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90-216 RESOLUTION NO. 90R-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3241. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a 12-story, 384-room hotel facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK, 10, PAGE 12 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID ORANGE COUNTY, CALIFORNIA; and LOT 3 OF TRACT 3084, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 96, PAGES 39 AND 40, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THE NORTHERLY 23 FEET; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC90-47 granting Conditional Use Permit No. 3241; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. CUP 3241 2. The proposed use will not adversely affect the adjoin- ing land uses and the growth and development of the area in which it is proposed to be located. 3. 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 particular area nor to the peace, health, safety and general welfare. 4. 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. S. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3241 be, and the same is hereby, granted permitting a 12-story, 584-room hotel facility on the hereinabove described real property, subject to the following conditions: 1. 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 established by City Council resolution. 2. That all existing driveways on Katella Avenue and Zeyn Street shall be removed and replaced with standard curb, gutter and sidewalk. 3. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 4. That plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with Engineering Standard Plan Nos. 402B, 456F, 602D, 604A and 605 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 5. That a tour bus bay facility and tour bus circulation plan shall be reviewed and approved by the City Traffic Engineer. Said bay shall serve adjacent hotels and shall be equipped with a bus shelter/bench, to the satisfaction of the City Traffic Engineer. 6. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street(s), Installation of any gates shall conform to the Engineering Standard Plan No. 402 and shall -2- CUP 3241 be subject to the review and approval of the City Traffic Engineer prior to issuance of a building permit. 7. That signs shall be installed, to the satisfaction of the City Traffic Bngineer, on Katella Avenue to indicate to westbound traffic the location of the Route 5 - Santa Ana Freeway interchanges at Harbor Boulevard and Freedman Way. 8. That a cash payment shall be made to the City of Anaheim for the cost of construction of a three hundred (500~ foot long right turn only lane for southbound traffic to be constructed at the intersection of Katella Avenue and Haster Street. Said payment shall be made prior to issuance of building a permit. 9.(Condition deleted by Planning Commission) PLANNING RELATED 10. That a fee for street trees on the frontages along Katella Avenue and Zeyn Street shall be paid to the City of Anaheim in an amount as established by City Council resolution. 11. That all air conditioning facilities and other roof- and ground-mounted equipment shall be properly shielded from view. Such information shall be specifically shown on the plans submitted for building permits. 12. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 15. That the proposal shall comply with all signing requirements of the CR "Commercial, Recreation" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 14. That the legal owner of subject property shall record an unsubordinated covenant agreeing to remove any freestanding signs on Katella Avenue which may be located in the future Critical Intersection right-of-way at no cost to the City upon improvement of said Critical Intersection Said covenant shall be approved by the City Attorney as to form prior to recordation with the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Planning Department. 15. That the legal owner of subject property shall furnish the City of Anaheim with an unsubordinated agreement, in a form approved by the City Attorney, wherein such owner agrees to remove any signage at his/her expense if such removal is -3- CUP 3241 required by the City of Anaheim as a result of amendment to the Anaheim Municipal Code pertaining to permitted business signage in the CR "Commercial, Recreation" Zone, pursuant to the Commercial Recreation Area Enhancement Program study that is currently underway and that is anticipated to be completed by mid-1990. Said agreement shall be recorded in the Office of the Orange County Recorder and a copy of the recorded agreement shall be furnished to the Zoning Division. Alternatively, if the CR signage regulations are amended pursuant to the Commercial Recreation Area Enhancement Program study and are in effect prior to issuance of a building permit for subject hotel facility, the above-described unsubordinated agreement will not be necessary. 16. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 17. That no kitchenettes shall be permitted in the guest rooms. 18. That any hotel food service shall be used exclusively by hotel room guests. 19. That the eleventh floor lounge area shall only be used for hotel room guests and shall not be used as a banquet/meeting room facility or for non-guest food service. FIRE/POLICE 20. That an additional standpipe connection shall be provided, as required by the City Fire Department. Z1. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. 22. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 25. That fire sprinklers shall be installed as required by the Fire Department. 24. That prior to issuance of a building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention and security provisions during both the construction and operation phases. NOISE 25. That, where feasible, all construction equipment shall be stored on the project site to eliminate heavy duty equipment truck trips. -4- CUP 3241 26. That all construction vehicles shall be equipped with the most modern noise mufflers and all engines shall be kept in proper tune. 27. That all construction activities, including export of cut material, shall be restricted to between the hours of ?:00 a.m. to 5:00 p.m. on weekdays, and 9:00 a.m. to 5:00 p.m. on Saturdays. 28. That trash pick-ups, parking lot sweeping and general deliveries and pick-ups shall only occur between the hours of 7:00 a.m. to 10:00 p.m. 29. That design of the proposed hotel building, facing the Santa Ana Freeway, Haster Street and Katella Avenue, shall consider these three vehicular noise sources as significant and shall include proper glazing. ENGINEERING 30. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim an additional strip of land along Katella Avenue, measured westerly from the ultimate right-of-way line at the corner of the intersection of Katella Avenue and Haster Street including a twenty five (25) foot radius corner return at Zeyn Street, and varying in width from twelve (12) feet for the first three-hundred (300) feet and then transitioning from twelve (12J feet to 0 feet for the next three-hundred (300) feet. 31. That sidewalks shall be installed along Zeyn Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 32. That sidewalks, curbs and gutters shall be repaired along Katella Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 33. That grading and drainage of subject property shall conform to Chapter 17.04 "Grading, Excavations, Fills and Water Courses" of the Anaheim Municipal Code. 34. a. That a lot line adjustment plat to combine the two (2) existing lots shall be submitted to the Subdivision Section for review and approval by the City Engineer and then recorded in the Office of the Orange County Recorder. b. That the legal owner of subject property shall legally transfer the northerly twenty three (23) feet of subject property to the adjacent property to the north, by a lot line adjustment plat or by other means satisfactory to the City Engineer. -5- CUP 3241 c. That, if vehicular access is to be provided from the parking structure across the adjacent property to the north to Zeyn Street (as shown on the approved plans), the legal owner/developer of subject property shall obtain a minimum twenty (20) foot wide access easement from the legal owner of said property for ingress and egress purposes to subject property. Alternatively, if revised plans are submitted to and approved by the City Traffic Engineer and Planning Department eliminating the need for such northerly vehicular access, the above-described twenty (20) foot wide vehicular access easement will not be necessary. That the developer shall coordinate any needed on-site and off-site sewer improvements with the City of Anaheim Public Works-Engineering Department and the Orange County Sanitation District, which improvements may include but are not limited to the upgrade of the existing City of Anaheim twenty one (21) inch sewer line to a twenty four (24) inch line or to running a parallel eighteen (18) inch line within the Katella Avenue right-of-way from subject property westerly to the existing inceptor with the existing County Sanitation line west of Walnut, satisfactory to the City Engineer. 56. That the developer shall be responsible for submitting an addendum to the previously submitted sewer study, disclosing the accomplishments of the sewer improvements implemented in connection with subject hotel project. Said sewer study shall include monitoring as set forth by the City Engineer. WATER/ELECTRICAL 57. That prior to issuance of a building permit, the applicant shall submit a plan for the completion of the loop system for water service from Zeyn Street either (i) to the existing twelve (12) inch water line located in Freedman Way or (ii) to connect to the existing twelve (12) inch water line located in Haster Street, as required by the Water Engineering Division. 38. That street lighting facilities along Katella Avenue and Zeyn Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the 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 improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to occupancy. -6- CUP 3241 39. That subject property shall be served by underground utilities. 40. That prior to issuance of a building permit, the legal owner(s) of subject property shall execute and record an unsubordinated covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of an assessment district(s) which may hereafter be formed, for the purpose of financing the undergrounding of utilities in the Commercial Recreation Area. A copy of the recorded covenant shall be submitted to the Planning Department. 41. That the legal owner/developer of subject property shall submit plans to the City of Anaheim Electrical Division indicating that the on-site structures will be located and constructed so as not to conflict with State of California Public Utility Commission General Order No. 95. 