87-431
RESOLurION NO. 87R-43l
l'\ RESOLUTION OF THE CITY COUNCIL Of THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PE~1IT NO. 2943.
WHEREAS, the City Planning Commission of the City of Anaheim did
receive an application for a conditional use permit with a waiver of certain
provisions of the Anaheim Municipal Code from SMART AND FINAL IRIS REALTY
CORPORATION, 5933 West Century Blvd., Suite #900, Los Angeles, CA 90045,
ov.rner and NAND C. PATEL, 2932 East Nutwood Avenue, Fullerton, CA 92631,
agent, upon certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
PARCEL A:
THE SOUTH 175 fEI::1 OF THE EAST 195 FEET OF THAT PORTION OF
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 27, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNbR OF SAID NORTHWEST QUARTER,
SAID POINT BEING THE CENTERLINE INTERSECTION OF HARBOR
BOULEVARD, AS DESCRIBED IN DEED TO COUNTY OF ORANGE, RECORDED
JUNE 15, 1946 IN BOOK 1426, PAGE 168, OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, AND
ORANGEWOOD AVENUE, AS DESCRIBED IN DEED TO COUNTY OF ORANGE,
RECORDED NOVF~ER 20, 1947 IN BOOK 1599, PAGE 157, OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY, THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHWEST
QUARTER AND THE CENTERLINE OF ORANGEWOOD AVENUE, SOUTH 69
DEGREES 43 MINUTES 23 SECONDS WEST, 666.85 FEET TO THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID NORTHWEST QUARTER, THENCE ALONG SAID WESTERLY
LINE NORTH 1 DEGREES 18 MINUTES 08 SECONDS WEST, 660.02 FEET
TO THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER, THENCE ALONG
SAIC NORTHERLY LINE NORTH 89 DEGREES 43 MINUTES 37 SECONDS
EAST, 665.32 FEET TO THE EASTERLY LINE OF SAID SOUTHEAST
QUARTER ANI; THE CENTERLINE OF HARBOR BOULEVARD: THENCE ALONG
SAID CENTERLINE SOUTH 1 DEGREES 21 MINUTES 07 SECONDS EAST,
660.00 FEET TO THE POINT OF BEGINNI;-.JG.
PARCEL B:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF 11-1E NORTHWEST QUARTER OF SECTION 27. TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER,
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SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF HARBOR
BOULEVARD AND ORANGEWOOD AVENUE: THENCE ALONG THE SOUTHERLY
LINE OF SAID NORTHWEST QUARTER AND THE CENTERLINE OF SAID
ORANGEWOOD AVENUE, SOUTH 89 DEGREES 43 MINUTES 23 SECONDS
WEST, 666.85 FEET TO THE WESTERLY LINE OF SAID SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER:
11-IENCE ALONG SAID WESTERLY LINE, NORTH 1 DEGREES 13 MINUTES
008 SECONDS WEST, 353.05 FEET, MORE OR LESS, TO A LINE
PARALLEL WITH AND DISTANT 353.00 FEET NORTHERLY, MEASURED AT
RIGHT ANGLES FROM SAID CENTERLINE OF ORANGEWOOD AVENUE,
THENCE ALONG SAID PARALLEL LINE NORTH 89 DEGREES 43 MINUTES
23 SECONDS EAST, 263.04, MORE OR LESS, TO A LINE PARALLEL
WITH AND DISTANT 265.00 FEET EASTERLY, MEASURED AT RIGHT
ANGLES FROM SAID WESTERLY LINE; THENCE ALONG SAID PARALLEL
LINE NORTH 1 DEGREES 13 MINUTES 08 SECONDS WEST, 106.00 FEET
THENCE PARALLEL WITH SAID CENTERLINE OF ORANGEWOOD AVENUE,
NORTH 89 DEGREES 43 MINUTES 23 SECONDS EAST, 400.72 FEET,
MORE OR LESS, TO SAID CENTERLINE HARBOR BOULEVARD, THENCE
ALONG SAID CENTERLINE SOUTH 1 DEGREES 21 MINUTES 07 SECONDS
EAST, 459.07 EAST TO THE POINT OF BEGINNING.
EXCEPT THE SOUTH 176.00 FEET OF THE EAST 196.00 FEET THEREOF.
