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PC 81-187r~ESO~u~r~o~~ ~~o. Pcat-~~7 A RESOLUTIO~I ~F TIIE A~1C,NFI'4 ~~iTY PLP~"1~1111G rpr~~~!~SI0~1 Tf1/1T P['fIT10'! FOR CQIlDITIOr!AL USF PER.'11T ^1~, ?2~t=' RF ~R.Ar~TFn WHERE/15, the Anaheim City Planning Commission did receive a verified Petition for Conditlonal Use Permit from E~U1TAf'LE LlFE ASSUpANCF S~CIFTY OF 7HE UNITED STATES, 12~~ Avenue of the Americas, ~Jet•r YorF:, Ple~•r Yerlc 1(?01~, owner, and MARRIOTT CORPORP,TIO"1, ATTEPlTIOPI: GARY n, St11TF!, Marriott ~rive, 4lashington, D.C. 20058, agent, of certain real property situited in the City of anaheim, Ccunty of Orange, State of Californla, described as: Parcel 1, in the City of Anafieim, County of Oranc~e, State of Cal(fornia as shown on a Parcel Map filed in Book T5?, Pages ~1i and 35 of Parcel Maps, in the Office af the County Recorder of Orange County. 4JHEREAS, tlie City Planniny Conmission did schedule a public hearing at the City Hall in the City of Anaheim on /1ug:ist 2~~, ar. 1:3~ p.m., notlce of said public hearing having been duly given as required by la~~ an~i in accordance with the provisions of the Anaheim Municlpal Code, Chapter 1r,~?, to hear and conside~~ evidence for and a9ainst said proposed conditional «s~ permit and to investtqate and make findings and recommendat~ons in connectior iherewitli; sai~l publ(c hearino havi~g been continued to the Planning Commission meetinn of Septemher ^, i~~l; and 1dHEREAS, said Commission after due inspection, investigatlon and study made by itself and in its hehal`, and after due consideration of all evidence and reports offered at said hearing, does find and deter~ine the folloa~ing facts: i, That the proposed use is properly one for t•ahich a conditicna? use permit is authorfzed hy AnaF.eim Municipal Code Section ln.<<3.0;'1.f17^ to i-~it: to n~rmTt n 1~-5trin~, 1~'1 fnnr hi~h. ~~"1-r~~m h~trl P~nanai~n ~~iTh s~~aiv~r ~f; SECTIO!J 1f3.~5.00~ - 111nimu-~ number of parklnq spaces. 2,130 spaces reRuired; 1 , ~0~ pmr_osed) 2. That the proposed use is hereby nranted sub.ject to the 'Follo~ain9 stiputatlons made by the petitioners at the public hearin~: (a) That a sound study shall be p~rformed hy a cPrtified professional acousttcal engineer regarding the proposed loading dock `or the exhibition hall. Said loadin~ dock shall be designed and enclosed with sound absorption aralls as required by the findings o~ the study to prevent nearhy residents fr.~m being disturbeci hy noise from l~ading activit?es. (b) 7hat the hours of operati~n for t,~e pr~posed lo~dinc dock shall re limitcd to 7:~~ a.m, to 1~:;1.~ p,n.; an~i that the loading dock snall be so postP~i. Sald limitatton shall be enrorced by [he Marriott Hotei management. Pr.Rt-ta7 (c) That the use and design of the loadinn ~locF: shall be revTewed uy the Planninn Conmission six months after the date of occupancy to determine ~~~hether or not the noise qenerated by activitles at the loadinc~ dock have ha~i an advrrse impact on the surrounding residential area~. If it is found that the noise does have an adverse impact, additional noise mitigation measures may be required, (d) That specffic plans shall he submitted to and approved by the Planning Commission sho~:iing the a-chitectural treatment nf the south wal~ of the proposed parking struc~ure and also showing the sound absorption ~valls for the oroncsed loadlna docl:. (e) 'that the mastPr television antenna and ali related equipment shall be permanently m.~intained by the petitioner; that any such master antenna and televiston reception equ?pmer~t not cur~ently located on suhjPct property shall he relocated onto suhject property; and that all televisinn cahles shall be eontained in conduit. 3. That the requested ~raiver is hcrehy ,ranted on the basis that a certain percentage of the guests arrive hy transnortation modes other than priva~e automobile and denial would deprive subject property of a nrivile~e enjoyed hy other properties in the same zone and vicinity, 4. That the pronosed use arill not adversely affect the adioinina l~nd uses and the arowth and develo~ment of the area in ~.~(ifch it is pro~osed to be locatecl. ~. That the size and shaoe of the site proposed fnr the use is adequate to alia~~ the full development of the proposed use in ~ manner not detrimental to the particular area nor to the peace, health, safety, and general ~•relfare of the Citizens ~.f ~i.` rir~ ..F f.C~~~..,.. 