42. That all applicable water system and water conservation measures shall be incorporated into the project design and the use of reclaimed water shall be considered in accordance with pertinent code requirements. 43. That the hotel management shall coordinate the on-site laundry water consumption with occupant use so as to minimize peak hour water demand. 44. That low-flush toilets and low-spray shower heads shall be designed into the project for installation. 45. That the developer shall be responsible for the relocation of the power pole at the southwest corner of the project site. The developer shall also be responsible for other project-related electrical pole relocation costs; and the undergrounding of the lZ KV electrical line. AIR QUALITY 46. That during cleaning, grading, earth moving and excavation, fugitive dust shall be controlled by regular watering, paving construction roads, or other dust-preventative measures as defined in District Rule 403. 47. That the property shall be watered, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pickup by the wind. 48. That public street sweeping shall occur should silt be carried over to adjacent public thoroughfares. 49. That during construction the following measures shall be implemented: -7- CUP 3241 Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. Wet down areas in the late morning and after work is completed for the day. Use of low sulfur fuel (0.05% by weight) for construction equipment. 50. That construction activities shall be scheduled to avoid high ozone days. 51. That construction shall be discontinued during second stage smog alerts. 52. That a comprehensive ridesharing incentive program shall be developed to the satisfaction of the City Traffic Engineer, which program shall include one or more of the £ollowing: Financial incentives for ridesharing. Full or partial subsidization of carpooling, vanpooling, buspooling, or use of public transit. Flexible or modified work hours for ridesharing employees. Assignment of preferential or free parking for vehicles used for ridesharing. Annual surveys of program participation, attitudes and needs. 53. That the applicant shall comply with South Coast Air Quality Management District Rule 15. MISCELLANEOUS 54. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. Such information shall be specifically shown on the plans submitted for building permits. 55. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 53 and 5053 to the Zoning Division. 56. That the developer shall be held responsible for (i) compliance with the mitigation measures identified in Final EIR 293 as the developer's obligations and (ii) compliance with the monitoring and reporting program established by the City in compliance with Section 31081.6 of the Public Resources Code. Furthermore, the developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Report No. 293 that have been incorporated as conditions of approval for subject project. -8- CUP 3241 57. That all structures shall be designed in accordance with Title 24 of the California Administrative Code. 58. That solar energy shall be used to supplement the annual energy demand of the project, as feasible. A feasibility study shall be prepared to determine the viability of solar use, such as a solar-assisted water heating system. 59. That to minimize the impact of the project on the County's solid waste disposal system, the project shall incorporate the latest technology in recycling and other means of reducing the amount and bulk of waste requirin$ disposal, both during construction and when the project ~s in use. Applicant or subsequent lessees shall comply with those source reduction and recycling requirements as may be adopted by the City in accordance with the California Integrated Solid Waste Management Act of 1989 (AB 959). 60. That the project design shall incorporate energy conservation measures using energy efficient appliances or systems. 61. That the developer shall, in coordination with the Southern California Gas Company, facilitate any necessary gas related improvements. 62. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 19. 65. 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 compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. TIMING 64. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 4, 5, 6, 8, 10 through 12, 14, 15, 24, 29, 30, 34.a, 34.b, 34.c, 35, 38, 40, 41, 42, 44, 54, 55, and 57 through 61, 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. 65. That prior to final building and zoning inspections, Condition Nos. 2, 3, 7, 8, 20, 22, 23, 31, 32, 33, 36 through 39, 45, 52 and 62, above-mentioned, shall be complied with -9- CUP 3241 BE IT FURTHER RESOLVED that the City Council 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 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 approved and adopted by the City Council o£ the City of Anaheim this 19th day of June, 1990. ATTEST: CIT CLE~RK OF H~E C~AHEIM JLW:kh 3751L 062190 -10- CUP 3241 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-216 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 19th day of June, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Daly, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-216 on the 22nd day of June, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of June, 1990. CITY CLERK OF THE CITY (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-216, duly passed and adopted by the Anaheim City Council on June 19, 1990. CITY CLERK OF THE CITY OF ANAHEIM