Resolution-PC 97-53~~~
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RESOLUTION NO. PC97-53
A RESOLUTION O~ THE ANAHEIM CITY PLANNING COMMISSION
TFiAT PEfITION FOR CONDITIONAL USE PERMIT iVO. 3917 BE GRANTED
WHEREAS, the Anaheim City Planning Commission dfd receive a verified Petftion for
Condftional Use Permit for cartatn reai property situated in the City of Anaheim, Counry of Orange, State of
Califomia, described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 98, PAGES
39 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNiY.
WHEREAS, the Ciry Planning Commission did hald a public hearing at the Civic Center in
the Ciry of Anahefm on April 28, 1997, at 1:30 p.m., notice of said public hearing having been duly given 2s
required by law and in accordance wfth the provfsiens of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against r,a(rt p: ~p4s~ condltionat use permit and to investigate and
make findings and recommendations in co~na~,~'an theie;;:itn; and
WHERFAS, said Commissi~n, aft~r.:+i~+'snspection, investigation and study made by itself
and in its behalf, and after due conslderation of aif evklence 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 permR is authorized by
Anaheim Municipal Code Section 18.48.070.050.0529 to permit conversfon of an existing 139-unit apartment
compiex to a 136-unit Vacation Ownersh(p Resort with waivers of the following:
(a) Sectfons 18.48.070A94.0901(cl -
Minimum structural setback and yard reauirements
ah~~ttin4 Oran9ewood Avenue 2 f t requ(red for
buildings 75 feet or less; 12 to 27 feet exfsting)
(b) Sectfons 16.48.070.090.0903
and 18 48 070 110.1102
Minfmum structural setback and vard reauirements
abuttinq interior oro~erty lines.
(Required: 10 feet, fully landscaped, adjacent to the north
and west property lines and 20 feet, fully landscaped,
adjacent to the east property ~ine abutting residentially-
zoned property requi~ed;
Proposed: none adjacent to exlstinq carports and trash
enclosures)
(c) Sections 18.48.070.100.10Q? - Permitted encroachments into reauired vard arsd
and 18.48.070.1 .t setback areas.
(vehicuiar parking r hibft ir~ required (nterior setbacks;
vehi;,ular parking x.e (st(n91n sr~cbacks ~!ong the east, north
and west property lines) ~
2. That the requested waivers (a), (b) and (c) are hereby granted on the basis that there are
special circumstances applicable to the property because they are existing condft(ons; and that strict
applicat(on of the Zaning Code would deprive the property of privileges enJoyed by other properties under
i~entica~ zone ciass~cation fn the viciniry;
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3. That the proposed vacation ownership resort use is a proper use for which a conditional
use perrnft is required in Development Area 1(GR District) of the Anaheim ResoK Spec~c Plan (SP 92-2)
Zone;
4. That the properry is adequate in size and shape to accommodate full development and
convers(on of the existing apartment compiex to the proposed vacation ownership resort use; and, as
condltioned herein, will not adversely affect adjoining land usss or the growth and development oP the
surrounding area, nor impose an undue burden upon the streets and highways designed to carry treffic in
the area, nor be detrimental to the peace, health, safety or general welfare of the communiry;
5. That the proposed use will provide addftional accommodatfons for visitors to the Anaheim
Resort;
6. That conversion of the existing apartment complex to a vacatlon ownership resort use will
not result in depietion of residential housing units in the community because there are existln~ apartment
complexes located to the east and south of the subject property, and more than 1,500 apartment units are
located wfthin a~C mlle radius of subJect property;
7. That there are adequate visitor-serving facilities in the Cfty and cflnversion of the exlsting
apartment complex to a vacation ownership resort wili not preclude, reduce nor impact development of other
needed tourist faciiities or hotel or motel facilities;
8. That the ~ranting of tho condftional use permit, under the c~~ndit~ons (mposed, will not be
detrimental to the peace, health, safery and general welfare of the citizens ot ihe Ciry of Anaheim;
9. That the proposed vacation ownership resort use will provide a compatible transitional use
.~tween the multiple-family residential (RM-1200) use to the east and the Commercial Recreation uses (f.e.,
retail and multi-story hotels) to the west; and
10. That no one ind(cated their presence at said public hearing in opposftion; and that ~o
correspondence was received in oppos"ion to the subject petition.
GALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Plinning
Commission has reviewed the proposal to permit the conversion of an existing 139-unit apartment complex
to a 136-unit vacation ownership resort with waivers of mfnimum structural setback and yard requirements
abutting Orangewood Avenue, minimum structural setback and yard requirements abutting interior property
lines, and permitted encroachments Into required yard and setback areas on an approximately 4.67 acre
parcel of land located on the north side oi Orangewood Avenue, located approximately 298 feet east of the
centerl(ne of Harbor Boulevard, and further described as 465 West Orangewood Avenue (Emerald Springs
Apartments); and does hereby approve the Mftigated Negative Declaratfon upon finding that declaration
reflects the !ndependent Judgement of the le~d agency; and, that ft has considered the proposed Mitigated
Negative Deciaration together with any comments received during the ;,ublic review process and further
finding on the bas :~ of the Initial Study that there is no substantial evidance, wfth the imposition of mitigation
measures, that the proJect wiil havo a significant Offect on the environment, and approve the Mftigated
Negative Declaration and associated Mitigation Monitoring Program No. 003& (associated wfth the Anaheim
Resort Specific Plan No. 92-2, Amerdment No. 1) and Mftigation Monftoring Plan No. 006 (associated with
subject Condftionai Use Permft No. 3917).
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N04'V, THEREFORE, BE IT RESOLVED that the Anaheim C'rty Planning Commisslon does hereby
grant subject Petition for Corxiftional Use Permft, upon the following conditiens which ar6 hereby found to
be a necessary prerequislte to the proposed use of the subject properry in order to preserve the safery and
general welfare of the Cftlzens of the Ciry of Anaheim, and including certain conditions, as noted, which were
adopted in connection wfth the Anaheim Resort Specffic Plan No. 92-1:
1. That approval of Conditional Use Permit No. 3917 is subject to Ciry Counclt adoption of Generat Plan
Amendment No. 344, approval of Amendment No. 1 to the Anaheim Resort Spec~ic Pla~ No. 92-2,
and adoption of an ordinance rezoning subject properry to the Anaheim Resort Specffic Plan No. 92-2
(SP 92-2) Zone.
2. That the property ownpr/developer shall be responsible for compUance with all of the mitlgation
measures set farth fn Mitlgation Monitoring Plan No. 006 for this project, and for complying with the
monitoring and reporting requirements esiablished by the Ciry in compilance with Secti~n 21081.6 of
the Pubiic Resources Code. Furthermore, the property owr,er/davefoper shall be responsible for any
direct costs assoclated with the monitoring ar~ reporting requirements to ensure implementation of
thase mitigation measures {dentffie.~i fn Miti~ation Monitoring Plan No. 006 wtilch is made a part of
these candltions of approval by referei5ce.
~. That the phased conversion to vacation ownership resort use shall be completed wfthin four (4) years
frc~m xhe date o~ this rQSOlution (unless an extension of time is granted by the Giry at an adv~rtised
.~uk~ic hearirig) and subject resort shatl be wholly occupied thereafter in compliance wfth the limits
on occupanr~ ~set forth in Section 18.48.120 'Requirements for Vacation Ownership Resorts' of the
Anahpim Nlunlcipal Code.
4. That the operator ~f subject vacation ownership resort shall provide tvNenry four (24) hour on-sfte
securiry se~vr~s2 and staffing at the fror.t desk, and shall be responsible for the day-to-day
manage:~~ant, c~pera.~ons and maintenance of the entire resort.
5. That the operator of subject vacation ownership resort shall ma(ntain a register for the r2gistration of
:sll y~esis of the vacation ownership resort, including ovemlght accommodations offered to the publfc,
as set forth in Chapter 7.22 "Hotel Registers' of the Anahefm Municipal Code.
