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Resolution-PC 99-226RESOLUTION NO. PC93-226 ~\ RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIdNAL USE PERMIT NO. 4153 B~ GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in che City of Anaheim, Counry of Orange, State of California, described as: PARCEL A: THAT PORTIpN OF THE NORTHEAST QU,~RTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA AN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH: PARCEL 1 IN THE CITY OF ANAHEIb9, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH ON A MAP RECORDED IN BOOK 56, PAGE 11 OF PARCEL UTAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1 AS SHOWN AND DESCRIBED BY LOT LINE ADJUSTMENT PLAT NO. 261 RECORDED OCTOBER 11, 1991 AS INS7'RUMENT N0. 91-556204 OF OFFICIAL RECORDS. EYCEPTING THEREFP.OM THAT PORTION DE3CRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO 19980071396 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL B: PARCELS 2 AND 3 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A P~AP RECORDED IN BOOK 56, PAGE 11 OF PARCEL MAPS, IN THE OFFICc' OF THE COUNTY RECORDER OF SAID COUNTY PARCEL C: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, IN 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 SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA, BY INSTRUMENT NO. 25258, FILED APRIL 9, 1952 IN THE OFFICE OF THE REGISTRAR OF TITLES OF SAID ORANGE COUNTY, DIS7ANT THER@ON NORTH 40° 09' 15" WEST ALONG SAID SOUTHWESTERLY LINE, i20.00 FEET; THENCE SOUTH 49° 09' 45" WEST 457.95 FEET TO THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER ; THENCE NORTH 89° 51' 25" EAST ALONG SAID SOUTHERLY LINE, 184.04 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 49° 09' 45" WEST FROM CR3848PK.DOC -1- PC9~J-22G THE POINT OF BEGINNING; THENCE NORTN 49° 09' 45" EAST 318.29 FEET TO THE POINT OF BEGINNING. WHF_REAS, the City Planning Commission did hoid a public hearing at the Civic Center in the City of Anaheim on December 20, 1999 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and co~sider 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 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 proposed uses are properly ones for which a conditional use permit is authorized by Anaheim Municipal Code Sections i8.48.070.050.0512, 18.48.070.050.0513 and 18.48.070.050.0525 to permit in-room kitchen/kitchenettes ~ t a proposed extended-stay hotel, interior building setbacks which are less than two times the height of the building where located within 150 feet of property zoned Mobilehome Park ("MHP") Overiay, and building heights which exceed one-half the distance between the building and an MHP Overlay Zone boundary i~ connection with a proposed 407- room hotel complex consisting of a 9-story (37- to 113-foot high) 264-room full-service hotel and a 7-story (75- to 81-foot high) 143-room extsnded-stay hotel, and with the following waivers: (a) Section 18.48.070.090.0901 - Minimum structural setback and vard reauirements abuttinq public riahts-of-wav. (30-foot wide fullv landscaoed setback measured from the Gene Autry Way ultimaie right-of-way required; 36- to 49-foot wide building setback with a 10-foot wide Iandsca~ed area proposed) (b) Ser,tions 18.48.070.090.0903 - Minimum interior structural setback and vard reauirements 18.48.070.100.1002 permitted encroachments into reouired vard and setback and 18.48.070.110.1102 areas. and minimum screenina abuttina MHP Overlav zoned ro ert , (minimum 20-foot-wide fuilv landscaoed interior setback required adjacent to property zoned MHP Overiay; 20-foot wide interior setback area adjacent to the MHP Overlay Zoning with 10 feet of landsca~inq and 10 feet of parking proposed) (c) Sections 18.48.110.120 - Minimum number of oarkina soaces. and 18.06.050.020.0241 (394 saaces required; 378 soaces proposed until Gene Autry Way is constructed to its uitimate width, and 355 soaces proposed after the street is constructed to its ultimate width) 2. That the subject property is located in Development Area 1"Commercial Recreation (C-R) District" ~f the Anaheim Resort Specific Plan No. SP 92-2. 3. That waivers (a) (pertaining to minimum structurai setback and yard requirements 2butting public rights-of-way) and (b) (pertaining to minfmum interior structu.,~l setback and yard requirements, permitted encroachments into required yard and setback areas and minimum screening abutting MHP Overlay zoned property) are hereby approved on the basis that the plans and supporting documentation submitted by the applicant support the findings that specfal circumstances fiave been identified due to the size, shape and location of the proNerty that do not apply to other identically zoned properties in the vicinity because the property is irregularly-shaped and the property is fmpacted by the future construction of Gene Autry Way, including that when said street improvements are completed, the '2- PC99-226 property will be located adjacent to, but will not have any driveway access to, Gene Autry Way due to the street being elevated; that the property adjoins two properties zoned MHP Overiay along both the west and south property lines; and that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the Anaheim Resort Specific Plan. 4. That waiver (c), minimum number of parking spaces, is hereby approved based on information contained in the approved revised Parking Study, prepared by Katz, Okitsu and Associates and dated December 1, 1999; and that granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of the use as contained in the Parking Study that formed the basis for approval of this waiver. 