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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 • • 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. -2- PC2001-139 • • 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. -3- PC2001-139 ~ ~ 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~. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-139