200 S. Anaheim Blvd.
Suite 162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JUNE 18, 2024
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: REQUEST TO RESCIND AND REPEAL APPROVALS
PERTAINING TO THE DEVELOPMENT OF A HOTEL AND
WALK-UP/DRIVE-THROUGH RESTAURANT AT 125 EAST
BALL ROAD (DEVELOPMENT APPLICATION NO. 2019-
00161)
ATTACHMENT (Y/N): YES ITEM # 32
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council:
1) By Resolution, set aside its approval of the Mitigated Negative Declaration and Mitigation Monitoring Program No. 388 and rescind Resolution No. 2024-019; 2) By Ordinance, set aside its approval of the amendment to the Zoning Map referred to in Title 18 (Zoning) of the Anaheim Municipal Code to reclassify APN 234-161-04 from the “I” (Industrial) Zone to the “C-G” (General Commercial) Zone and repeal Ordinance No. 6571.
DISCUSSION:
On February 27, 2024, the City Council approved a Mitigated Negative Declaration, Conditional Use Permits and a Minor Conditional Use Permit to permit a hotel and drive-through restaurant with a Floor Area Ratio above 0.50 and valet parking.
On March 19, 2024, the City Council adopted the Ordinance amending the Zoning Map referred to in Title 18 (Zoning) of the Anaheim Municipal Code, to reclassify APN 234-161-04 to apply the "C-G" General Commercial Zone consistent with the Property's General Commercial land use designation in the General Plan.
On April 15, 2024, an entity entitled Supporters Alliance for Environmental Responsibility (SAFER) filed a CEQA challenge to the City’s approval of the project. SAFER has agreed to dismiss the lawsuit if the City rescinds its approval Development Application No. 2019-00161 Recission/Repeal June 18, 2024
Notwithstanding that the project’s conditions of approvals require the applicant to defend, indemnify, and hold harmless the City with respect to the lawsuit, on May 6, 2024, the applicant submitted a letter requesting termination of the Conditional Use Permits and Minor Conditional Use Permit. Pursuant to the provisions of Anaheim Municipal Code Section 18.60.210, those approvals have been terminated. (Attachment 3)
Action of the City Council is required to set aside the remaining entitlements.
IMPACT ON BUDGET:
There is no budgetary impact.
Respectfully submitted,
Ted White
Deputy City Manager / Director of Planning and Building Attachments:
1. Resolution
2. Ordinance
3. Permit Termination