Resolution-PC 2005-99~ ,~
RESOLUTION NO. PC2005-99
A RESOLUTION OF THE ANAHEIM C1TY PLANN{NG COMMISSION ,
THAT PETITION FOR VARIANCE NO.2005-04656 BE GRANTED
(700 WEST CONVENTION WAY)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City ofAnaheim, County of Orange, State of California
described as:
PARCEL 1 JN THE C~TY OF ANAMEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A PARCEL MAP FILEDJN 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 CERTAW JUDGEMENT AND FINAL ORDER OF '
CONDEMNATION RECORDED MARCH '10, 2000 AS .1NSTRUMENT NO.
20000128022 . _
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 27, 2005, at 2:00 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
18.60, to hear and consider evidence for and against said proposed variance 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 petitioner requests the following waivers to construct an approximately 25,000
square-foot bal-room addition to an existing hoteL• '
(a) SECTION NO. 18.42.040 Minimum number of ~arkina spaces 1 646
required; 1.337 proposed and recommended by
the City Traffic and Transportation Manager)
(b) SECTION NOS. 18.116.070.090.0903 Minimum interior structural setback (10 foot wide
fully landscaped required;1_3 feet proposed)
2. That the above-mentioned waiver (a) pertaining to the minimum number of parking
spaces is hereby granted based on the parking analysis prepared by Kimley-Horn and Associates, Inc.,
dated May 2005, approved by the City 7raffic and Transportation Manager determining that the proposed
parking areas referenced in the study are sufficient for the hotef, ba{Iroom and other accessory uses on
the property. Based on the study, the projected parking demand at peak use would be 82% of the
parking proposed on site (1,099 spaces of the proposed 1,337 spaces). The City Traffic and
Transportation Manager has reviewed this study and has determined that subject to recommended
conditions of approval, the actual supply of 1.337 spaces on the property is adequate for the proposed
ballroom expansion and existing uses on site. Based upon the City Traffic and Transportation Manager's
analysis and recommendation, this waiver is granted based on the following findings:
"(a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodafe all vehicles aftributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
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When the baliroom expansion is complete, the parking supply would be 1,337 parking
spaces. 7he projected future peak demand for existing and proposed uses is
forecasted to be 1,099 parking spaces, which constitutes 82% of the future on-site
parking supply; therefore, all parking demand would be accommodated on site.
,(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
The parking study indicates that all existing parking demand and future parking
demand generated from the proposed project would not increase the demand or
competition for on-street parking because the projected future peak demand for
existing and proposed uses is forecasted to be 1,099 parking spaces, which
constitutes 82%0 of the future on-site parking supply; therefore, all parking demand
woufd be accommodated on site. Additionally, no public parking is allowed on
Convention Way in the immediate vicinity of the Anaheim Marriott.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the -
proposed use.
The parking study indicates the proposed on-siteparking area would be sufficient to _
accommodate the demand of parking generated by the existing and proposed on-site
uses; and therefore, would not increase the demand for parking spaces upon adjacent
private property in the immediafe vicinity of the site.
(d) That the waiver, under the conditions imposed, will not increase tra~c congestion
within the off-street parking areas or lots provided for such use.
The western portion of Anaheim Marriott campus takes access from Convention Way
via two driveways and has over 1,000 feet of on-site vehicle stacking for guests who
self park within the existing parking structure. The proposed baflroom design indicates
large queuing areas to facilitate smooth drop-off and pick-up operation as well as
customer valet areas without creating traffic congestion.
(e) That fhe waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
Ingress and egress for the site is exclusive to the Anaheim Marriott and does not rely
upon or encroach upon access on any adjacent properties. Adequate stacking fro
vehicles is provided on site, such that vehicles will not back up onto the public street
system. The main entry into the parking structure is sufficiently separated from
Convention Way, so as to prevent any conflict with the flow of vehicular traffic
associated with adjacent uses (The Convention Center and the Hilton Hotel) °
3. That waiver (b) pertaining to the minimum interior landscaped setback is hereby granted
based upon the existing configuration and orientation of the westerly interior property line created as a
result of the condemnation of a portion of the petitioner's property to faci{itate the expansion of the
Anaheim Convention Center. Because of the property's location adjacent to the Convention Center, the
site was re-configured along the westerly property line, a special circumstance affecting the property's
size and shape, which did not apply to other identically zoned properties in the vicinity and was not under
control of the property owner; and
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4. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties in the identical zone and classification in the vicinity as observed by staff's
survey of adjacent properties to the north, northeast, and east (Hilton, Coast, and Clarion Hotels)
revealing that each of these properties have interior landscape sefbacks that vary from zero to six feet in
width - not in compliance with the Code (minimum of 10 feet required). Because the existing on site
landscaping would be enhanced by the proposal (as conditioned) bringing the site into closer .
