Resolution-PC 2001-139• •
RESOLUTION NO. PC2001-139
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04329
UNTIL DECEMBER 31, 2002
WHEREAS, on February 26, 2001, the Anaheim City Planning Commission adopted
Resolution No. PC2001-123 to approve Conditional Use Permit No. 2001-04329 and permit a temporary
tent for convention operations at an existing hotel with waiver of minimum number of parking spaces
(1,525 required, 1,473 proposed) for 10 months to expire December 31, 2001; and
WHEREAS, said Resolution No. PC2001-123 includes the following conditions of approval:
9. That no later than September 4, 2001, the Anaheim Marriott Hotel shall submit a
Master Plan of Development to the Planning Director showing how the hote/ complex
will be modified to accommodate convention-related activities in permanent
structures in conformance with the Anaheim Resort Specific Plan No. 92-2
requirements. The Master Plan of Development shall include a site plan, elevations,
floor plans, parking plans and a schedule for processing a Final Site Plan for the
proposed deve/opment.
10. That the granting of this conditional use permit for a period of ten (10) months from
February 28, 2001 through December 31, 2001, is contingent upon completion of
- - Eondition No. S, above-mentioned by Septembe~4, 2001. -Non-completion of_.
Condition No. 9 by September 4, 2001 shall be deemed a violation of the express
conditions imposed upon the granting of this conditional use permit which shall
subject this conditional use permit to terminafion pursuant to the provisions of
Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
12. That by January 1, 2002, the tent shall be removed and the thirty five (35) parking
spaces which were displaced by said tent shall be returned to, and made available
for, parking use.
WHEREAS, this property is developed with the Anaheim Marriott Hotel in Development
Area 1(C-R District) of the Anaheim Resort Specific Plan No. SP92-2; and that the property is
designated for Commercial Recreation land uses in the City of Anaheim General Plan; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which
will expire December 31, 2001, to permit the continued use of a temporary tent for convention operations
at the existing Anaheim Marriott Hotel with a waiver of minimum number of parking spaces through
December 31, 2002, because a major renovation of the hotel is underway, including meeting rooms and
ballroom facilities; that the renovations are not expected to be completed until the end of the year 2002,
during which time the tent will provide space for convention-related activities; and that the petitioner is
also requesting deletion of Condition Nos. 9 and 10 pertaining to submittal of a Master Plan of
Development for convention-related activities at the hotel because plans are being prepared by the
petitioner to modify the north parking lot to accommodate convention-related activities as part of the final
phase of the renovation; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 24, 2001, 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 consider evidence for and against said proposed amendment and to investigate and
make findings and recommendations in connection therewith; and
Tracking No. CUP2001-04445
CR5205PK.doc -1- PC2001-139
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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 parking waiver is hereby reinstated on the basis that, as demonstrated in the
Parking Demand Study dated February 7, 2001, the parking spaces that are displaced by the temporary
tent are used only for overflow valet parking and the number of remaining spaces is adequate to serve
the on-site uses, including the convention-related operations in the temporary tent; and, therefore, the
waiver will not cause fewer off-street parking spaces to be provided for the approved use than the number
of such spaces necessary to accommodate all vehicles attributable to such use under normal and
reasonably foreseeable conditions of operation.
2. That there is an adequate number of on-site parking spaces to serve the hotel complex,
including the convention-related operations in the temporary tent through December 31, 2002; and that
the waiver will not increase the demand and competition for parking spaces upon the public street in the
immediate vicinity of the proposed use because on-street parking is not permitted along Convention Way.
3. That there is an adequate number of on-site parking spaces to serve the hotel complex,
including the convention-related operations in the temporary tent; and, therefore, the waiver will not
increase the demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use (which property is not expressly provided as parking for such use under an
agreement in compliance with Section 18.06.010.020 of the Zoning Code).
