Resolution-PC 2014-103RESOLUTION NO. PC2014 -103
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05754 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00083)
(2232 SOUTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05754
to operate a tour bus company with on -site office, ticketing, customer pick up and bus storage, or
"Transportation Facility" (referred to herein as the "Proposed Project ") located at 2232 S. 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 is approximately 4.9 acres in size and is currently
developed with a restaurant/bar and dinner theater building. 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 Development Area 1 of the Commercial Recreation (C -R) District of 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, 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 (i.e.,
Class 1 — Existing Facilities) 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; and
WHEREAS, on November 17, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim
Municipal Code (the "Code "), to hear and consider evidence for and against proposed
Conditional Use Permit No. 2014 -05754 and to investigate and make findings and
recommendations in connection therewith; and
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 Proposed Project, does find and determine the
following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized as a "Transportation Facility" under Table 116 -C of Section No. 18.116.070 of the
Code.
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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 Property
has more than adequate space on -site for the storage of buses and they are proposed in locations
that would minimize noise to adjacent properties. The office and administration activities are
proposed within the existing building without any proposed expansion or changes to the interior
floor plan;
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area, nor to the health, safety and
general welfare of the public because the Property is currently developed with a commercial
building to be occupied by the tour company administrative offices and ticketing. The Proposed
Project would not conflict with the activities of the existing restaurant/bar and dinner theater
because ticketing and operation for the two uses occur at different times; 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. Part of the operations of the facility include pick up of customers in the vans and buses
so the uses would not generate traffic from customers coming on -site; 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 and will provide a
land use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014 - 05754, 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 that
portion of the Property to be used for the Proposed Project 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 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.
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BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
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 November 17, 2014. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHA RMAN, PLANNINQCIOMMIS SION
OF T E CITY OF A AHE
ATTEST:
�z
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on November 17, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of
November, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00083
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05754
(DEV2014- 00083)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO
COMMENCEMENT OF OPERATIONS
1
Existing directional signage on the north building wall shall be
Planning Department,
relocated to the planters across the drive aisle such that their visibility
Planning Services
is not blocked by parked buses.
Public Works,
Traffic Engineering
2
The applicant shall work with staff to identify an appropriate location
Planning Department,
to park the seven vans in the northwest quadrant of the property.
Planning Services
Public Works,
Traffic Engineering
OPERATIONAL
CONDITIONS
3
Up to two full -size buses and seven vans may be parked on -site.
Planning Department,
Parking for said vehicles shall be limited to the following areas:
Planning Services
- Two full -size buses: Adjacent to the north side of the building,
Planning Department,
toward the rear of the building.
Code Enforcement
- Seven vans: Northwest quadrant of the property, in a location
Division
approved by City staff.
No vehicles associated with the tour bus company shall be
parked behind the building, which is reserved for employees of
the restaurant and dinner theater.
4
Approval of this permit allows one tour bus company to operate on-
Planning Department,
site.
Planning Services
Division
5
No vehicle washing, repair, or maintenance is permitted on -site.
Planning Department,
Code Enforcement
Division
6
Buses and vans shall not idle or run for longer than 15 minutes.
Planning Department,
Code Enforcement
Division
7
The operators of the tour company and dinner theater shall coordinate
Planning Department,
on event nights to determine whether buses should park off -site.
Code Enforcement
Division
8
No portable signs shall be utilized to advertise the tour bus facility.
Planning Department,
Code Enforcement
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
The property shall be permanently maintained in an orderly fashion
Planning Department,
through the provision of regular landscaping maintenance, removal of
Code Enforcement
trash or debris, and removal of graffiti within twenty four (24) hours
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from time of occurrence.
GENERAL CONDITIONS
10
The subject Property shall be developed substantially in accordance
Planning Department,
with plans and specifications submitted to the City of Anaheim by the
Planning Services
petitioner and which plans are on file with the Planning Department,
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and as conditioned herein.
11
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department,
and its officials, officers, employees and agents (collectively referred
Planning Services
to individually and collectively as "Indemnitees ") from any and all
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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.
12
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building
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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.
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