PC 83-140RESOLUTION NO. PC83-140
RESOLUTION OF TH~ ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 3342 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from IBIS/DISNEYLAND PARTNERSHIP, LTD., 2535 Marico?a
Street, Torrance, California 90503, owner of certain real pcoperty situated in
the C~ty of Anaheim, County of Orange, State of Califcrnia described as:
PARCEL 2, IN THE CITY OF ANAHEIM~ COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 74, PAGE 50
OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY.
EY.CEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE
FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS
RECORDED JUNE 2, 1982~ AS DOCUMENT NO. 82-18803t~ OFFZCIAL
RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on August 8, 1983, at 1:30 p,m „
notice of said public hearing having been duly given as required by law and in
accordance wi.th the provisions oc the Anaheim Municipal Code, Chapter 18.03,
to hear an~ consider evidence for and against said proposed variance and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Comr,iission, 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 heating, does find and determine the
following facts:
1. That the petitioner proposes waivers of the following to
construct a 3 and 4-story, 224-room hotel complex:
(a) SECTIONS 18.06.050.024 - Minimum number of parkin4 spaces.
1b.06.080, and 16.48 066 05p _~Zgg spaces required; 197 soaces
proposed)
(b) SECTION 18.48.064.010 - Minimum landscaped setback.
(3 feet required; minimum 0 feet proposed)
2. That the above-mentioned waiver (a) is hereby granted on the
basis that the parking study submitted by the petit.ioner indicates that the
parking variance will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect any adjoining land uses; and that the
variance under the conditions impus~d, if any, will not be detrimental to the
peace, health, safety or general welfare of the citizens of the City of
Anaheim.
3. That the above-mentioned waiver (b) is heceby granted on the
basis that there are special ciccumstances applicable to the property such as
size, shape, topogra~hy, location or surroundings. which no not apYly to other
identically zoned propecties in the vicinity; and strict application of the
2oning Code deprives the property of privileges enjoyed by other properties in
the identical zoning classification in the vicinity; and that the petitioner
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has stipulated to landscaping and maintaining the slopes in the public
rights-of-way alonq liaster Street and Freedman Way.
4. That there are exceptional or extraor.dinary circumstances or
conditions applicable to the property involve~ or to the intended use of the
property that do not apply generally to the property ur class of use in the
same vicinity and zone.
5. That the requested variance is necessary for the preservati.on
and enjoyment of a substantial property right possessed by other property in
the same vicinity and zone, and denied to the property in question.
6. That the requested variance will not be matErially detrimental
to the public welfare or injurious to the property or improvements in such
vicinity and zone in which the pcoper.ty is located.
7. That one person indicated his presence at said public hearing
in opposition; and that no correspondence was received in opposition to
subjeci: petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 3 and 4-story, 224-room
hotel complex with waivers of minimum number of parking spaces and minimum
landscaped setback on an i~regularly-shaped parcel of land consisting of
approximately 5.7 acres located at the southwest corner of Freedman Way and
Haster Street, and further described as 100 West Freedman Way; and does hereby
ap~rove the Negative Declaration from the requirement to prepare an
environmental impact repott on the basis that there would be no significant
individual or cumulative adverse environmental impact due to the approval of
this Negative Declaration since the Anaheim General Plan designates the
subject property for commercial recreation land uses commensurate with the
proposal; that- that Initial Study submitted by t•he petitioner indicates no
significant individual or cumulative adverse environmental impacts; and that
the Negative Declaration substantiating the foregoing findings is on file in
the City of Anaheim Planning Department.
NOW, THEREFORE, BE ZT RESOLVED that the Anaheim City Plann.ing
Commission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a:~ecessary prerequisite to the
propused use of the subject property in oLdex to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the owner of subject property shall pay to the City of Anaheim
a fee for tree planting purposes along Freedman Way and Haster
Screet in an amount as determined by the City Council.
2. That prior to issuance of a building permit, appropriate water
assessment fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
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 for new commercial
buildings.