5. That the Parking Study det~:rmined that a minimum of 326 on-site parking spaces will accommodate the parking demand associated with the proposed hotel and accessory uses and, therefore, the waiver will not cause fewer off-street parking spaces to be provided for subject hotel complex than the number of such spaces necessary to accommodate all vehicles attributable to the project under the normal and reasonable foreseeable conditions of operation of the use. 6. That the proposed on-site parking will accommodate the parking demand associated with all on-site uses and will not increase the demand or competition for on-street parking in the immediate vicinity of the proposed use; and that there will not be any on-street parking along the two public streets adjacent to the property (Manchester Avenue and the future Gene Autry Way). 7. That tra~fic congestion will not occur within the on-site off-si!~eet parking areas because the overall demand for parking at the site is lowsr than the amount of pa~ Ring proposed, and a surplus of on-site parking spaces is expected. 8. That the parking area has been designed so that it will not impede vehicular ingress to or egress from adjacent properties; that the parking area has been designed to provide sufficient on-site stacking for vehicles exiting and turning right onto Manchester Avenue, which will be a one-way street; and that no vehicle access is proposed to the future Gene Autry Way. 9. That the proposed use wilf nat adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 10. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 11. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the tra~c in the area, as demonstrated in the revised Parking Study. 12. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 13. That no one indicated their presence at the public hearing in opposition to the proposai; and that no correspondence was received in oppos~tion. CAI.IFORNIA ENVIRONMENTAL QIIALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal for a 407-room hotel complex consisting of a 9-story (97- to 113-foot high) 264-room full-service hotel and a 7-story (75- to 81-foot high)143-room extended- stay hotel with in-room kitchen/kitchenettes, with interior building setbacks which are less than two times the height of the building where located within 150 feet of property zoned Mobilehome Park ("MHP") Overiay and with buiiding heights which exceed one-half the distance between the building and an MHP Overlay Zone boundary, and with waivers of (a) minimum structural setback and yard requirements abutting public rights-of-way, (b) minimum interior structural setback and yard requirements, permitted -3- PC99-226 encroachments into required yard and setback areas, and minimum screening abutting MHP Overlay zoned property, and (c) minimum number of parking spaces on a 6.01-acre irregularly-shaped property having a frontage of approximately 677 feet on the southwest side of Manchester Avenue, a maximum depth of approximately 560 feet, being located approximately 800 feet south of the centeriine of Katella Avenue, and further described as 1855 -1925 South Manchester Avenue; and does hereby determine that the previously-certified Environmental Impact Report No. 313 is adequate to serve as the required environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plannfng Comrt~ission 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 subiect property in order to preserve the safety ar~d general welfare of the Citizens of the City of Anaheim: 1. That the property owner/developer shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring P(an No. 027 specifically created for this project, and far compiying with the monitoring and reporting requirements established by the City of Anaheim in compliance with Section 21081.6 of the Public Resources Code. Fu~thermore, the property owneddeveloper shail be responsible for any direct costs associated with the monitoring and reporting reauirements to ensure implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 027, vuhich is made a part of these conditions of approval by reference. 2. That the property owner/developer shali comply with Condition Nos. 1, 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 44, as set forth in Ordinance No. 5454 adopted by the Ciry Councii on September 27, 1994, in connection with the adoption of the Anaheim Fcesort Specific Plan No. 92-2, said conditions being incorporated herein by reference as if set forth in their entirety. 3. That granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the revised Parking Study prepared by Katz, Gkitsu and Associates and dated December 1, 1999, that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained ir. the revised Parking Study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this Conditional Use Permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 4. That prior to the issuance of a grading permit or the first building permit, including foundation only permits, whichever occurs first, a fot line adjustment consoiidating all of the parcels which comprise the subject property into one (1) parcel shali be submitted to the Public Works Department for review and approval by the City Engineer; and that said lot line adJustment shall then be recorded in thz Orange County Recorder's Office. 