Resolution-PC 2006-19~ ~
RESOLUTION NO. PC2006-19
A RESOLUTION-0F THE ANAHEIM PLANNING COMMISSION '
THAT PETITION FOR CONDITIONAL USE PERMIT N0, 2006-05067 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition foc Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, Sfate af California,
described as:
PARCEL A:
PARCELS 1 AND 2 OF PARCEL MAP NO. 88-251, IN THE CITY OF ANAHEIM; COUNTY
OF ORANGE, STATE -0F CALIFORNIA,` AS PER MAP RECORDED 1N 800K 233,
PAGES 41 TO 46 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL B:
THOSE CERTAW EASEMENTS FOR THEBENEFIT OF T'EE OWNERS OF PARCEL A
ABOVE, FOR TILE PURPOSES SET FORTH IN A DOGUMENT ENTITLED
"DECLARATION ESTABUSHING EASEMENTS, RIGHTS, COVENANTS, CONDITIONS
AND RESTRICTIONS REGARDING ACCESS T0 AND PARKING AT THE ANAHEIM
CONVENTION CENTER AND HOTEL ENCLOSED PARKING FACILITY", DATED JIJNE
22, 1989, AND RECORDED JUNE 27, 1989 AS 1NSTRUMENT NO. 89-340401. OFFICIAL
RECORDS, AN AMENDMENT TO DECLARATION RECORDED SEPTEMBER 30, 1994
AS DOCUMENT NO. 94-0589094, OF OFF~CIAL REGORDS, OVER PARCEL 3 UF
PARCEL MAP NO. 88-251, AS FER MAP FILED IN BOOK 233, PAGES 41 T0 46
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COIJNTY RECORDER OF
SAID ORANGE COUNTY.
PARCEL C:
ANON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHIGULAR INGRESS'AND
EGRESS AS SET FORTH IN AN INSTRUMENT RECORDED JUNE 27, 1989 AS
INSTRUMENT NO. 89- 340399, OF OFFICIAI. RECORDS OVER THE LAND DESCRIBED
AS FOLLOWS:
A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN .
CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A
STRIP OF LAND 32.00 FEE7 WIDE AND LYING 16.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CONVENTION WAY
WITH THE CENTERLINE OF CONVENTION CENTER EAST ROAD (A PRIVATE
STREET), AS SHOWN ON THE MAP FILED IN BOOK 30, PAGE 41 OF PARCEL MAPS,
IN THE OFFICE OF SAID COUNTY RECORDER,
THENCE ALONG SA{D CENTERLINE OF CONVENTION CENTER EAST ROAD THE
FOLLOWING COURSES: NORTH 1° 12' 53" WEST, 857.71 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 200.00 FEET;
THENCE NORTHERLY 68.15 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 31' 26" TO THE BEGINNING OF A REVERSE CURVE CONCAVE 70
THE EAST AND HAVING A RADIUS OF 200.00 FEET; l"HENCE NORTHERLY 68.15
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 31' 26"; THENCE
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NORTH 1° 12' 53" WEST 325.99 FEET TO THE CENTERLINE OF' KATELLA AVENUE AS
SHOWN ON SAID LAST MENTIONED MAP.
PARCEL D:
A NON-EXCLUSIVE EASEMENT FOR V~HICULAR iNGRESS AND EGRESS FOR
EMERGENCY AND MAINTENANCE PURPOSES_AS SET FORTH IN AN INSTRUMENT
RECORDED JUNE 27, 1989 AS INSTRUMENI" NO. 89=340399, OVER THE LAi~D
DESCRIBED AS FOLLOWS:
THAT PORI"ION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, {N THE RANCHO SAN JUAN
CAJON DE SANTA ANA, JN THE GTY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CAUFORNIA, AS PER MAP RECORDED IN BOOK 51: PAGE 10 OF MISCELLANEDUS;
MAPS, RECORDS OF SAID COUNTY, DESCRIBED IN PARCELS AS FOLLOWS:
PARCEL L'
A STRIP OF LAND 43.00 FEET WIDE, LYING 21.50 FEET ON EACH StDE OF.THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE CENTERLINE INTERSECTION ~F CONVENTION WAY (110.00
FEET WIDE) WITH CONVENTION CENTER DRIVE (A PRIVATE STREET), AS SAID
INTERSECTION IS SHOWN ONPARCEL MAP N0 88-251, AS PER MAP RECURDED IN
BOOK 233, PAGES 41 THROUGH 46 OF PARCEL MAPS, 'RECORDS OF SAID
COUNTY; THENCE NORTH 1° 13' 06" WEST 261.36 FEET ALC?NG SAID CENTERLINE
FOR CONVENTION CENTER DRNE TO AN ANGLE POINT THEREIN; SAID POINT
BEING HEREINAFTER REFERRED TO AS POINT "A". THE SIDELINES OF SAIb STRIP
SHALL BE LENGTHENED OR SHORTENED SO AS TO ORIGINATE IN THE
NORTHERLY LINE OF SAID CONVENTION WAY AND TERMINATE AT A LINE
BEARING NORTH 61 ° 35' 55" EAST THROUGH SAID POINT "A".
