Resolution-PC 99-113RESOLUTION~NO. PC99-113
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIAPICE NO. 4363 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
PARCEL 1, IN THE CITY OF ANR.HEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 106, PAGE 12 OF
PARCEL 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 June 21, 1999, at 1:30 p.m., notice of said pubiic hearing having been duly given
as required by law and in accordance ~;ith the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed variance and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study 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 petitioner requests waivers of the following to construct a 4-sfory, 140-room hotel
with accessory pool/spa, meeting and breakfast areas:
(a) Sections 18.04.060.050 - Minimum parkinq lot landscaoinq.
18.06.030.040
and 18.50.150.020
(b) Section 18.50.130.0207 - Minimum landsca~e setback adiacent to the
SR-57 (Orange~ Freewav.
(25 feet. fuli~andscaoed, required; 5 feet proposed)
2. That this variance is approved, in part, denying waiver (a) because the petitioner
eliminated the waiver by incorporating the required landscaping into the parking lot.
3 That waiver (b), minimum landscaped setback along the freeway, is hereby approved
because the property is surrounded on three sides by street and/or freeway frontages requiring
substantial setbacks and that the site is proportionally narrow which limits its potential for development in
accordance with Code thereby depriving the property owner of privileges enjoyed by other properties in
the same vicinity and zone; and that there is a substantial distance between the road bed of the freeway
off-ramp and the west property line, which area cc+ntains landscaping.
4. That there are exceptional or extraordinary circumstances or canditions applicable to the
property involved or to the iniended use of the property that do not apply generally to the property or class
of use in the same vicinity and zone.
5. That the requested variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, and denied to the
property in question.
6. That the requested variance will not be materially detrimental to the public welfare or
injurious to the property or ir:iprovements in such vicinity and zone in which the property is located.
CR3668PK.DOC -1- PC99-113
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
8. That approval of this variance, including the exhibits and the trip budget analysis
submitted by the petitioner, constitute approval of Final Plans in accordance with Section 18.50.050 of the
Anaheim Municipal Code.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to increase the permitted Floor Area Ratio for the
subject property from 0.45 to 0.91 and for waivers of minimum parking lot landscaping (deleted) and
minimum landscape setback adjacent to the Orange/SR-57 Freeway to construct a 4-story, 140-room
hotel with pooi, meeting and breakfast areas on a 2.04-acre irregularly-shaped property located on the
south side of Katella Avenue between the Orange/SR-57 Freeway and Douglass Road, and having
frontages of 184 feet on Katella Avenue, 387 feet on the freeway off-ramp and 375 feet on Douglass Road
(2560 East Katella Avenue); and does hereby determine that the previously-certified EIR 321 is adequate
to serve as the required environmental documentation for subjecl request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, in part, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order io preserve the
safery and general welfare of the Citizens of the City of Anaheim:
1. That gates shall not be instalied across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public streets. Installation of any gates shall conform to
Engineering Standard Plan Nc. 609 and shall be subject to review and approval by the City Traffic
and Transportation Manager prior to issuance of a building permit.
2. That plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 43S
and 602 pertaining to parking standards and driveway locations. Subject property shail thereupon
be developed and maintained in conformance with said plans.
3. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shown on plans submitted for building permits, as required by the
Department of Public Works, Street Sweeping and Sanitation Division.
4. TY~at an on-site bus bay shail be provided for hotel shuttle buses to transport guests to and from
tourist attractions and local airports, in a manner acceptable to the City Traffic and Transportation
Manager.
5. That the developer shall comply with Chapter 14.60 of the Anaheim Municipal Code relating to
Transportation Demand Management (TDM) by providing on-site taxi and shuttle bus loading
zones, and by joining and financially part(cipating in the ATN and Clean Fuel Shuttle Program and
by installing bicycle racks.
6. That the water backflow equipment and any other large water system equipment shall be installed
to the satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the
street setback arHa in a manner fully screened from all public streets and freeways.
7. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Ordinance No. 5349
and Chapter 10.19 of Anaheim Municipal Code.
8. That prior to grading plan approval, the developer shall submit a water quality management pian
(WQMP) specifically identifying best management practices that will be used on-site to control
CR3668PK.DOC -2- PC99-113
predictable poilutants from storm water runoff. The WQMP shall be submitted to the Public Works
Department, Development Services Division, for review and approval.
That trash storage areas shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets, highways or freeways. The walls of the storage areas
shall be protected from gra~ti opportunities Ey the use of plant materials such as minimum one (1)
gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said
information shall be specifically shown on the p(ans submitted for building permits.
10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
11. That an on-site trash truck turn-around area shall be provided showing compiiance with
Engineering Standard Detail No. 610, and shali be maintained to the satisfaction of the Streets and
Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for
building permits.
12. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an
easement for public utility purposes, the location and width to be determined by the Utiiities
Department.
13. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shieided from view. Such information shali be specifically shown on the plans submitted for
building permits.
