Resolution-PC 99-226RESOLUTION NO. PC93-226
~\ RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIdNAL USE PERMIT NO. 4153 B~ GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in che City of Anaheim, Counry of Orange, State
of California, described as:
PARCEL A:
THAT PORTIpN OF THE NORTHEAST QU,~RTER OF THE NORTHWEST QUARTER
OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA AN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
TOGETHER WITH:
PARCEL 1 IN THE CITY OF ANAHEIb9, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, TOGETHER WITH ON A MAP RECORDED IN BOOK 56,
PAGE 11 OF PARCEL UTAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1 AS SHOWN AND DESCRIBED BY LOT LINE ADJUSTMENT PLAT NO. 261
RECORDED OCTOBER 11, 1991 AS INS7'RUMENT N0. 91-556204 OF OFFICIAL
RECORDS.
EYCEPTING THEREFP.OM THAT PORTION DE3CRIBED IN THE DEED TO THE
STATE OF CALIFORNIA RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO
19980071396 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL B:
PARCELS 2 AND 3 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A P~AP RECORDED IN BOOK 56, PAGE 11 OF
PARCEL MAPS, IN THE OFFICc' OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL C:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 26, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10,
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE LAND CONVEYED
TO THE STATE OF CALIFORNIA, BY INSTRUMENT NO. 25258, FILED APRIL 9, 1952
IN THE OFFICE OF THE REGISTRAR OF TITLES OF SAID ORANGE COUNTY,
DIS7ANT THER@ON NORTH 40° 09' 15" WEST ALONG SAID SOUTHWESTERLY
LINE, i20.00 FEET; THENCE SOUTH 49° 09' 45" WEST 457.95 FEET TO THE
SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST
QUARTER ; THENCE NORTH 89° 51' 25" EAST ALONG SAID SOUTHERLY LINE,
184.04 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 49° 09' 45" WEST FROM
CR3848PK.DOC -1- PC9~J-22G
THE POINT OF BEGINNING; THENCE NORTN 49° 09' 45" EAST 318.29 FEET TO THE
POINT OF BEGINNING.
WHF_REAS, the City Planning Commission did hoid a public hearing at the Civic Center
in the City of Anaheim on December 20, 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 co~sider evidence for and against said proposed conditional use permit and to
investigate 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 following facts:
1. That the proposed uses are properly ones for which a conditional use permit is
authorized by Anaheim Municipal Code Sections i8.48.070.050.0512, 18.48.070.050.0513 and
18.48.070.050.0525 to permit in-room kitchen/kitchenettes ~ t a proposed extended-stay hotel, interior
building setbacks which are less than two times the height of the building where located within 150 feet of
property zoned Mobilehome Park ("MHP") Overiay, and building heights which exceed one-half the
distance between the building and an MHP Overlay Zone boundary i~ connection with a proposed 407-
room hotel complex consisting of a 9-story (37- to 113-foot high) 264-room full-service hotel and a 7-story
(75- to 81-foot high) 143-room extsnded-stay hotel, and with the following waivers:
(a) Section 18.48.070.090.0901 - Minimum structural setback and vard reauirements abuttinq
public riahts-of-wav.
(30-foot wide fullv landscaoed setback measured from the
Gene Autry Way ultimaie right-of-way required;
36- to 49-foot wide building setback with a 10-foot wide
Iandsca~ed area proposed)
(b) Ser,tions 18.48.070.090.0903 - Minimum interior structural setback and vard reauirements
18.48.070.100.1002 permitted encroachments into reouired vard and setback
and 18.48.070.110.1102 areas. and minimum screenina abuttina MHP Overlav zoned
ro ert ,
(minimum 20-foot-wide fuilv landscaoed interior setback
required adjacent to property zoned MHP Overiay;
20-foot wide interior setback area adjacent to the MHP
Overlay Zoning with 10 feet of landsca~inq and 10 feet of
parking proposed)
(c) Sections 18.48.110.120 - Minimum number of oarkina soaces.
and 18.06.050.020.0241 (394 saaces required;
378 soaces proposed until Gene Autry Way is constructed to
its uitimate width, and 355 soaces proposed after the street is
constructed to its ultimate width)
2. That the subject property is located in Development Area 1"Commercial Recreation
(C-R) District" ~f the Anaheim Resort Specific Plan No. SP 92-2.
