Commisslon h~s reviewed tho proposal to permit a 5•story, 8R-foot hiflh, 312-unit motol complex, including demolition ot a 7fi-unft buildinc~ and a 3,800-square fout restaurant, remodelliny of an existin~ 122•unit bui~ding, and construction ot e t90•unit building and a 5,776-sr~uare foot restaurant, with waivers of minfmum number of parkinc~ spaces, minimum structural setback, permitted encroachment into frant setback, requfred lands^aping of surface narkfng lot, roquired landscaping adJac~nt to parking structuras, and permitted stgns for hotels/motels on a rectangularly-shapod parcel af land conslsting of approx(mately 3.3 acres, having a irontac~o o( approximately 272 feet on tlie west side of Harbor Boulovard, having a rnaximum dopth of approxfmately :~25 feet, bein~ located approximatoly 360 fa~t south of the centerlino of ConvQntion Centar Way, and fuither doscribed es 2017 aouth Harbor Boulavard; end dues heroby approve a mitic~ated Negative Declaration and adopt the Mit({~ation Monitoring Program pursuant to Sectlon 21081.6 0( the Pub1lc Resources Code on the basis that the declaration retlects the independent ~udgement of the lead ac~ency anci that the Planninc~ C~mmission has considered the proposal w(th the mitigatod Negative Declaratfon and Monftor(ng Proc~rem, toc~otlier with any comments receivecl during the publfc revi~w process and further tinding, on the basis of the Initial S~udy, that there Is no substantial e~~ldence that the proJer,t will have a significant effoc: on the environmen:. NOW, THEREFOR~, BE IT RESQLVED that th~ Anaheim City Planniny Commission does hereby grant subJect Pet(tion tor Conditlonal Use Permit, In part, upori tha follow(ng condittons which aro hereby found to be a necessary prerequisite to the proposed use of tho suhject properiy fn order to proservo tiie satety and c~eneral weltarQ of tho Citizens of the City of Anahelm: 1. That an on•site loading and unloadinfl area for hotel shuttle buses to tran$port guests to and from tourist attractlons and local airports shall be provlded in a design and locat(on approved by the City TraNic and Transportatfon Mar~agcr. 2. That an un-site truck dock area shall be provided in a design and locat(on approvod by the City Traffic and Transportation Manager. 3. That the driveway on Warbor Boulevard shall be constructed wilh ten (t0) foat r~ciius curb returns as required by the City Enc~ineer in conformance with Engineering Standard N~. 137. 4. That a tot I(ne adjustment plat to combine the oxistinfl parcels into one (t) parcel shall be submittal to the Subdivision Section of the Public Works Do~~artment for review and appro~~sl by the CI!y En~ineer. Foilowinfl approval, it sliall bQ recorded at the Offico of th3 Orange County Recorder. .3. P :94-4A 6. That tho property owner sha~l submit A Water Quallty Management Plan (WI~MP) specif(cally identify(ng the Best Man~gement Practices which will be used on•site to control predictable pollut~nts from storrnwater nmoH. The W(~MP shall be submitted t~ the Subdlv!slon Section for revfew and approval. 6. That a Plan 5heet for s~11d waste storago and colloction, and a plan for recycling shall be submitted to the Dopartmont of btaintenance for reviow and approv;~l. 7. 7iiat She doveloper shail be responsible for cornpl(ance ~stth 211 mitigatlon measures within the assigned time frames and any ~iirect casts associated wlth the attached Mitigation Monitorfng Program No. 'Y6 as established by the City of Anaheirn and as raquirud by Soct(on 21081.6 of !he Publ(c Rosources Code to onsure implementation of 4hose identifieU mitigation moasures. 8. That pians shall be submitted tu the Zoning Divislan showing the location of the electrical transformer conforms with all applicab~e Zoning CodA requirements pertalning to roqulred setbacks and screening. 9. That any proposed w111 signs which will be visible ta any pubfic rights-of-way shall be reviewod and approved by the Pianning Commfssion as a Reports and Recommendatlons item prior to ins'allation, 10. That subject property shall be dovelaped substant(ally i~ accurdance with plans and specificatio;~s submitted to tho City of Anaheim by the petitioner and whicti ple.ns are an file with the Planning Department marked Exhibit Nos. 1 through 14; provided, liewever, that: (a) A minimum of thirty (30) twenty tour inch ;2a") box trees shall be provlded In the surface parkln~ arQa fn accordance with the S~ction 10.48.085.Q301 of the Anaheim Municlpal Code; (b) The proposed monumen! sign may abut Harbor Boulevard subJect to its beinq redesigned in acr.ordance with 5ection 18.48.096.010 "Hotal/~~lotel Sign Standards Matr(x" and the now si9n code being prepared for the Anaheim Resort Specific Plan Area; and (c) Thv proposed thirty (30) sq.ft. entrance si~n hanging over tha drive~vay shall be deleted. 11. That prior tu issuanco of a building permft or within a perixl of one (1) year trom the date of this resalution, whlchever occurs first, Condition Nos. 1, 2, 2, 5, 6 And 8, above•mentlonad, shali he complfed with. Extensions for furthor time to complete sa(d conditions may be granted in accordence with Section tEl.0;i.090 of the Anaheim Munic(pal Code. t2. That nrior to finai building and zoninc~ inspecttons, Condit(on Nos. 1, 2, 3 and 10, above-mr~ntloned, shail be complied wfth. 13. That approval of th(s appiication constitut2s approval of the proposod request only tu the extent that it complies with the Anaheim hlun(c{pal Zoning Code end any other appilcable City, State and Federal reguloticns. Approvaf does not inciude any action or tind(ngs as lo compliance or approval of the request regarding ~.~;+ other appiicable or~inance, regulation or requirement. BE !T FURTHER FiESOLVEO that tho AnahQim City Planning Commission does hereby find and determine that adoption oi thi~ ~`esolution is ex~ ressly predfcatacl upon appl{canYs comptiance with each and ~II oF thQ conditions herefn,~bove set forth. Shauld any such conditfon, or any part theroo(, be declared fnvalid or unenforceable by the tinal judgr.ient ot any court of competent jurisdiction, then th(s Rosolution, and any approvals herecn r,ontainod, shall be deemed null anc! void. -4- ?C94-44 THE FOREGnING RESOLUTIQN was adopted at the Planning Commission meeting af li, April 4, 1994. , ,-~ ~~~~~ ~ ~ i~ C ,,~,;~' y : '~ .~2 , CHAIRMAN ANAHEIWI CIT`f P NCl COMMISSION ATTEST: ~ ~~ J RETARY, ANA EI CITY PIANNING COMMISSION ~/ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Janet I.. Jensen, Secretary of the Anaheirn City Planning C4mmission, do hereby certify ihat the foregotng resolutlon was passed and adopted at a mc~etfng of the Aneholm Clty Planning ~ Cammission held on April 4, 199~~, by the tollowl~ig vote of the members thereaf: AYE~: COMMISSIONERS: CAL~WELL, HENNINGER, MAYER, f~ESSE, PERAZA, TAIT NOES' COMMIS310NERS: NON[ ABSENT: C4MMISSIONERS: E30YDSTUN Itd WITNESS WHEREt~F, I have hereunto set my Piand this ~, day of _~~~ ~ 1994. J S REl'AHY, ANA CI7Y PLANNINC COMMISSION : -5- PC94-R4