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90-056 RESOLUTION NO. 90R-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3227. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a 166-room, S-story hotel, with waiver of minimum number of parking spaces otherwise required, on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE SOUTHERLY 265.00 OF THE WESTERLY 336.00 FEET OF THE WEST ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10, WEST, S.B.B. AND M. AS PER MAP RECORDED IN BOOK $1, PAGE 10, OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM; and WHEREAS, the City Planning Commission did hold a public hearing upon said application on December 18, 1989, at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt (i) a motion denying approval of a Negative Declaration pursuant to applicable provisions and requirements of the California Environmental Quality Act ("CEQA") and the State Guidelines adopted pursuant thereto, and (ii) its Resolution No. PC89-320 denying Conditional Use Permit No. 3227; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing originally scheduled on January 23, 1990, and continued to February 6, 1990, and then to February 13, 1990; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hear- ing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and DNYG CUP 3227 WHEREAS, at the City Council hearing the applicant withdrew the request for a waiver of minimum number of parking spaces required for the proposed project and agreed and stipulated that said project, if approved, would comply with the minimum off-street parking requirements set forth in applicable provisions of the Anaheim Municipal Code; and WHEREAS, the City Council heretofore considered the environmental documentation and information for the proposed project as contained in the initial study together with any comments thereon received during the public review process, the staff report for the project, and Planning Commission Resolution No. PC89-320, together with the evidence presented at the City Council public hearing, and, upon such information, denied approval of the proposed Negative Declaration for said project on the basis that said project may have a significant environmental impact within the meaning of CEQA and the State Guidelines and that such project should not be considered for approval by the City without preparation and certification of an environmental impact report therefor for the reasons more specifically set forth in paragraph l(i) below; and WHEREAS, the City Council does find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in Section 18.05.050.050 of the Anaheim Municipal Code are not present for the following reasons: 1. That the evidence presented fails to show 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 for the following reasons: a. The proposed project is located within the Commercial Recreation ("CR") Area of the City of Anaheim. b. The project site is currently developed with, and may lawfully be continued to be used as, a 20-unit motel. c. The CR Area is currently the subject of a comprehensive study. The two-tiered study effort is referred to as the Commercial Recreation Area Enhancement Program and Transportation/Land Use Strategy Plan. The Commercial Recreation Area Enhancement Program will encompass a comprehensive image enhancement program addressing recommendations associated with, at a minimum, signage, landscaping and related land use/development regulation issues. The Transportation/Land Use Strategy Plan will assess existing and future conditions of the infrastructure in the Disneyland/Convention Center Area and recommend required improvements commensurate with land use intensification projects. The study is scheduled for completion in mid to late 1990. -2- DNYG CUP 3227 d. The City is currently in the process of developing recommendations regarding permitted land uses, associated standards and design guidelines for the CR Area. New and revised standards, particularly regarding building and landscaped setbacks, parking and signage are being formulated which in most cases are more stringent than existing standards. These new and revised standards will formally be submitted to the Planning Commission for consideration prior to mid-March of 1990. e. The Public Works-Engineering Department is currently investigating the alignment of West Street. This project will be studied by a selected consulting firm. The study is anticipated to be completed by July 1990. At present, West Street intersects with Ball Road at two (2) intersections. It is proposed that West Street be realigned at a single intersection with Ball Road in anticipation of a partial interchange at the Santa Ana Freeway as proposed in the Caltrans widening plans. The realignment of West Street is required to bring the Circulation Plan into conformity with the Land Use Plan in the CR Area. Preliminary alignments discussed to date directly impact this property. However, at this time it is not known to what degree this future right-of~way will affect the property of the Dunes Hotel. f. The results of each of the aforesaid studies will be used by the City for purposes of determining, regulating and implementing the orderly growth and development of the CR Area. g. Approval of the proposed 166-unit hotel project prior to the completion and implementation of the aforesaid studies could adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located by authorizing a significant new project which may be contrary to, or conflict with, the orderly growth and development of the area as proposed in the pending studies. h. Until the aforesaid £R Area studies are completed, the applicant cannot show that the proposed 166-unit hotel project will not conflict with the growth and development of the area in which it is proposed to be located. i. The project is proposed to be located in an area where the public infrastructure (including but not limited to streets, sewers and utilities) is already heavily impacted by existing developments and conditions. The City Council is unable to determine based upon information presented at the hearing what, if any, adverse environmental impacts may result from the proposed project, or the cumulative impacts of the proposed project when considered with other existing and proposed projects in the area, and what, if any, mitigation measures should be required to be incorporated into the project to avoid such impacts until such time as an environmental impact report is prepared and presented to the City for consideration by the Planning Commission or City Council in conjunction with the proposed project. -3- DNY6 CUP 3227 2. That the evidence presented fails to show that the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or the the peace, health, safety, and general welfare for the reasons set forth in paragraphs a through i, inclusive, of Finding No. 1 above. 3. That the evidence presented fails to show 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 traffic in the area for the reasons set forth in paragraphs a through i, inclusive, of Finding No. 1 above. 4. That the evidence presented fails to show that the granting of the conditional use permit would not be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim for the reasons set forth in paragraphs a through i, inclusive, of Finding No. 1 above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove specified, the request of said applicant to permit a 166-unit hotel project on the hereinabove described real property be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of February, 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:db 3515L 021490 DNYG CUP 3227 CLERK STATE OF CALIFO~IA ) COUNTY OF ORANGE ) ss. CITY OF ~EIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-56 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of February, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ka~ood, Pickler, Hunter NOES: COUNCIL MEMBERS: Ehrle ABSENT: COUNCIL MEMBERS: None ~D I ~RTHER certi~ that the Mayor of the City of Anaheim signed said Resolution No. 90R-56 on the 22nd day of February, 1990. IN WITNESS ~EREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of February, 1990. CITY CLE~ OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-56, duly passed and adopted by the Anaheim City Council on February 13, 1990.. CITY CLERK OF THE CITY OF ANAHEIM