6. That prior to the flrst flnal building and zoning ins{~ectlon, all sidewalk improvements located wfthin
the public right-oF-way shall conform to Engineering Standard Detail PJo. 121.
7. That prior to the first final bu(Iding and zoning inspec!ion, the properry owner/developer sha.ll, at his
or her own expense, Install, irrigate and mafntain tl~e City's desigriated street trees (Magnaw) and
shrubs in the Orangewood Avenue parkway across the entire frontage of the subject property.
8. That prior to issuance of the flrst building permft, a plan showing the proposed Anahelm Resort
freestanding monument sign location shall be submitted to the City Traffic and Transportat(on Manager
for review and approval in conformance wfth Engineering Standard No. 137 pertaining to sight
distance visibility. Sa(d monument sign shall be installed prlar to the commencement of the vacation
ownership resort activiry.
9. That p~lor to issuance of a building permft, a plan sheet for sdki waste storagQ, collection and a plan
for recycl(ng shall be submitted to the Public Works Department, Streets and Sanitat(on Divisfon, for
review and approval.
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10. That the subJect property shall be developed substantiaily in accordance w(th the plans and
speciFlcations submitted to the City of Anaheim by the petftioner and which plans are on file wfth the
Planning Department marked Exhibfts No. 1 through S.
1 t. That prior to issuanca of the first buildfng permft, the location, type and configuration af afl Iighting
fixtures, incfuding ground-mounted ifghting fixtures utflized to accent buildings, landscape elemeMs,
or to illuminate pedestrian areas, shall be shown on plans submitted for building permfts. All
proposecJ surface parking area lighting fixtures sha~l be down-Iighted wfth a maxisnum height of twelve
(12) feet adjacent tu any residentiai properties. All Ughting fixtures shafl be shielded to d(rect Iighting
toward the area to be illuminated and away from adjacent residential property lines.
12. That the operator of the subject vacatfon ownership resort (Operator) shall submft a yearly report to
the Ciry of A~ahefm no later than January 31 of each calendar year for the calendar year ending the
previous Gecember 31, containing the actual Transient Occupancy Taxes collected for th6 vacation
ownershfp unfts. It shall be the responsibiliry of the Operator of the subJect vacation ownership resort
to maintain complete records and to report the correct Transient Occupancy Tax (f0~ including the
TOT for any rentals of vacation ownership units which are handled by efther the owner of such unft
(Owner) or a third party (a party other than the Owner or Operator). The Operator shall comply with
all applicable provisior,s of Chapter 2.12 `Transient Occupancy Tax' of the Anaheim Municipal Code.
13. That prior to cnmrner~ement of the actNity approved hore(n, or pr(or to the issuance of the flrst
building permft, or within a period of one (1) year from the date of this resolution, whichever occurs
first, the property owner shaii execute and record an unsubordinated agreement and covenant to the
satisfactlon of the Ciry Attorney's Office, which agreement shall set fcrth the method of ownership of
the vacation ownership ~nfts to be estabUshed and implernented for the vacat(on o~rnership re.~K
proJect wl~ich guarantees that the Ciry shall be entftled to coilect Transient Occupancy Tax ~'~ ~~1) tor
all vacat(on ownership unfts as if they were hotel rcoms.
14. That prior to issuance of each building permft, plans shcwing conformance wfth the Uniform Fire Code
shalt be submftted to the Fire Department for review a~xi approval.
15. That prior to flnal building and zoning inspections, a!lcensed landscape architect shall provkie a letter
to the Plar.n!ng Department certifying that all IandSCaping and irrigatfon systems have been (nstalled
in accardance wRh larv.iscaping plans approvecJ Sn connection wfth subJect Condftional Use Permit
No. 3917.
16. That on-sRe landscaping and irrigation systems shall be maintained by the property owner/developer
in compUance wfth Ciry standards.
17. That on-sfte sweeping operat~ons shall utftlze sweeping,~scrubbing equipment which operates at a levei
measuring not greater than sixry (60) dBA at the nearest adJacent property line.
