PC 83-231--~
RESOLUTION NO. PC83-231
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2460 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from RIVIERA MOBILEHOME PARKS, 300 West
Katella Avenue, Anah~im, California 92802 owner and FLOYD L. FARANO, 2555 East
Chapman Avenue, Suite 415, Fullerton, California 92631, agent of certain real
property situated in the City of Anaheim, County of Orange, State of
California, described as:
PARCEL 1:
THAT PORTION OF THE NORTHI9EST QUARTER Or^ THE NORTHEAST QUARTER
OF SF.:TION 27~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA~ CITY OF ANAFIEIM, COUNTY OF ORANGE~
STATE OF CALIFORNZA~ AS PER MAP RECORDED IN BOOK 51 PAGE 1~7 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY R~CORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A PGZNT ON THE NORTH LINE OF SAID NORTHEAST
QUARTER OF SECTION 27~ NORTH 89° 54' 30" EAST 11~7.80 FEET FROM
THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; TH~NCE NORTH
89° 54' 30" EAST 160.00 FEET; THENCE SOUTH 1° 21' 00" EAST
265.06 FEET PARALLEL WITH THE CENTERLINE OF HARBOR BOULEVARD,
AS SHOWN ON A MAP EILED IN BOOK 43 PAGE 33 OF RECORD OF
SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER, TO A LINE
PARALLEL WITH AND SOUTHEP.LY 265.00 FEET FROM SAID NORTH LIN~ OF
THE NORTHEAST QUARTER; THENCE SOUTH 89° 54' 30" WEST 160.00
FEET ALONG SA.T.D PARALLEL LINE; THENCE NORTH 1° 21' 00" WEST
265.06 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTZON OF THE NORTHEAST QUARTER OF SECTION 27~ TOWNSHIP 4
SOUTH~ RANGE 10 WEST~ IN THE RANCHO SAN JUAh•. CAJON DE SANTA
ANA~ CITY OF ANAHEIM, COUNTY OF ORANGE, STATF. OF CALIFORNIA~ AS
PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE CuUNTY RECORDER OF SAID COUNTY~ DESCRIBED AS
FOLLO~JS;
BEGINNING AT A POItdT ON THE NORTHERLY LINE OF SAID SECTION 27~
NORTH 89° 54' 30" EAST 1277.80 FEET FROM THE NORTHWEST CORNER
OF SAID NORTHEAST QUARTER; THENCE NORTH 89° 54' 30" EAST 150.03
FEET ALONG SAID NORTHERLY LINE TO THE BOUNDARY LINE OF THE :,AND
DESCRIBED AS PARCEL 1 IN THE DEED TO LOUIS M. RUBIN, A MARRIED
MAN~ RECORDED FEBRUARY 16, 1959 IN BOOK 4587 PAGE 154, OFFICIAL
RECORDS; THENCE SOUTH 1° 20' 15" EAST 265.06 FEET ALONG SAID
BOUNDARY LINE TO A LINE THAT ZS PARALLEL WITH AND SOUTHERLY
265.00 FEET FROM THE NORTHERLY LINE OF SAID SECTION 27; THENCE
SOUTH 89° 54' 30' WEST 149.97 FEET ALONG SAID PARALLEL LINE TO
THE SOUTHEAST CORNER OF ^1HE LANll DESCRIBED IN THE DEED TO .70HN
B. PENNINO AND OTHERS~ RECORDFD DECEMBER 14, 1959 IN BOOK 5013
PAGE 307~ OFFICIAL RECORDS; THENCE NORTH 1° 20' 15" WEST 265.06
FEET TO THC POINT OF BEGINNING.
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PARCEL 3
THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10
WEST, RANCHO SAN JUAN CA,JON UE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF nRANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OP
THE COUNTY RECORDER OF S?1ID COUNTX~ DESCRIBED AS FOLLQWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE
NORTH HALF BEING SOUTH 1° 21' 00" EAST 656.10 FEET FROM THE
NORTHWEST CORNER OF SAID NORTHEAST QUAI2TER; THENCE NGRTH 89°
49' 28" EAST 460.01 FEET ALONG THE SOUTHERLY LING OF SAID
NORTH HALF OF THE NORTH HALF OF THE TRUE POINT OP BEGINNING;
THENCE NORTH 1° 21' 00" WEST 390.36 FEET PARALLEL WITE? THE
WESTERLY LINE OF SAID NORTHEAST QUARTER TO A LINE PARALLEL
WITH THE NORTHERLY LINE OF SAID NORTHEAST QUARTER AND
SOUTHERLY 265.00 FEET, MEASURED AT RIGHT ANGLES FROM THE
NORTHERLY ~INE OF SAID NORTHEAST QUARTER; THENCE NORTH 89°
54' 30" EAST 967.75 FEET ALONG SAID PARALLEL LINE TO THE
SOUTHEAST CORNER OF THE LAND DCSCRIBED IN THE DEED TO JERALD
A. PHILLIPS ET AL., RECORDED MAY 1Q, 1960 IN BOOK 5237 PRGE
24 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 1° 20'
15" WEST 265.06 FEET ALONG THE EAST LINE OE SAID LAND TO THE
NORTH LINE OF SAID SECTION; THENCE NORTI3 89° 54' 30" EAST
100.00 FEET ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF
THE LAND DESCRIBED IN THE DEED TO LOUIS M. RUBIN~ RECORDED
MARCH 4, 1960 IN BOOK 5130 PAGE 186 OF SAID OFFICIAL
RECORDS; THENCE SOUTH 1° 20' 15" EAST 265.06 FEET TO THE
SOUTHWEST CQRNER OF SAID LAND; THENCE NORTH 89° 54' 30" EAST
1114.70 FEET PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM
THE NORTH LINE OF SAID SECTION TO THE EASTERLY LID7E OF SAID
SECTION; THENCE SOUTH 1° 19' 30" EAST 387.16 FEET TO THE
SOUTHEAST CORNER OF SAID NORTH HALF OF THE NORTH HALF;
THENCE SOUTH 89° 49' 28" WEST 2182.22 FEET TO THE POINT OF
BEGINNING.
SAID LAND IS SHOWN ON A MAP FILED IN BOOK 43 PAGE 33 OF
RECORA OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 4:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECPIUN 27~ TOWNSHIP 4 SOUTH, RANGE 10 WEST~ IN
THE RANC80 SAN JUAN CAJON DE SANTA ANA~ CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS~ IN THE OFE'ICE OF
THE COUNTY RECORDER OF SAZD COUNTY, DESCRIBED AS F'ULLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST
QUARTER, NORTH 89° 54' 30" EAST 1527.86 FEET FROM THF.
NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 1°
20' 15° EAST 265.06 F~ET; TH~NCE NORTH 89° 54' 30" EAST
20U.05 FEET; THENCE NORTH 1° 20' 15" WEST 265.06 FEET TO
SAID ~ORTH LINE; TAENCE SOUTH 89° 54' 30" WEST 200.05 FEE'~
2I~ THE POINT OF BEGINNING.
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PC83-2~
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SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FZLED
IN BOOK 43 PAGE 33 OF RECORD OF SURVEYS IN THE OFFICE OF
SAID COUNTY RECORDER.
PARCEL 5:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
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 UF CALIFURNIA, AS PER MAP RECORDED
IN SOOK 51 PAGE 10 OF MISCELLANEOUS t4APS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION,
SOUTH 89° 54' 30" WEST 545.00 FEET FROM THE NORTHEAST CORNER
OF SAID SECTION; THENCE SOOTH 1° 19' 30" EAST 2`05.06 FEET
PARALLEL WITH THE EAST LINE OF SAID SECTION TO A LINE
PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM SAID NORTH
LINE; THENCE SOUTH 89° 54' 30" WEST 369.62 FEET ALONG SAID
PARALLEL LINE TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN
THE DEED TO LOUIS M. RUBIN~ RECORDED MARCH 4, 1960 I~~ SOOK
5130 PAGE 186 OF OFFICIAL RECORDS; THENCE NORTH 1° 20' 15"
WEST 265.06 FEET TO THE NORTHEAST CORNER OF SAID LAND OF
RUBIPI; THENCE NORTH 89° 54' 30" EAST 369.68 FEET TO THE
POINT OF BEGINNING.
EXCEPT THE EAST 75.00 FEET THEREOF.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON MAP FILED IN
BOOK 43 PAGE 33 OF RECORD OE SURVEYS~ IN THE OFFICE OF THE
COUNTY RECORDER.
EXCEPTING:
COMMENCING AT A POINT IN THE NORTH LINE OF SAID SECTION
DISTANT THEREON S. 89° 54' 30" W. 620.00 FEET FROM THE
NORTHEAST CURNER UF SAID SECTION AS SAID CORN~R IS SHOPJN QN
A MAP FILED IN BOOK 43~ PAGE 33 OF RECORD OF SURVEYS IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE S. 1° 19' 30" E.
