RES-2009-057RESOLUTION NO. 2009 -057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF .ANAHEIM APPROVING VARIANCE NO. 2008 04761.
WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning
Commission did receive a verified Petition for the approval of a variance, designated as
Variance No. 2008- 04761. to construct a new nine -story, 252 -room hotel with 75,593 square feet
of accessory uses with less parking and smaller interior setbacks than required by the Zoning
Code. for that certain real property generally located at 1820 South Harbor Boulevard, Anaheim,
California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by
this reference (hereinafter the "application and
WHEREAS, Variance No. 2008 -04761 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; Determination
of Public Convenience or Necessity No. 2009- 00056; and Final Site Plan No. 2008 -00004
(hereinafter the "Discretionary Actions and requests approval of a variance from the following
provisions of the Anaheim Municipal Code:
(a) SECTION NO. 18.42.040.010
Minimum number of parking spaces:
(712 spaces required; 527 spaces
proposed)
(b) SECTION NO. 18.116.090.040 Minimum interior setback:
(10 feet required; 5 feet proposed)
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim
Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009, at 2:30 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 18.60, to hear and consider evidence for
and against said project, including Variance No. 2008- 04761, and, at said hearing, did receive
evidence and reports from persons interested therein and from its staff; and
WHEREAS, the Planning Commission has reviewed the Discretionary Actions
and did find and determine that the Mitigated Negative Declaration 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; and
WHEREAS, said Planning Commission, after due inspection, investigation and
studies made by itself and in its behalf and after due consideration of all evidence and reports
offered at said hearing, did adopt its Resolution No. PC2009 -039 granting Variance No. 2008-
04761; and
WHEREAS, said Planning Commission, by its Motion, did request that the
Anaheim City Council review the Planning Commission's action approving Variance No. 2008-
04761 at a duly noticed public hearing; and
WHEREAS, thereafter, the City Council did set Variance No. 2008 -04761 for a
de novo hearing, which public hearing was duly noticed and held as prescribed by law and, as a
result thereof, the City Council does hereby make the following findings:
The variance pertaining to the minimum number of parking spaces is hereby
approved based upon a parking 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 parking analysis.
2. The variance pertaining to the minimum number of parking spaces, under the
conditions imposed, will not cause fewer off street parking 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 conditions of operation of such use
because the site will accommodate the forecasted parking based on the results of the parking
study and have a surplus of 64 parking spaces. The site will have a parking demand far less than
code required parking 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.
3. The variance pertaining to the minimum number of parking spaces, under the
conditions imposed. will not increase the demand and competition for parking 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 parking spaces available along the
project frontage on Harbor Boulevard or Katella Avenue, except for buses and taxis.
4. The variance pertaining to the minimum number of parking spaces, 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 use because the parking for
this site is sufficient for the proposed use and surrounding properties have parking lots that are
distinctly separate from this facility.
The variance pertaining to the minimum number of parking spaces, under the
conditions imposed. will not increase traffic congestion within the off street parking areas or lots
provided for such use since the off street parking area will provide sufficient parking to
accommodate the projected parking demand and the drive aisles through the site are sufficient to
accommodate the site's anticipated traffic.
6. The variance pertaining to the minimum number of parking spaces, 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 location as the existing access driveways such that no significant access
changes are contemplated.
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 structure. The size and number of trees complies with the
required tree density. based on the required setback of ten feet. Further, there are no sensitive
land uses adjacent to the areas where the setback variance is being requested.
S. The variance pertaining to the minimum required interior setbacks is hereby
approved because 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 Harbor Boulevard and nine to twenty feet along Katella Avenue.
6. The variance pertaining to the minimum required interior setbacks is hereby
approved because there are special circumstances applicable to this property due to the fact that
substantial dedication is required to accommodate future public improvements and the variance
is necessary in order to allow bus and shuttle movement independent of the hotel's porte cochere
and parking structure access. With this additional site area, 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 parking structure.
NO\\ THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Variance No. 2008 -04761 be, and the same is hereby, granted.
BE IT FURTHER RESOLVED that the Anaheim City Council does approve
Variance No. 2008 -04761 subject to the conditions of approval described in Exhibit "B" attached
hereto and incorporated herein by this reference which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the City Council, as lead agency for purposes
of the C alifornia Environmental Quality Act, having reviewed the Discretionary Actions, does
hereby find and determine that the Mitigated Negative Declaration 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.
3
BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does
hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. 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.
BE IT FURTHER RESOLVED that this application is granted subject to the
approval by the City Council 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. now pending.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 31st day of March 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring
NOES: Council Member Galloway
ABSENT: NONE
ABSTAIN: NONE
CITY CLERK OF THE CITY OF ANAHEIM
72431.v1 "M Gordon
CITY OF A EIM
By:
MAYOR OF THE C Y O NAHEIM
EXHIBIT "A"
`'ARIANC'E NO. 2008 -04761
KATELLA AVE
540'
550'
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is two to five feet.
10715
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
GENERAL
1
The subject property shall be developed substantially in
accordance with plans submitted to the City of Anaheim by
the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 82, and as
conditioned herein.
Planning
I-
The granting of the parking variance is contingent upon
operation of the use in conformance with the assumptions
andior conclusions relating to the operation and intensity of
use as contained in the parking demand study that formed
the basis for approval of said variance. Exceeding,
violating, intensifying or otherwise deviating from any of
said assumptions and/or conclusions, as contained in the
parking demand study, shall be deemed a violation of the
expressed conditions imposed upon said variance which
shall subject this variance to termination or modification
pursuant to the provisions of Chapter 18.60 Procedures of
the Anaheim Municipal Code.
Planning
3
The approval of this application constitutes approval of
the proposed request only to the extent that it 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.
Planning
4
The subject property shall be developed 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 82. and as conditioned herein.
Planning
5
That extensions for further time to complete conditions of
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
Planning
EXHIBIT `B"
VARIANCE NO. 2009 -04761
6
That timing for compliance with conditions of approval
may be amended by the Planning Director upon a showing
of good cause provided (i) equivalent timing is established
that satisfies the original intent and purpose of the
condition(s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of
the use or approved development.
Approval of this application constitutes approval of the
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.
Planning
Planning