EXCEPT ANY PORTION THEREOF WHICH IS NOT INCLUDED WITHIN THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS
SAID SECTION WOULD BE DEVELOPED FROM A CENTER, AS DESCRIBED
IN CASE NO. 40910, IN THE SUPERIOR COURT OF ORANGE COUNTY,
CALIFORNIA, A CERTIFIED COpy OF THE DECREE WAS RECORDED
AUGUST 1,1943 IN BOOK 1208 PAGE 287, OFFICIAL RECORDS, AND
IN CASE NO. 41055, IN THE SUPERIOR COURT OF ORANGE COUNTY,
CALIFORNIA, A CERTIFIED COpy OF THE DECREE WAS RECORDED
FEBRUARY 14, 1951 IN BOOK 2144, PAGE 174, OFFICIAL RECORDS,
SAID CENTER BEING SHOWN ON A ~AP FILED IN BOOK 24, PAGE 22 OF
RECORD OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 2:
THAT PORTION OF THE SE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF
SECTION 27, TOWNSHIP 4 SOUTH RANGE 10 WEST, SBBM, IN THE CITY
OF A1~AHEIM, COUNTY OF ORANGE, STinE OF CALIFORNIA DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SW CORNER OF THE SAID NW 1/4, SAID POINT
BEING THE INTERSECTION OF THE CENTER LINE OF HARBOR BLVD. AND
ORA,t.. GEWooD AVENUE; THENCE ALONG THE SOUTHERLY LINE OF SAID NW
1/4 ,\NO THE CENTER LINE OF SAID ORANGEWOOD AVENUE, PROCEEDING
S 89° 43' 23" W, 195.03 FEET ALONG THE CENTER LINE OF
ORANGEWOOD AVENUE; THENCE, N 00 13' 08" W, 214.05 FEET TO A
POINT; THENCE, N 890 43' 23" E, 344.17 FEET TO A POINT ON A
LINE 60' WESTERLY AND PARALLEL WITH THE CENTER LINE OF HARBOR
BLVD.; THENCE, .s 01° 21' 07" E ALONG SAID LINE, 189.06 FEET
TO A POINT; THENCE S 440 II' 08" W, 35.02 FEET TO A POINT
ON THE AFOREMENTIONED LINE PARALLEL WITH THE CENTER LINE OF
ORANGEWOOD AVENUE; THENCE, S 89° 43' 21" E, 319.67 FEET TO
THE POINT OF BEGININNING; and
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WHEREAS, the City Planning Commission did hold a public hearing upon
<;dld applícation at the Ci ty 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.
PC-187 granting Conditional Use Permit No. 2943; and
WHEREAS, thereafter, within the time prescribed by law, an
interested party or the City Council, on its own motion, caused the review of
sa id Planning Commiss ion act ion 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 consideration 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 ~1ich a conditional
use permit is authorized by the Anaheim Municipal Code.
2. 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.
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.
AND WHEREAS, the City Council does further find, after careful
consideration of the action of the City Planning Commission and all evidence
and reports offered at said public hearing before the City Council regarding
said requested waiverCs), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said waiver(s)
should be granted, for the following reasons:
1. That there are special circumstances applicable to the property,
including size, shape, topography, location or surroundings, which do not
apply to other property under identical zoning classification in the vicinity.
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2. That, because of special circumstances shown in (1) above, strict
application of the zoning code deprives the property of privileges enjoyed by
other property under identical zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the Ci ty of
Andheim that, for the reasons hereinabove stated, the action of the City
Planning Commission granting said conditional use permit be, and the same is
hereby, affirmed and that Conditional Use Permit No. 2943 be, and the same is
hereby, granted permitting a 12-story, 105 foot high, 200 room hotel complex
on the hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.0241 - Minimum number of parking spaces.
18.06.080 l314 required; 225 proposed)
18.48.066.050 --- ---
subject to the following conditions:
1.
That this Conditional Use Permit is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No. 87-88-09,
now pending.
L.
Inat the owner of subject property shall pay to the City of Anaheim a fee
for tree planting purposes along Orangewood Avenue and Harbor Boulevard
in an amount as determined by the City Council.
3.
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 the City Council.
4.
