Loading...
Resolution-PC 2013-008RESOLUTION NO. PC2013 -008 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY - APPROVED MITIGATED NEGATIVE DECLARATION, TOGETHER WITH MITIGATION MONITFORING PROGRAM NO. 156 AND THE UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 156A, SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND AMENDING CONDITIONAL USE PERMIT NO. 2009 -05403 (TRACKING NO. CUP2009- 05403B) (1800 -1820 SOUTH HARBOR BOULEVARD) WHEREAS, on March 2, 2009, the Planning Commission of the City of Anaheim (herein referred to as the 'Planning Commission ") adopted its Resolution No. PC2009 -038 to permit a nightclub, health spa, murals visible to the public right -of -way, building integrated multi- tenant signs, changeable copy signs and projecting signs, in conjunction with a nine - story, 252 -room hotel with 75,593 square feet of accessory uses on certain real property located at 1800 -1820 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, shown on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Original Project'); WHEREAS, on March 31, 2009, the City Council of the City of Anaheim adopted Resolution No. 2009 -056 granting Conditional Use Permit No. 2009 -05403 for the Original Project; WHEREAS, Conditional Use Permit No. 2009 -05403 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), Variance No. 2008 - 004761, Public Convenience or Necessity No. 2009 - 00056, and Final Site Plan No. 2008 -00004 (collectively, the "Original Entitlements "); and WHEREAS, on July 16, 2012, the Planning Commission approved a request to extend the time to comply with the conditions of approval for the Original Entitlements, including Conditional Use Permit 2009 - 05403, by two years to March 31, 2014 (herein referred to and designated as "Conditional Use Permit 2009-05403A!'); WHEREAS, the Planning Commission did receive a verified petition to further amend Conditional Use Permit 2009 -05403 for the Property to eliminate the previously- approved nightclub, health spa and changeable copy signs and to permit hotel rooms with kitchenettes (herein referred to and designated as "Conditional Use Permit 2009 - 05403E "); WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 28, 2013, 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 Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed 1 - PC2013 -008 Conditional Use Permit No. 2009- 05403B and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission has reviewed proposed Conditional Use Permit No. 2009- 05403B 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 the Original Entitlements, together with the Updated and Modified Mitigation Monitoring Program No. 156A in the form presented at this meeting, 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 Conditional Use Permit No. 2009- 05403; and (iii) no further environmental documentation need be prepared for said amendment. WHEREAS, pursuant to Section 18.60.170.020 of the Anaheim Municipal Code, before granting any request to adopt a conditional use permit or, as in this case, an amendment to a previously- approved conditional use permit, the Planning Commission is required to make, and hereby makes, the following findings: 1. That the proposed use is properly one for which a conditional use permit is authorized. Sections 18.116.070 (Uses — Commercial Recreation (C -R) District (Development Area 1)) and 18.116.160 (Sign Regulations) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) Zoning and Development Standards) of the Anaheim Municipal Code require a conditional use permit for hotel rooms with kitchenettes, murals visible to the public right -of- way, building integrated multi -tenant signs, and projecting signs. 2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The subject property is designated by the General Plan for Commercial Recreation land use and specifically allows the development of up to 252 rooms and 75,593 square feet of accessory uses on the project site. The Commercial Recreation designation is intended to provide for tourist and entertainment - related industries, such as theme parks, hotels, tourist- oriented retail, movie theaters, and other visitor - serving facilities. The proposed use is consistent with this designation and does not exceed the maximum density permitted. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the proposed use is less intense than the development permitted by the General Plan and has been designed to meet all of the development standards of Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) Zoning and Development Standards) of the Anaheim Municipal Code, with the exception of the setback and parking requirements, which are requested to be waived by a proposed amendment to Variance No. 2008 - 04761, now pending. A parking demand analysis has been prepared that indicates that there will be sufficient parking for the proposed use and the type and density of landscaping proposed for the interior setback area is intended to mitigate for reduced setback width. -2- PC2013 -008 4. 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 traffic in the area. A traffic study was prepared for Conditional Use Permit No. 2009 -00056 and the potential impacts were evaluated in the previously- approved Mitigated Negative Declaration, which indicated that project traffic impacts would be less than significant with implementation of the appropriate mitigation measures. The proposed use is less intense than the use currently permitted by Conditional Use Permit No. 2009 -00056 or permitted by the General Plan; and, therefore will not impose an undue traffic burden. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009- 05403B, contingent upon and 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 Conditional Use Permit No. 2009 - 05403B is hereby approved contingent upon and subject to the approval of amendments to Variance No. 2008 - 004761, Public Convenience and Necessity No. 2009 -00056 and Final Site Plan No. 2008 - 00004, now pending; and BE IT FURTHER RESOLVED, that Conditional Use Permit 2009- 05403B is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of Conditional Use Permit 2009- 05403B 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. -3- PC2013 -008 THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of January 28, 2013 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. PRO- TEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 January 28, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 28` day of January, 2013. V � SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -008 EXHIBIT "AT? DEV NO. 201.2 -00141 APN: 137 - 171 -24 137 - 171 -29 137 - 171 -31 W KATELLA AVE 0 J 545' co K � N ca N Q 2 535' an 100 Source. Recorded Tract Maps and /or City GIS, Please note the accuracy is +/_ two to five feet. -5- PC2013 -008 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2009-05403 -6- PC2013 -008 REVIEW BY SIGNED OFF BY NO. CONDITIONS OF APPROVAL MURALS (LIFESTYLE IMAGE DISPLAYS) PRIOR TO ISSUANCE OF BUILDING PERMITS 1 Final plans for the size and configuration of Planning display cases shall be submitted to the Planning Director or his/her designee for review and approval. GENERAL 2 The "lifestyle image displays" shall not Planning/ include any text whatsoever. Code Enforcement 3 The business operator shall obtain approval Planning from the City Planning Director or his /her designee prior to changing the images displayed within the storefront displays. BUILDING INTEGRATED MULTI- TENANT SIGNS AND PROJECTING SIGNS GENERAL 4 Final sign plans shall be submitted to the City Planning Planning Director or his /her designee for review and approval. GENERAL 5 The subject property shall be developed Planning 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 and as conditioned herein. 6 The time period to satisfy conditions of Planning approval shall be two (2) years, commencing immediately following the original expiration date, which was March 31, 2012. Extensions for further time to complete conditions of approval may be granted in accordance with -6- PC2013 -008 -7- PC2013 -008 Section 18.60.170 of the Anaheim Municipal Code, as the same may be amended from time to time. 7 That timing for compliance with conditions of Planning 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. 8 Approval of this application constitutes Planning 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. -7- PC2013 -008