1985-055RESOLUTION NO. 85R-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2634.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from Douglas E. Jones, et al., owners, and ANAHEIM REGENCY HOTEL,
agent to permit a 318-room hotel with with on premises sale and
consumption of alcoholic beverages upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL l:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL
MAP FILED IN BOOK 117, PAGES 35 AND 36 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
FILED IN BOOK 117, PAGES 35 AND 36 OF PARCEL MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL A:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST 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 OF CALIFORNIA,
AS SAID SECTION IS ON A MAP RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID
NORTHWEST QUARTER, SAID POINT BEING THE
INTERSECTION OF THE CENTER LINE OF HARBOR
BOULEVARD AND ORANGEWOOD AVENUE, THENCE ALONG THE
SOUTHERLY LINE OF SAID NORTHWEST QUARTER AND THE
CENTER LINE OF SAID ORANGEWOOD AVENUE, SOUTH 89°
43' 23" WEST 666.85 FEET TO THE WESTERLY LINE OF
SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER, THENCE ALONG SAID
WESTERLY LINE, NORTH 1° 13' 08" WEST 353.05 FEET,
MORE OR LESS, TO A LINE PARALLEL WITH AND DISTANT
353.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES
FROM SAID CENTER LINE OF ORANGEWOOD AVENUE, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE
ALONG SAID PARALLEL LINE NORTH 89° 43' 23" EAST
265.04 FEET MORE OR LESS, TO A LINE PARALLEL WITH
AND DISTANT 265.00 FEET, EASTERLY MEASURED AT
~~ RIGHT ANGLES FROM SAID WESTERLY LINE; THENCE
ALONG SAID PARALLEL LINE NORTH 1° 13' 0$" WEST
106.00 FEET; THENCE PARALLEL WITH SAID CENTERLINE
OF ORANGEWOOD AVENUE, NORTH 89° 43' 23" EAST
400.72 FEET MORE OR LESS, TO SAID CENTER LINE OF
HARBOR
BOULEVARD; THENCE ALONG SAID CENTERLINE NORTH 1°
21' 07" WEST 200.93 FEET TO THE NORTH LINE OF
SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER; THENCE SOUTH 89° 43'
36" WEST 665.32 FEET ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER TO THE NORTHWEST CORNER
THEREOF; THENCE ALONG SAID WESTERLY LINE, SOUTH
1° 13' 08" EAST 306.97 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING.
EXCEPT ANY PORTION THEREOF WHICH IS NOT INCLUDED
WITHIN THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS SAID SECTION
WOULD BE DEVELOPED FROM A CENTER AS DESCRIBED IN
CASE NO. 40910 IN THE SUPERIOR COURT OF ORANGE
COUNTY, CALIFORNIA. A CERTIFIED COPY OF THE
DECREE WAS RECORDED AUGUST 1, 1943, IN BOOK 1208,
PAGE 287, OFFICIAL RECORDS, AND IN CASE NO. 41055
IN THE SUPERIOR COURT OF ORANGE COUNTY,
CALIFORNIA. A CERTIFIED COPY OF THE DECREE WAS
RECORDED FEBRUARY 14, 1951, IN BOOK 2144, PAGE
174, OFFICIAL RECORDS, SAID CENTER LINE BEING
SHOWN ON A MAP FILED IN BOOK 24, PAGE 22 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
ALSO EXCEPT THAT PORTION OF THE NORTH 175.00 FEET
THEREOF, MEASURED FROM THE NORTHERLY LINE OF THE
LAST DESCRIBED EXCEPTION LYING EASTERLY OF A LINE
PARALLEL WITH SAID HARBOR BOULEVARD, AND DISTANT
WESTERLY 470.32 FEET MEASURED AT RIGHT ANGLES
FROM THE CENTER LINE OF SAID HARBOR BOULEVARD; 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
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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. PC84-258 granting
Conditional Use Permit No. 2634; 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.
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.
5. 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.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. The variance(s) will
traffic congestion in the immediate
the adjoining land uses; and
not cause an increase in
vicinity nor adversely affect
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2. The granting of the variance(s) under the
conditions imposed will not be detrimental to the peace, health,
safety or general welfare of the citizens of the City of Anaheim.
NO~V, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
"~' action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2634 be, and the same is hereby,
granted permitting the hereinabove described use on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.024 - Minimum number of
AND 18.44.066.050 arking spaces
561 spaces required;
350 spaces proposed)
subject to the following conditions:
1. That street lighting facilities along Harbor Boulevard
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 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
building permits. The above-required improvements shall
be installed prior to occupancy.
2. That trash storage areas shall be provided and
maintained in accordance with approved plans on file
with the Street Maintenance and Sanitation Division.
3. That prior to commencement 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 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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7. That the owner of subject property shall submit a letter
requesting termination of Variance No. 3242 and
Conditional Use Permit Nos. 2322, 1982 and 183 to the
Planning Department.
8. That prior to issuance of a building permit the
developer shall execute and record an agreement and post
a bond in forms approved by the City Attorney to
guarantee payment of X10,000.00 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 contract by the City of
Anaheim for the improvements at subject intersection ,
whichever occurs first.
9. That the petitioner shall redesign and increase the
number of parking stalls for the handicapped to a
minimum of two percent (2~) of the total number of
parking stalls provided.
10. 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
9-passenger vans.
11. That a comprehensive Signing Plan for vehicular and
pedestrian circulation shall be submitted to the City
Traffic Engineer for review and approval.
12. 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.
13. That an Emergency Access Plan shall be submitted to the
Fire Chief for review and approval.
14. The fire sprinklers shall be installed as required by
the Fire Chief
15a. 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 following occupancy 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 owner shall construct a parking
structure on the hotel property or shall otherwise
provide additional off-street parking in a number and
manner satisfactory to the City Traffic 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 a letter of credit or other
guarantee acceptable to the City in an amount as
required by the City Engineer to guarantee installation
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of said additional parking, 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.
15b. That prior to issuance of a building permit for parking
structure, if required to be provided in accordance with
Condition No. 15a herein, a public hearing shall be
conducted with notification thereof given in the same
manner as set forth in Section 18.03.060 of the Anaheim
Municipal Code to consider and approve the design of
said parking structure.
16. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along the
southerly 19 feet of Harbor Boulevard in an amount as
determined by the City Council.
17. That gates shall not be installed across any driveway in
a manner which may adversely affect vehicular traffic in
the adjacent public streets. Installation of any gates
within a distance of forty (40) feet from said public
street rights-of-way shall be subject to the review and
approval of the City Traffic Engineer.
18. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402 pertaining to
standard details for parking structures.
19. That all driveways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City
Traffic Engineer.
20. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from adjacent
properties.
21. That the proposal shall comply with all signing
requirements of the CL Zone, unless a variance allowing
sign waivers is approved by the Planning Commission or
City Council.
22. That an 8-foot high masonry block wall shall be
constructed and maintained along the west property line.
23. That any proposed parking area lighting fixtures shall
be down-lighted with a maximum height of 12 feet. Said
lighting fixtures shall be directed away from adjacent
property lines to protect the residential integrity of
the area to the east.
24. That 15-gallon trees planted on 10-foot centers, with
appropriate irrigation facilities, shall be installed
and maintained along the west property line.
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25. That subject property shall be developed substantially
in accordance with plans and specifications on file with
the City of Anaheim marked Exhibit Nos. 1 through 10.
26. That prior to issuance of a building permit, or within a
period of one year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 6, 7, 8, 9,
11, 12, 13, 15, 16, 18 and 22, 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.
27. That prior to final building and zoning inspections,
Condition Nos. 2, 4, 5, 14, 17, 19, 20, 23, 24 and 25,
above-mentioned, shall be complied with.
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 of the City of Anaheim this 2 th day of January, 1985.
I~~
MAYOR OF THE CIT. OF AHEIM
ATTEST:
CITY C~~ERK OF THE CITY OF ANAHE M
2438U
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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. 85R-55 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on "'~'''*
the 29th day of January, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-55 on the 29th day of January, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 29th day of January, 1985.
J
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, i~EONORA N.,SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-55 duly passed and adopted
by the Anaheim City Council on January 29, 1985.
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CITY CLERK
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