1985-102RESOLUTION NO. 85R-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2651,
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 L.C. SMULL, owner, and BUSINESS PROPERTIES, agent, to permit
an 11-story, 128 foot, 6-inch high hotel with on-premises sale and
consumption of alcoholic beverages and accessory uses, and a 12
and 15 story, 182-foot and 222-foot, 6-inch high commercial office
complex upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THOSE PORTIONS OF LOTS 6 AND 7 OF THE TRAVIS TRACT, AS
SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 120 OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF
LAND DESCRIBED IN THE DEED TO THE ATCHISON TOPEKA AND
SANTA FE RAILWAY COMPANY, FORMERLY THE CALIFORNIA
CENTRAL RAILWAY, RECORDED MARCH 26, 1886 IN BOOK 407,
PAGE 120 OF DEEDS, RECORDS OF LOS ANGELES COUNTY WITH
THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED
RECORDED IN BOOK 265, PAGE 2 OF DEEDS, RECORDS OF SAID
ORANGE COUNTY; THENCE NORTH 0° 53' 56" EAST 531.72
FEET ALONG SAID WESTERLY LINE TO A POINT ON A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 940.00 FEET A RADIAL TO SAID POINT BEARS
NORTH 28° 30' 48" WEST; THENCE NORTHEASTERLY 85.23
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°
11' 42" TO THE WESTERLY CORNER OF THE LAND DESCRIBED
IN THE DEED RECORDED NOVEMBER 1, 1974 IN BOOK 11279,
PAGE 449 OF OFFICIAL RECORDS; THENCE EASTERLY AND
SOUTHEASTERLY ALONG THE NORTHERLY AND EASTERLY
BOUNDARY OF SAID DEED TO SAID NORTHERLY LINE OF THE
RAILROAD; THENCE WESTERLY ALONG SAID LINE TO THE POINT
OF BEGINNING; 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. PC85-17 granting
Conditional Use Permit No. 2651; 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 adjoining
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
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
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2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
,~„_, NOW, 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. 2651 be, and the same is hereby,
granted permitting the hereinabove described uses on the
hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
SECTION 18.04.042.080 - Minimum structural setback.
(10 feet required adjacent
to a freeway; 0 to 5 feet
proposed)
SECTION 18.48.068 - Required site screening.
(6 foot high wall required
adjacent to a freeway and
railroad; 6 foot high chain
link fence proposed)
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 determined by the City Council for new
commercial buildings.
2. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
3. That subject property shall be served by underground
utilities.
4. 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.
5. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
6. That street lighting facilities along Katella Avenue
shall be installed and/or relocated 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 of Phase I.
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7. That the owner of subject property shall irrevocably offer
to dedicate to the City of Anaheim a strip of land, the width of
which shall be determined by the City Traffic Engineer, from the
centerline`of the street along Katella Avenue for street widening
purposes.
8. That all engineering requirements of the City of Anaheim
along Katella Avenue, including preparation of improvement plans and
installation and/or relocation of all improvements such as curbs and
gutters, sidewalks, street 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 specifications
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 form satisfactory to the City of Anaheim, shall be
posted with the City to guarantee completion of said improvements.
Said security shall be posted with the City prior to issuance of
building permits. The above required improvements shall be
installed prior to occupancy of Phase I.
9. That the vehicular access rights, except at approved access
points, to Katella Avenue shall be dedicated to the City of Anaheim.
10. That prior to commencement of the activity authorized under
this resolution, or prior to the time that a building permit is
issued, or within a period of ninety (90) days from the date of this
resolution, whichever occurs first, the owner(s) of subject property
shall execute and record a covenant in a form approved by the City
Attorney's Office wherein such owner(s) agree not to contest the
formation of any assessment districts which may hereafter be formed
pursuant to the provisions of Development Agreement No. 83-O1
between the City of Anaheim and Anaheim Stadium Associates, which
district(s) could include owner's property. Failure to comply with
this condition within the specified time shall deem this conditional
use permit null and void.
11. That the owner(s) of subject property shall acquire a
recorded covenant granting an access easement from the property
owner immediately west of subject property for ingress and egress
purposes to subject property. Said easement shall be designed in a
manner satisfactory to the City Traffic Engineer and said covenant
shall be in a form satisfactory to the City Attorney.
12. That the owner of subject property shall pay to the City of
Anaheim a fee for tree planting purposes along Katella Avenue in an
amount as determined by the City Council.
13. That prior to final building inspection, a minimum six (6)
foot high pedestrian barrier along the southerly property line
adjacent to the ATSF Railroad right-of-way shall be constructed in a
design which provides a permanent security fence; and that thick,
thorny landscaping shall be provided and maintained in order to
completely screen said fence. Said landscaping shall be planted and
maintained on minimum five (5) foot centers to provide solid visual
screening as quickly as possible. The plant material may be "Coyote
Bush" (Baccharis Pilularis) planted on 1$-inch centers.
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14. That fire sprinklers shall be installed as required by the
City Fire Marshal.
15. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402 pertaining to standard details
for parking structures and ramp requirements.
16. That all roof-mounted equipment shall be properly shielded
from view.
17. That the proposal shall comply with all signing
requirements of the CR Zone, unless a variance allowing sign waivers
is approved by the Planning Commission or City Council.
18. That prior to issuance of a building permit, primary water
main fees shall be paid to the City of Anaheim, in an amount as
determined by the Office of the Utilities General Manager.
19. 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 property shall be submitted to and
approved by the City of Anaheim and then be recorded in the Office
of the Orange County Recorder.
20. That in the event a parcel map is recorded on subject
property, a reciprocal access and parking agreement, in a form
satisfactory to the City Attorney, be recorded with the Office of
the Orange County Recorder. A copy of the recorded agreement shall
then be submitted to the Planning Department.
21. That prior to issuance of building permits, specific plans
for all parking structures shall be submitted for review and
approval by the City Traffic Engineer.
22. That prior to issuance of building permits a circulation
and street improvement plan shall be submitted for review and
approval by the City Traffic Engineer.
23. That this Conditional Use Permit is granted subject to the
completion of Reclassification No. 83-84-24, now pending.
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 through 10; provided, however, (a)
that fifty-five (55) more on-site parking spaces, in addition to
those shown on the approved exhibits, shall be provided prior to
. ~ final building and zoning inspections for Phase II; and (b) that
kitchen efficiency units may be installed in no more than
twenty-five percent (25$) of the hotel guest rooms, with a maximum
of 6-cubic foot refrigerators, two-burner stoves excluding oven and
baking facilities, and single compartment sinks.
25. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 2550.
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26. That prior to the 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, 18, 21, 22, 23
and 25, 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, 3, 5, 13, 14, 15, 16 and 24, 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 26th day o'f~ Februar ,1985.
I~~C i
MAYOR OF THE CITY OF AH
ATTEST:
CITX CLERK OF THE CITY OF ANAHEIM
JLW:fm
3378M
032885
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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-102 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on -~.~
the 26th day of February, 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-102 on the 26th day of February, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 26th day of February, 1985.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-102 duly passed and
adopted by the Anaheim City Council on February 26, 1985.
CITY CLE