PARCEL IL•
A STRIP OF LAND 31 .00 FEE7 WIDE, LYING 15.50 FEET-0N EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINT "A" HEREINAFTER DESCRIBED, SAID POINT BEING AN
ANGLE POINT FOR THE CENTERLINE OF CONVENTION CENTER DRIVE (A PRIVATE
STREET) THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES:
NORTH 21° 42' 34" EAST, 333.87 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE WEST, HAVING A RADIUS OF 240.00 FEET; THENCE NORTHERLY 96.13
FEET ALONG SAID CURVE THROUGH A CEN7RAL ANGLE OF 22° 56' 58"; THENGE
NORTH 1° 14' 24" EAST, 59.15 FEET TO THE END THEREOF. THE SIDELfNES OF
SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO ORIGINATE IN THE
NORTHERLY LINE OF PARCEL 1, HEREINABOVE DESCRIBED, AND TO TERMINATE
AT A PROLONGATION WESTERLY OF THE NORTHERLY LINE OF PARCEL MAP NO.
88-251, FILED FOR RECORD 1N BOOK 233. PAGES 41 TO 46 {NCtIlSIVE OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL E:
A NON-EXCLUSIVE EASEMENT FOR PIPES, WIRES, DUCTS, CABLES, CONDUITS,
LINES, SERVICE CONNECTIONS, AND OTHER APPARATI, ELECTRICITY, GAS,
STEAM, WATER, SEWAGE, COMMUNICATIONS OR ANY OTHER UTILITIES AS SET
FORTH IN AN INSTRUMENT RECORDED JUNE 27, 1 989 AS INSTRUMENT NO. 89-
340399 OVER THE LAND DESCRIBED AS F~LLOWS:
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PARCELI:
A STRIP OF LAND 43.00 FEET WIDE, LYING 21 .50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE CENTERI.INE INTERSECTION OF CONVENTION WAY (110.00)
FEET- WIDE WITH CONVENTION CENTER DRIVE (A PRIVATE STREET) AS SAID
INTERSECTION IS SHOWN Ot~ PARCEL MAR N0. 88-251, AS PER MAP RECORDED
IN BOOK 233, PAGES 41 THROUGH 46 OF PARCEL MAPS, REGORDS OF SAID
COUNTY; THENCE NORTH 1° 13'-06° WEST, 261:36 FEET ALQNG SAID CENTERLINE
FOR CONVENTION CENTER DRIVE TO AN ANGLE POINT THEREIN, SAID POINT
BEING HEREINAFTER REFERRED TO AS POIN7 "A".
THE SIDELINES OF SAID-STRIP SHALL BE LENGTHENED OR SHORTENED SO AS
TO ORIGINATE IN THE NORTHERLY LINE OF SAID CONVENTfON WAY AND
TERMINATE AT A LINE BEING NORTH 61° 35' S5" EAST THROUGH SAID P.OINT "A". "
PARCEL IL•
A STRIP OF LAND 31.00 FEET WIDE, LYING 15.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED GENTERLINE:
BEGINNING AT POINT "A" HEREINASOVE DESCRIBED, SA1D POINT SEING AN
ANGLE POINT FOR THE GENTERLINE OF CONVENTION CENTER DRIVE {A PRIVATE
STREET), THENCE ALONG SAID CENTERLINE THE FOLLOW WG COURSES:
NORTH 21° 42' 34" EAST 333.87FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE WEST, HAVING A RADIUS OF 240.00 FEET; THENCE NORTHERLY 96.13
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22° 56' 58": THENCE
NORTH 1° 14' 25" WEST 87.45 ~EET TO THE BEGINNING OF A CURVE CC)NCAVE TO
THE EAST, HAVING A RADIUS OF 165.00 FEET; THENCE NORTHERLY ,66.34 FEET
ALONG SAID CURVE THROUGH A CENTRAI ANGLE OF 22° 02' 08°; THENCE NORTH
21° 47' 44" EAST, 170.36 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 214.00 FEET; THENCE NORTHERLY 85.68 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE.OF22° 56' 22'; THENCE NORTH
1° 08' 38" WEST, 258.88 FEET TO THE CENTERLINE OF KATELLA AVENUE (120.00
FEET WIDE).