265.06 FEET PARALLEL WITH THE EAST LTNE OF SAID SECTION TO A
LINE THAT IS PARALLEL WITH AND 265.00 FEET SOUTHERLY OF SAID
NORTH LZNE AND THE TRUE POINT OF BEGSNNING; THENCE
CONTINIIING S. 1° 19' 30" E. 388.06 FEET TO SOUTH LINE OF THE
NORTH HALF OF THE NORTH HALF OF SAID NORTHEAST QUARTER;
THENCE N. 89° 49' 28" E. 619.98 FEET ?.LONG SAID SOUTH LINE
TO THE EAST LINE OF SAID SECTION; Tf3ENCE N. 1° 19' 30" W.
387.16 FEET ALONG SAID EAST LINE TO SAID PARALLEL LINE;
THENCE S. 89° 54' 30" W. 620.00 FEET ALONG SAID PARALLEL
LINE TO THE TRUE POINT OF BEGINNING.
WHEREAS, the City Planninq Commission did hold a public hearing at
the Civic Center in the City of Anaheim on November 28. 1983, at 1:30 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, (:hapter 18.03,
to hear and consider evidence for and against said proposed conditional use
permit and to investigate and make finuings and recommendations in connection
thetewith; said public hearing having been continued to the Planning
Commission meeting of December 12, 1983; and
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PC83-7~
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WHEREAS, said Commission, after due inspection, investigation and
stuay made by itself. an. in its behalf, and after due consideration of all
evidence and reports ofEered at said hearing, does find and determine the
following facts:
1. Tha~ the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.48.050.070 &
26.48.050.160 to wit: to permit a 17-story, 183-foot high, 852-coom hotel with
accessory uses anc' on-sale alcoholic beverages.
2. That the proposed use will not advecsely affect the adjoining
land uses and the growth and ~evelopment of the area in which it is proposed
to be located.
3. That 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 patticular area nor to the peace, health, safety and
general welfare of the Citizens of the City of Anaheim.
4. That the granting of the Conditional Use Permit ~inder the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and genetal welfare of the Citizens of the City of Anaheim.
5. That the tcaffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and imp[oved to carry
the traffic in the area.
6. That two persons indicated their presence at said public
hearinq in opposition; and that no correspondence was received in opposition
to tt~e subject petition.
ENVIRONMENTAL IMPACT FINDING: That after considering Draft EIR No.
2G2 for a development plan (Riviera Project) inclufiing subject proposal~ and
reviewing evidence, both wtitten and oral, presented to supplement Draft EIR
No. 262, the Plannin9 Commission find~ that EIR No. 262 is in compliance with
the California Environmental 4uality Act and the City and State CEQA
Guidelines; and that the Planning Commi.ssion further finds that economic and
social considerations make it infeasible to eliminate entirely the significant
environmental impacts which have been identified in Finai EIR No. 262.
However, the benefits of the project have been balanGed against the
unavoidable environmental impact and pursuant to the provisions of Section
15053 of the State CEQA Guidelines, the occurtence of the significant
environmental effects identified in Final EIR No. 262 and as set forth above
may be permitted without further mitigation due to the fcllowing overriding
considerations: (1) after completion, the proposed project is expected to
generate a net fiscal surplus of $1,620,500 per year for the City. This will
provide funds for the operation of programs for the benefit oE all Anaheim
residents which would not otherwise be economically feasible; (2) the proposed
project will provide a balanced development which is compatible with and
complementary to the adjacent commercial-recreation area; and (3) the proposed
ptoject will provide employment for an estimated 4,200 persons; therefore, the
Planning Commission hereby certifies EIR No. 262 for the Riviera Project and
adopts this Statement of Overriding Considerations.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant 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 ocder to preserve the safety
and general welface of the Citizens of the City of Anaheim:
1. That the owner of subject pr~perty shall irrevocably offer to
dedicate to the City of Anaheim a strip of land of variable width as
req~~ired by the City of Anaheim fot the construction of Clementine
Street ftom Katella Avenue south to the southerly property line of
subject property.
2. That all engineering requirements of the City of Anaheim along
Clementine Street, including preparation of improvement_ plans and
installation of all improvements such as curbs and gutters,
sidewalks, stteet grading and pavement, sewer and drainage
facilities, or other appurtenant work shall be complied with as
required by the City Engineer and in accordance with specification~
on file in the Office of the City Engineer; and that security in the
form of a bond, certificate of deposit, letter of credit, or cash,
in an amount and focro satisfactory to the City of Anaheim, shall be
posted with the City to guarantee the satisfactory completion of
sa:d improvements. Said security shall be posted with the City
prior to approval of improvement plans, to guarantee the
installation of the above-required improvements prior to occupancy.
3. That dcainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer. This shall include construction
of a storm drain in Clementine Street such that will permit the
travel lanes to remain unflooded in a 10 year design storm. Said
storm drain shall extend so~thecly fcom Katella Avenue through
subject property and continuing across property located directly
south of subject propert~ to the existiny drain north of Qrange~rood
Avenue.