conformance with the Code; and due to the special circumstance created from the reconfiguration of
Convention Way, the strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity;
5. That the requested variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located.
6. 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: That the Planning :
Commission has determined that the proposed projecYs environmental effects are within the parameters,
assumptions and #ime frames analyzed in the previously-certified Environmental Impact Report No. 313
for the Anaheim Resort Specific Plan. Furthermore, based upon a review of the requested conditional
use permit and associated waivers, and the supporting documentation, Commission has determined fhat
said request wilf not resuft in any new significant environmental impacts and any impacts will be "
addressed by Mitigation Monitoring Plan Na 069 for the proposed project incorporating thosemitigation
measures included in 4he Anaheim Resort Mitigation Monitoring Program Na 0085 that are appficable.to
the project.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim CityPlanning Commission
does hereby grant subject Petition for Variance, 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:
1. That the property owner/developer shall be responsible for compliance with all of the mitigation
measures set forth in Mitigation Monitoring Plan No. 069 for this project which incorporates those
mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that
are applicable to the project, and for complying with the monitoring and reporting requirements
established by the City in compliance with Section 21081.6 of the Public Resources Code.
Furthermore, the property owner/developer shall be responsible for any direct costs associated
with the monitoring and reporting requirements to ensure implementation of those mitigation
measures identified in Mitigation Monitoring Plan No. 069, which is made a part of these
conditions of approval by reference.
2. That a detailed elevation and landscape plan of the west elevation of the parking structure shall
be submitted that includes the following elements:
o The installation of up to twenty-five (25) Phoenix Dactylifera or Washingtonia Robusta
palm trees, with a minimum 20-foot brown trunk height (BTH) within the landscaped
area adjacent to the westerly elevation of the existing parking structure. Any decision by
staff regarding said landscape plan may be appealed to the Planning Commission as a
Reports and Recommendations item.
o The installation of bougainvillea vines at each vertical support of the parking structure.
o The installation of a screen wall hedge along the existing wrought iron fence on the west
property line.
o The alternate use of color or materials on the exterior faCade in a manner consistent
with the new ballroom.
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PC2005-99
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3: That prior to final building and zoning inspections, a licensed landscape architect shall'provide a
letter to the Planning Department certifying that all landscaping and irrigation systems have been
installed in accordance with approved landscaping plans.
4. That any tree planted within the Setback Realm shall be replaced in a timely manner in the event
that it is removed, damaged, diseased andlor dead.
5. That a licensed arborist shall be responsible for all tree trimming.
6. That the location, configuration and type of all lighting fixtures including ground-mounted lighting
fixtures utilized to accent buildings,-landscape elements, or to illuminate pedestrian areas, shall
be showh on the plans submitted for building permits. -
7. That address numbers shall be positioned so as to be readily read.able from the street. Numbers
should be illuminated during hours ofdarkness. Said information shall be specifically shown on
plans submitted for building permits.
8. That rooftop address numbers for the police helicopter shall be provided a minimum size of 4' feet
in height and 2' feet in width. Numbers should be`painted in a contrasting color to the roofing
material and shall not be visible from surrounding streets: Said information shall be specifically
shown on pians submitted for building permits.
9. That all backflow equipment shall be located above ground outside of the street setback area +n a
' manner fully screened from all public streets. Any backflow assemblies currently. installed in a
vault shall be brought up to current standards. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside of the street setback areas in a manner fully screened from all public streets and alleys.
Said information shall be shown on plans and approved by Water Engineering and Cross ~
' Connection Control Inspector before submittal for building permits.
10. That since this project has a common landscaping area exceeding 2,500 square feet, a separate
irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter
10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for
building permits.
11. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities' Department.
12. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to abandon any water service
or fire line.
13. That prior to submitting water improvement plans; the developer shall submit a water system
master plan, including a hydraulic distribution network analysis, for Public Utilities Water
Engineering review and approval. The master plan shall demonstrate the adequacy of the
proposed on-site water system to meet the projecYs water demands and fire protection
requirements.
14. That water improvement plans shall be submitted to the Water Engineering Division for approval
and a perFormance bond shall be posted in the amount approved by the City Engineer and City
Attorney, with the City of Anaheim.