6. That the granting of the Coniitional Use Pernit under the conditions imposed, if any, will not b~ detrimental to thc: peace, health, safety and general welfare of the Citizens of the City of Anaheim, 7. That tlie traffic generated by the proposed use ~.rill not impose an undue burden upon the streets and highvrays desi~ned and im~rove~i to carry the traffic in the area. 8, That approximately 1'~ persons in~iicated their presence at the August 24, 19~1 and Septemher 9, 19~'t, meel•in~s, and a petition cont~ininn aporoxim tely ~5 signatures and a letter containin9 anFroxim~telv 27 sinnatures, ti~~ere submitted at said public hearings in opposition. E~IVIRONMENTAL iHPACT Fltl~I'Jf: Thac aftAr considerinc [nvironmental Impaet Report No, 2t2 or the proposed expansion of Chc '1a-riott Hotel and revie4ring eviden~e, both i,~ritten and oral, [o suppl~ment `lraft r_~p ~~n. ?L?~ thc llnahcin Ciry Plannin9 Commission finds that: draft EIR ~a~. 247 i~ in ~c,m~,llance ~~iith the Caltfornia Environmental Quality Act and ~oith the City and State E12 Guidellnes, and that the followtng environmr:ntal impact~ have he~n id~ntified as hein9 assoctated a~ith th~ proposed oroject: (a~ There wiil be temoorary inconvenfences to surrounding -2- P~81-18] properties as a result o` noise, dust, and truc4:s during constructio~; (h) The project wili cause an incrementai increase in traffic, air pollution, and noise levels; (c) There ~•rill be addltional visual and no~se intru,ion to the residential area south of the project site; (d) The project may c~ntrihute to the need for additional se~•~agc treatment plsnt capacity (n the future; (e) The increased number of hotel employces may cause further p ~ssure cn the sunply of low and moderate income housing In the ar~a; (f) The st~ucture may Interfere with television reception in adiacent residr-.nti~l areas. The fol loo-~ing r~iitigation r~~easures ~;ii 11 he employe~ to raduce these environmental impacts: (a) Compliance with City cc~des, policies, and procedures including lim(tation of kbrking hours and site ~•~atering; (b) Incorporation of perimeter landscaping in the parkinn structure to reduce ihe visual impact; ~c) A master television antenna a~ill he provided for those residenc~s which exnerience interference tivith TV reception as a result of the prc.ject; therefore, the P~anning Commission certifies EIP, No. 21t2 and adopts the followinn State of Overriding Conslderations: The approval of CondiCional l~se Permit ^~o. 7_21i5 for the proposed expansion of the !larriott Hotel could resuit in the significant environnental inpacts Y~hich have 5een identified ahove and ~~hich may be reduced to an acceptahle level hy the mitiaation measures indicated. The project will hring substantial econor~ic b~nefits to the CitY by providing employr~ent, increasing tax revenues and provtding facilities and services for tourists and conventioneers visitinc~ the /inaheim Comnercial-Recreational Area. These economic and social considerations maF:e it infea=ible to eliminate entirely the siynificant environm~ntal impacts whtch have heen identified in tfie Environmental Impact Reporte tJOW, TtiEREFOBE, BE IT RFSOLVED that the Anaheim City Pianning Commisston does hereby grant suhject Petition for Conditicnal lise Permit, upnn the following conditions which are hereby found to he a necessary prere~uisite to the proposed use of the subject property in order to preserve the safety and ~e.neral welfare of tf~e Citizens of the C(ty of Anaheim: 1. That subject property shall be served by undPr~round utilir.ies. 2. That clrainage of suhject property shall he dlsposed of in a nanner satisfactory to the City Engineer. 3. ThaY trash storage areas shall be provic~ed in accordance ti•~ith approved plans on file ~~ith the Of`ice of the Executive Director of Puhlic Works, ~F. That the oti•mer(s) of suhject property shall pay the traffi_ signal assessment fee (Ordinance No. ;~3~6) in an amount as determined h~ the City Council, for commercial buildings prior to t(~e issuance of a buildina permit. 5. That ~f there is to be ~•~esterly vehicular access as shor:n on the revised plans, the applicant shall ohtain an ingress and e9ress agreement from the City of Anaheim to guarantr~ access to the proposed service entrance from Convention -3- PCSt-187 Uay, tJothing contained in the r3:~nroval of this conditional use permir shall be deem~d to he a commiti~'-nC by the City to apprrve said access request. ~. That the applicant shall nrovidc and ~ermanently maintain a master te.levlsion antenna or ec~uivalent system to as~ure television reception tn those residences ~:~hich are impacted by the structures. The applicant shall also install the connections hetween the impacted residences and the master antenna and sha11 permanently m~intain t!ie connections. The applicant shall c~rant an easement permitting qual(fied television repair personnel access to Lhe oroperty for th~ purpose of inspecting the connections. Furthermore, all tnlevision cables shall be contained in conduit. 