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Resolution-PC 2013-018RESOLUTION NO. PC2013 -018 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012-05627, VARIANCE NO. 2012-04907 AND FINAL SITE PLAN NO. 2012 -00005 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00089) (1630 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012- 05627, Final Site Plan No. 2012 -00005 and Variance No. 2012 -04907 to construct a third story addition to an existing hotel to accommodate a breakfast room and fitness facility (the "Project') with a variance from interior and street setback requirements from the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 1630 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 1.17- acres, is developed with the Anaheim Inn Hotel. The Property is located in the SP92 -2 Anaheim Resort Specific Plan Zone. The Anaheim General Plan designates the Property for Commercial Recreation land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 11, 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 Code, 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, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Project on the Property does find and determine the following facts: - 1 - PC2013 -018 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Resort Specific Plan (SP92 -2), subject to the approval of Variance No. 2012 -04907 and the conditions of approval. 2. 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 because the expansion of the existing hotel will not create any additional impacts to the surrounding properties. 3. 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 expansion incremental and is similar to the existing building footprint. 4. 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 because the breakfast and fitness rooms will only serve the existing guests of the hotel and will not be open to the public and therefore will not generate any additional traffic. 5_ The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the project is an expansion of an existing hotel and will not create any additional impacts to the surrounding properties. 6. That the request to construct the Project complies with the Anaheim Resort Specific Plan (SP92 -2), subject to the approval of Variance No. 2012 -04907 and the conditions of approval. 7. The design and layout of the proposed Project will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 8. The architectural design of the proposed Project is compatible with the character of the surrounding hotels and development located within the land area of the Anaheim Resort Specific Plan. 9. The design of the proposed Project will provide a desirable environment for its occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained. 10. The proposed Project will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity of the proposed Project. -2- PC2013 -018 WHEREAS, the Planning Commission does further find and determine that the variance request from setback requirements should be approved for the following reasons: (a) SECTION NO. 18.116.090.020 AND 18.116.090.040 Minimum building setbacks (10 feet required; 0 -5 feet proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project that result in limited and inefficient use of the Property if it were developed in conformance with development standards. The Property is narrow and rectangular in shape with a lot width that is significantly less than the Code required width. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity as there are many hotels in the vicinity that are developed with buildings located in the interior and street setback area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim as follows: 1. The Planning Commission does hereby approve Conditional Use Permit No. 2012- 05627, Variance No. 2012 -04907 and Final Site Plan No. 2012 -00005 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 Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. 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 conditions, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 2. Any amendment, modification or revocation 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 Code. 3. The 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. -3- PC2013 -018 4. Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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. 5. 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 11, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. M yyuc Gram CHAIR, ANAHEIM CITY Pl- dNG COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 February 11, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 11` day of February, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -018 EXHIBIT "A" DEV NO. 2012-00089 APN: 082 - 211 -10 0 J m GC 5913 m � 596' a W DISNEY WAY O =" Source: Recorded Tract Maps and /or City G. , Please note the accuracy Is +/- two to five feet. -5- PC2013 -018 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2012-05627 VARIANCE NO. 2012-04907 AND FINAL SITE PLAN NO. 2012-00005 (DEV2012- 00089) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The property owner /developer shall submit street improvement Public Works plans for landscape and irrigation to the Public Works Department, Department, Development Services Division and a bond shall be posted to Development guarantee the construction of all public works improvements. The Services Division landscape and irrigation improvement plans shall be prepared in accordance with the Anaheim Resort Specific Plan for Harbor Blvd, and Public Works Landscape and Irrigation Manual for Public Street and Highway. The improvements shall be constructed prior to final building and zoning inspections. 2 The property owner shall irrevocably offer to dedicate to the City Public Works of Anaheim an easement 72- feet in width from the centerline of Department, Harbor Blvd for road, public utilities, and other public purposes for Development landscape and irrigation improvements as required per the Services Division Anaheim Resort Specific Plan. 3 The legal property owner shall submit an application for a Public Works Subdivision Map Act Certificate of Compliance to the Public Department, Works Department, Development Services Division. A Certificate Development of Compliance or Conditional Certificate of Compliance shall be Services Division reviewed by the City Surveyor and, upon approval, recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 4 That the developer /owner shall submit to the Water Engineering Public Utilities, Public Utilities Department an estimate of the maximum fire flow Water rate and maximum day and peak hour water demands for the Engineering project. This information will be used to determine the adequacy of Division the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 5 The applicant/property owner shall contact Water Engineering for Public Utilities, recycled water system requirements and specific water Water conservation measures to be incorporated into the building and Engineering landscape construction plans. Division ONGOING DURING CONSTRUCTION 6 All entrances to parking areas shall be posted with appropriate Police signs per 22658(a) C.V.C., to assist in removal of vehicles at the Department property owners /managers request. -6- PC2013 -018 7 "No Trespassing 602(k) P.C." posted at the entrances of parking Police lots /structures and located in other appropriate places. Signs must Department be at least 2' x 1' in overall size, with white background and black 2" lettering. 8 Rooftop address numbers for the police helicopter. Minimum size Police 4' in height and 2' in width. The lines of the numbers are to be a Department minimum of 6" thick. Numbers shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. 9 Complete a Burglary /Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial Department alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 10 No signs advertising the breakfast or fitness facilities shall be Planning permitted that are visible from the public right -of -way. Department, Planning Services 11 The subject Property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Department, Anaheim by the petitioner and which plans are on file with the Planning Services Planning Department, and as conditioned herein. 12 Extensions for further Lime to complete conditions of approval may Planning be granted in accordance with Section 18.60.170 of the Anaheim Department, Municipal Code. Planning Services 13 That timing for compliance with conditions of approval may be Planning Department, amended by the Planning Director upon a showing of good cause Planning Services 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. 14 Approval of this application constitutes approval of the proposed Planning request only to the extent that complies with the Anaheim Department, Planning Services 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 -018