Resolution-PC 2001-23•
RESOLUTION NO. PC2001-23
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04329 BE GRANTED
TO FOR TEN (10) MONTHS TO EXPIRE DECEMBER 31, 2001
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 153, PAGES
34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF THE LAND CONVEYED TO THE CITY OF
ANAHEIM BY THAT CERTAIN JUDGMENT AND FINAL ORDER OF CONDEMNATION
RECORDED MARCH 10, 2000 AS INSTRUMENT NO. 20000128022, OF OFFICIAL
RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 26, 2001 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the pro_visions of the Anaheim Municipal Cade, Chapter
18.03, to hear and consider 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 use is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.48.070.050.0528 to permit a temporary tent for
convention operations at an existing hotel from February 28, 2001 through December 31, 2001 with
waiver of the following:
Sections 18.06.050.020.024.0241 - Minimum number of parkinq spaces.
18.06.080 (1,525 required; 1,473 proposed)
and 18.48.110.120
2. That the parking waiver, under the conditions imposed, will not cause fewer off-
street parking spaces to be provided for the approved use than the number of spaces necessary to
accommodate all vehicles attributable to such use under normal and reasonably foreseeable conditions of
operation of such use because, as demonstrated in the Parking Demand Study, the parking spaces that
are proposed to be displaced by the temporary tent are currently used only for overflow valet parking and
the number of remaining parking spaces is adequate to senre the on-site uses, including the convention-
related operations in the temporary tent.
3. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public street in the immediate vicinity of the proposed use
because, as demonstrated in the Parking Demand Study, there is an adequate number of on-site parking
spaces to serve the hotel complex, including the convention-related operations in the temporary tent.
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
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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 Anaheim Municipal Code) because, as demonstrated in the Parking
Demand Study, there is an adequate number of on-site parking spaces to serve the hotel complex,
including the convention-related operations in the temporary tent.
5. That the waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the approved use because the parking spaces
proposed to be displaced by the temporary tent are currently used for overflow valet parking, 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.
6. That city traffic and transportation staff has reviewed the location of the proposed
temporary tent and determined that placement of the tent in the hotel's north parking lot with the
temporary displacement of 35 parking spaces will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the proposed use.
7. That the proposed use, under the conditions imposed, is consistent and compatible
with the intended purpose of the Anaheim Resort Specific Plan to create a high-quality resort environment
because the tent will cater to tourisUconvention-related users.
8. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
9. That the size and shape of the site for the proposed use, under the conditions
impos~d; is adequate to allow full development of #he proposed use in a_manner not detrimen#al to the
particular area nor to the peace, health, safety and general welfare.
10. That the traffic generated by the proposed use, under the conditions imposed, will
not impose an undue burden upon the streets and highways designed and improved to carry the traffic in
the area based upon the Parking Demand Study dated February 7, 2001; and that the tenYs location in
the northwest corner of the property does not impact on-site vehicular circulation.
11. 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.
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 grant subject Petition for Conditional Use Permit for a period of the (10) months, from
February 28, 2001 through December 31, 2001, upon the following conditions which are hereby found to
be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
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 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, violating, intensifying or otherwise deviating from any of said assumptions as contained
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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.
That prior to the issuance of a tent permit by the Fire Department, plans showing compliance with
Uniform Fire Code Article 32 shall be submitted to the Fire Department for review and approval.
4. That prior to commencement of convention-related operations in the tent, any exterior equipment or
electrical connections that serve the tent shall be fully screened visually from Convention Way and
the Anaheim Convention Center.
5. That prior to commencement of convention-related operations in the tent, landscaping plans shall
be submitted to the Planning Director for review and approval showing installation of planters with
minimum fifteen (15) gallon sized shrubs or bushes along the perimeter of the setback area
adjacent to the north side of the tent to screen said tent.
6. That prior to commencement of convention-related activities in the tent, 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 dies.
8. Tk~at-co~ue~tion-related activities in this te~#-shall be limited to the hours of 7:00 a_m. to 10:00 p.m.
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 hotel complex will be modified to
accommodate convention-related activities in permanent structures in conformance with 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 development.
10. That 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 Condition No. 9, above-mentioned
by September 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 termination pursuant to the provisions of Sections
18.03.091 and 18.03.092 of the Anaheim Municipal Code.
11. That the tent 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.
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.
13. 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 26, 2001. /) ^
CHAIRPERSORV, Al~f'~fEIM CITY PLANNING COMMISSION
ATTEST:
O =_~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEtM }
I, Osbelia Edmundson, 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 February 26, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK , BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT; COMMlSStON.ER~: NON~
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
1~~~ , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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