Resolution-PC 2006-59• ~
: RESOLUTION NO. PC2006-59
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05103 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County'of Orange, State of California,
described as:
PARCEL 1 OF LOT LINE ADJUSTMENT NO. 287, lN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, WHICH RECORDED SEFTEMBER 16, 1992 AS
INSTRUMENT N0. 92-621127, OFFICIAL RECORDS
EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE CITY
OF ANAHEIM IN DEED RECORDED DECEMBER 26. 1996 AS INSTRUMENT NO. 96-
0649602, OFFICIAL RECORDS.
° PARCEL 2 OF LOT LINE ADJUSTMENT N0. 287,1N THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, WHICH RECORDED SEPTEMBER 16, 1992 AS
INSTRUMENT NO. 92-621127, OFFICIAL RECORDS
EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THECITY
OF ANAHEIM IN DEED RECORDED DECEMBER 26. 1996 AS INSTRUMENT NO. 96-
0649602, OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 26, 2006, at 2:30 p.m., notice of said public hearing having beerr duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and s4udy made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.116A70.050.0506 to permit a temporary parking lot.
2. That the temporary parking lot is existing and has not adversely affected the adjoining land
uses or the growth and development of the area because the temporary parking lots have been well
maintained and operated in compliance with all mitigation measures and conditions of approvat; and has
served to meet the parking demands of the Disney theme parks and the Anaheim Convention Center.
3. That 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 since this use has been operating
in the substantially same manner, in conformance with all conditions and mitigation measures since it was
originally approved in 2001.
4. That the traffic generated by the temporary parking lot will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area as there is adequate ingress
and egress to the site and there have been no documented traffic problems during the operation of the
current temporary parking lots. ,
Cr\PC2006-59 -1- PC2006-59
• ' •
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. '
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposed temporary parking lot and does herby find that the projecYs
environmental effects are within the parameters, assumptions and time frames analyzed in the previously
certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan and that the Mitigation
Monitoring Plan No. 043 for the project has incorporated those mitigation measures included in the Anaheim
Resort Mitigation Monitoring Program No. 0085 that are applicabfe to the project.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does ,
hereby grant subject Petition for Conditional Use Permit, upon the following' conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in orderto preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That this permit shall expire on June 26, 2011. '
2. That the property owner/developer shall be responsible for compliance with all of the mitigation
measures set forth in Mitigation Monitoring Plan No. 043 for this project which incorporates those
mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No: 0085 that
are applicable to the project, and for complying with the monitoring and reporting requirements
established by the City in compliance with Section 21081.6 of the Public Resources Code. :
3. That the parking lots shall operate in compliance with the conclusions set forth in theAcoustical ` .
Evaluation of the Temporary Parking Lots SP-3B and SP-8 prepared by Gordon Bricken &
Associates and dated March 24, 2001 (as revised on May 29, 2001) and that at no time shall the
sound levels of the temporary parking lot exceed 60dBA at any exterior project property lines. '
4. That the subject property shall be developed and maintained substantially in accordance with the :
plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on
file with the Planning Departmenf marked Exhibit Nos. 1 through 2, and as conditioned herein.
5. 7hat 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 andFederal
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.
BE IT FURTHER RESOLVED that the Anaheim 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 cou~t 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.
i !
THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of
June 26, 2006. Said resolution is subject to the appeal provisions set fodh in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN PRO TEMPORE,'ANAHEIM PLANNING COMMISSION
ATTEST:
-~~' -- ~~ '~a
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 26, 2006, by the following vote of the members thereofi:
AYES: COMMISSIONERS: BUFFA, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
W WITNESS WHEREOF, I have hereunto set my hand this /~~ day of
~ , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION