1985-195RESOLUTION NO. 85R-195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2599.
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 COMMONWEALTH FINANCIAL CORPORATION, owner, and UNITED SUITES
OF AMERICA, INC., agent, to permit a 7-story, 224 room hotel
complex with on-premise 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:
THAT PORTION OF BLOCK 25, OF THE GOLDEN STATE TRACT,
AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 67
OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT
CERTAIN COURSE CITED AS "SOUTH 19° 35' 32" EAST, 20.71
FEET"; IN DEED TO THE STATE OF CALIFORNIA, RECORDED
JUNE 4, 1963 IN BOOK 6573, PAGE 167, OFFICIAL RECORDS
OF SAID ORANGE COUNTY; THENCE ALONG THE SOUTHEASTERLY
LINE OF SAID LAST MENTIONED LAND THE FOLLOWING COURSES
AND DISTANCES: NORTH 79° 34' S3" WEST 49.13 FEET;
SOUTH 65° 36' 00" WEST 202.41 FEET; SOUTH 46° 37' 39"
WEST 203.20 FEET; SOUTH 37° 50' 29" WEST 606.99 FEET;
SOUTH 65° 47' 42" WEST 173.41 FEET; SOUTH 20° 42' 50"
WEST 15.63 FEET; AND SOUTH 15° 57' 10" EAST 3.63 FEET
TO THE EASTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN
PARCEL 123.01 IN DEED TO THE COUNTY OF ORANGE,
RECORDED JUNE 4, 1971 IN BOOK 9663, PAGE 713 OF SAID
OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE
SOUTH 26° O1' 02" EAST 149.75 FEET TO A POINT IN THE
NORTHWESTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN
DEED TO ORANGE COUNTY WATER DISTRICT, RECORDED JANUARY
20, 1939 IN BOOK 975, PAGE 444 OF SAID OFFICIAL
RECORDS, SAID NORTHWESTERLY LINE BEING A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 12,325.70 FEET, A RADIAL
LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS
NORTH 26° 47' 11" WEST; THENCE NORTHEASTERLY ALONG
SAID CURVE TO THE MOST NORTHERLY CORNER OF SAID LAST
MENTIONED LAND, SAID CORNER BEING A POINT IN THE
NORTHEASTERLY LINE OF SAID BLOCK 25; THENCE ALONG SAID
NORTHEASTERLY LINE OF BLOCK 25, NORTH 19° 35' 32" WEST
490.79 FEET TO THE INTERSECTION WITH A LINE THAT BEARS
NORTH 70° 24' 26" EAST FROM SAID POINT OF BEGINNING;
THENCE ALONG SAID LAST MENTIONED LINE SOUTH 70° 24'
28" WEST 10.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND INCLUDED
IN THE FOLLOWING:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY
LINE OF NEWKIRK ROAD, 40 FEET IN WIDTH, WITH THE
NORTHERLY LINE OF THE 100 FOOT RIGHT OF WAY DESCRIBED
IN DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 489,
PAGE 324 OF DEEDS, RECORDS OF SAID COUNTY, THENCE
NORTH 19° 38' 16" WEST ALONG THE SAID WESTERLY LINE OF
NEWKIRK ROAD, 50.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 19° 38' 16" WEST ALONG THE
SAID WESTERLY LINE OF NEWKIRK ROAD, 461.50 FEET TO A
POINT IN THE SOUTHWESTERLY RIGHT OF WAY LINE OF
CALIFORNIA STATE HIGHWAY; THENCE NORTHWESTERLY AND
WESTERLY ALONG THE LAST MENTIONED RIGHT OF WAY LINE
THROUGH THE FOLLOWING COURSES AND DISTANCES: NORTH
56° 20' 38" WEST 34.71 FEET; THENCE NORTH 89° 21' 23"
WEST 112.65 FEET; AND SOUTH 74° O1' 46" WEST 118.65
FEET; THENCE SOUTH 19° 39' 16" EAST ALONG A LINE
PARALLEL WITH THE SAID WESTERLY LINE OF NEWKIRK ROAD
517.03 FEET; THENCE NORTH 70° 21' 44" EAST 250.00 FEET
TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING AN UNDIVIDED 1/2 INTEREST IN AND TO ALL
OIL, MINERAL AND GAS IN AND UNDER SAID LAND, AND WHICH
MAY BE PRODUCED THEREFROM, WITHOUT THE RIGHT OF
SURFACE ENTRY TO A DEPTH OF 500 FEET, AS TO A PORTION
OF SAID LAND, AS RESERVED IN THE DEED FROM JACK G.
BOOTH AND OTHERS, RECORDED MARCH 18, 1955 IN BOOK
3000, PAGE 254 OF OFFICIAL RECORDS, AND IN DOCUMENT
RECORDED JANUARY 8, 1981 IN BOOK 13905, PAGE 1769,
OFFICIAL RECORDS.
A PORTION OF SAID LAND, AS
IN BOOK 13905, PAGE 1769,
SURFACE RIGHTS.
DESCRIBED IN DEED RECORDED
OFFICIAL RECORD, RESERVES
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS 30 FEET IN WIDTH
(NEWKIRK ROAD) LYING WESTERLY OF THE EASTERLY LINES OF
LOTS 11 AND 32 OF ORANGE GROVE ACRES NO. 2, AS SHOWN
ON A MAP RECORDED IN BOOK 7, PAGE 36 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, BOUNDED
SOUTHERLY BY THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF SAID LOT 32 AND BOUNDED NORTHERLY BY
THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF THE
LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED MAY 24, 1963 IN BOOK 6561, PAGE 239 OF
OFFICIAL RECORDS; 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. PC85-71 granting
Conditional Use Permit No. 2599; 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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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; and
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; and
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WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain
off-street parking requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions
imposed will not be detrimental to the peace, health, safety or
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 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. 2599 be,
and the same is hereby, granted permitting a 7-story, 224-room
hotel complex with on-premises sale and consumption of alcoholic
beverages 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 parking
18.06.080 spaces. (444 spaces required;
AND 18.61.066.050 400 spaces proposed)
SECTIONS 18.61.062.011 - Maximum structural height
AND 18.61.063.020 adjacent to single-family
zoning. (0 to 30 ft. permitted;
20 and 66 ft. proposed)
subject to the following conditions:
1. That the owner of subject property shall pay to the
City of Anaheim a fee for tree planting purposes along Glassell
and Frontera Streets in an amount as determined by the City
Council.
2. 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.
3. 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.
4. That prior to issuance of a building permit, the owner
of subject property shall pay the appropriate drainage assessment
fees to the City of Anaheim in an amount as determined by the
City Engineer.
5. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 53 feet
in width from the centerline of the street along Glassell Street
for street widening purposes.
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6. That all engineering requirements of the City of
Anaheim along Glassell Street and Frontera Street, including
preparation of improvement plans and installation of all
improvements such as curbs and gutters, sidewalks, water
facilities, 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
the satisfactory completion of said improvements. Said security
shall be posted with the City prior to issuance of building
permits, to guarantee the installation of the above-required
improvements prior to occupancy.
7. That street lighting facilities along Glassell Street
and Frontera Street 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.
8. That all driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
9. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
10. That subject property shall be served by underground
utilities.
11. 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.
12. That fire sprinklers shall be installed as required by
the City Fire Marshal.
13. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
14. That this Conditional Use Permit is granted subject to
the adoption of the Zoning Ordinance in connection with
Reclassification No. 79-80-31, now pending.
15. That sanitary sewer service shall be obtained from the
County Sanitation District line to the east of subject property
and at the developer's expense.
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16. 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.
17. That all air conditioning facilities shall be properly
shielded from view.
18. That the proposal shall comply with all signing
requirements of the ML Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
19. That prior to final building and zoning inspections, a
six (6) foot high masonry block wall shall be constructed along
the east and easterly portion of the north property line.
20. That the owner of subject property shall submit a
letter requesting termination of Variance Nos. 3141 and
Conditional Use Permit No. 2211 to the Planning Department.
21. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Revision No. 1 of Exhibit Nos. 7, 9 and 10 and
Exhibit Nos. 1 through 6, 8, 11 and 12.
22. That in conformance with Zoning Code Section
18.02.058.014 pertaining to non-conforming uses, the three (3)
billboards currently existing on subject property shall be
removed.
23. 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, 2, 3, 4, 5, 6, 7, 14, 20 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.
24. That prior to final building and zoning inspections,
Condition Nos. 8, 9, 10, 12, 13, 15, 17, 19 and 21,
above-mentioned, shall be complied with.
25. That the private access easement located over and
across the former Newkirk Street shall not be used for access to
or from the hotel by the general public, hotel patrons or
delivery trucks.
26. That the owner or operator of the hotel shall not
object to, or prosecute any action or proceeding objecting to,
the activities of the existing recycling businesses located
adjacent to such hotel so long as such recycling businesses are
being conducted in accordance with all present use permits issued
by the City of Anaheim.
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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 14th day of May, 1985.
r~~
MAYOR OF THE CITY F ANAHEIM
ATTEST:
~~
CI 'Y CLERK OF THE CITY OF ANAHEIM
JLW : f m
3i4dM
061485
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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-195 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 14th day of May, 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-195 on the 14th day of May, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of fhe
City of Anaheim ttiis 14th day of May, 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-195 duly passed and
adopted by the Anaheim City Council on May 14, 1985.
Gam. /~~
CITY CLERK