Resolution-PC 2013-009RESOLUTION NO. PC2013 -009
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 VARIANCE NO. 2008 -04761
(TRACKING NO. VAR2009- 04761B)
(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 -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 1800-
1820 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference
(the "Original Project'); and,
WHEREAS, on March 31, 2009, the City Council of the City of Anaheim adopted
Resolution No. 2009 -057 granting Variance No. 2009 -04761 for the Original Project; and,
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
"Original Entitlements "). Variance No, 2008- 04761 approved 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); 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 Variance No.
2008 - 04761, by two years to March 31, 2014 (herein referred to and designated as "Variance No.
2008- 04761A "); and,
WHEREAS, the Planning Commission did receive a verified petition to further amend
Variance No. 2009 -04761 (hereinafter referred to "Variance No. 2009- 04761B ") to revise the
parking waiver to reflect a revised project to construct a five -story, 252 -room hotel with 28,647
square feet of accessory uses (334 spaces required; 261 spaces proposed); and,
- 1 - PC2013 -009
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 Variance No. 2008 -
04761B and to investigate and make findings and recommendations in connection therewith; and,
WHEREAS, the Planning Commission has reviewed proposed Variance No. 2008- 04761B
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 Variance No. 2008-
04761; and (iii) no further environmental documentation need be prepared for said amendment; and,
WHEREAS, pursuant to Section 18.74.060 of the Anaheim Municipal Code, before granting
any request for a parking variance or, as in this case, an amendment to a previously- approved
variance, the Planning Commission is required to make, and hereby makes, the following findings:
1. That the variance, under the conditions imposed, if any, 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. A parking waiver was previously approved by Variance No.
2008 - 04761. This waiver was based upon the findings of a Parking Impact Analysis prepared
Linscott, Law and Greenspan (LLG). This analysis has been updated by LLG to reflect the proposed
project. The analysis, which utilizes the Urban Land Institute's Shared Parking 2 nd Edition
publication, concludes that peak parking demand will be 209 parking spaces; 261 parking spaces are
proposed. The off - street parking area provided by the proposed project will provide sufficient
parking to accommodate the forecast parking demand; and
2. That the variance, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
The off - street parking area provided by the proposed project will provide sufficient parking to
accommodate the forecast parking demand. There are no curbside parking spaces available along
the project frontage, on Harbor Boulevard or Katella Avenue, except for buses and taxis; therefore,
there will be no parking overflow onto the public streets; and
3. That the variance, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use. The off -street parking area provided by the proposed project will provide sufficient
parking to accommodate the forecast parking demand; and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off - street parking areas or lots provided for the proposed use. The off - street
parking area will provide sufficient parking to accommodate the forecast parking demand. There
will be on gated access point into the parking garage. The drive aisles through this site are sufficient
to accommodate the site's anticipated traffic, and congestion is anticipated to occur and
-2- PC2013 -009
5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use. The site will not impact the ingress or egress from any adjacent uses to the public
streets. The proposed access driveways are in generally the same location as the existing access
driveways, such that no significant access changes are contemplated.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons
hereinabove stated, does hereby approve Variance No. 2009 - 0476113, 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 Variance No. 2008- 004761B is hereby
approved contingent upon and subject to the approval of the amendments to Conditional Use Permit
No. 2009 - 05403, Public Convenience or Necessity No. 2009- 00056, and Final Site Plan No. 2008-
00004, now pending; and
BE IT FURTHER RESOLVED, that Variance No. 2008- 004761B is approved without
limitations on the hours of operation or the duration of the use. 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 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.
CHAIR PRO- 'IVMPORE, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2013 -009
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.
SENIOR StCRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2013 -009
EXHIBIT "Arr
DEV NO. 2012 -00141
APN: 137 - 171 -24
137- 171 -29
137- 171 -31
W KATELLA AVE
545'
m
� N
O
m N
a
Q
= 535'
N
a rnn
Source: Recorded Tract Maps and/or City GIS.
-> Please note the accuracy is +/_ two to five feet.
-5- PC2013 -009
EXHIBIT `B"
VARIANCE NO. 2008-04761
-6- PC2013 -009
SIGNED
REVIEW BY
OFF BY
NO.
CONDITIONS OF APPROVAL
GENERAL
1
The subject property shall be developed
Planning
substantially in accordance with plans submitted to
the City of Anaheim by the applicant and which
plans are on file with the Planning Department and
as conditioned herein.
2
The granting of the parking variance is contingent
Planning
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
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
Planning
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.
4
The time period to satisfy conditions of approval
Planning
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 Section 18.60.170 of the
-6- PC2013 -009
-7- PC2013 -009
Anaheim Municipal Code, as the same may be
amended from time to time.
5
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.
6
Approval of this application constitutes approval
Planning
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 -009