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Resolution-PC 96-41~ ~ RESOLUTION NO. PC96-41 A RESOLUTIUN OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTInN NO. PC94-44 ADOPTEQ IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3666 Wf1EREAS, on April 4, 1994, the Planning Commission adopted Resolution No. PC94~14 approvfng Condftional Use Permh No. 3666, in part, to permft an 84-foot high, 5-story, 31~;oom hotel complex (induding demolftion of a 78-unft motel bu(Iding and a 3,800 sq.ft. restaurant, remodeling of an existfng 122-un8 motel buildfng, and construction of a 190-unit motel building and a 5,576 sq.fc. rest~urant) and waNers of minlmum number of parking spaces (484 required, 394 approved), mfnimum swcturai setback (16 fest required, 0-10 feet existing for a portion of the buflding to be retair~ed), rr•;quired latxlscaping adJaceM to a Fsarking scructure (24 tree$ required, 19 approvedy, and perinitted signs for motels/hateis (monumeM sign wfth no setback approved); 'that a Mftigated Negative Declaration, and tsssociated Mitigation Monftorirg Program No. 76, was adopted in connection with subject use permR; and that no further action was taken by the City _:.,ouncil; WHEREAS, on May 1, 1995, the °ianning Commission granted a one (t) yea~time extensfon for Conditfonal Use Permft No. 3666, to ekaire on April 4, 1996. WHEREAS, on September 20, 1994 the City Council certifled Ernironmental impact Report No. 313 in connectlon wfth pr4posed Specific Ptan No. 92-2 "The Anaheim Resort Spec~ic Plan' ~SP 92-21; that Master Mftigation Monftoring Program No. 85 was established for safd EIR; and that on Septsmber 27, 1994 Council adopted SP 92-2 for approx(mately 550 acres, including s~bject property; WHEREAS, the Zoning and Development Standards for SP 92-2, codified in Chapter 18.48 of the Anaheim Municipal Code, permft the development pronosal approved in connection wfth subJect Conditional Use Permft No. 3666 to continue as long as said use permY is valid, wfth the excepttor. that the project must comply with the SP 92-2 setback, landscape and signage requirements; WHEREAS, subject property is currently developed w(th a 78-unft motel (Peter Pan Inn) and a 3,800 sq.ft. restaurant (both to be demolfshed), and a 122-unft motel (Convention Certer Inn). WHEREAS, the specffic propcsed mod~cations to Condftions Nos. 7, 9, 10 and 11 of Resolution iJo. PC94~4 are identified and described in Item No. 2 of the Staff Report to ihe Pianning C;ommission dated Aprfl 29, 1996. WHEREAS, the Ciry Plann(ng Commisslon did hold a publfc hearing at tha Civic CeMsr in the Ctry of Anahelm on April 29, 1996, at 1:30 p.m., notice of said public hearing having been duly gNen as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear arui consider evidence for and against said proposed amendment and to investigate and make flndings arxl recommendations in connection therewith; and WHEREAS, sa(d Commission, after due inspection, investigation and study made by itseff and in fts behalf, and after due consideratiun of all evidence and reports offered at said hearing, does find and detarmine the followfng facts: 1. That in accordance with Section 18.03.092.060 of the Anaheim Municipal Code, the proposed modfficat(ons to the conditions of approval are reasonably necessary to protect the public peace, health, safery or general we;hre, or necessary to permft reasonable operation under the conditional use permit~ as granted, based upon the followfng: CR2638DM.wp '~' P~~1 ~ ~ (a) The ernironmental impacts of the project would not be adequately addresseci uniASS the mftigatlon measures included in Mftigation Monitoring Plan No. 2(the mitigation measures applicable tca this project from Master Mitigation Monitoring Plan No. 85 for the Anaheim Resort Speciflc Plan, attached hereto, and which supercede Mftigation Monftoring Program No. 76) are impiemented In light of the three Specific Plans that have been approved for the Anaheim Resort area arxi their associated environmental documentation. (b) The previously-npproved 312-unit hotet complex is a compatible Iand use in the Anaheim ResoR Speciflc Plan area and 4he proposed dens'dy falls within the Iimits of the 'Gornention Center Medium Densfty' designation idenY~ied for subject property by SP 92-2. (c) The proposed correction t~ Condition No. 7 will ensure compliance wit~ Mftigation Monito~ing Plan No. 2 and payment of associated fees; and proposed corrections to Conditfon Nos. 9~nd 10 reference applic:able Anaheim Resart Specffic Plan landscape and sigr+age requirements and are for edftorial purposes only because said changss are currenUy required by Chapter 18.48 and/or are no longer applicable (as in the case of deleting Condition No. 10[c]). 2. That no one indicated their presence at said public hea~ing in opposition; and that no corresporxlence was received in opposition to the subJect petition. CAUFORNIA ENVIRONMENTAL QUALITY ACT Flhi~~:C'! ~: T~zi c7e Anaheim Ctty Planning Commission has reviewed the proposal and does hereby flrr~ ih;;: ths h~ii~~y,~'.6.3d NegatNe Dedaration prevlously approved in connection with Condftional Use Pdm~~:t !~u• 3~;8 e-~t 'the miUgation measures induded in Mitigatton Monitoring Plan No. 2 are adequate to ser.=r:: as th;; required ernironmental documentation i~ c~nnection wfth this request upon flnding that the de~:.'arat` _.~ ~eflects the irxlependerrt judgement of the lead agency and that ft has considered the previous~y approved Negative Dedaration together with any comments received during the public review process and further finding on :he basis of the inftial study and any comments received that there is no substantial evidence that the project wifl have a sign~icant effect on the environment. NOW THEREFORE BE 17 RESOLVED that the Planning Commission does hereby amertd Condition Mos. 7, 9, 10 and 1i of Resolution No. PC94-94~ adopted in connection wfth Corxfitional Use Permit No 3666, to read as follows: 7. (a) That the property owner/developer shall comply with all mitigation measures contained in Mitigation Monftoring Plan iVo. 002 (Attachment B hereto) and shali be responsible for any direct costs associated with said measures as established by the City of Anahelm and as required by Sectian 21081.6 of the Pubiic Resources Code. (b) That prior to the submtttal of any bui~ding pians for plan check, demdition or any other cnnstruction activity, whichever occurs first, a Mftigatfon Monitoring Per Measure Fes (applicable to 66 [sixry six~ mitigatfon measures) shall be remitted to the Ciry of Anaheim in accordance with the Planning ~epartrr~ent Fee Schedule in effect at that time. 9. Thax if wall signs are proposed, the property owner/developer shall submft s(gnage ~lans (shrnving conformance with Sections 18.~3.130.060 and 18.48.13C.0604 [Exhibit 7.Ob'Hotel/Motc~ Sfg~ Standards Matrix'] of the Anah~im Municipal Code) to the Zoning Division for Final Sfte Plan Review in the mannar set fo!th in Section 18.48.040.020. 10. That subJect property shall be develuped substantfally in accordance with plans and speciflcat~ons submitted to the City of Anaheim by the petitioner and which plans are on flle with the Planning Department marked Exhibit Nos. 1 through 14; providod, however, that: _2_ PC96-41 ~ ~ (a) Prior to issuance of the first an'Idi re ared~in~ conforma e twith rSect onsW18r48.0701 Or shall submit a lands~ape p p p 18.48.100 and 18.48.110, for review and approval by the Zoning L'ivision; and (b) Prior to issuance of a sign permit, the property owner/developer shall submft monume~ 70bpHotel/MotelS(9n Standa ds Mat ix")efor~review4and approval by he,Zoni~ng~~ivisbr~. 11. That R~ior to issuance of a building permit or prior to AprU 4, ~397, whfchever occurs flrst, Condition Nos. 1, 2, 4, 5, 6 and 8, above-mentio ~ed`~ in accordance it SectElon 18.0.3.090 further time to complete said conditions may be g of the Anahe(m Municipal Code. THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of Apr1129, 1996. . N,~ i'/G CH MAN, ANAHEIM C PLANNING COMMfS,SSON AT~EST: ~ C~ ~ r SECRETARY, AN EIM CITY PLANNING COMMISSION STATE OF CALlFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarha Solorlo, Secretary of the Anaheim Ciry Pianning Commisslon, ~Jo hereby certffy that the foregofng resolution was Pas i~ followin ~vo e of the members thereof:~heim City Planning Commission held on April 29, 1996, bY 9 AYES: COMMISSIONEF,S: BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PER/17A NOES: COMMISSIONERS: NONE ABSEN7: COMMISSIONERS: BOSTWICK IN WITNESS 1iVHER~OF, ! have hereunto set my hand this ~~ day of ~~US~I U ~ sss. Q/LLP~J Uu ~,a+R~d SECRE~ARY, A HEIM CITY PLANNING COMMISSION -3- PC96~41