Resolution-PC 98-151RESOLUTION NO. PC98-151
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4065 BE GRANTED FOR FIVE (5) MONTHS
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain reai property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1, OF PARCEL MAP NO. 79-?45 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE GF 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.
WHEREAS, lhe City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 28, 1998 at 1:30 p.m., notice of said public hearing having been duly
qiven 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 conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Cnmmission, 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 fs 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 November 1, 1998 to March 31, 1999, with waiver of the following:
Sections 18.48.110.120 - Minimum number of oarkina soaces.
and 18.06.050.020.0241 (2.028 required; 1.545 provided)
2. That this proposal was originaily for a six month period from November 1, 1998 through April
30, 1999; but that the petitioner modified the request at the public hearing to a five month period, from
November 1, 1998 through March 31. 1999.
3. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking
spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributabie to such use under the normal and reasonably foreseeable conditions of operation of
such use.
4. That the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon the public streets in the immediate vicin(ty of the proposed use.
5. That the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon adjacent private property in lhe immediate vicinity of the proposed use (wh(ch
property is not expressly provided as parking for such use under an agreement in compliance with
Section 18.06.010.020 of this' Code).
6. That the wa(ver, under the conditions imposed, will not increase tra~c congestion within the
off-street parking areas or lots provided for such use because the City Traffic and Transportation Manager
has reviewed the propose~~ location for lhe tent and the submitted Parking Demand Study (prepared by
Litiznger and Associates, a3nd dated August 31, 1998) and determined that there is an adequate number
of on-site parking spaces evailabie to serve the hotel operat(ons during the proposec' outdoor events and
that the proposed tant location in the northwest corner of the property does not impar,t on-site vehicular
circulation.
CR3439PK.DOC -1- pC;lg-~ 51
7. That ihe waiver, under the cono(tions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
8. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located; and that the use of a tent (for a s:.; month
period) conforms with the intent of thr; Anaheim Resort Specific Plan because the tent wili provide a
service to the tourist/convention-related user.
9. That the size and shape of the site for the proposed use is adequate to allow full development
of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and
generai v:elfare.
10. That the tra~c generated by lhe proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
11. That granting of this conditional use permit, under the con~itions (mposed, will not be
detrimental to peace, health, safety and general welfare of the citizens of lhe City of Anaheim.
12. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was re;,eived in opposition to the subJect petition.
CALIFORNIA ENVIRONMENTAL Q~aLITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby determine that the previousiy-certified
Environmental Impact Report No. 313 is adequate to serve as the required environmental document~tion
in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commissfon
does hereby grant subject Petilion for Conditionai Use Permit for a period of five (5) months, upon the
following conditions which are hereby found to be a necessary prerequisite to the proposed use of the
subject property ln order to preserve lhe safety and general welfare of the Citizens of the City of Anaheim:
1. That subject property shall be developed substantially in accordance with plans and specifications
submitted by the petitioner and on file with the Planning Department marked Exhibit No. 1.
2. That granting of this parking waiver and conditional use permit shail be deemed contingent upon
operation of the use (n conformance wfth the assumptions relating to the operation and intensity of
the use as contained in the Parking DHmand Study prepared 5y LEtiznger and Associates (dated
August 31, 1998) on file in the Plar~ning Department. Exceeding, violating, intensifying or othervvise
deviating from any of said assumptions as contained in said Parking Demand Study shall be
deer,ied a violation of 4h,e axpress condilions imposed upon the granting of tliis variance which shall
.~bject said variance :o lermin:jiion or modification pursuant to the provisions of Sections 18.03.091
and 18.03.092 of lhe Anzhe?m Municipal Code.
3. That prior to fssuance of a tent permit by the Fire Department, final landscaping and (rrigation plans
shall be submitSed to the Planning Department for review and approval.
4. That prior to the issuance of a tent permit by the F(re Department, plans showing compliance with
Article 32 of the llniform Fire Code shall be submitted to lhe Fire Department for review and
approval.
5. That convention-related activities in the lent structure shall be limited to ihe hours ~f 7:00 a.m. to
12:00 midnight.
6. That prior to commencement of convention-retated activities in the tent structu~ e, a Iicensed
landscape architect shall provide a letter to the Planning Department certi(ying that ali landscapfng
CR3439PK.DOC .~. ,,,.,,,, ,
and irrigation systems hav~ b~sen installed in accordance with the approved landscape plans,
7. That landscapii~g shall 5~• replaced in a timely manner in the event that it fs removed, damaged,
diseased and/or deac~.
8. That the tent structu~ ~~ shail be removed no later lhan Aprii 1, 1999, and the twenty three (23)
parking spaces diso~~.:t~! by the tent structure shall be made avaiiable for parking purposes.
9. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim ~vlunicipal Zoning Code and any ather applicable City, State and
Federal regulations. Approval doss not fnclude any action or findings as ta 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 applicanPs compliance
with each and all of the con~iitions hereinabove set forth. Should any such condition, or any p3rt thereof,
be declared invalid or unenforceable by lhe final judgmen of any couR3f competent jurisdiction, then this
Resolution, and any approvals herein cnntained, sha I deeme~t!( and void.
~ r
THE FOREGOING RESOLUTION s~dop ed,a) the ,anning Commission meeting of
September 28, 1998. . \f~ ~ /
l
CHAIRPE ~SON, ANPtHEI~VI CITY PLANNING COMMISSION
ATTE T: ~
. ,
SECRETARY NAHEIM CITY PLANfJING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 'Nargarita Solorio, 5ecretary of the Anaheim City Plannfr,~ Commissfon, do hereby certify
that the foregoing resolution was passed and ~c:opt~d at a meeting of the Anaheim City Plonning
Commission held on September 28, 1998, by the following vote cf the members lhereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
•},,~,^ „,IN WITNESS WHEREOF, I have hereunto set my hand this ~. /'"' day of
iJ~'w',i~-~ .1998.
(~+~-~
SEC ETARY NAHEIM CITY PLANNING COMMISSION