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS
TO-0RIGINA7E IN THE NORTHERLY LINE OF PARCEL I, HEREINABOVE DESCRIBED,
AND TO TERMINATE IN THE SOUTHERLY LINE OF KATELLA AVENUE.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on February 22, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 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 Commission, 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 non-residential condominium hotel for financing purposes is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.090 (Additional
Uses in the PR Zone);
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because no physicaf or operational changes,
outside of the financing of the hotel, are proposed;
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3. That the size and shape of the site proposed for the use is adequate to allow the fu11 development
of the proposed use in a manner not detrimental to the particular area ar to the health and safety because no
physical or operational changes, outside of #he financing of the hotel, are proposed;
4. That the traffic generated by the proposed use wiil not impose an undue burden upon the streets
and highways designed and improved to carry the tra~c in the area because no physical or operationai
changes, outside of the financing of the hotel, are proposed; and :
5. That the granting of the conditional Use permit under the conditions imposed, if any, will not be
detrimental to the health and safety of the citizens of the City of Anaheim because there are no changes to
the existing land use as the hotel will continue to operate in the same manner as it does presently.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMEN7AL QUALITY ACT FINDING: The Planning commission
concurs with staff that the proposed project falls within the definition of Categorical Exemptions; Section
15301, Class 1(Existing Facilities) and Class 15 (Minor Land Divisions), as defined in the State CEQA
Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grantsubject Petition for Conditional Use Permit, upon the following conditions which are hereby '
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. Ongoing during project operation, with the exception of the proposed financing structure, the
non-residential condominium hotel for financing purposes, including sale of individua( units to
investors, shall be maintained and operated as a hotel as approved by Conditional Use
Permit No. 2288.
2. Ongoing during project operation, Transient Occupancy Tax shall be collected for all hotel
rooms as set forth in Chapter 2.12 (Transient Occupancy Tax) of the Anaheim Municipal
Code.
3. Ongoing during project operation, owners use of airspace condominium units shatl be limited
to seven (7) days per unit not to exceed twenty-eight (28) consecutive days per calendar
year regardless of the number of condominium units under the same ownership and shall be
subject to the payment of Transient Occupancy Tax based upon the hotel room rate of a
comparable hotel room.
4. The CC&Rs and Master Lease shall not be amended or terminated without the prior written
approval of the Planning Director and modification of land use permits as may be required to
authorize and reflect the changes in the CC&Rs and/or the Master Lease.
5. Ongoing during project operations, the property and the existing structure shall continue to
be operated and maintained as the Anaheim Hilton Hote1 or a hotel of comparable quality
and shall be managed, maintained and operated by a single qualified professional entity .
6. Ongoing during project operations, at no time sha{{ the hotel rooms be occupied as
residential dwelling units.
7. 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, State and Federal regulations: Approval does not include any action or findings as to
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compliance or approval of the request regarding any other applicable ordinance, regulation
or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Reso{ution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the finai judgment of any court of competent jurisdiction, then this Resofution,
and any approvals herein contained, shall be deemed null and_void.
BE IT FURTHER RESOLVED that the applicant is responsibie for paying all charges related
to the processing of this discretionary case application wifhin 15 days of the issuance of the finaf invoice or
prior to the issuance of building permits for this project, whichever occurs first: Failure to pay all charges
shall result in defays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 22, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - Generaln of the Anaheim Municipal Code pertaining to eal proc dur and may be replaced
by a City Council Resolution in the event of an appeaL •
: ,~
CHAI AN, NAHEIMPLANNING GOMMISSION
ATTEST:
/~~-~r~-- i~~'L~s~1.~.t~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Gommission
held on February 22, 2006, by the following vote of the members thereof:
AYES: COMM1SS10NERS: EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VEGASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
~N WITNESS WHEREOF, I have hereunto set my hand #his 9~~ day of
/~cr ra , 2006. ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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