7. 7hat the a~esterly drivea~ay shall be redesiqned (includinn elinination of the driveway median) to secure parking ano reduce turning conflicts. ~. That future sewrity ~ate locations shall be s~ibj~ct to the approval of the City Traffic Engineer. 9. That loadtng docf;s shall he or su`ficient size and numher to adequately serve the exhibit hall operation and shall he subject to the aoproval of the City Traffic Engineer. 10. That a soun~i study shall be performe~i hy a certified professional acoust:cal engin~er reqardin9 the prooesed loadin~ dock for the exhibition hall. Said luading doc~ shall be desi9ned and enctosed ~ait`~ sound ahsorption a~alls as required by the finciings o` the study to prevent nearhy residc~nts from b~ing disturbed t~y noise from loading actlvities. 11. That construction activities snall he limitrd to the <laytime hours specified by the City of Anaheim Noise Ord(nance (between the hours of 7 a.m, and 7 p.m.) . 17. Th:~t cUhinrt nrnnc.~~.r ~~.~lt F.,, .+,,.,..t.~.,,,.~ .~._. with plans and speclfications on fil~ «ith the City of Anaheirn~mar{:ed,Rev,ision~Plo~,,I`2 of Exhibit Pdo. 1 and Exhihlts Nos. 2 through 11; provided, hoo-:ever, that the south wali of the parking structure sha11 be fully enclosed. 13. That spectfic plans shall be suhmitted [~ e.~d approved by the F'lanning Cortmission sho~•~ing the arch(tectural treatment of the south ~rall of the proposed parking structure and aiso shov~iny the sound ahsorpticn rialls for the proposed loadirtc~ dock. 14. That Condition Nos. 5, 10, and 13, above-mentioned, shali be complicd with prior to the canmencement of the activity auchorized under this resolution, or prior to th> ttme that the buildin9 permit is issued, or t•iithin a period of one year from date hereof, whichever occurs i=irst, or such further time as thz Planning f,o;miission may grant. iS. ~..at f,or.diti;~n ~los. 1, 7, 3, (, 7. 9, and 1?_, ahove-mentloned, shall be cumplied ~•~ith prior to flnal huildinn and ~oning inspections. 1(. That the hours of o~eration for the preposed loar~inn dock shall he limited to 7:00 a.m, to 10:00 p.m, and that the loadinq docl: shall h.~ s~a posted. Said limitation sha11 he enforced hy the Marriott k{otel :~an~gemFnt. _l+_ PC~iI-187 ~7. That the use ~nd desiqn of thr lo~dinc docl: shall he reviet•~ed hy the Planning Commi„ ion six months arter the ~l~te of occupancy to determine ~•~hether or not the noisr_ generated by activities at the loading docl: have had an adverse tmpact oi; the surrounding residentiai areas. If it is found that thn n~ise does havr_ an adverse iripact, additional mitigation m~asures may he requir~d, BF IT FURTHER P,~SOLVf:~) that tne Anaheim Cit•~ Pl~nning Co~nission cines herehy tind and deterninr_ that adootion of this 4r_~olution is er.pressly predicated upo~ applicant's ca~ipliance ~~fith each and all of the c~n~litions herein~hove set for[h. Sho~~'~ ~ny such condition, or any ~~rt thereof, be declared invalid or unenforceab)e bY th~ final judyment o` any court of comoetent jurisdicti~n, then this .°,esolution, and any approvals herein contained, shali he deemed r.ull and vnid, TNE FOREGOI~JS RF50!IJTi~~! is siqned and approved ~y ne [his 9th day of Septemhe~, 1~$1, A?TEST: ~ :i.~ ~~ 2. ."~ ~.~ Cr1AIR~!AJ, A"l/1HE1,1 CITY PL~tI`ll~!G C'1'1MIS51~"1 ~~ ~ C~~.~, X_ ~,~ SECP.ETA°Y~ A'JAHEfiS CtTY F~F~~lMivG COM?1SS1~~; STATE UF CALIFOR~JIA ~ COUtJTY OF OP,/1NGE ) ss. CITY OF AFIAHE111 ) I, Edith L. Harris, Secretary of the Anahain Citv Plannin9 Comc~ission, do hereby certify that the foregoing rr~solution 4l35 passed and arloptAd at a mPeitna nf the Anaheim Cftv P1~~R~~„ r..Tmr.._r_.. , _-__ ~_~ ~..,~ ~~~ ~•: ~n ~~~~~ember y, l~~tl ~ hy the fol io~•: i nQ vote of the members tn~reof: AYES: COMMISSIO;JEP,S: BAR~aES, BOUAS, EUSNORE, ~RY, HERBST, K1~1I;~ TnLqa ~JOES: CQHt11SSI0DJER5: NOP1E ABSENT: CON!'ISSlOtIERS: Npt![ IFl IJITNESS k~HERE!1F, I have hereunto set r~y hand this ~th day of Seatenber, 1981. ~ ~Y~ ~ ~~ SECRETAR.Y, ~qPJAHE"1 CITY PLn,rl~IIPIG CO'~MISSI~PJ -5- PC81-1$7