4. 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 propetty shall be submitted to and approved by
the City of Anaheim and then be recorded in the Office of the Orange
County Recorder.
5. That subject property within this tract shall be served by
underground utilities.
6. Prioc to commencement of stru~tural framing, fire hydrants shall be
installed and charged as requited and determined to be necessary by
the Chief of the Fire Department.
7. That trash stocage areas shall be provided in accordance with
approved plans on file with the Street Maintenance and Sanitation
Division, includin9 the installation of on-site waste compactors.
8. That this Conditional Use Permit is granted subject to the
completion of Reclassificatiun No. 66-67-61 and Reclassification No.
82-83-26, now pending.
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9. That the proposed hotel shall comply with all signing requirernents
of the 'CR" (Commercial, Recreation) Zone, unless a variance is
approved by the City of Anaheim. Further, no sign oz other
advertising devices shall be placed so as to exceed the over-all
height of the proposed hotel structure (171-foot high hotel topped
with a 12-foot high parapet).
10. That the developer shall provide and maintain a television antenna
or cable system, without charge to residents, to assure satisfactory
television reception to any residences which are unable to receive a
satisfactory level of televislon signals as a result of interference
caused by the project structures.
11. Prior to issuance of a building permit, appro~riate water assessment
fees shall be paid to the City of Anaheim, in an amount as
determined by the Office of the Utilities General Manager.
12. Prior to occupancy of the hotel, the developer shall construct
median islands along Katella Avenue from Haster Street to Clementine
Street without median breaks.
13. Prior to occupancy of the ho~el, the deve2oper shall construct
median islands along Katella Avenue from Clementine Street to the
easterly terminus of an existing median east of Harbor Boulevard
without median breaks.
14. Prior to occupancy of the hotel, the developer shall modify the
traffic signal at the intersection of Katella Avenue and Clementine
Street as required ,~y the City Traific Engineer.
15. Prior to issuance of building permits for each of the three
construction phases, the developer shall pay the traffic signal
assessment fees applicable to each phase minus the ccst of signal
modifications made at Katella Avenue and Clementine Street (as
requized trf t2ie preceding Condition No. 29?.
16. Upon occupancy of Lhe hotel the developer shall provide bus shuttle
service for guests to minimize the number of passenger vehicle trips.
17. That all off-site real prcperty interests necessary to comply with
the cequirements set forth in this resolution shall be acquired and
dedicated to the City of Anaheim within the times otherwise required
in this resolution.
18. That the proposed building and above-grade parking structure shall
be sprinklered in compliance with Fire Department requirements.
19. That a standpipe delivery system, emergency on-site water storage
and Eire control rooms shall be provided as reviewed and approved by
the Fire Department.
20. That the developer shall contribute a pro-rata share of costs
associated with the development of a new fire station site, a fully
equipped fire station and appropriate apparatus to equip said
station. Said pro-rata share of the total cost•s to be determined by
the Anaheim Fire Chief pending completion of a study prior to
iscuance of a building permit.
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21. That the developer shal.l install a distribution main in the
Clementine Street right-of-way and through the project as reviewed
and approved by the Water Engineering Division.
22. That the developer shall supply, if needed, an additional source of
water to meet anticipated fire flow requitements as reviewed and
approved by the Water Engineering Division.
23. That the owner(s) of subject property shall pa; its proportionate
share, and shall execute and record an agreement in a focm approved
by the City Attorney's Office oblic~ating owner(s) to pay its
proportionate shate, of the cost of certain off-site public
improvements and services pursuant to that certain assessment
district or benefit area to be heteinafter established by the City
of Anaheim, pursuant to the requicement of Development Agreement No.
83-01 between the City of Anaheim and Anaheim Stadium Associates.
24. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 thcough 9.
25. That prior to the commencement oi 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 occurs first, CondiLion Nos. 1, 2, 8. 17, 20 and 23,
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.
26. That prior to final building and zoning inspections, Condition Nos.
3, 5, 7, 10, 18, 19, 21, 22 and 24 above-mentioned, shall be
complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution :ls expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such conditiions, 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 RESOLUTION is signed and approved by me this 12th day
of December, 1983.
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CHAIRWOMAN~,A HEIM CITY PLANNING COMMISSION
ATTSST:
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
_~_ PC83-231
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
~`~,
i, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby ceztify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on December
12, 1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY~ HERBST~ KING~ LA CLAIRE
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
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IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of
~ December, 1983.
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,., SECRETAR'l~ ANAHEIM CITY PLANNING COMMISSION
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