3. That waivers (a) (pertaining to minimum structurai setback and yard requirements
2butting public rights-of-way) and (b) (pertaining to minfmum interior structu.,~l setback and yard
requirements, permitted encroachments into required yard and setback areas and minimum screening
abutting MHP Overlay zoned property) are hereby approved on the basis that the plans and supporting
documentation submitted by the applicant support the findings that specfal circumstances fiave been
identified due to the size, shape and location of the proNerty that do not apply to other identically zoned
properties in the vicinity because the property is irregularly-shaped and the property is fmpacted by the
future construction of Gene Autry Way, including that when said street improvements are completed, the
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property will be located adjacent to, but will not have any driveway access to, Gene Autry Way due to the
street being elevated; that the property adjoins two properties zoned MHP Overiay along both the west
and south property lines; and that the strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in the Anaheim Resort Specific Plan.
4. That waiver (c), minimum number of parking spaces, is hereby approved based on
information contained in the approved revised Parking Study, prepared by Katz, Okitsu and Associates
and dated December 1, 1999; and that granting of the parking waiver is contingent upon operation of the
use in conformance with the assumptions relating to the operation and intensity of the use as contained in
the Parking Study that formed the basis for approval of this waiver.
5. That the Parking Study det~:rmined that a minimum of 326 on-site parking spaces will
accommodate the parking demand associated with the proposed hotel and accessory uses and,
therefore, the waiver will not cause fewer off-street parking spaces to be provided for subject hotel
complex than the number of such spaces necessary to accommodate all vehicles attributable to the
project under the normal and reasonable foreseeable conditions of operation of the use.
6. That the proposed on-site parking will accommodate the parking demand associated with
all on-site uses and will not increase the demand or competition for on-street parking in the immediate
vicinity of the proposed use; and that there will not be any on-street parking along the two public streets
adjacent to the property (Manchester Avenue and the future Gene Autry Way).
7. That tra~fic congestion will not occur within the on-site off-si!~eet parking areas because
the overall demand for parking at the site is lowsr than the amount of pa~ Ring proposed, and a surplus of
on-site parking spaces is expected.
8. That the parking area has been designed so that it will not impede vehicular ingress to or
egress from adjacent properties; that the parking area has been designed to provide sufficient on-site
stacking for vehicles exiting and turning right onto Manchester Avenue, which will be a one-way street;
and that no vehicle access is proposed to the future Gene Autry Way.
9. That the proposed use wilf nat adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
10. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
11. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area, as demonstrated in the
revised Parking Study.
12. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
13. That no one indicated their presence at the public hearing in opposition to the proposai;
and that no correspondence was received in oppos~tion.
