88-216RESOLUTION NO. 88R- 216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING CONDITIONAL USE PERMIT NO.
2288 AND THE WAIVER OF MINIMUM OFF-STREET
PARKING REQUIREMENTS CONTAINED THEREIN AS SET
FORTH IN RESOLUTION NO. 82R-125.
WHEREAS, the City Council of the City of Anaheim
heretofore adopted its Resolution No. 82R-125 approving
Conditional Use Permit No. 2288 to permit an eleven-story (plus
mezzanine), 160 foot high. 1600-£oom hotel and related uses
(hereinafter "Hotel"). including on-premise sale and consumption
of alcoholic beverages, with a waiver of the minimum number,
design and type of off-street parking spaces, on certain real
property (hereinafter "Property'~) situated in the City of Anaheim,
County of Orange. State of California, more particularly described
as set forth on Exhibit "A" attached hereto and incorporated
herein by this reference as if set forth in full: and
WHEREAS, the City of Anaheim has initiated an application
to amend said Conditional Use Permit No. 2288 to reduce the
minimum number of off-street parking spaces required to be
provided and maintained in conjunction with said Hotel from 3266
spaces to 1600 spaces; and
WHEREAS, the City Council did hold a public hearing upon
said application on May 31, 1988 in the Council Chambers of the
Anaheim Civic Center in the City of Anaheim, notices of which
public hearing were duly given as required by the provisions of
Title 18, Chapter 18.03 of the Anaheim Municipal Code: and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did give all persons interested therein
an opportunity to be heard and did receive reports and evidence,
both oral and documentary: and
WHEREAS, on May 24, 1988, the City Council heretofore
approved a Negative Declaration pursuant to the provisions of the
California Environmental Quality Act relating, in part, to said
application: and
WHEREAS, the City Council, after careful consideration of
all evidence and reports offered at said public hearing, hereby
finds that the modification of Conditional Use Permit No. 2288 and
further waiver of minimum off-street parking requirements as
contained herein is necessary to permit reasonable operation under
said conditional use permit as granted, for the following reasons:
1. That a parking structure containing approximately
3260 off-street parking spaces ("enclosed parking facility")
was heretofore constructed and has heretofore been maintained
in conjunction with said Hotel.
2. That the City of Anaheim heretofore entered into a
lease purchase agreement for the purchase of said enclosed
parking facility and the 1,526 space replacement parking
structure adjacent thereto (hereinafter conjunctively "parking
facilities") and entered into an installment sale agreement
regarding the enclosed parking facility with the owner of the
Hotel: and
3. That said parking facilities were financed by the
issuance of certain tax exempt obligations which require that
not less than ninety percent (90%) of the total number of
parking spaces in said parking facilities be maintained as
parking available to the general public and not more than ten
percent (10%) thereof devoted exclusively to Hotel use.
4.That, since its construction, the enclosed parking
facility has been underutilized.
5. That the City of Anaheim has heretofore acquired
title to and possession of such enclosed parking facility.
6. That the City of Anaheim has heretofore entered into
or may enter into certain agreements the effect of which will
be for the City of Anaheim and Sunbelt Savings Association of
Texas ("Sunbelt") or another private party to each own
approximately one-half of the enclosed parking facility.
7. That such private ownership of a portion of the
enclosed parking facility will enable the Hotel to have the
use of not less than 1600 off-street parking spaces as opposed
to the Hotel's current exclusive right to use only 326 of the
spaces in the enclosed facility.
8. That the portion of the enclosed parking facility
owned by the City of Anaheim will continue to be maintained as
a public parking structure available to the general public to
the extent required by covenants contained in documents
relating to the financing by the City of its portion of the
enclosed parking facility.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that Conditional Use Permit No. 2288 and
Resolution No. 82R-125 be, and the same are hereby, amended by
modification of the waiver of minimum off-street parking
requirements contained therein to read as follows:
-2-
"SECTION 18.06.050
and
SECTION 18.06.060
Minimum number, design and type of
parking spaces. (3488 spaces
required): 1,600 spaces provided as
follows: 72 standard spaces
(8-1/2' x 19'), 81 small car spaces
(7-1/2' x 15'), 1,238 tandem standard
spaces, and 209 tandem small car
spaces)."
BE IT FURTHER RESOLVED that the aforesaid modification of
the minimum number of off-street parking spaces required for said
Hotel shall become effective upon the date ("Effective Date" ) of
acquisition by Sunbelt or Sunbelt's nominee of the title to and
possession of the aforesaid 1600 off-street parking spaces in said
enclosed parking structure to be maintained for Hotel use ("Hotel
Parking") and thereupon shall supersede any provision otherwise
contained in Resolution No. 82RI125 to the contrary.
BE IT FURTHER RESOLVED that upon and following said
Effective Date it shall be deemed an express condition of
Conditional Use Permit No. 2288 that said Hotel Parking shall be
maintained as off-street parking for said Hotel and Conditional
Use Permit No. 2288 and Resolution No. 82R-125 shall be deemed
amended accordingly.
BE IT FURTHER RESOLVED that, except as
expressly amended herein, Conditional Use Permit No. 2288 and
Resolution No. 82R-125 shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 31st day of May, 1988.
MAYOR~ITY~OFNAHEIM
ATTEST:
~I~Y CLERK OF THE CITY OF ANAHEIM
053188
JLW:ct
2455L
-3-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-216 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 31st day of May, 1988, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
Kaywood
None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-216 on the 31st day of May, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 31st day of May, 1988.
CITY CLERK OF THE CI M
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-216 duly passed and adopted
by the Anaheim City Council on May 31, 1988.
CITY CLERK OF~THE CITY~O~ANAHEIM
[XIIll] I I ~.
POINT Ol: BEGINNING.
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NORTH 19° 3~11 29" WEST, ].5.llll FEET; THENCE NOKTH O1° 1~~ 5~" WEST,
THENCE hORTH 58° 47' 29" EAST~ a72.93 FEET TO THE. TRUE POINT OF