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4. That the vehicular access rights, except at approved access points,
to Freedman Way and Haster Street shall be dedicated to Yhe City of
Anaheim.
5. That the private driveway providing access to the hotel property
shall be constructed at a grade acceptable to the City Traffic
Engineer.
6. Tl~at vehicular access to subject property shall be provided from
Freedman Way on the north and Katella Avenue on the south, and that
the developer sha21 install a raised median island on Katella Avenue
between Haster Street and Clementine Street as required by the City
Traffic Engineer. The developer shall also install a standard
cul-de-sac at the northerly terminus of Zeyn Street on subject
property.
7. That the existing traffic signal located at the Santa Ana Freeway
off-ramps and Freedman Way shall be modified to adequately control
access to the sub;ect property.
8. That a 5us parking area shall be provided on the hotel property.
9. That the owners of subject property shall execute and record a
covenant in a form ap~,roved by the City Attorney agreeing that if,
within three (3) years following completion of the hotel, the City
conducts a traffic study which indicates that the off-street parking
is inadequate for the hotel and related uses, said oemers shall
construct a parking structure on the hutel property or shall
otherwise provide additional off-street parking in a number and
manner satisfactory to the City En9ineer. Prior to final zoning
inspection and issuance of a certificate of occupancy for the hotel,
said ow~~ers shall post a faithful performance bond with the City or
submit letter of credit or other guarantee acceptable to the City in
an amount as required by th~ City Engineer to guarantee installation
of said additional parkino, which amount shall be deemed liquidated
damages payable to the City in the event that any such required
parking is not constructed in a timely manner.
10. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
11. That street lighting facilities along Freedman Way and Haster Street
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 bo~d,
certificate of deposit, ietter 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
improve?nents. Said security shall be posted with the City of
Anaheim prior to approval of building permits. The above-required
improvements shall be installed prior to occupancy.
12. That subject property shall be served by underground utilities.
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13. That prior to commencement of structural framing, fire hydrants
shall be insta.lled and charged as required and determined to be
r,ecessary by the Chief of the Fire Department.
14. That trash storage areas shall be provided in accordance with
approved plans on file with the Street Maintenance and Sanitation
Aivision.
15. That in the event subject property is to be divided for the purpose
of sale, lease, or financing, a paccel map to cecord 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.
16. That reasonable landscaping, including irtigation facilities shall
be installed by the owner(s) of subject property in Lhe sloped
embankments (public rights-of-way) adjacent to Freedman Way and
Haster Street. Said landscaping shall be permanently maintained by
the owner(s) of subject property.
17. That the ow~er of subject property shall submit a letter requesting
termination of Conditional Use Permit N~s. 735 and 1679 to the
Planning Department.
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 throuqh 9.
19. That prior to the commencement of the activity authori2ed under this
*esolution, or prior to the time that a building germit is issued,
or within a period of one year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 4, 9, 11 and 17,
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.
20. That prior to final buildinJ and zoning inspections, Condition Nos.
5, 6, 7, 8, 9, 10, 12, 14, 16 and ~8, above-mentioned, shall be
complied with.
BE IT FURTHER RESqLVED 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 condition, or any part tnereof, be
declared invalid or unenforceable by the final judgmsnt of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLOTION is signed and approved Uy me this 8th day of
August, 1983.
CH RMAN, ANAHEIM CITY NNING COMMISSION
ATTEST:
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SECRETARY~ 1NAHEIM CITY PLANNING COMMISSTON
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Rnaheim City Planning Commission, do
hereby certiEy that the foregoing resoluti~n was passed and adopted at a
meeting of the Anaheim City Planning Commission held on August 8, 1983, by the
following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, FRY, HERBST~ KING, LA CLAIRE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUSI~ORE, MC BURNEY
IN WITNESS WHEREOF, I have hereunto set my hand this Sth day of August,
1983.
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SECRETARY, ANAHEIM CITY PLANNING CO
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