Loading...
PC 83-229RESOLUTION NO. PC83-223 A RESOLOTIUN OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING REVISED PLANS (REVISION N0. 3) FOR CONDITIONAL USE PERMIT NO. 2322 WHEREAS, Conditional Use Yermit No. 2322 (to permit a six-story, 64-foot high, 408-room hotel with accessory uses and on-sale alcuholic beverages with waiver of minimum number of parking spaces) was conditionally approved by the Planning Commission on April 19, 1982, in connection with Resolution No. PC82-71; and WHEREAS, on July 12, 1982, Planning Commission reviewed and approved revised plans marked Revision No. 1 and determined that the proposed revisions to the structural heights and room locations were in substantial conformance with the plans originally approved on April 19, 1982; and WHEREAS, subject conditional tse permit was readvertise~ fnr a public hearinq befor.e the Planning Commissiun on October 4, 1982, (Resolution No. PC82-185) and Commission approved Revision No. 2 permitting a twe2ve-story, 108-foot high, 488-room hote~ with accessory uses and on-sale alcoholic beverages, witG waiver of the minimum number of parking spaces and permitted location of a freestanding sign; and WHEREAS, the applicant has submitted Revision No. 3 to the approved plans and specifications proposing to construct a 4-story, 42-foot high, 322-room hotel with accessory uses including on-sale alcoholic beverages and with wa_;er of minimum number of parking spaces; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic Center, Council Chamber, 200 S. Anaheim Boulevard, Anaheim, California, on December 12, 1983, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in zccordance with the provisians of the Anaheim Municipal Code, to hear and consider evidence for and against Revision No. 3 of the approved plans and specifications for said conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Commissioa, after due inspection, investigation and study made by itself at said public hearing, DOES HEREBY FIND: 1. That the proposed u~e is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.06.080, 18.44.050.010 and 18.44.050.160 to wit: to consider revised plans marked Revision No. 3 proposin9 to construct a 4-story, 42-foot hi9h, 332-room hotel with accessory uses including on-sale alcoholic beverages and with waiver of the following: SECTION NOS. 18.06.050.024 - Minimum number of parkinq spaces. AND 18.44.066.050 (380 spaces required; 233 spaces proposed) r ~0105r YC83-229 ~..., .- , 2. That the requested waiver is hereby granted on the basis 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 granting of the parking variance under the conditior~s imposed, if any, will not be detrimental to the peace, health, safety or general ~velfare of the citizens of the City of Anaheim; and on the basis that the petitioner stipulated at the public hearing to redesiyn and increase the number of parking stalls for the handicapped to a minimum of 28 of the total number of parking stalls provided; and to provide shuttle bus service for hotel guest:: to minimize the number of passenger vehicle trips; and to ~xecut=_ and record a.i agreement guaranteeing the posting of a bond to guarantee payment of $10,000 for improvements of the intersection at Harbor Boulevard and Katella Avenue. 3. That the proposed use will not adversely affect the adjoining lano uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the sit~ proposed for the use is adequate to allow the full developmeat of the proposed use in a manner not detrimental to the oarticular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. 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. 6. That 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. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: Environmental Impact Report No. 254 was previously cer~ified by the City Council on May 11, 1982 in conjunction with the original approval of Conditional Use Permit No. 2322 (permitting a six-story, 68-foot high, 488-room hotel). NOW, THEREFORE, HE IT RESOLVED that the Anaheim City Planning Commission does heceby 9rant 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 preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That streek lighting facilities along Harbor Aoulevard shall be installed as required by the Utilities General Manage: in accorda~ce with specifications on file in the Office of Utilities General Manager, and that security in the 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 with the City to guarantee the satisfactory completion of the above-mentioned improvemenks. Said security shall be posted with the City of Anaheim prior to issuance of buildinq permits. The above-required improvements shall be installed prior to occupancy, -2- PC83-229 ~•~ 2. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. That prior to comme:icement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That if any portion of the existing structure is retained, it shall be brought up to the minimum standards of the Czty of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 7. 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 Cit-y Council for new commercial buildings. 8. That the owner of subject property shall submit a letter requesting termination of Vatiance No. 3242 and Conditional Use Permit Ncs. 1982 and 183 to the Planning Depattment. 9. That prior to issuance of a building permit the developer shall execute and tecord an agreement and post a bond in forms approved by the City Attorney to guarantee payment of $1~,000.00 for improvements of the intersection at Harbor Boulevard and Katella Avenue, either a) prior to final building and zoning inspections or b) at the time of award of a conY.ract by the City of Ananeim for the improvements at subject intersection, whichever comes first. 10. That the petitioner rec'~sign and increase the number of parking st-alls for the handicapped to a minimum of 2~ of the total number of parking stalls provided. 11. That the developer/hotel owner shall provide a private shuttle bus system from the hotel to various points of interest within the Anaheim City limits. Said shuttle bus system shall consist of a minimum of three (3) nine passenger vans. 12. That a comprehensive Signing Plan for vehicular and pedestrian circulation shall be submitted to the City Traffic Engineer for review and approval. 13. That t:~e design and location of all taxi and bus loading and unloading areas shall be subject to review and approval by the City Traffic Engineer. 14. That au Emergency Access Plaii shall be submitted to the Fire Chief for review and approval. 15. That proaosed structures sha11 be sprinklered as required by the Fire Chief . -3- PC83-229 ~-... r, 16. That prior to issuance of a building permit the owners of subject property shall execute and record a covenant in a form approved by the City Attorney agreeing that if, within three (3) years followiny completion of r_he hotel, the City conducts a traffic study which indicates that the off-street parking is inadequate for the hotel and related uses, said owners shall construct a parkinq structure on the hotel propetty or shall otherwise provide additional off--street parking in a numbec and manner satisfactory to the City Engineer. Additionally, prior to issuance of a building permit for the hotel, said owners 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 the City Engineer to guarantee installation of said additional parking, which amount shall be deemed liquidated damages payable to the City in the event that any sach required parking is not constructed in a timely manner. 17. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 3 of Exhibit Nos. 1 through 3 18. That prior to the commencemert of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occucs first, Condition Nos. 1, 7, 8, 9, 12, 13, 14, and 16, above-mentioned, shall be complied with. Extensions f.or further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 19. That prior to final building and zoning inspections, Condition Nos. 2, 4, 5, 6, 10, 15 and 17, ab~ve-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Planning Cummission 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 atty pazt 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 FOREGUING RESOLUTION is signed and approved by me this 12th day of Aecember, 1983. '~~,/~«~. -~~ d~..~ CHAIRWOMAN~~AHEIM CITY PLANNING COMMISSION ATTEST: ~~ ~ ~~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -4- PC83-229 ':f:::.1 ~~ :i . ~~.. . . . ~ ;:.~;s -"~ rP'` STATE OE CALIFORNZA ) 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 Anahei~n City Planning Commission held on December 12, 1983, by the following vote of ~he members theteof: AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY, HERBST~ KING, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOr, i have hereunto set my hanrl this 12th day of December, 1983. / ~. ~ %~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC83-229