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88-400RESOLUTION NO. 88R-400 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3011. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from MADHUBALA RAMESHBHAI PATEL, ROMESH NAROTTAMBHAI PATEL ET AL., ATT: RbdqESH N. PATEL, 1914 South Anaheim Boulevard, Anaheim, CA 92805, owners to permit a two-story, 63-unit (plus manager's unit) motel upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described PARCEL 1: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M, DESCRIBED AS FOLLOWS: BEGINNING A'i' THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE STATE HIGHWAY 60 FEET WIDE, AS DESCRIBED IN DEED RECORDED JULY 10, 1914, IN BOOK 258, PAGE 65 OF DEEDS, WITH THE NORTH LINE OF THE PARCEL OF LAND CONVEYED TO IRA A. KEESSEE AND WIFE BY DEED RECORDED DECEMBER 30, 1927, IN BOOK 120, PAGE 75 OF OFFICIAL RECORDS; THENCE NORTH 89© 49' 45" EAST ALONG THE NORTH LINE OF SAID PARCEL 402.96 FEET TO A POINT IN THE WEST LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY, AS SAID RIGHT OF WAY IS DESCRIBED IN DEED RECORDED MAY 9, 1899, IN BOOK 40, PAGE 375 OF DEEDS; THENCE NORTH 14° 59' WEST ALONG SAID RIGHT OF WAY LINE 97.90 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO THOMAS HORN AND WIFE BY DEED RECORDED DECEMBER 9, 1940, IN BOOK 1074, PAGE 77 OF OFFICIAL RECORDS; THENCE SOUTH 89° 20' 50" WEST ALONG THE SOUTH LINE OF SAID HORN PARCEL 454.88 FEET TO TIlE SOUTHWEST CORNER OF PARCEL 1 OF THE LAND CONVEYED TO N.S. KEIRSEY AND WIFE BY DEED RECORDED DECEMBER 9, 1940, IN BOOK 1071, PAGE 231 OF OFFICIAL RECORDS, SAID CORNER BEING IN THE NORTHEASTERLY LINE OF SAID STATE HIGHWAY: THENCE ALONG SAID HIGHWAY LINE SOUTH 40© 50' 15" EAST 119.43 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ONE-HALF OF ALL AIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER THAT PORTION OF SAID LAND LYING NORTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE AS FOLLOWS: EASTERLY OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO N. S. KEIRSEY AND WIFE RECORDED DECEMBER 9, 1940, IN BOOK 1071, PAGE 231, OF OFFICIAL RECORDS. PARCEL 2: THE SOUTHERLY 50 FEET LYING EASTERLY OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO N. S. KEIRSEY AND WIFE RECORDED DECEMBER 9, 1940, IN BOOK 1071, PAGE 231 OF OFFICIAL RECORDS, OF THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE 60 FOOT RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD, AS SAID RIGHT OF WAY IS DESCRIBED IN DEED RECORDED MAY 9, 1899, IN BOOK 40,. PAGE 375 OF DEEDS, DISTANCE THEREON SOUTHEASTERLY 439.55 FEET FROM THE NORTH LINE OF SAID SECTION 2: THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF SAID SECTION 26, 753.,24 FEET TO THE CENTER OF THE 60 FOOT CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED RECORDED JULY 10, 1914, IN BOOK 258, PAGE 65 OF DEEDS; THENCE SOUTH 40° 49' 30" EAST ALONG THE CENTER OF SAD HIGHWAY TO THE SOUTHWESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF THE LAND CONVEYED TO NORRIS S. KEIRSEY AND WIFE BY DEED RECORDED NOVEMBER 9~ 1943, IN BOOK 1215, PAGE 472 OF OFFICIAL RECORDS; THENCE NORTH 49° 09' 45" EAST ALONG SAID SOUTHWESTERLY EXTENSION AND ALONG SAID NORTHWESTERLY LINE, 125.41 FEET TO THE MOST NORTHERLY CORNER OF SAID LAND CONVEYED TO KEIRSEY; THENCE SOUTH 40° 50' 15" EAST 180.76 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN THE DEED TO N. S. KEIRSEY AND WIFE RECORDED DECEMBER 9, 1940, IN BOOK 1071, PAGE 231 OF OFFICIAL RECORDS; THENCE NORTH 89° 20' 50" EAST TO A TWISTED IRON BAR IN THE WESTERLYLINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY ABOVE DESCRIBED, WHICH IS DISTANT THEREON NORTH 15° 31' WEST 462.38 FEEl' FROM THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE 453.19 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND, AS RESERVED IN THE DEED FROM JULIA OAKES, A MARRIED WOMAN TO MARGUERITE C. JOHNSON RECORDED SEPTEMBER 22, 1950, IN BOOK 2076, PAGE 498 OF OFFICIAL RECORDS. -2- PARCEL 3: TItAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WESTS S.B.B. & M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON STAKE IN THE NORTHEASTERLY LINE OF