CAI.IFORNIA ENVIRONMENTAL QIIALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for a 407-room hotel complex consisting of a 9-story
(97- to 113-foot high) 264-room full-service hotel and a 7-story (75- to 81-foot high)143-room extended-
stay hotel with in-room kitchen/kitchenettes, with interior building setbacks which are less than two times
the height of the building where located within 150 feet of property zoned Mobilehome Park ("MHP")
Overiay and with buiiding heights which exceed one-half the distance between the building and an MHP
Overlay Zone boundary, and with waivers of (a) minimum structural setback and yard requirements
abutting public rights-of-way, (b) minimum interior structural setback and yard requirements, permitted
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encroachments into required yard and setback areas, and minimum screening abutting MHP Overlay
zoned property, and (c) minimum number of parking spaces on a 6.01-acre irregularly-shaped property
having a frontage of approximately 677 feet on the southwest side of Manchester Avenue, a maximum
depth of approximately 560 feet, being located approximately 800 feet south of the centeriine of Katella
Avenue, and further described as 1855 -1925 South Manchester Avenue; and does hereby determine
that the previously-certified Environmental Impact Report No. 313 is adequate to serve as the required
environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plannfng Comrt~ission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subiect property in order to
preserve the safety ar~d general welfare of the Citizens of the City of Anaheim:
1. That the property owner/developer shall be responsible for compliance with all the mitigation
measures set forth in Mitigation Monitoring P(an No. 027 specifically created for this project, and far
compiying with the monitoring and reporting requirements established by the City of Anaheim in
compliance with Section 21081.6 of the Public Resources Code. Fu~thermore, the property
owneddeveloper shail be responsible for any direct costs associated with the monitoring and
reporting reauirements to ensure implementation of those mitigation measures identified in
Mitigation Monitoring Plan No. 027, vuhich is made a part of these conditions of approval by
reference.
2. That the property owner/developer shali comply with Condition Nos. 1, 2, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40,
41 and 44, as set forth in Ordinance No. 5454 adopted by the Ciry Councii on September 27, 1994,
in connection with the adoption of the Anaheim Fcesort Specific Plan No. 92-2, said conditions being
incorporated herein by reference as if set forth in their entirety.
3. That granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operation and intensity of use as contained in the
revised Parking Study prepared by Katz, Gkitsu and Associates and dated December 1, 1999, that
formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions and/or conclusions, as contained ir. the revised Parking
Study, shall be deemed a violation of the expressed conditions imposed upon said waiver which
shall subject this Conditional Use Permit to termination or modification pursuant to the provisions of
Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
4. That prior to the issuance of a grading permit or the first building permit, including foundation only
permits, whichever occurs first, a fot line adjustment consoiidating all of the parcels which comprise
the subject property into one (1) parcel shali be submitted to the Public Works Department for
review and approval by the City Engineer; and that said lot line adJustment shall then be recorded
in thz Orange County Recorder's Office.
5. As part of the Finai Site Pian appiication, plans shall be submitted to the Planning Department
showing a dense layered landscape screen, consisting of trees (planted at no greater separations
than ten (10) feet on-center), shrubs, ciinging vines and ground cover, to be installed in the ten (10)
foot wide landscape setback areas along and adjacent to the north, west and south property lines.
The tree density shall be in accordance with the "Very Dense" Tree Density Factor set forth (n the
Design Plan of the Anaheim Resort Specific Plan at a point factor of 0.8 or greater and shall be
equivalent to the tree density that would be otherwise associated with a twenry (20) foot wide
interior setback area along safd property lines. Prior to finai building and zoning fnspections, the
property owner/developer shall submit a letter to the Planning Department from a licensed
landscape architect certifying that the landscape (nstallation and I;rigation systems have been
installed in compliance with the approved landscape plan reflective of this condition.
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S. That on-going during operation of the hoteis, there shall be no tractor-trailer parking permitted on-
site and that there shatl be no outdoor storage of vehictes or other items in the ~arking lot area.
7. That within a period of one (1) year from the date of this resolution and prior to issuance of a
grading permit or the first building permit, including foundaBon only permits, whichever occurs first,
the property owner/developer shall submit a complete Final Site Plan application to the Planning
Department for review and approval by the Planning Commission,
8. That on-going during operation of the hotels, guestroams shall not be rented or let for periods of
less than twelve (12) consecutive hours or more than thirty (30) consecutive dsys.
9. That on-going during operation of the hotels, every occupied guestroom shall be provided with daily
maid service.
10. That on-going during operation of the hotels, the hotel operator/manager shalt maintain a complete
guest registry or guest card system which includes tha full name, address, date of blrth, and verified
drivers license or legal (dentification and vehicle reg:stration number of all registered guests, date
of registration, length of stay, and room rate, which shall be made availabie upon demand by any
police officer, code enforcement o~cer, or license inspector of the City of Anaheim.