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15. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit 4o the Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the
project. This information will be used to determine the adequacy of the existing water system to
provide the estimated water demands. Any off-site water system improvements required to serve
the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and
Regulations.
16. That two separate connections to the public water main shall be required and that a minimum
clearance of five (5) feet from the water main to the curb and gutter and a minimum clearance of
ten (10) feef from the water main to the sewer line shall be maintained. Said information shall be
specifically shown on plans submitted for Water Engineering Division approvaL
17. That prior to the issuance of grading permit, the applicant shall submit to the Public Works
bepartment Qevelopment Services Division for review and approval a Water Quality Management
Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or
"zero discharge" areas, and conserving natural areas.
•'lncorporates the applicable Routine Source Control BMPs 'as defined in the Drainage Area
Management Plan.
• • Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control
- BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
18. That prior to issuance of certificate of occupancy, the applicant shalL•
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite.
• Submit for~review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
19. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436
and 470 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
20. That trash storage areas shall be as indicated in the approved exhibits and in accordance with
approved plans on file with the Streets and Sanitation Division. Such information shall be
specifically shown on the plans submitted for building permits.
21. That the backflow equipment shall be fully screened from the public right-of-way and adjacent
properties. Any modifications to the approved exhibits shall require Planning Services Division
and Water Engineering Division approvaL Said information shall be specifically shown on plans
submitted for building permits.
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22. That all requests for new water service or fire lines, as well as any modifications, relocations, or `
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
23. TMat all existing public water facilities shall be protected in place. The contractor performing this
workshall be responsible for all costs as a result of any damage or repairs to existing water' .
facilities.
24. That fhe legal owner of subject properfy shall provide the City of Anaheim with a public utilities
easement (dimensions will vary with electrical design) along/across high voltage lines, low
voltage lines crossing private property and around all pad mounted transformers, switches
capacitors, etc. Said'easement shall be submitted to the City of Anaheim prior to connection of
electrical service.
25. That a written Solid Waste Management Plan to the Public Works Department for review and
approval. The plan shall provide for on site trasM truck access, and the construction of a double
enclosure and depicting the trash route from the new ballroom to the refuse area.
26. That prior to the issuance of a grading permit, the City ofAnaheim Storm Drain Impact and
ImprovementFee for the South Central Area shall be paid, The fee is currently $23,342 per net
acre for commercial development.
27. That the applicant shall submit a letter requesting termination of Conditional Use Permit Na
2001-04445 (to permit a temporary tent for convention operations at the Anaheim Marriott with a
waiver of minimum number of parking spaces); Conditional Use Permit No. 2001-04329 (to permit
a temporary tent for convention operations at the Anaheim Marriott Hotel from February 28, 2001.
through December 31, 2001, with a waiver of minimum number of parking spaces); and,
Conditional Use Permit No. 4065 (to permit a temporary tent to be used for convention-related
operations from November 1, 1998 through April 30, 1999, with a waiver of the minimum number
of parking spaces).
28. That the property owner/developer shall comply with Condition Nos. 1, 2, 3, 6, 7, 8, 9, 10, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41
as set forth in Ordinance No. 5454 adopted by the City Council on September 27, 1994 in
connection with the adoption of the Anaheim Resort Specific Plan No. 92-2; said conditions being
incorporated herein by reference as if set forth in their entirety.
29. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 17, and as conditioned herein.
30. That prior to issuance of a building permit, or within a period of one {1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 19, 20, 21, 24, ,
25 and 27, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. '
31. That prior to final building and zoning inspections, Condition Nos. 3, 18, and 28, above-
mentioned, sha41 be complied with.
32. That 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. Approyal does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement. '
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BE IT FURTHER RESOLVED that the Anaheim 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 orunenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the finaf
invoice orprior to the issuance of building permits for this project; whichever occurs first. Failure to pay
all charges shall result in delays in the issuance of required permits or the revocation of the approval of
this application. '
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 27, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -- General" of the Anaheim Municipal Code pertaining to appeal proceduces and may be
replaced by a City Council Resolution in the event of an appeaL
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- CHAIRMA , NAHEIM PLANNING COMMISSION
ATTEST:
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,r.: . ~ i~' i ".¢~K/ ~ . ~ ~ . . ~ . ~ ~ ~ ~. . ~.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY-0F ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 27, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, KARAKI, PEREZ, P. ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~- ~ Tday of
2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION