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88-376RESOLUTION NO. 88R- 376 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 here- tofore adopted its Resolution No. 82R-125 approving Conditional Use Permit No. 2288 to permit an eleven-story (plus mezzanine), 160-foot high, 1600-room hotel and related uses (hereinafter "Hotel"), including on-premise sale and consumption of alco- holic 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 heretofore adopted its Resolution No. 88R-216, amending 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 approximately 3266 spaces to approximately 1600 spaces, which amendment has not yet become effective by its terms; and WHEREAS, Anaheim Hotel Partnership has initiated an application to further 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 to approximately 1539 spaces, due to the fact that the area contemplated to be used by the Hotel in fact contains such number of spaces; and WHEREAS, the actions contemplated by Resolution No. 88R-216 to be undertaken by Sunbelt Savings Association of Texas or an affiliate thereof are now contemplated to be undertaken by Sunbelt Savings, FSB or an affiliate thereof; and WHEREAS, the City Council did hold a public hearing upon said application on Octobe[ 4, 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 OCTOBER 4 , 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 a modification of Conditional Use Permit No. 2288 waiving the 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 replacement parking structure adjacent thereto (hereinafter conjunctively "parking facilities") and entered into the afore-mentioned installment sale agreement regarding the enclosed parking facility with the owner of the Hotel; 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 (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 Anaheim Realty Corporation or another subsidiary or assignee of Sunbelt Savings, FSB to each own approximately one-half of the enclosed parking facility; LA1/4957i 7. That such private ownership of a portion of the enclosed parking facility will enable the Hotel to have exclusive use of not less than 1539 off-street parking spaces as opposed to the Hotel's original 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; 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 contained in Resolution No. 88R-216 should be amended and replaced with the the modification contained herein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 2288, as heretofore adopted by Resolution No. 82R-125 and amended by Resolution No. 88R-216 be, and the same is hereby, amended by modification of the waiver of minimum off-street parking requirements contained therein to read as follows: "SECTION 18.06.050 and SECTION 18.06.060 Minimum number, design and type of parking spaces. (3488 spaces required); 1539 spaces as follows: 34 standard spaces (8-1/2' x 19'), 87 small car spaces (7-1/2' x 15'), 1204 tandem standard spaces, 202 tandem small car spaces), and 12 handicap spaces, it being acknowledged that although the required minimum of 1539 spaces shall not change, the number of spaces for each category may vary by not more than 10%. 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 the owner of the Hotel of the legal right to use and possession of at least the aforesaid 1539 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. 82R-125 to the contrary with respect to the number, type and size of spaces. LA1/4957i BE IT FURTHER RESOLVED that the legal description attached hereto as Exhibit "A" is hereby substituted for the legal description attached to Conditional Use Permit No. 2288 and Resolution No. 82R-125. BE IT FURTHER RESOLVED that, except as expressly amended herein, Conditional Use Permit No. 2288 and Resolution No. 82R-125 and Resolution 88R-216 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of October , 1988. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM LA~/4957i 4 o CLEP~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CiTY OF ~NAJ{EIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-376 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of October, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay NOES: COUNCIL btEMBERS: Kaywood ABSE~T: COUNCIL MEMBERS: None A~ND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-376 on the 5th day of October, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of October, 1988. CITY CLERK OF THE CITY OF ANAHEIM (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-376 duly passed and adopted by the Anaheim City Council on October 4, 1988. CITY CI~EP~K OF THE CITY OF AN~RiEIM EXHIBIT "A" PARCEL 1 OF PARCEL MAP NO. 88-251 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 233, PAGES 41 TO 46 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET MEASURED VERTICALLY BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY AT ANY TIME UPON THE SURFACE OF SAID LAND OR WITHIN THE TOP 500 FEET THEREOF FOR THE PURPOSE OF DRILLING FOR AND PRODUCING SAID SUBSTANCES.