11. That on-going during operation of the hotels, a statement shall be printed on the face of the guest
registration card to be completed by the guest when registering, advising that the register is open to
inspection by any police officer, code enforcement o~cer, or license inspector of the City of
Anaheim or any other City of Anaheim personnel for law/code/license enforcement purposes.
12. That on-going during operation of the hotels, the property ownerloperator of the hotel shall comply
with the provisions of Section 2.12.020 of the Anaheim Munfcipal Code pertaining to the operator's
collection of transient occupancy taxes.
13. That on-going during operation of the hoteis, all avallable room rates shall be prominently dispiayed
in a conspicuous place in the office or lobby area of each hotet clearly visitie to hotel guests; and
that the property owner and/or hotel operator shall comply with ths provisions of Section 4.09.010
of the Anaheim Municipal Code pertaining to the posting of room rates.
14. That no pay phones shall be permitted outsfde the buildings anywhere on the property.
15. That prior to the first finai building and zoning inspection, the property owner/daveloper shall install
signs at the proposed driveway (exit) fndicating "right turn only "(R-59) and "no left tum" (R-17).
The sign specification for materials and fnstallation shall conform to the California Department of
Transportation Traffic Manual and shail also be subject to review and approval by the Ciry's Traffic
and Transportation Manager.
16. That on-going during operation of the hoteis, the hotels shaii operate in conformance wfth the
Letters of Operation dated Decembe~ 13, 1999 and July 31, 1999, submitted by ihe petitioner,
which letters are provided as Attachment A to the December 20, 1999 Staff Report to the Planning
Commission and are fncorporated herefn by reference as if set forth in their entirety. Violation or
eperation contrary to safd letters of operation shall subJect thfs Conditional Use Permit to
termination or modification pursuant to the provisfons of Sections 18.03.091 and 18.03.092 of the
Anaheim Municipal Code.
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17. That prior to commencement of activities authorized by this resolution, or prior to final building and
zoning inspecUons, whichever oxurs first, subject property shal~ be developed substanBally in
accordance with the building Iayout and orienta8on, on-site parking and circuiation, structural
setback and yard areas, floor areas and building heiahts shown on the plans and specifications
submitted to the Ciry of Anahe~im by the pedtioner and which plans are on fite with the Planning
Department marked Exhibit Nos. 1 through 10, and the approved Final Site Plan pursuant to
• Condition No. 7.
18. That approval of this appiication constitutes approval of the proposed request only to the extent that
it compiies with the Maheim Municipai Zoning Code and any other applicable City, State and
Federal regulaGons. Approval does not include any action or findings as to compliance or approvat
of the request regarding any oth~r applfcabte ordinarce, regulation or requirement.
BE IT FURTHER RESOLVED that the Maheim City P;anning Commission does hereby
find and determine that adoption of this Resoludon is expressly predicated upon applicanYs compliance
with each and all of the conditions herei~above set forth. Should any such condition, or any paR thereof,
be declared invalid or unenforcea~le 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 FORE~OING RESOLUTION was adopted at the Planning Commission meetlng of
December 20, 1999.
~iW~ Getit,t.G.tJ
CHAIRPERSON, ANAHEI CITY PLANNING COMMISSION
ATTEST:
l -~~X~~ -~'fJJGG6 .
SECRETARY, AN EIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregofng resolution was passed end adopted at a meeting of the Anaheim City Plann(ng
Commission held on December 20, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSNVICK, BOYDSTI!N, BRISTOL, KOOS, NAPOLES, VANOERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WI7NESS WHEREOF, I have hereunto set my hand this ~~ day of
_~_ ~'~ , 2000.
U V c~d~t/l~
SECRETARY, A AHEIM CITY PLANNING COMMISSION
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