Resolution-PC 96-19RESOLUTION NO. PC96-19
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3819 BE GRANTED
WHEREAS, the Anaheim City Planning Commfssion did receive a verified Petition for
Conditional Use Permit for certain reai property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL B1: THE NORTH 85.00 FEET OF THE WEST 750.000 FEET OF THE
EAST 440.00 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER AND THE WEST 150.00 FEET OF THE EAST 440.00
FEET OF THE SOUTH 15 FEET OF THE NORTH HALF OF THE SOUTH HALF OF
THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, SATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B2: THE NORTH 85.00 FEET OF THE WEST 50.00 FEET OF THE EAST
290.00 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER AND THE SOUTH 15.00 FEET OF THE WEST 50.00 FEET OF THE
EAST 290 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF SECTION 22 IN TOWNSHIP 4 SOUTH RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL C1: THE NORTH 85.00 FEET OF THE EAST 240.00 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL C2: THE SOUTH 15.00 FEET' OF THE EAST 240:00 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
~UARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 70 WEST, IN THE -. .
RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS
PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 5, 1996 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provis(ons of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditionai use permit and to
investigate and make findings and recommendations in connection therewith; and
CR2591 MS.WP -1- PC96-19
WHEREAS, said Commission, after due Inspection, investigation and study made by itseif
and in its behaif, 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 fs authorized by
Anaheim Municipal Code Section 18.79.090.135 to permit a temporary sales office in conjunction with the
conversion of an existing hotel to a vacation ownership resort facility;
2. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located;
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
4. That the traffic generated by the proposed use wfll not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
5. That the granting of the conditfonal use permit, under the conditfons imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anahe(m; and
6. That no one indicated their presence at said public hearing fn opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the Mitigated Negative Deciaration
previously approved in connection with Conditional Use Permit No. 3879 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgement of the lead agency and that it has considered the previously approved
Mitigated Negative Declaration together with any comments received during the public revfew process and
further finding on the basis of the initial study and any comments received that there is no substantial
evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City 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 order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the two exist(ng driveways on Zeyn Street shall be removed and s(dewaiks, curbs and
gutters shall be installed along Zeyn Street as required by the City Engineer and In accordance
with standard plans and specifications on file in the Office of the City Engineer.
2. That prior to approval of the grading plan, a soiis and geological report shali be submitted.
3. That a water quaiiry management plan shall be submitted for review and approval by the Ciry
Engineer and shall specifically identify the best management practices that will be used on-site to
control predictable pollutants from stormwater runoff.
4. That the developer shall submit a report of the proJect's impact on the City's sewer system, pay
sewer impact and improvement fees for new impacts and may be required to construct sewer
system improvements if determined necessary by the City Engineer.
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5. That the developer shall submit a report ot the proJecYs impact on the City's storm drain system
for review and approval by the City Engineer and shali pay storm drain impac[ and fmprovement
fees if determined necessary by the City Engineer.
6. That the landscape plans submitted at the February 5, 1996 Planning Commission public hearfng
shall be corrected to reflect a total of fifteen (15) trees in the west and south building setback
areas.
7. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 pertainfng to parking standards, inciuding that end stails shall be a minimum twelve (72)
feet wide). Subject property shall thereupon be developed and maintained in conformance with
said plans.
e. That a plan sheet for splid waste storage and collectlon and a plan for recyclfng shafl be
submitted to the Department of Maintenance for review and approval.
9. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction
of ihe Department of Maintenance. Said turn-arou~d area shall be specifically shown on plans
submitted for building permits.
10. That the subject temporary sales office shall not be utilized for banquet and meeting room
facilities or any other uses not specifically authorized by this condi[fonal use permit.
11. That sales of time share units shall be limited to sales of new units at the adJacent Peacock
Suites exclusively.
12. That the subject use permit shall expire three (3) years from the date of this resolution or when
all new time share units for the Peacock Suites are sold, whichever occurs first.
13. That a min(mum five (5) foot high gate or fence shall be constructed ai the east and west sides
of the north build(ng setback area to screen the north building elevation from pubiic view along
Zeyn Street and limit access to this area by unauthorized persons.
14. That any roof-mounted equipment shall be fully enclosed (including a vented roo~ and integrated
with the architecture of the building.
15. That prior to any demolition or construction activity, a Mitigation Monitoring Per Measure Fee
appiied to four (4) mitigation measures shall be remitted to the City of Anaheim in accordance
with the Planning Department Fee Schedule in effect at that time.
16. That the permittee shall comply with all terms, conditions and applicable mitigation measu~es
contained in Mitigation Monitoring Plan No. 79 (which is on file in the Planning Department and
is incorporated herein by this reference); and, that the permittee shall be responsible for
compliance and any direct costs associated with said Mitigation Monitoring Plan No. 79 as
established by the City and as required by Section 21081.6 of the Puhlic Resources Code to
ensure implementation of the applicable mitigation measures in said Plan (applicable measures
ide~tified in Attachment A to this staff report).
17. That all landscaping shall be planted, irrigated and mainta(ned as shown on Exhibit No. 5; and,
further, that any tree planted on-site shall be replaced in a timely manner in the event that ii is
removed, damaged, diseased and/or dead.
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18. That subject property shall be developed substantially in accordance wlth plans and
specifications submitted to the City of Anaheim by the petitfoner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 5.
19. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 3, 4, 5, 7, 8, and 9, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
20. That prior to final building and zoning inspectlons, Condition Nos. 1, 13, 14, 17 and 18,
above-mentioned, shall be complied with.
21. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolutfon (s expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Shouid 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 5, 1996.
~
/ IRWOMAN ANAHEIM C~' PLANNING COMMISSION
ATTEST:
6I(Wt~{'Q/(~.{~J ~~fU't.d~LL(l
SECRETARY, NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted ai a meeting of the Anaheim City
Planning Commission held on February 5, 1996, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunio set my hand this 7"" day of ~,
1996.
~ Cd Q/LI.~U ~ ~~
SECRETAR ANAHEIM CITY PLANNING COMMISSION
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PC96-19