THE 60 FOOT STATE HIGHWAY NO. 101, AS DESCRIBED IN DEED RECORDED JULY 10, 1914, IN BOOK 2S8, PAGE 6S OF DEEDS, DISTANT NORTH 40° 50' iS" WEST S82.81 FEE: FROM ITS INTERSECTION WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE NORTH 89° 24' 30" EAST, ALONG THE SOUTH LINE OF THE LAND OF THOMAS HORN AND WIFE, AS SAID LINE WAS ESTABLISHED BY AN EXCHANGE OF DEEDS DATED DECEMBER 4, 1940, RECORDED DECEMBER 9, 1940, IN BOOK 1074, PAGE 77 AND IN BOOK 1071, PAGE 230 OF OFFICIAL RECORDS, RESPECTIVELY, A DISTANCE OF 125 FEET: THENCE NORTH 40o 50' 1S" WEST, PARALLEL WITH THE NORTHEASTERLY LINE OF SAID 60 FOOT STATE HIGHWAY NO. 101, 80.76 FEET, MORE OR LESS, TO A POINT 100 FEET SOUTH 40° SO' iS" EAST FROM THE MOST NORTHERLY CORNER OF THE LAND CONVEYED TO NORRIS S. KEIRSEY AND WIFE BY DEED RECORDED NOVEMBER 9, 1943, IN BOOK 1215, PAGE 472 OF OFFICIAL RECORDS; THENCE SOUTH 49° 09' 45" WEST PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LAND OF KEIRSEY, 95.41 FEET TO THE POINT OF BEGINNING. SAiD LAND IS SHOWN ON A MAP FILED IN BOO 11, PAGE 18 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN PARCEL 2 OF THE DEED RECORDED JUNE 9, 19S4, IN BOOK 2742, PAGE 414 OF OFFICIAL RECORDS; THENCE SOUTH 89° 20' SO" WEST, ALONG THE NORTH LINE OF SAID PARCEL OF LAND 288.98 FEET TO A POINT, SAID POINT BEING AN ANGLE POINT IN THE BOUNDARY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED AUGUST 15, 1952, IN BOOK 2370, PAGE 306 OF OFFICIAL RECORDS; THENCE 0o 004' 05" EAST 11.S7 FEET TO A POINT; THENCE NORTH 89° 20' 50" EAST 28S.77 FEET TO A POINT IN THE WESTERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE SOUTH 15o 31' 00" EAST ALONG SAID WESTERLY LINE, 11.97 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND AS RESERVED IN THE DEED FROM JULIA OAKES TO MARGUERITE C. JOHNSON, DATED AUGUST 4, 1950, AND FILED FOR RECORD SEPTEMBER 22, 1950, IN BOOK 2076, PAGE 498 OF OFFICIAL RECORDS. -3- PARCEL 5: BEGINNING AT THE MOST WESTERLY CORNER OF THAT CERTAIN PARCEL OF HAND DESCRIBED IN PARCEL OF THE DEED RECORDED JUNE 9, 1954, IN BOOK 2742, PAGE 414 OF OFFICIAL RECORDS; THENCE NORTH 890 20' 50" EAST ALONG SAID NORTH LINE, 70.00 FEET TO AN ANGLE POINT IN THE BOUNDARY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED AUGUST 15, 1952, IN BOOK 2370, PAGE 306 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE NORTH 0O 04' 05" EAST 11.57 FEET TO A POINT; THENCE SOUTH 89° 20' 50" WEST 79.91 FEET TO A POINT IN THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN THE DEED RECORDED DECEMBER 9, 1940, IN BOOK 1071, PAGE 231 OF OFFICIAL RECORDS; THENCE SOUTH 40° 50' 15" EAST 15.13 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND AS RESERVED IN THE DEED FROM JULIA OAKES, A MARRIED WOMAN, TO MARGUERITE C. JOHNSON, RECORDED SEPTEMBER 22, 1950, IN BOOK 2076 PAGE 498 OF OFFICIAL RECORDS. PARCEL 6: AN UNDIVIDED 4/7ths INTEREST IN AND TO A WATER WELL, PUMPING PLANT, PIPE LINES, ETC., AS DESCRIBED IN THAT CERTAIN AGREEMENT RECORDED AUGUST 25, 2950, IN BOOK 2062, PAGE 135 OF OFFICIAL RECORDS OF ORANGE COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC88-252 granting Conditional Use Permit No. 3011; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. -4- 2. The proposed use will not adversely affect the adjoin- lng land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Dse Permit No. 3011 be, and the same is hereby, granted permitting a two-story, 63-unit (plus manager's unit) motel on the hereinabove described real property, subject to the following conditions: That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by City Council Resolution. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land fifty (50) feet in width from the centerline of the street along Anaheim Boulevard for street widening purposes. That street lighting facilities along Anaheim Boulevard shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the city to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to occupancy. That sidewalks shall be installed along Anaheim Boulevard as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. That the driveway shall be reconstructed to accommodate ten (10) foot radius curb returns. