Resolution-PC 99-193RESOLUTION NO. PC99-193
A RESOLU710N OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 4377 BE GRANTED
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 Cali~ornia
described as:
PARCEL 25 AS SHOWN ON THE MAP ATTACHED TO LOT LINE ADJU~TMcNT NO. 295
RECORDED MAY 11, 1993 AS INSTRUMENT N0. 93-0315924 OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Ce~ter
in the City of Anaheim on November 8, 1999, 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, investiyation and study made by
itself and in its behalf, and after due consideration of ail evidence and reports offered at said hearing,
does find and determine the foilowing facts:
1. That the petitioner proposes waivers of the foilowing to construct a 4-story, 128-room
hotel:
(a) Sections18.06.050.0241 - Minimum number of parkina spaces,
and 18.74.040.070 (216 saaces required; 12$ soaces proposed and concurred with
by the City Traffic and Transportation Manager)
(b) Section 18.74.040.050(b) - Maximum buildina heiqht.
3 stories permitted, 4 stories proposed; and
45-foot high buildings with 5-foot high architectural
embellishments permitted, 50 foot high building proposed)
2. That the proposed waivers are for a hotel, which is a permitted use in Development Area
3(Visitor Commercial Deveiopment Area) of the Festival Specific Plan No. 90-1 where the proposai will
be located.
3. That waiver (a), minimum number of parking spaces, is hereby granted on. basis that the
petitioner submitted a parking study, concurred with by the City Traffic and Transportation Manager,
indicating that the on-site parking supply exceeds the praJected parking demand for the subject site and,
therefore, will not increase the demand and competition for parking spaces on the pub;?c streets and
adjacent private property.
4. That the parking 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 reasonably foreseeable conditfons of operation
of such use.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate viciniry of the proposed use.
6. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
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use (which property is not expressly provided as parking for such use under an agreemsnt in compliance
with Section 18.06.010.020 of the Zoning Code) oecause there is no adjacent private property in the
immediate viciniry, other than the Festival Shopping center, that the site plan and the available parking
supply will serve to contain the hotel-refated parking to o~-site; and that access to the site is separate
from that of adjacen: properties and only serves the proposed hotel.
7. That the parking waiver, under the conditions imposed, will not increase traffc congestion
within the off-street parking areas or lots provided for such use.
8. That the parking waiver, under the conditions imposed, will not impede vehicuiar ingress
to or egress from adjacent properties upon the public streets in the immediat~ viciniry of the proposed
use.
9. That a pending Zoning Code amendment pertaining to parking requirements, when
adopted, will result in this project complying with Code.
10. That waiver (b), maximum building height, is hereby granted on basis that there are
special circumstances applicable to the property such as size, shape, topography, location and
surroundings which do not apply to other identically zoned property in the same vicinity; and that strict
application of the Zoning Code deprives the property of privileges enjoyed by other properties in the
identical zone and classification in the vicinity.
11. That waiver (a) will not be materia~ly detrimentai to the public welfare or injurious to the
property or improvements in such viciniry and zone in which the property is located.
12. That one person spoke in favor of the proposal at the public hearing; end that no one
indicated their presence in opposition and no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waivers of minimum number of park~ng spaces and
maximum building height to construct a 4-story, 4?S-room hotel at 105-12F South Festiv~~l Drive in the
Festival shopping center, which is on an irregulariy-shaped 85-acre property located at tlie southwest
corner of Santa Ana Canyon Road and Roosevelt Drive, having a frontage of 2,170 feet on the south side
of Santa Ana Canyon Road and a frontage of 850 feet on the west side of Raoseveit Road; and does
hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgement of the lead agency and that it has considered the 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 City Planning Cpmmission
does hereby grant subject Petition for Yariance, 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 generai welfare of the Citizens of the City of Anaheim:
1. That plans shali be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
2. That the water backflow equipment and any other large water system equipment shall be installed
to the satisfaction of the Water Utility Division fn either (a) underground vaults or (b) behind the
street setback area in a manner fully screened from all streets. Said information sha.ll be
specifically shown on plans and approvec' tiy Water Engineering and Cross Connection Inspector
prior to issuance of a building permit.
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3. That trash storage area(s) shail be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets, highways and residential land uses. l'he wails of the
storage areas shall be protected from graffiti opportunities by the use of plant materials such as
minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall
shrubbery. Plans for the location, design and materials of said trash enciosure shall be submitted
for review and approval by the Cornmission as a Reports and Recommendations item.
4. That a plan sheet for solid waste storage and collection and a plan for recycling shaii be submitted to
the Streets and Sanitation Division for review and approval.
5. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610, and shall be maintained to the satisfaction of the Streets and Sanitation
Division. Said turn-around area shall be specifically shown on plans submitted for buiiding permits.
6. That an approved fire truck turn-around shall be provided as required by Fire Department
specifications and requirements. The tum-a~ound shall be shown on plans submitted for building
permits. The turn-around shall be permanentiy marked and maintained to the satisfaction of the
Fire Department.
7. That the prope~ty shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removing of trash or debris, and removing of gra~ti within twenty four (24)
hours from time of occurrence.
8. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
9. That the locations for future above-ground utiiity devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be
shown on plans submitted for building permits. Such plans shall also identify the specific screening
treatment of each device (i.e. landscape screening, color of walls, materials, identifiers, access
points, eic.) and shall be subject to the review and approval of the appropriate city departments.
10. That no freestanding or monument type signs shall be permitted for this hotel. Final sign pians for
subject facility shall be submitted to the Zoning Division for review and approval by the Planning
Commission as a"Reports and Recommendations" item.
11. That proposed Condition No. 11 was defeted at the Planning Commission public hearing.
12. That sewer and storm drain improvements within the parcel on which the hotel is located shall be
privately maintained.
13. That prior to connection of electrical service, the legal owner of subject property (on which the hotel
is located) shall provide the City of Anaheim with a public utilities easement to the satisfaction of the
Electrical Engineering Division.
14. That propose Condition No. 14 was deleted at the Planning Commisslon public hearing.
15. That a photometric lighting plan shall be submitted to the Police Department, Community Services
Division, for review and approval. Said lighting information shail be shown on plans submitted ~or
building permits.
16. That "knox box" roof access to the interior of the hotel shali be provided in a Iocation approved by
the Police Department. Said information shall be shown on plans submitted for building permits.
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17. That the restaurant pad shall be temporarily landscapec± w:h irrigated ground cover until
construction commences on that pad.
18. That wall-mounted air-conditioning units shall be flush with the exterior of the building and shall be
painted to match the exterior of the building.
19. That no roof-mounted equipment shall be permitted.
20. That all existing trees shall be retained with the exception of the twn (2) trees flanking the proposed
driveway which may be removed and replaced with trees of a different variery or sNecies.
21. That the exterior posting or advertising of room rates or any other exterior references to room rates
(i.e., competitive rates, low rates, etc.) for the hotel shall not be permitted.
22. Th~t !he hotel ownedmanager shall maintain a complete guest registry or guest card system which
includ~ s the fuli name, address, date of birth, and veri: ed driver's license or legal identification and
vehicle registration number of all registered guests, dat~~ of registration, length of stay and room
rate, and which registry or system shall be made available upon demand by any police officer, code
enforcement officer, or license inspector of the City of Anaheim.
23. That a statement shall be printed on the face of the hotel guest registration card, to be completed
by the guest when registering, advising that the register is open to inspection by the Anaheim
Police Department or other City of Anaheim personnel for law enforcement purposes.
24. That hotel guest rooms shall not be rented or let for periods of less than twelve (92) consecutive
hours nor more than thirty (30) consecutive days, excluding one (1) manager's unit.
25. That every occupied hotel guestroom shail be provided with daily maid service.
26. That the hotel owner and/or management shall not knowingly rent or let any guest room to a known
prostitute for the purposes of pandering, soliciting, or engaging in the act of prostitution; or to any
person for the purpose of seliing, buying, or dealing, manufacturing or ingesting an illegal drug or
controlled substance; or for the purpose of committing a criminal or immoral act.
27. That no hotel guest room shall be rented or let to any person under eighteen (18) years of age,
verified by a valid driver's license or other legal identification.
28. That all available hotel room rates shall be prominentiy displayed in a conspicuous place within the
o~ce or lobby area and clearly visible to motel guests, and that the property owner and/or
management shall comply with the provisions of Anaheim Municipal Code Section 4.09.010
pertaining to the posting of room rates.
29. That the property ownerloperator of the hotel shall comply with the provisions of Anaheim Municipal
Code Section 2.12.020 pertaining to the collection of transfent occupancy taxes.
30. That subject property shall be deveioped substantially in accordance with 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 16, and as conditioned herein.
31. That 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. 1, 2, 3, 4, 5, 6, 9, 10, 15 and 16,
herein-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Mun(cipal Code.
32. That prior to final building and zoning inspections, Condition Nos. 17, 18 and 30, herein-mentioned,
shall be complied with.
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33. That approval of this applicaNon constitutes approval of the proposed request oniy to the extent that
it complies with the Anaheim Municipal Zoning Code and any other appticabie City, State and
Federal regulations. Approval does not inciude any ac6on or findings as to compliance or approvat
of the request regarding any other applicable ordinance, regutation or requiremenL
BE IT FURTHER RESOLVED tF~at the Anaheim City Pianning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs comptiance
with each and all of the conditions hereinabeve set fotth. 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, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 8, ? 999.
CHAI ERS N PRO TEMPORE,
AN EIM CITY PLANNING COMMISSION
A'TTEST:
!~
SECRETARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY U~ ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sol~rio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolutior; was passed and adopted at a meeting of the Analieim City Planning
Commission held on Novembzr 8, 1999, by the fallowing vote of the members thereof:
AYES: CC~iV1MISSIONERS: BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT, ARNOLD
NOES: ~~UMMISSIONERS: NONE
ABSEN': CC ~VIMISSIONERS: BOYDSTUN
-`,,~,IN WITNESS WHERE:OF, I have hereunto se: my hand thfs ~ day of
u~K~ , 1999. .
G~
SECRETARY, NAHEIM CITY PLANNING COMMISStON
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