5. As part of the Finai Site Pian appiication, plans shall be submitted to the Planning Department showing a dense layered landscape screen, consisting of trees (planted at no greater separations than ten (10) feet on-center), shrubs, ciinging vines and ground cover, to be installed in the ten (10) foot wide landscape setback areas along and adjacent to the north, west and south property lines. The tree density shall be in accordance with the "Very Dense" Tree Density Factor set forth (n the Design Plan of the Anaheim Resort Specific Plan at a point factor of 0.8 or greater and shall be equivalent to the tree density that would be otherwise associated with a twenry (20) foot wide interior setback area along safd property lines. Prior to finai building and zoning fnspections, the property owner/developer shall submit a letter to the Planning Department from a licensed landscape architect certifying that the landscape (nstallation and I;rigation systems have been installed in compliance with the approved landscape plan reflective of this condition. '4' PC99-226 S. That on-going during operation of the hoteis, there shall be no tractor-trailer parking permitted on- site and that there shatl be no outdoor storage of vehictes or other items in the ~arking lot area. 7. That within a period of one (1) year from the date of this resolution and prior to issuance of a grading permit or the first building permit, including foundaBon only permits, whichever occurs first, the property owner/developer shall submit a complete Final Site Plan application to the Planning Department for review and approval by the Planning Commission, 8. That on-going during operation of the hotels, guestroams shall not be rented or let for periods of less than twelve (12) consecutive hours or more than thirty (30) consecutive dsys. 9. That on-going during operation of the hotels, every occupied guestroom shall be provided with daily maid service. 10. That on-going during operation of the hotels, the hotel operator/manager shalt maintain a complete guest registry or guest card system which includes tha full name, address, date of blrth, and verified drivers license or legal (dentification and vehicle reg:stration number of all registered guests, date of registration, length of stay, and room rate, which shall be made availabie upon demand by any police officer, code enforcement o~cer, or license inspector of the City of Anaheim. 11. That on-going during operation of the hotels, a statement shall be printed on the face of the guest registration card to be completed by the guest when registering, advising that the register is open to inspection by any police officer, code enforcement o~cer, or license inspector of the City of Anaheim or any other City of Anaheim personnel for law/code/license enforcement purposes. 12. That on-going during operation of the hotels, the property ownerloperator of the hotel shall comply with the provisions of Section 2.12.020 of the Anaheim Munfcipal Code pertaining to the operator's collection of transient occupancy taxes. 13. That on-going during operation of the hoteis, all avallable room rates shall be prominently dispiayed in a conspicuous place in the office or lobby area of each hotet clearly visitie to hotel guests; and that the property owner and/or hotel operator shall comply with ths provisions of Section 4.09.010 of the Anaheim Municipal Code pertaining to the posting of room rates. 14. That no pay phones shall be permitted outsfde the buildings anywhere on the property. 15. That prior to the first finai building and zoning inspection, the property owner/daveloper shall install signs at the proposed driveway (exit) fndicating "right turn only "(R-59) and "no left tum" (R-17). The sign specification for materials and fnstallation shall conform to the California Department of Transportation Traffic Manual and shail also be subject to review and approval by the Ciry's Traffic and Transportation Manager. 16. That on-going during operation of the hoteis, the hotels shaii operate in conformance wfth the Letters of Operation dated Decembe~ 13, 1999 and July 31, 1999, submitted by ihe petitioner, which letters are provided as Attachment A to the December 20, 1999 Staff Report to the Planning Commission and are fncorporated herefn by reference as if set forth in their entirety. Violation or eperation contrary to safd letters of operation shall subJect thfs Conditional Use Permit to termination or modification pursuant to the provisfons of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. -5- PC99-226 17. That prior to commencement of activities authorized by this resolution, or prior to final building and zoning inspecUons, whichever oxurs first, subject property shal~ be developed substanBally in accordance with the building Iayout and orienta8on, on-site parking and circuiation, structural setback and yard areas, floor areas and building heiahts shown on the plans and specifications submitted to the Ciry of Anahe~im by the pedtioner and which plans are on fite with the Planning Department marked Exhibit Nos. 1 through 10, and the approved Final Site Plan pursuant to • Condition No. 7. 18. That approval of this appiication constitutes approval of the proposed request only to the extent that it compiies with the Maheim Municipai Zoning Code and any other applicable City, State and Federal regulaGons. Approval does not include any action or findings as to compliance or approvat of the request regarding any oth~r applfcabte ordinarce, regulation or requirement. BE IT FURTHER RESOLVED that the Maheim City P;anning Commission does hereby find and determine that adoption of this Resoludon is expressly predicated upon applicanYs compliance with each and all of the conditions herei~above set forth. Should any such condition, or any paR thereof, be declared invalid or unenforcea~le 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 FORE~OING RESOLUTION was adopted at the Planning Commission meetlng of December 20, 1999. ~iW~ Getit,t.G.tJ CHAIRPERSON, ANAHEI CITY PLANNING COMMISSION ATTEST: l -~~X~~ -~'fJJGG6 . SECRETARY, AN EIM 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 foregofng resolution was passed end adopted at a meeting of the Anaheim City Plann(ng Commission held on December 20, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSNVICK, BOYDSTI!N, BRISTOL, KOOS, NAPOLES, VANOERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ARNOLD IN WI7NESS WHEREOF, I have hereunto set my hand this ~~ day of _~_ ~'~ , 2000. U V c~d~t/l~ SECRETARY, A AHEIM CITY PLANNING COMMISSION -6- PC99-226