Resolution-PC 2012-024RESOLUTION NO. PC2012 -024
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 3, 5 AND 11 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05573
AND VARIANCE NO. 2011 -04870
(DEV2011- 00092)
WHEREAS, the Planning Commission did receive a City- initiated request to
approve Conditional Use Permit No. 2011 -05573 and Variance No. 2011 -04870 to permit and
retain a parking lot with landscape setbacks, parking space design, and parking lot landscaping
that is less than required by code; and
WHEREAS, this 0.62 -acre property is a remnant of two parcels that were
purchased by the City to accommodate the construction of the Gene Autry Way overpass project.
The property is partially developed with a surface parking lot. The property is located in the
Anaheim Resort Specific Plan, Development Area 1 (Commercial Recreation) and the Anaheim
General Plan designates the property for Commercial Recreational land uses; and
WHEREAS, the Planning Commission did initiate, by motion, this request on
October 10, 2011; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 7, 2011, at 5:00 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 proposed
conditional use permit to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, the Planning Commission, by motion, continued the public hearing
for the conditional use permit and variance to December 19, 2011, and to January 18, 2012, at
the request of the property owners of the Staybridge Suites and Holiday Inn property, and
subsequently to February 27, 2012 and March 12, 2012 at the request of staff; and
WHEREAS, due to the length of time that had transpired since the project's initial
hearing date, staff distributed another set of public notices for the March 12, 2012 hearing, and
Planning Commission, by motion, continued the public hearing for the conditional use permit
and variance to March 26, 2012; and
WHEREAS, said Planning Commission, after due inspection, investigation and
study made by itself and on its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request to permit and retain a parking lot with
landscape setbacks, parking space design, and parking lot landscaping that is less than required
by code should be approved for the following reasons:
- 1 - PC2012 -024
1. The proposed request to permit and retain a parking lot in the Anaheim Resort
Specific Plan, Development Area 1 (C -R District) is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.116.070.040 — Table 116C
(Automotive — Parking Lots or Parking Structures /Garages).
2. The proposed conditional use permit to permit a parking lot, as conditioned
herein, would not adversely affect the adjoining land uses and the growth and development of the
area in which it is proposed to be located because the parking lot serves to replace parking spaces
that were removed to accommodate the Gene Autry Way Overcrossing project and the proposed
surface parking lot does not preclude future development of the property.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed parking lot in a manner not detrimental to the particular area or to the health and
safety because the parking lot is designed to take advantage of access from an existing driveway
on Manchester Avenue and is designed in a manner that will allow safe and efficient vehicular
circulation and is compatible with the design of the adjacent parking spaces serving the Holiday
Inn and Staybridge Suites property.
4. The parking lot will not generate additional traffic that could cause an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the parking lot is intended to replace parking spaces that previously served the adjacent
Holiday Inn and Staybridge Suites and will not generate any additional traffic trips.
5. The granting of the conditional use permit and the variance under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed parking lot will be compatible with the surrounding area because the use is
integrated with hotels and existing parking areas and is not a health or safety risk to the citizens
of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit landscape setbacks, parking space design, and parking lot
landscaping that is less than required by code should be approved for the following reasons:
SECTION NO. 18.116.090.020 Minimum landscape setbacks adjacent to
Manchester Avenue and Gene Autry Way.
(20 feet required; 2 to 20 feet proposed).
SECTION NO. 18.116.090.040 Minimum landscape setback adjacent to interior
property line. (10 feet required; 0 feet
proposed).
SECTION NO. 18.116.140.110 Minimum parking space design.
(No overhang permitted; 2 foot overhang
proposed).
SECTION NO. 18.116.140.020 Minimum parking Iot landscaping.
AND 18.116.140.090 (9 trees in planters required; 6 trees proposed).
- 2 - PC2012 -024
1. That there are special circumstances applicable to the property, including size,
shape, location and surroundings, which do not apply to other property under identical zoning
classification in the vicinity that result in limited and inefficient use of the property if it were
developed in conformance with development standards. The property is a small, triangularly -
shaped property immediately adjacent to the Gene Autry Way Overcrossing. The size and shape
of the property limit the efficiency of independent design for the parcel, rendering it appropriate
for joint use with existing surface parking improvements on adjacent properties, and the location
of the parking lot adjacent to Gene Autry Way overpass presents a unique situation where a
landscape setback is unnecessary due to the grade difference between the parking lot and Gene
Autry Way.
2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under identical zoning
classification in the vicinity. Numerous properties within the Anaheim Resort Specific Plan
along Manchester Avenue have landscape setbacks that are less than required by code due to the
widening of the I -5 freeway and realignment of Manchester Avenue.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303 (Class 3 - New Construction), Section 15305 (Class 5 - Minor
Alterations) and Section 15311 (Class 11 - Accessory Structures) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2011 -05573 and Variance No.
2011 -04870 and subject to the conditions of approval described in Exhibit `B" attached hereto
and incorporated 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 health, safety and general welfare of
the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
- 3 - PC2012 -024
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
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 approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code, except as approved by this action, and any other applicable City, State and Federal
regulations.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 9, 2012.
]d ar)-1/1)
CHAIRMAN PRO TEMPORE, ANAHEIM 'ITY PLANNING COMMISSION
2
ATTEST:
SENIOR SgeRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2012 -024
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 resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on April 9, 2012, by the following vote of the members thereof:
AYES:. COMMISSIONERS: FAESSEL, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: BOSTWICK, LIEBERMAN
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 9` day of April, 2012.
SENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION
5 PC2012 -024
EXHIBIT "A"
DEV NO. 2011 -00092
APN: 137 - 321 -33
137- 321 -34
0 SD !Oq
1cr.[
E TANGFRINF IN
E WAKEFIELD AVE
FTANGFRINF IN
F LFATRICF LN
E RIVLRA LN
FUTURE GENE AUTRY
WAY OVERPASS
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +l- two to five feet.
-6
PC2012 -024
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
The parking lot will be constructed and retained substantially
in accordance with Exhibit No. 1 (Site /Landscape Plan) and
which plan is on file with the Planning Department.
Public
Works
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05573
AND VARIANCE NO. 2011-04870
(DEV2011- 00092)
7 PC2012 -024