18. That trash storage areas shail be provided and maintained in ihe Iocations Identifled on ExhibR No.
1 and in accordance wfth the approved pians on file with the Public Works Dspartment, Streets and
Sanitatlon DNision. Such informat(on shall be specffically shown on the plans submftted for building
permft.
19. That ap~roval of this applicatlon constftutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Codo and any other applicabia Cfty, State and Federal
regulations. Approval does not include any actior~ or flnd(ngs as to compliance or approval of the
request regarding any other applfcable ordinance, regulation or requirement.
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20. That the property owner/developer shall provide relocation assistance as specffied in the 'Tenant
Relocation Pian' submftted to the Ciry of Anaheim and which plan (s on file with the Planning
Department marked Exhibft No. 8.
21. That any :ree planted wfthin the Setback Realn shall be replaced in a timely manner in the event that
ft is removed, darr~ged, diseased and/or dead. (Condftlon No. 15* of Ordinance No. 5454 adopted
in cdnnection witi~~ SpecHic Plan No. 32-2)
22. That a Iiconssd arborist shall be responsible for all tree tr~mming. (Condition N~. 16 * of Ordinance
No. 5454 adopted In connection wfth Specffic Plan No. 92-2)
23. That pressure washing operations for purposes of bu(Iding repair and maintenance duo to gra#fiti or
other aesthetical considerations shall be 1lmited to daytime hours of operatfon between 7:00 a.m. and
8:00 p.m. (Condftion No. 19* of Orcllnance No. 5454 adopted in connection wrth Specific Plan No.
92-2)
24. That prior to final building and zoning inspections, all air condft(oning #~i:ilities and other roof and
ground-mounted equipment shall be shielded from public view as required by tt~a Speciflc Plan and
the sound buffered to comply with C'ity of Anaheim noise ordinances ftom any adjace~t residentiai or
transient-occupied properties. Such information shall be specffically shown on the plans submitted
for build(ng permfts. (Condftion No. 25* of Ordinance No. 5454 adopted in connection wfth Specific
Plan No. 92-2)
25. That prior to 8nal building and zoning inspectfons, all plumb(ng and other sfmilar pipes and fixtures
located on the exterior of the buildfng shall be futly screened from view of adJacent public rights-of-
way and from adJacent Qrope~ties by archkectural dev(ces and/or appropriate building materials; and,
further, su~h information shall be specffically shown on the plans submitted for build(ng permfts.
(Condftfon No. 26* of Ordinance No. 5454 adopted in connection with Spec~c Plan No. 92-2)
26. That property owner/developer shall be rssponsible for the removal of any on-site graffiti within 24
hours of fts a~plication. (Condftion No. 27* of Ordinance t~o. 5454 adopted in connoct(on wfth
Specific Plan ~lo. 92-2)