4. That the waiver will not increase traffic congestion within the off-site street parking areas
ar lots ~Srovictect for the-ap~roved use beeause the p~rking spaces -proposed- -to be displaced ._by the _.
temporary tent are currently used for overflow valet parking and not for general public parking; and that
the remaining parking spaces are adequate to serve the on-site uses, including the convention-related
operations in the temporary tent.
5. That the City Traffic and Transportation Manager has reviewed the location of the
temporary tent and determined that its placement in the hotel's north parking lot and the temporary
displacement of the 35 parking spaces will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the use, as proposed to be reinstated.
6. That the use, as proposed to be reinstated and amended, is permitted under authority of
Code Section 18.48.070.050.0528 which permits uses or activities not listed, nor specifically prohibited, to
be considered through a conditional use permit; and that the Planning Commission does determine that
the use, as proposed to be reinstated and amended, is consistent and compatible with the intended
purpose of the Anaheim ResortT"' Specific Plan to create a high-quality resort environment.
7. That the proposal, as reinstated and amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located because the use conforms with
the intent of the Anaheim Resort Specific Plan since the tent will cater to the tourisbconvention-related
uses while the hotel undergoes a major renovation to iYs interior lobby, meeting and ballroom areas.
8. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
9. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
10. That granting this reinstatement and amending the conditions of approval, as requested
and under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare
of the citizens of the City of Anaheim; and that the use is being exercised in substantially the same
manner and in conformance with the conditions and stipulations originally approved by the Planning
Commission.
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11. That this conditional use permit. is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
12. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 4, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby approve and reinstate Conditional Use Permit No. 2001-04239 to permit a temporary tent for
convention operations at an existing hotel with waiver of the minimum number of parking spaces (1,525
required, 1,473 proposed) through December 31, 2002;
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend the conditions of approval adopted in connection with Resolution No. PC2001-23, in their
entirety (to delete Condition Nos. 9 and 10, to amend Condition No. 12 to permit the use until December
31, 2002, and to renumber the conditions to reflect deletion of Condition Nos. 9 and 10), to read as
follows:
1. That subject property shall be developed substantially in accordance with plans and specifications
on file with the Planning Department marked Exhibit Nos. 1 and 2.
2. That the granting of this parking waiver shall be deemed contingent upon the operation of the use in
conformance with the assumptions relating to the operation and intensity of the use as contained in
the Parking Demand Study (dated February 7, 2001) on file in the Planning Department. Exceeding,
viotating, intensifying or otherwise deviating from any of said assumptions as contained in said
Parking Demand Study shall be deemed a violation of the express conditions imposed upon granting
of this parking 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.
3. That plans showing compliance with Uniform Fire Code Article 32 shall be submitted to the Fire
Department for review and approval prior to the issuance of a tent permit by the Fire Department.
4. That prior to commencement of convention-related operations, any exterior equipment or electrical
connections that serve the tent shall be fully screened from view of Convention Way and the
Anaheim Convention Center.
That prior to commencement of convention-related operations, landscape plans shall be submitted
to the Planning Director for review and approval showing the installation of planters with minimum
15-gallon shrubs or bushes at maximum 5-foot separations along the perimeter of the setback area
adjacent to the north side of the tent structure to provide for additional screening of the tent
structure.
6. That prior to commencement of convention-related activities in the tent structure, a licensed
landscape architect shall provide a letter to the Planning Department certifying that all irrigation
systems have been installed in accordance with the approved landscape plans.
7. That landscaping shall be replaced in a timely manner in the event that it is removed, damaged,
diseased and/or dead.
8. That convention-related activities in the tent structure shall be limited to the hours of 7:00 a.m. to
10:00 p.m.
9. That the tent structure shall be maintained in a clean condition and in good repair and that the tent
material shall be replaced in a timely manner in the event that it is damaged.
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10. That, by January 1, 2003, the tent shall be removed and the thirty five (35) parking spaces which
were displaced by said tent shall be returned to, and made available for, parking use.
11. The approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 24, 2001.
ATTEST:
~~~"".-r'`~`~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 24, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~..3r~day of
~c.~ obc~r , 200~.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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