That the existing driveways on Harbor Boulevard and Orangewood Avenue
shall be removed and replaced with a standard curb, gutter, sidewalk and
landscaping.
s.
Inat the proposed parking structure design shall conform to Engineering
Standard Plan No. 402-B pertaining to standard details for parking
structures and ramp requirements; and shall be properly designed with
adequate footings and supports to allow the construction of additional
levels to accommodate a maximum of 89 additional spaces and further that
access, circulation and parking way out be approved by the City Traffic
Engineer.
6.
That in the event a parking deficiency occurs within three (3) years
following occupancy of the subject property (said deficiency having been
demonstrated in a parking demand study to be funded by the property owner
at the reques t of the City Traffic Engineer and to be reviewed and
approved by the City Traffic Engineer), additional on-site parking (not
to exceed an additional 89 spaces for a total of 314 spaces) shall be
provided in a manner approved by the City Traffic Engineer; and that a
covenant shall be recorded in a form approved by the City Attorney's
Office obligating the petitioner and any future assignees to provide such
parking if a deficiency is found to exist. Said covenant shall be
recorded prior to issuance of building permits; and that security in the
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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
prior to issuance of building permits guaranteeing construction of said
parking spaces.
That all driveways shall be constructed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
8.
That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
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That in the event subject property is to be divided for the purpose of
sale, lease, or financing, a parcel map to record the approved division
of subject property shall be submitted to and approved by the City of
Anaheim and then be recorded in the Office of the Orange County Recorder.
10.
That subject property shall be served by underground utilities.
11.
That prior to issuance of a building permit, the appropriate fees due for
primary, secondary and fire protection shall be paid to the Water Utility
Division by the owner/developer in accordance with Rules 15A and 20 of
the Water Utility Rates, Rules and Regulations.
12.
That prior to commencement of structural framing, fire hydrants shall be
installed and charged as required and determined to be necessary by the
Chief of the Fire Department.
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That trash storage areas shall be provided and maintained in accordance
with approved plans on file with the Street Maintenance and Sanitation
Division.
14.
That all air conditioning facilities and other roof and ground mounted
equipment shall be properly shielded from view, and the sound buffered
from adjacent residential properties.
IS.
That the proposal shall comply with all signing requirements of the C-R
Zone, unless a variance allowing sign waivers is approved by the City
Council, Planning Commission or Zoning Administrator.
16.
That any proposed parking area lighting fixtures adjacent to any
residential property shall be down-lighted with a maximum height of 12
feet. Said lighting fixtures shall be directed away from adjacent
residential property lines to protect the residential integrity of the
area.
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That all accessways shall be a mInImum of twenty (20) feet wide for
emergency vehicles.
18.
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 5.
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That the existing commercial building (previously Thriftimart) on subject
property be removed and that the owner/developer shall post a faithful
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performance bond (in an amount approved by the City Building Division)
with the Ci ty of Anaheim prior to the issuance of a building permit to
guarantee the removal of the building within a period of six (6) months
following occupancy of the hotel as shown on Exhibit Nos. 1 through 5
herein. Prior to the issuance of a building permit, the owner/developer
shall furnish to the City Building Division written authority granting
the City of Anaheim or any of its agents or employees permission to enter
upon the premises to remove said structure.
20.
That wi thin six (6) months following the occupancy of the hotel, a
20-foot wide landscaped buffer with minimum l5-gallon trees planted on
la-foot centers along the block wall and with adequate irrigation shall
be provided and maintained along the westerly property line; and that a
covenant shall be executed and recorded against the property to guarantee
the installation of said landscaping and irrigation system prior to the
issuance of any building permits. Said covenant shall be approved by the
City Attorney's Office and a copy of the recorded document shall be
furnished to the Planning Department. Said landscaping shall be
permanently irrigated and maintained.
2] ,
That in the event a parcel map is recorded on subject property, a
reciprocal access and parking agreement, in a form satisfactory to the
City Attorney, shall be recorded with the Office of the Orange County
Recorder. A copy of the recorded agreement shall then be submitted to
the Zoning Division.
22.
That prior to the commencement of the activity authorized by thj,s
resolution, or 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, 5, 6, 9, 11, 19, 20, and 21, above-mentioned,
shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
23.