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. -5- 10. 11. 12. 13. 14. That subject property shall be served by underground utilities. That prior to commencement of structural framing, on-site fire hydrants shall be charged and installed within one hundred fifty (150) feet of any portion of the structure as required and determined to be necessary by the Fire Department. That a plan showing a hammerhead turn-around at the most easterly on-site fire hydrant shall be submitted to and approved by the City Fire Department. That prior to issuance of a building permit, Stadium Area water facilities fees and/or advances to the Hater Utility Division shall be paid by the owner/developer in accordance with Rule lSD of the Water Utility Rates, Rules and Regulations. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. The location of said trash enclosure shall be approved by said division prior to issuance of a building permit. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of ninety (90) days from the date of this resolution, whichever occurs first, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of auy assessment district(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. That pursuant to Chapter 17.30 of Title 17 of the Anaheim Municipal Code, prior to issuance of a building permit or as otherwise provided for in Section 17.50.050 of the Anaheim Municipal Code, a development fee for the Anaheim Stadium Business Center shall be paid to the City of Anaheim in an amount as determined by the City Council. That the front landscaped setback shall include a landscaped earthen berm and shall be planted with minimum fifteen (15) gallon trees located at minimum twenty (20) foot centers, provided that the City Traffic Engineer may modify this requirement to ensure adequate vehicular and pedestrian visibility. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 944 the Zoning Division. to -6- 15. 16. 17. 18. 19. 20. 21. 22. 25. That the proposal shall comply with all signing requirements of the ML "Industrial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. That unless an alternative funding mechanism is implemented prior to issuance of a building permit, the owner shall pay to the City of Anaheim a fee in the amount of $5.55 per gross square feet of building area as a fair share contribution to the Anaheim Stadium Business Center infrastructure funding shortfall. Said fee shall be collected and adjusted in the same manner as the interim development fees for the Anaheim Stadium Business Center as provided in Chapter 17.30 of Title 17 of the Anaheim Municipal Code. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 7. That within a period of ninety (90) days from the date of this resolution, Condition No. 11, above-mentioned, shall be completed. Prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 8, 9, 10, 12, 13, 14 and 18, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. That prior to final building and zoning inspections, Condition Nos. 3, 4, 5, 6, 10, 13, 16, 17 and 19, above-mentioned, shall be complied with. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City regulations. Approval does not include any action or findiugs as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -7- BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and ail of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION City Council 1988. is approved and adopted by the of the City of Anaheim this 8th day of November, MAYOR OF THE CITY OF ATTEST: CITY CLERK OF THE JLW:dm 2815L CITY OF ANAHEIM -8- 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-400 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of November, 1988, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-400 on the 15th day of November, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of November, 1988. CITY CLERK OF THE CITY OF AMAHEIM (SEAL) I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the criginal of Resolution No. 88R-400 duly passed and adopted by the Anaheim City Council on November 8, 1988. CITY CLEt~Y OF THE CITY OF ANAHEIM