27. That no shuttle, bus, or vehicular drop-off areas shail be permitted in the front setback areas.
~Condftion Mo. 31* of Ordinance No. 5454 adopted in connection with Specffic Plan No. 92-2)
28. That pr(or to the issuance of each building permit, the Anahefm Police Department shall rev(ew and
approve ptans for safety, accessibiliry, crfine prev~ntion, and securfty provisions during both thP
construction and operatNe phases. (Condftion No. 32* of Ordinance No. 5454 adopted (n connactlon
with Specific Plan No. 92-2)
29. That gates shall not be installed across any drNeway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform
to Engiryeering Standard Plan No. 402 arxl shall be subject to the review and approval of the Ciry's
Traffic and Transportation Manager prior to the fssuance of a building permit. (Cor.dftion No. 34' of
Ordinance No. 5454 adopted In connec~tion with Spectfic Plan No. 92-2)
30. That ali engineering requirement of the Ciry of Anahefm, including preparation of improvement plans
arxi instailatian of all improvements such as curbs and gutters, s(dewalks, water facilities, street
grading and pavement, sewer and drainage faciifties, or other appurtenant work shall be complied wfth
as required by the City Engfneer and In accordance wfth specHications on file in the Office of the City
Enginaer, as may be modHfed by the City Enginee~ ; and that suaur'rty in the form of a bond, cortfficate
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of deposit, letter of credlt, completion guarantee, or cash, in an amount and form satisfactory to the
City of Anaheim, shall be posted with the City to guaraniee the satisfactory completion of said
improvements. Said security shall be posted with 4he Ciry prior to the issuance of a building permft
or ftnal map approval, whichever occ~rs Brst, to guarantee the installation of the related Improvements
prior to final building and zoning tnspection. (Condftion No. 36* of Ord(nance No. 5454 adopted fn
connection with Speciflc Plan hfo. 92-2)
31. That prior to issuance of each building permit, the approximate Citywide Transportatlon Impact arrJ
Improvement Fee shalf ba paid to the Ciry of Anaheim in the amount(s) determined by City Counc(I
Resa~ution. Consistent with the Fee Ordinance, fees may be rc3duced tn consideration of right-of-way
dedication and/or Master Plan of Arterial HlgMxay facilfty construction. (Candition No. 37* of
Ordinance No. 5454 adopted in connection wfth Speciflc Plan No. 52-2)
32. That when established by the Ctty, the property owner/rJeveloper shall partlcipate in the Transportation
Network (fNA) to be created for the Anahefm Resort and Anaheim Stadium Business Center and
coordinated with the I-5 Traffic Management Plan. (Condftion No. 38* of Ordinance No. 5454 adopted
in connection w(th Specific Pian No. 92-2)
33. That prlor to flnal building and zoning inspectfons, the water meter and backflow equipment arxi any
other Iarge water system equfpment shall bn installed to the satisfactl~n of the PuWic Utilfties
DepaKment, Water Utiliry DNision, in efther underground vaults or bahind the buflding setback Iine in
a manner fuily screensd from all pubiic streets and alleys and in accordance wfth Ordinance No. 4156
and Section 18.48.070.1107 of the Anahe(m Munlcipal Code. Such i~ortnation shall be specffically
shown on the plans submitted for buil~ing permits. (Condit(on No. 39• of Ordinance No. 5454
adopted in connect(on wfth Specffic Plan No. 92-2)
34. 1 hat prior to issuance of each building perm(t, unless records indlcate previous payment, the
appropriate fees for Primary Mafns, Secondary Niains and Fire Protection Service shall be paid t~ the
Publ(c Utilfties Depart~ent, Water Utility Divlsion fn accordance with Rule 15A 3nd 20 of the Water
Util'dy Rates, Rules and Regulations. (Corx~ftion No. 40* of Ordfnance No. 5454 adopted in connect(on
wfth Specific Plan No. 92-2)
BE IT FURTHER RESOLVED that the Anaheim City Planning Commisslon does hereby flnd
and determine that adoptlon of this Resolution is expressly predicated upon applicanYs complfance wfth
each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, oe
declared Irnalid or unenforceable by the flnal judgment of any court of competent ju~isdiction, then this
Resolution, and any approvals here(n contained, shall be dsemed null and void.
THE FOREGOING RESOLUTIUiJ was adopted at the Planning Comm!ssion meeting of
April 28, 1997. /Z
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CHAIRPERSON ANAH M CITY PIANNING COMMISSION
ATT=ST: n
/i
SECRETA Y, ANA IM CITY PLANNING COMMiSSION
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STATE OF ClWFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdo~io, Sec~etary of the Anaheim Ciry Planning Commission, do hereby certffy
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Pianning
Commission held on April 28 , 1997, by the follcwing vote of the members thereof:
AYES: COMMISSIONERS: BOS7WICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERN7A
NOES: COMMISSIONERS: NONE
ABSEM: COMMISSIONERS: MAYER
IN WI7NESS WI-IEREOF, I have he-eunto se4 my hand this ~U day of ~~
1997.
cLh ~ ,~
SECiiETARY, AN EIM CITY PLANNING COMMISSION
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