Resolution-PC 2012-045RESOLUTION NO. PC2012 -045
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A PREVIOUSLY- APPROVED MITIGATED NEGATIVE
DECLARATION TOGETHER WITH MITIGATION MONITFORING PROGRAM NO. 156 IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
AMENDING VARIANCE NO. 2008-04761
(TRACKING NO. VAR2009 -04761 A)
(1820 SOUTH HARBOR BOULEVARD)
WHEREAS, on March 2, 2009, the Anaheim City Planning Commission (hereinafter
referred to as the "Planning Commission ") adopted its Resolution No. PC2009 -040 to permit a
Variance from the minimum number of parking spaces and minimum interior setbacks to construct a
nine - story, 252 -room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges,
restaurants, conference /meeting rooms and hotel offices for certain real property located at 1820
South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, shown on
Exhibit A, attached hereto and incorporated herein by this reference (the "Project');
WHEREAS, on March 31, 2009, the Anaheim City Council, adopted Resolution No. 2009-
057 granting Variance No. 2009 -04761 to permit for the Project;
WHEREAS, the Planning Commission did receive a verified Petition to amend Variance No.
2009 -04761 (hereinafter referred to "Variance No. 2009- 04761A ") for an extension of time to
comply with the conditions of approval for the Project;
WHEREAS, Variance No. 2008- 04761 was approved in connection 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, Public
Convenience or Necessity No. 2009 - 00056, and Final Site Plan No. 2008 -00004 (collectively, the
"Entitlements "); and
WHEREAS, on June 22, 2012, an application for an extension of time to comply with the
conditions of approval was timely made in writing (i.e., within six (6) months following the
expiration date of the Entitlements), and was accompanied by the appropriate filing fee.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 16, 2012, 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 amendment to Conditional Use
Permit No. 2009 -05403 and to investigate and make findings and recommendations in connection
therewith; and
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WHEREAS, the Planning Commission has reviewed the proposed amendment to Variance
No. 2008- 04761 and has considered the Mitigated Negative Declaration and the associated
Mitigation Monitoring Program No. 156, which were approved by the Planning Commission and the
City Council in connection with the approval of Variance No. 2008- 04761, and finds and
determines that (i) said environmental documentation is adequate to serve as the appropriate
environmental documentation in connection with this request and satisfies all the requirements of the
California Environmental Quality Act ( "CEQA "); (ii) "none of the conditions described in Section
15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative
declaration have occurred" in connection with the proposed amendment to Variance No. 2008-
04761; and (iii) no further environmental documentation need be prepared for said amendment.
WHEREAS, before granting any request for an extension of time to comply with conditions of
approval pursuant to Section 18.60.170.020 of the Anaheim Municipal Code, the Planning
Commission is required to make, and hereby makes, the following findings:
1. That the extension of time will not extend the approval beyond two (2) extensions,
with each extension not to exceed one (1) year, or any greater or lesser time increment specified in
the original resolution, or written decision if approved by the Planning Director.
2. That the approved project remains consistent with the General Plan and the zone
district designation for the property.
3. That either no amendments to Title 18 of the Anaheim Municipal Code )the "Zoning
Code ") have occurred that would cause the approval to be inconsistent with the Zoning Code, or the
petitioner has: (i) submitted revised plans demonstrating that the approved project can be modified to
bring it into conformance with such amendments to the Zoning Code; and (ii) agreed to modify the
project to conform to such amendments.
4. That the subject property is being maintained in a safe, clean and aesthetically
pleasing condition, with no unremediated code violations on the property, as confirmed by an
inspection of the subject property by the Community Preservation Division. Cost of inspection is
established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code — Community
Preservation Officer — Inspection and Reinspections - Fees) of the Anaheim Municipal Code, and
shall be paid by the applicant prior to consideration of the extension application by the approval
authority.
5. That no additional information or changed circumstances are present which contradict
the facts necessary to support one or more of the required findings for the original approval of the
project.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons
hereinabove stated, does hereby approve the amendment to Variance No. 2009 -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 health, safety and general welfare of the Citizens of the City of
Anaheim.
BE IT FURTHER RESOLVED that approval of the amendment to Variance No. 2008-
004761 is subject to the approval of the amendments to Conditional Use Permit No. 2009 -05403 and
Final Site Plan No. 2008 - 00004; and
BE IT FURTHER RESOLVED, that Variance No. 2008- 004761A is approved without
limitations on the hours of operation or the duration of the use, other than as may be contained in
Variance No. 2008 - 004761. Amendments, modifications and revocations of Variance No. 2008-
004761 may be processed in accordance with Chapter 18.60.190 (Amendment to Permit Approval)
of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the 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 the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice or prior to the issuance of building permits for this project, whichever occurs first.
Failure to pay all charges shall result in delays in the issuance of required permits or the revocation
of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission
meeting of July 16, 2012. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions — General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM CITY PLATING COMMISSION
ATTEST:
G9�1►1[�]iT.�:i :: : ► ..I lu � : ► ► h � r7�iuif.Y.�[�7►
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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 July 16, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of July, 2012.
SENIOR SWRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DES' NO. 2012 -00075
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EXHIBIT `B"
VARIANCE NO. 2008-04761
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
GENERAL
1
The subject property shall be developed substantially in
Planning
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.
2
The granting of the parking variance is contingent upon
Planning
operation of the use in conformance with the assumptions
and /or 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.
3
The approval of this application constitutes approval of
Planning
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.
4
The subject property shall be developed substantially in
Planning
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.
5
The time period to satisfy conditions of approval shall be
Planning
two (2) years, commencing immediately following the
original expiration date, which was March 31, 2012.
Extensions for further time to complete conditions of
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approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code, as the same
may be amended from time to time.
6
That timing for compliance with conditions of approval
Planning
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.
7
Approval of this application constitutes approval of the
Planning
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.
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