That prior to final building and zoning inspections, Condition Nos. 4, 7,
8, 10, 13, 14, 16,17 and 18, above-mentioned, shall be complied with.
BE IT FURTHtR 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 all 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
dod void.
of lhe
THE FOREGOING RESOLUTION is approved and adopted by
City of Anaheim this 20th day of October, 1987.
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- 1'fAYOR '
the City Council
r>iAYOR OF IHE CITY OF ANAHEIM
ATTEST:/, /-.' l /)
/ / I /.,~ 1/
'-. }~~ // ( "y'cf'(Z
elfy CLERK OF THE CITY OF ANAHEIM
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S'ÙÜE OF CALlFOR1~1A )
U1LJNTY OF OlW~GE )
CiTY OF ArffiHED1 )
ss.
1, LEOi,ur'A N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
tiIe foregoing Resolution No. ~7R-431 was introduced and adopted at a regular
fleeting provided by law, of tile City Council of the City of Anaheim held on
the 20tll day of October, 19~7, by the following vote of the members thereof:
AYí~S;
lXJUNCIL HtJllit1ili:
Ehr Ie, Hlmter, Kaywood and Bay
,-KJES :
WLJNCIL Î'lEl'1ßlliS:
l~one
[\")SÌ'.J\~ f :
QJUNClL HJ:NßEl{S:
PicÌ::der
AL~lJ 1 FUKfHER certify tlldt the Hayor of the City of Anaheim signed said
K.eso~ution No. 87R-43l on the 20th day of October, 1987.
Π~d TNESS WHERIDF, I have ilerew1to set my hand and affixed the seal of the
(~ity of Analleim this 20th day of October, 19c57.
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CITY CLERK OF THE CITI OF ANAHEll1
(SJiL)
L, LW1.JùtU\ jl/. SOJJL, City Clerk of the City ot Anaheim, do hereby certify that
tllP. foregoing is the original of Resolution fJo. 87R-43l duly passed and
adopted by the Anaheim City Council on October 20, 1987.
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EXHIBIT A
FAIR SHARE CONTRIBUTION CHART
Han .:
Oct. .1.J, 1987
HANOVER - KAT ELLA OFFICE PARK
(A)
(B)
(C)
(D)
(E)
(F)
HANOVER RECOMMENDED
BUILDING RECOMMENDED FAIR SHARE FAIR SHARE FAIR SHARE
AREA FAIR SHARE HANOVER PERCENTAGE DIFFERENTIAL SHORTFALL FEE
(~Q FT) CONTRIBUTION CONTRIBUTION CONTRIBUTION (TOTAL) ($ PER SQ. FT)
PHASE 1 ' 184.,00.0 $ 650,000 $ 70,000 10% ($580,000) ($3.15)
PHASE 2 133,000 $ 470,000 $ 50,000 10% ($420,000) ($3.15)
PHASE 3 . 144,000 $ 509,000 $ 150,000 30% ($359,000) ($2.49)
PHASE 4 413,375 $1,463,000 $1,025,000 70% ($438,000) ($1.06)
PHASE 5 395,000 $1,400,000 $ 30,000 l: 5% ($1,370,000) ($3.55)
ALL PHASES * 1,269,375 $4,492,000 $1,125,000 25% ($3,367,000) ($2.65)
* Includes
Col (A) -)
Col (B) -)
Col (C) -)
Col (D)
Col (E)
Col (F)
34,000 square feet of accessory retail uses to be included in parking garages.
Gross building area per phase as identified in the EIR.
Funding shortfall per sq ft of all Stadium area development X Col (A).
(Example: Phase 1 - ($36,124,000";- 10,172,000 sq ft) X 184,000 sq ft ,:,. $650,000'>
Cost estimate of EIR identified area wide improvements. Cost estimates are, based
on calculations used to estimate all area wide improvements.
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Co 1 ( C)+ Co 1 ( B) X 10O.
Col (B) - .Col (C).
Col (E)f Col (A).
FEES SHALL BE COLLECTED AND ADJUSTED IN THE SAME MANNER AS THE INTERIM DEVELOPMENT FEES FOR THE
ANAHEIM STADIUM BUSINESS CENTER AS PROVIDED IN ANAHEIM MUNICIPAL CODE CHAPTER 17.30.
1