14. That an approved fire truck turn-around shall be provided as required by Fire Department
specifications and requirements. The turn-around shali be shown on the project site plan whfch is
submitted to the Building Division for permits. The turn-around shall be permanently marked and
maintained to the satisfaction of the Fire Department.
15. That the owner of subject property shall be responsible for the removal of any on-site graffiti within
twenty four (24) hours of its application.
16. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removing of trash or debris, and removing of graffiti within twenry four
(24) hours from time of occurrence.
17. That any tree planted on-site shail be replaced fn a timely manner in the event that it fs removed,
damaged, diseased and/or dead.
18. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflo~v devices, gas, communications and cable devices, etc., shall be
shown an plans submitted for building permits. Plans shall also identify the specific screening
treatment of each device (i.e. landscape screening, color of walls, materials, (dentifiers, access
points, etc.) and shall be subject to the review and approval of the appropriate City departments.
19. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner an,d approved by the Planning Comm(ssion. Any additional signage shall be subject
to approval by the Planning Commission as a"Reports and Recommendations" item.
20. That three (3) foot high street addrPSS numbers shall be displayed on the roof in a contras~ing color
to the roof material. The numbers shall not be visible to any streel, freeway or adjacent property.
CR3668PK.DOC -3- PC99-113
21. That street lights shall be instalied along the Douglass Road frontage; and that security in the form
of a bond in an amount satisfactory to the Anaheim Public Utilities Department shall be posted with
the Ciry to guarantee the satisfactory completion of said improvements. Said security shall be
posted with the City and improvements shall be installed prior to (ssuance of a Certificate of
Occupancy.
22. That prior to issuance of a building permit, the grading plan submitted by developer shall include
provisions for tree weil construction and installation of parkway trees and additionai landscaping
and irrigation in accordance with the Circulation Element and the Stadium Area Master Land Use
Plan, and as approved by the Parks Division and the City Engineer. The improvements shall be
completed prior to final building and zoning inspections.
23. That this site is located within a liquefaction zone on a Seismic Hazard Map issued by the State of
California Divisions of Mines and Geology (DMG) and, therefore, prior to grading plan approval,
the developer shall submit a geotechnical report that meets the requirements for a"Screening
Investigation for Liquefaction Potential" as identified in DMG special publication 17 "Guidelines for
Evaluating and Mitigating Seismic Hazards in Califomia ° If the findings of the screening
investigation cannot demonstrate the absence of liquefaction hazards, a comprehensive
quantitative evaluation must be conducted to develop mitigation recommendations to effectively
reduce the hazard to an acceptable level.
24. That the owner of subject property shall submit a letter requesting termination of Conditional Use
Permit Nos. 2269 to the Zoning Division.
25. 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. 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 18, 21, 22, 24, 28
and 31, herein-mentioned, shall be complied with. Extensions for further time to compiete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
26. Thal prior to final build?ng and zoning inspections, Condition Nos. 6, 7, 20, 22 and 29,
herein-mentioned, shall be complied with.
27. That p~ior to grading plan approval, Condition Nos. 8 and 23, above-mentioned, shall be complied
with.
28. Tbat this Variance is granted subject to adoption of a zoning ordinance in connection with
Reclassification No. 99-00-04, now pending.
29. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos.1 through 25; including that a least one (1) pedestrian sidewalk
shall be provided to the public sidewalk along Katella Avenue and one (1) sidewalk shall be
provided to the public sidewalk along Douglass Road, and that the sidewalk locations and widths
shali be reviewed and approved by the Planning Department; and as conditioned herein.
30. 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 compiiance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
31. That based on the decision of a licensed arborist selected by the petitioner as to the feasibility of
boxing and relocating the existing pine trees, said trees shall be boxed and reiocated to the
Iandscaped areas within the parkin~ lot or ottier non-public right-of-way areas.
CR3668PK.DOC -4- PC99-113
BE IT FURTHER RESOLVED that the Anahe(m City Planning Commission does hereby
find and determine that adoption of this Resolutfon is expressly predicated upon applicanPs 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 ftnal judgment of any court of co etent jurisdiction, then this
Resolution, and any approvais herein contained, shail be dee ed nuli and v.
THE FOREGOING RESOLUTION~$s a pt ' at tf~e Pla ommission meeting of
June 21, 1999. ( i~ // ,
~hAiKrtrcSyn~, ANAh~inn c:ITY PLANNING COMMISSION
ATTEST:
.c2G.~+~A~'i.~J ~'o~oK~6~
SECRETARY, ANA -IM CITY PLANNING COMMISSION
STATE c:F CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning ~ommission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on Jur.e 21, 1999, by the foilowing vote of the members thereof:
AYES: CUPAMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, VANDERBILT
NOES: CaMMISSIONERS: NONE •
ABSENT: COMMISSIONERS: BOSTWICK,
IN WITNESS WNEREOF, I have hereunto set my hand this ~~ day of,
~_, 1999.
lkC~l2~U?,l.ft~ ~'6~0/~
SECRETARY, AHEIM CITY PLAN~ING COMMISSION
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