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Resolution-PC 2014-027RESOLUTION NO. PC2014 -027 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY - CERTIFIED FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008 -00340 SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2013 -05661 AND FINAL SITE PLAN NO. 2014 -00001 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00029) (1544 -1550 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. 2013- 05661 and Final Site Plan No. 2014 -00001 to construct a 950 square foot storage room and remodel an existing restaurant with a side yard setback less than required by code (herein referred to as the "Proposed Project ") for certain real property located at 1544 -1550 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 "Property "); and WHEREAS, the Property, consisting of approximately 2.3 acres, is developed with a hotel and restaurant. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2). As such, the Property is located in the Anaheim Resort Specific Plan Zone and is subject to the zoning and development standards described in Chapter 18.116 of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 24, 2014 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 No. 2013 -05661 and Final Site Plan No. 2014 -00001 to investigate and make findings and recommendations in connection therewith; and WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long -range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area's potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor - serving uses as well as the infrastructure improvements that are needed to support future development; and WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan, the City Council certified Master Environmental Impact Report ( "MEIR No. 313 "); and -1- PC2014 -027 WHEREAS, by Resolution No. 2012 -158, the City Council certified Final Supplemental Environmental Impact Report No. 2008 -00340 ( "Final EIR No. 340 ") for (a) Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010 - 00060), (b) an amendment to the Anaheim General Plan (General Plan Amendment No. 2010- 00482), (c) Zoning Code Amendment No. 2010 - 00093, (d) Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010 - 00484), (e) Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010 - 00478), (f) Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010 - 00479), and (g) a Water Supply Assessment (Miscellaneous Case No. 2010- 00421), which entitlements permitted the maximum build -out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meetingiballroom space; 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 Final EIR No. 340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to Final EIR No. 340 have occurred; specifically: a. There have not been any substantial changes in the project analyzed in Final EIR No. 340 that require major revisions of Final EIR No. 340 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of Final EIR No. 340 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and C. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time Final EIR No. 340 was certified as complete was adopted, that shows any of the following: (a) the Proposed Project will have one or more significant effects not discussed in Final EIR No. 340; (b) significant effects previously examined will be substantially more severe than shown in Final EIR No. 340; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the project proponents decline to adopt the mitigation measures or alternatives; or (d) mitigation measures or alternatives which are considerably different from those analyzed in Final EIR No. 340 would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives. 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 Proposed Project on the Property does find and determine the following facts: -2- PC2014 -027 1. The proposed conditional use permit request to construct a 950 square foot storage room with smaller landscaped and structural setbacks than required by Code in the Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) is properly one for which a conditional use permit is authorized under Section 18.116.020 (General Provisions) of the Code; and 2. The Proposed Project 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 Proposed Project is consistent and compatible with existing resort and tourism related uses in the zone; and 3. The size and shape of the site for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the Proposed Project would be adjacent to an existing restaurant to the south; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use; and 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 as the proposed land use will be integrated with the surrounding commercial area and would not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. WHEREAS, the Planning Commission does further find and determine that the request for a Final Site Plan should be approved for the following reasons: 1. Subject to compliance with the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and layout, complies with the Anaheim Resort Specific Plan No. SP92 -2 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the Code, with the exception of the conditional use permit request as described herein. 2. 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. 3. 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. 4. 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. 5. 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. -3- PC2014 -027 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013 -05661 and Final Site Plan No. 2014 - 00001, contingent upon and subject to the conditions of approval, which are described in Exhibit B , and attached hereto and incorporated herein by this reference. Said conditions 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 condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that 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. 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 24, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) 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, ANAHEIM CITY PL NNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2014 -027 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 March 24, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 24"' day of March, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2014 -027 EXHIBIT "A'r DEV NO. 2013 -00029 -6- PC2014 -027 `.., Source: Recorded Tract Maps and /or City GIS. -. Please note the accuracy is +/- two to five feet. EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2013-05661 FINAL SITE PLAN NO. 2014-00001 (DEV2013- 00029) -7- PC2014 -027 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO ISSUANCE OF BUILDING PERMITS 1 All air conditioning facilities and other roof and ground- mounted equipment shall be shown on plans as shielded from public view and the Planning and sound buffered to comply with City of Anaheim noise ordinances from any Building adjacent residential or transient- occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. 2 All requests for new water services or fire lines, as well as any Public Utilities modifications, relocations or abandonments of existing water services and Department fire lines shall be coordinated through the Public Utilities Department, Water Water Engineering Division. Engineering 3 Plans shall show that trash storage areas shall be provided and maintained in a location acceptable to the City of Anaheim Department of Public public Works Works, Operations Division. On an ongoing basis, trash storage areas shall Streets and be provided and maintained in accordance with approved plans on file with Sanitation said Department. 4 That conditions of approvals associated with this entitlement shall be prominently displayed on plans submitted for permits. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 5 That prior to final building and zoning inspection, fire lanes shall be posted Planning and with "No Parking Any Time." Said information shall be specifically shown Building on plans submitted for building permits. GENERAL /ONGOING DURING PROJECT CONSTRUCTION 6 The subject Property shall be developed substantially in accordance with Planning 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. 7 Any graffiti painted or marked upon the premises or on any adjacent area Code under the control of the licensee shall be removed or painted over within 24 Enforcement hours of being applied. -7- PC2014 -027 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 8 The Applicant shall defend, indemnify, and hold harmless the City and its Planning officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 9 The applicant is responsible for paying all charges related to the processing Planning of this discretionary case application within 30 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 may result in the revocation of the approval of this application. -8- PC2014 -027