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PC 82-185~:a-. RESOLUTION NO. PC82-lA5 11 RESOLUTION OF THE pDJ11Hg=tg CITY PT,ANNING COMMISSION THAT PE7~ITION FOR CONDI'I'IONAL USE PERMIT r10. 2322 BE GRANTED, IN PART WHGREAS, the Anaheim City Planning Corunission did receive a verified Petition for Conditional Use Permit from WILLZAM P. DRAGANZA, ET AL., 2045 South Hartx~r Boulevard, Anaheim, Cali:ornia 92802, owner, and WALTER C. HONG, 3315 Garden Terrace, Hacienda Heights, California 91745, agent of certain retl property situated in t:ie City of Anaheim, County of Orange, Sta+.e of California, described as: PARCEL 1, IN THE CZTY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCE:L hlAp FILED IN BOOK 117~ PAGES 35 AND 36 OF PARCEL MppS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2, IN THE CITY OF ANAHEIM, COIJAITY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK i17~ PAGES 35 AND 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THAT PORTION OF THE SOUTHF.AST QUARTER OF THE SOU^HEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 ~~gT IN THE RA1VCHn SAN J[7AN CAJON DE SANTA ANA, CITY OF ANAHEItd, COUNTY OF ORANGE, S'~ATE OF CALIFORNIA, AS SAID SECTION IS SH~WN ON A MAP F2ECORDED Itd HOOK 51, PAGE 10 OF MISCELLANEOUS A1AI'S, IiI THE OFFICE OF THE COUNTY RECORDER~ UESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER, SAID POZNT HEING THE INTERSECTIOPI OF THE CENTER LINE OF HARBOR BDULEt1ARD AND ORANGEWOOD AVENOE, THENCE ALONG THE SOUTfiERLy LINE OF SAID NORTHWEST QUARTER AND THE CENTER LINE OF SAID ORANGEWOpD AVENUF„ SOUTH 89° 43' 23" 4JEST 666.85 FEET TO THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NGRTHWEST QUARTER, THENCE ALOtdG SAID ~7ESTERLY L=~. NORTH 1° 13' OB" WgST 353.05 FEET, MORE OR LESS, TO A LINE ppgpl,LEL WITH 11Np DISTANT 353.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE OF ORANGEWppD AVENUE, SAID POINT BEING THE TRUE POINT OF HEGINNING, THENCE ALONG SAID PARAI.LEL LINE NORTH 89° 43' 23" EAST 265.04 FEET MORE OR LESS, TO A LINE PARALLEL WITTt AND DISTANT 265.00 FEET, EASTERLY MEASURED AT RIGHT ANGLES FROM SAID WESTEgI,y LINE, TH~NCE AI,pNG SAID pARALLEL LINE NORTH 1° 13' 08" 4TEST 106.00 FEET, THENCE PARALLEL WITH SAID CENTERLINE OF ORANG~WOpD AVENUE, NORTH 89° 43' 23" EAST 400.72 FEET MORE OF LESS, TO SAID CENTER LINE OF HARHOR BOULEVARD, THENCE ALONG SAID CENTER LINE NORTH 1° 21' ~~~~ WEST 200.93 FEET TO THE NORTH LINE OF SAID SpUTHEAST QUIIRTF.R OF R*HE SOl1THEAST QUARTER OF THE NORTHWEST QUARTER, THENCE SOUTH 49° 43' 37" WE::T 665,32 FEET ALpNG TFIg NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHWEST CORNER THEREOF THENCE ALONC SAID WESTERLY LINE, gOUTH 1° 13' 08" EAST 306.97 FEET MORE OR LESS TO THE POINT OF BEGINNING. 0245I PC82-185 ~,x~:.:; , .~.. , :~--~ .-~. g a; 4' ~ :,. ' K ~Y:,) ~41~~~" R~,:. ; . EXCEPT ANY PORTION TH~REOF WHICH IS NOT INCLUDED NITHIN THE r= ; ~:; ~, ~' ~f~ 4 SOUTHEAST UARTER OF THE SOUTHEAST QUARTER OF' THE NORTHWEST UA ; ~ ~~ ' Q RTER OF SECTIO~I 27, TOF7NSHIP 4 SOUTH, RANGE 10 WEST AS SAID ~': i . ,` , SECTIQN WOULD B~ DEVELOPED .FROM A CENTER AS DESCRIBED IN CASE rt- '''` NO. 40910 IN THE SUPERIOR COURT OF ORANGE COUNTY, CALIFORNIA ,. -, t;! 't ° . A CERTTFIED COPY OF THE DECREE WAS RECORDED AUGUST l 1945 IN '<: : ~,.;,;, ~ , BOOK 1208 , , PAGE 287 OFFICIAL RECORDS, AND IN CASE NO. 41055 IN x~;°! ~ THE SUPERIOR COURT OF ORANGE COUNTY, CALIFORNIA. A CERTIFIED ~~':• ; ~ F COPY OF THE DECREE WAS RECORDED FEBRUARX 14~ 1951, IN BOOK 21 i~, ._, 49, PAGE 174, OFFICIAL RECORDS~ SAID CENTER LINE BEING SHOWN ,~., . L~" ON A MAP FILED IN BOOK 24, PAGE 22 OF RECORD OF SURVEYS IN THE ' , OFFICE OF THE COUNTY RECORDER OF SAID COUNTY r ~ , ~ - '%~ ALSO EXCEPT THAT PORTION OF THE N ORTH 175.00 FE~T THEREOF ';: , MEASURED FROM THE NORTHERLY LINE OF THE LAST DESCRIBED EXCEPT J ION LYING EASTERLY OF A LINE PARALLEL WITH SAID HARSOR j ' ' BOULEVARD, AND DISTANT 41~STERLY 470.32 FE~T MEASURED AT RIGHT p,T ; ~ ,:~: i ANGLES P'ROM THE CENTER LINE OF SAID HARBOR BOULEVARD. f~7FIEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of :Snaheim on September 8, 1982, at 1:30 p.m,, notice of said public hearing having been duly given as required by law and in accordance with the provisions o£ the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of October 4, 1982; 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 of£ered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized l~y Anaheim Municipal Code Section 18.44.050.160 and 18.44.050.010 to wit: To pe;mit a twelve-story, 108-foot high, 488-room hotel with accessory uses and on-sa7~ alcoholic beverages with waivers of the Pollowing: (a) SECTION 18.05.093.023 - Permi.tted location of freestanding sign (77 feet from south property line required; 55 feet proposed) (b) SECTION 18.05.093.0331 - Minimum distance between sians (300 feet required; 35 feetrFroposed) (c) SECTION 18.05.093.0341 - Maximum height of illuminated roof sign (53 feet permitted; 120 feet proposed) (d) SECT20.1 18.06.060 and - Minimum number of parkinq spaces ]:8.44.U66.050 -(489 spaces required; 387 spaces pruposed) ,;:~ -2- PC82-185 ,, 2. That the proposed use is granted, in part, subject to the followir.g stipulations made by the petitioner at the public hearing: a. That an eight (8)-foot high block wall, measured £rom the highest finished adjacent grade level, shall be constructed on the west property line and that minimum 15-gallon trees and mature shrubs shall be planted in a 20-foot wide planter along the west property line to provide an immediate visual barrier to the single-family residences to the west of subject property. b. That construction starting times shall be no earlier than 7:00 a.m. c. That the construction site shall be adequately and frequently watered during construction to ensure that dust will not be a nuisance to surrounding property owners. d. That a television antenna or cable system shall be provided without chargP to the residents to assure satisfactory television reception te any residences which are unable to receive a satisfactory level of television signals because of interference caused by the project structures. 3. That the proposed use is hereby granted subject to the petitioner's stipulation at the public hearing to design and oonstruct the parking structure with adequate footings and foundation to accommodate additional loadings for future levels (489 spaces) to provide additional parking totally in conformance with Code requirement if it is determined, pursuant to Section 18.03.092 of the Anaheim Municipal Code, that additional on-site parking spaces are needed. 4. That the requested waiver (a) Iis hereby granted on the basis that properties to the south are developed commercially and denial would deprive subject property of a privilege enjoyed by other properties in the same zone and vicinity. 5. That the requested waivers (b) and (c) are hereby denied on the basis that the petitioner stipulated at the public hearing to modify the propased illuminated roof sign and place it no higher than the roof, thereby eliminating the need for said waivers since the sign would then become a wall sign which is permissible under Code. 6. That the requested waiver (d) is hereby granted on the basis that recent parking demand studies of the motels and hotels in this area indicate a certain percentage of guests arrive by transportation modes other than private vehicles and that 798 of the required parkir:g would be adequate. 7. That the proposed use, as granted, 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- PCt32-185 ,.,, 8. That the size and shape of the site proposed for the use, as granted, is adequate to allow the full development of the proposed use in a manner no*_ detrimental to the particular area nor to the peace, health, safety and general welfare oE the Citizens of the City of Anaheim. 9. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 10. That the traffic generated by t_he proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 11. That one person indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition t.o the subject petition. ENVIRONMENTAL IMPACT FINDING: That Environmental Impact Report No. 254 was previously certified by the City Council on May 11, 1982, in conjunction with the original approval of Conditional Use Permit No. 2322. NOW, THEREFORE, BE IT RESOL~~ED that the Anaheim City Flanning Commission does hereby a,rant subject 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 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. That street lighting facilities along Harbor Boulevard shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of the Office of Utilities General Manager and security in che fo~-m 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 prior to (1) approval of building permits. The above•-required improvements shall be installed prior to occupazcy. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 3. Tha.t fire hpdrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural Eraming. 4. That subject property skiall be served by underground utilities. 5• That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. ~; _..1_ PC81-185 ~:; ¢.. ~= ~m~~:,.~,..,.,._,~..,..~.,._:...__, _..__ . . ,_ 6. That the owner.(s) of subject property shall pay the traffic signal assessmetit fee (Ordinance No. 3896), in an amount as determined by the City Council, for commercial buildings prior to the issuance of a building permit. 7. That a bond, certificate of deposit, letter of credit or cash in the amount of ten-thousand dollars ($10,000) shall be posted with the City of Anaheim to guarantee improvements at the intersection of Katella Avenue and Harbor Boulevard. Said impr~vements shall include turn lane storage facilities, signing, channeli~ation and removal of on-street parking on Katella Avenue. 8. That the developer/hotel owner shall provide a private shutt~e bus system £rom the hotel to various points of interest within the ci*_y limits. Said shuttle bus system shall consist of a minimum of three (3) nine-passenger vans. 9. That a comprehensive Signing Plan for vehicular and pedestrian circulation shall be subm_itted to the City Traffic Engineer for review and approval. 10. That the design and location of all taxi and bus loading and unloading areas shall be subject to review and approval by the City Traffic Engineer. 11. That an Emergency Access Plan shall be siibmitted to the ;~ire Chief for review a~:fl approval. 12. That proposed structures shall be sprinklered as required by the Fire Chief. 13. That by acceptance and exercise of this permit, the developer/property owner acknowledges the authority of the City to terminate, modify or impose additional conditions of operation pursuant to this permit for any of the reasons set forth in Section 18.03.092 of the Anaheim Municipal Code, including but not limited to rectifying any deficiency in the number of on-site parking spaces. 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibit Nos. 1 through 6; provided, however, that the parking structure will be designed and constructed with adequate footings and foundation to accommodate additional loadings for future levels to provide additional parking to*_ally in conformance with Code requirement (489 spaces) if it is determined, pursuant to Section 18.03.092 of the Anaheim Municipal Code, that additional on-site parking spaces are needed. 15. That Condition No(s). 1, 7, 9, 10, and 11, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building peru~it is issued, or within a period of one year from date hereof, whichever occurs f irst, or such further time as the Planning Commission may grant. -5- PC8 2-185 16. mhat Condition Nos. 2, 4, 5, 12 and 14, above-mentioned, shall be complied with prior L•o firal building and zoning inspections. 17. That the north and south driveways be r located such that the driveway retu.rns will end one foot minimum Ezom the adjacent property lines or that an easement be obtained from the adjacent property owner allowing the encroachment of the driveway returns. 18. That construction starting times shall be no earlier than 7:00 a.m. 19. That the construction site shall be adequately and frequently watered during construction to ensure that dust will not be a nuisance to surrounding property owners. 20. That a television antenna or cable system shall be provided without charge to the residents to assure satisfactory television reception to any residences which are unable to receive a satisfactory level of television signals because of interference caused by the project structurzs. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 conditior., 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 RESOLUI'ION is signed and approved by me this 4th day of October, 1982. N, ANAHEIM CITY P NG COMMISSION ATTEST• `~~ .~ 7~~.~.~:. SECRETARY, F,NAHEIM CITY PLANNING COMMISSION -6 PC82-185 ~ ;; ~~ ~ ... ., ~-- ~ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commis~ion held on October 4, 1982, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, EI~RBST, KING, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of October, 1982. ~~ ~ ~ - SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC82-185 I4 .