Resolution-PC 2020-028RESOLUTION NO. PC2020-028
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2020-111 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2019-00173)
(1150 WEST MAGIC WAY)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for the approval of Tentative Parcel Map No. 2020-
111 for condominium purposes to allow the sale of Vacation Ownership Resort Units for that
certain real property commonly referred to as 1150 West Magic Way 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, Tentative Parcel Map No. 2020-111 is proposed in conjunction with
request (1) Conditional Use Permit No. 2020-06054 to allow for the construction of Vacation
Ownership Resort (VOR) units and (2) Final Site Plan No. 2020-00001 to construct a twelve -story,
350 -unit VOR within the existing Disneyland Hotel property. Conditional Use Permit No. 2020-
06054, Final Site Plan No. 2020-00001, and Tentative Parcel Map No. 2020-111 shall be referred
to herein collectively as the "Proposed Project"); and
WHEREAS, the Property is approximately 1.77 acres in size, located within the
Disneyland Hotel campus and is currently improved with an event lawn, guest fitness and laundry
facilities, and back of house maintenance shops. The Land Use Element of the Anaheim General
Plan designates the Property for Commercial Recreation land uses. The Property is located in the
Hotel District (Development Area 2) of the Disneyland Resort Specific Plan (SP92-1).
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 20, 2020, 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 17.08 of the Code, to
hear and consider evidence and testimony for and against the Proposed Project and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
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WHEREAS, an Addendum to FEIR No. 311, dated June 2020 (herein referred to as the
"Addendum"), a copy of which is on file in the Planning Department and incorporated herein by
this reference as though fully set forth, has been prepared pursuant to the provisions of Section
15164 of the CEQA Guidelines in order to determine whether any significant environmental
impacts which were not identified in FEIR No. 311 would result or whether previously identified
significant impacts would be substantially more severe in connection with the Proposed Project;
and
WHEREAS, the Planning Commission, after due consideration, inspection, investigation
and study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing pertaining to the request to approve Tentative Parcel Map No. 2020-111,
does find and determine the following facts:
1. That the proposed map, as shown on proposed Tentative Parcel Map No. 2020-111,
is consistent with the General Plan land use designation of Commerical Recreation and the
Disneyland Resort Specific Plan since, even with the Proposed Project's 350 vacation ownership
resort units and other existing hotel room development, the DRSP will continue to allow the
development of 3,258 hotel rooms in the Hotel District of the DRSP after development of the
Project.
2. That the design or improvement of the proposed subdivision is consistent with the
General Plan and applicable specific plan. The Applicant submitted a matrix demonstrating
compliance of the Proposed Project with all relevant goals, policies and objectives as well as
development standards of the DRSP. The Proposed Project complies with DRSP's Hotel District
Concept Plan, lighting and signage restrictions, pedestrian access requirements, design and
material requirements, and rooftop equipment screening requirements. The Project also complies
with the plant selection requirements specified in Section 5.0, Design Plan, of the DRSP.
Furthermore, the Project complies with the structural height and area limitations set forth in
Section 18.114.070 of the City of Anaheim Municipal Code, including the maximum permitted
structural height of forty feet at the required setback from Walnut Street, the sky exposure plane
requirement, interior structural setback and yard requirements, a thirty foot setback from the
abutting right-of-way on Walnut Street, and the minimum landscape and open space requirements.
3. That the site is physically suitable for the type of development since the Proposed
Project would comply with all relevant goals, policies and objectives as well as development
standards of the DRSP.
4. That the site is physically suitable for the proposed density of development since,
even with the Proposed Project's 350 vacation ownership resort units and other existing hotel room
development, the DRSP will continue to allow the development of 3,258 hotel rooms in the Hotel
District of the DRSP after development of the Project.
5. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat since the Proposed Project is within an urban environment.
6. That the design of the subdivision or type of improvements are not likely to cause
serious public health problems since the Proposed Project would comply with the City's storm
drain, water main and sewer requirements.
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7. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of, property within the
proposed subdivision.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Tentative Parcel Map No. 2020-111, contingent upon and subject to the conditions of
approval set forth in Exhibit B 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.
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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 20, 2020. Said Resolution is subject to the appeal provisions set forth in Section
17-08. 100 of the Code pertaining to apml procedures and may be replaced by a City Council
Resolution, in the event of an appeal.
F F
.J ----
ATTEST:
SECRETARY, PLANNING
OF THE CITY OF ANAHELY,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, Eleanor Mortise Sreary of the Planning Commission of the City of Anahcim, do
hereby certify that the foregoing resolution was passed and adopted at a meetizig of the Nwmmg
Conw-iission of the City of Anaheim held on July 209 20208 by the following vou of the
members thereof
AM: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEFKS,
MULLEADY, VADODARJA, WHITE
NOE& COMMISSIONERS: NONE
ABSENT: CONIMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20'h day of July, 2020.
PC2020-028
EXHIBIT "A"
DEV 10. 2019-00173
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2020-111
(DEV2019-00173)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE PARCEL MAP
1
All existing structures in conflict with the future property lines shall be
Public Works,
demolished. The developer shall obtain a demolition permit from the
Development
Building Division prior to any demolition work.
Services
2
The developer shall submit improvement plans, for the construction of
Public Works,
required public improvements, including the existing driveway
Development
replacement for ADA compliance and the removal of an existing ADA
Services
ramp, to the Public Works Development Services Division for review,
approval, and to determine the bond amounts.
3
The Parcel map shall be submitted to the City of Anaheim, Public Works
Public Works,
Development Services Division and to the Orange County Surveyor for
Development
technical correctness review and approval.
Services
4
The developer shall execute a maintenance covenant with the City of
Public Works,
Anaheim in a form that is approved by the City Engineer and the City
Development
attorney for the private improvements including but not limited to private
Services
utilities, drainage devices, parkway and slope landscaping and irrigation,
private street lights, etc. in addition to maintenance requirements
established in the Water Quality Management Plan (WQMP) as
applicable to the project. The covenant shall be recorded concurrently
with the Parcel Map.
5
Provide a Monumentation bond in an amount specified in writing by a
Public Works,
Licensed Land Surveyor of Record.
Development
Services
6
Comply with all applicable requirements of the Anaheim Municipal
Public Works,
Code.
Development
Services
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