1985-436RESOLUTION N0. 85R-436
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AN AMENDMENT TO THE
CONDITIONS OF APPROVAL OF CONDITIONAL USE
PERMIT NO. 2460 AND AMENDING RESOLUTION NO.
84R-35.
WHEREAS, the City Council of the City of Anaheim
heretofore adopted Resolution No. 84R-35 approving Conditional Use
Permit No. 2460, to permit a 17-story, 171-foot high, 852-room
hotel with accessory uses and on-premises sale and consumption of
alcoholic beverages upon certain real property described therein
and subject to certain conditions specified therein; and
WHEREAS, the permittee has heretofore filed an
application for amendment to certain of said conditions of
approval; and
WHEREAS, the City Council has heretofore held a duly
noticed public hearing which hearing was continued from time to
time, at which hearing the City Council did receive and consider
evidence, both oral and documentary, relating to said application;
and
WHEREAS, the City Council hereby finds and determines
that the amendment of said conditions of approval in the manner
hereinafter set forth is reasonably necessary to protect the
public peace, health, safety or general welfare, or necessary to
permit reasonable operation under said conditional use permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval heretofore imposed
in Conditional Use Permit No. 2460 be, and the same are hereby,
amended in their entirety to read as follows:
1. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land of
variable width as required by the City of Anaheim for the
construction of Clementine Street from Katella Avenue south to the
southerly property line of subject property.
2. That all engineering requirements of the City of
Anaheim along Clementine Street between Katella Avenue and the
southerly boundary of the subject property, including preparation
of improvement plans and installation 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
the satisfactory completion of said 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.
. r 3. That drainage 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 southerly from
Katella Avenue through subject property and continuing across
property located directly south of subject property to the
existing drain north of Orangewood Avenue. To the extent said
storm drain substantially benefits other properties within the
drainage district, the City shall establish a benefit district
therefor and the property owner shall be entitled to reimbursement
for the portion of the cost of such facilities, including any
right-of-way therefor, benefiting such other properties by the
execution of a Reimbursement Agreement between the property owner
and the City pursuant to Anaheim Municipal Code Section 17.08.430
for reimbursement from fees subsequently collected from future
development within the district. Said benefit district shall be
established prior to issuance of building permits for any portion
of the project or within such other time as set forth in the
agreement specified in Condition No. 27 hereof. Said storm drain
improvements shall be installed prior to final building and zoning
inspections and occupancy of any portion of the project.
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 property 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. 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.
7. That trash storage areas shall be provided in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division, including the installation of on-site
waste compactors.
8. That this Conditional Use Permit is granted subject
to the completion of Reclassification No. 66-67-61 and
Reclassification No. 82-83-26, now pending.
9. That the proposed hotel shall comply with all
signing requirements of the "CR" (Commercial, Recreation) Zone,
unless a variance is approved by the City of Anaheim. Further, no
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sign or other advertising devices shall be placed so as to exceed
the overall 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 television
signals as a result of interference caused by the project
structures.
11. Prior to issuance of a building permit, appropriate
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 hotel, the developer 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 by the City Traffic Engineer.
15. Prior to issuance of building permits, the developer
shall pay the traffic signal assessment fees minus the cost of
signal modifications made at Katella Avenue and Clementine Street
(as required by the preceding Condition No. 14). Prior to
occupancy of the hotel, the developer shall pay (or City shall
refund) any difference between the actual and estimated cost. of
said traffic signal modifications as credited toward said fees.
16. Upon occupancy of the hotel the developer shall
provide bus shuttle service for guests to minimize the number of
passenger vehicle trips.
17. That all offsite real property interests necessary
to comply with the requirements set forth in this resolution shall
be acquired and dedicated to the City of Anaheim either by direct
acquisition by the developer, or by condemnation by the City
pursuant to the acquisition agreement specified in Condition
No. 27 hereof at the initial cost and expense of developer within
the times otherwise specified in this resolution.
18. That the proposed building and above-grade parking
structure shall be sprinklered in compliance with Fire Department
requirements.
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19. That a standpipe delivery system, emergency on-site
water storage and fire control room 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 costs to be
determined by the Anaheim Fire Chief pending completion of a study
prior to issuance of a building permit.
21. That the developer shall 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
requirements as reviewed and approved by the Water Engineering
Division.
23. That the subject property shall be developed
substantially in accordance with plans and specifications on file
with the City of Anaheim marked Exhibit Nos. 1 through 9.
24. That prior to the commencement of 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, Condition Nos. 1,
2, 3, 8, 17, and 20, 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.
25. That prior to final building and zoning inspections,
Condition Nos. 5, 7, 10, 18, 19, 21, 22, and 23 above-mentioned,
shall be complied with.
26. That, to the extent that the storm drain
improvements required in Condition Nos. 3 and 17 of this
Resolution benefit other properties within an as yet undetermined
benefit area, the property owner shall be entitled to
reimbursement, to the extent permitted by law, for the portion of
the cost of such improvements, including the cost of any
right-of-way acquisition, benefiting such other properties upon
the establishment of said benefit district and execution of a
Reimbursement Agreement between the property owner and the City
for reimbursement from fees subsequently collected from future
developers within the district. The costs of establishing said
benefit district shall be initially borne by the property owner,
including any initial studies found necessary to determine the
extent of improvements as well as the size and scope of such
benefit area. The cost of such benefit district formation and/or
studies will be included as a reimbursable cost of the benefit
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district. Said benefit district and Reimbursement Agreement shall
be approved prior to the issuance of building permits for the
offsite improvements required by this Resolution.
27. That, in the event developer has been unable to
acquire the offsite rights-of-way necessary to comply with
Condition Nos. 3 and 17 of this Resolution within sixty (60) days
following the date of this Resolution, the developer and the City
shall enter into an acquisition agreement for the acquisition of
said rights-of-way through exercise of the power of eminent domain
by the City. Said agreement shall be entered into upon terms
consistent with the provisions of this Resolution. In the event
such eminent domain action is filed in court by the City, and
notwithstanding any other provision of this resolution, building
permits shall thereafter be issued by City upon (i) proper
application by the developer, (ii) execution by developer of an
agreement obligating the developer to pay the right-of-way
acquisition cost as finally determined by such court judgment or
settlement prior to final building inspection and occupancy of any
portion of the project, and (iii) deposit of security in an amount
and form approved by the City Attorney to guaranty performance of
such payment obligation by developer.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution and the
approval of Conditional Use Permit No. 2460 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, or contained in
Resolution No. 84R-35, shall be deemed null and void.
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Conditional Use Permit No. 2460 and Resolution No. 84R-35
shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted thislst
day of .October 1985.
i~ [' ~
MAYOR OF THE CITY ANAHEI
ATTES
CITY CLERK OF THE CITY OF ANAHEIM
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082785
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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. 85R-436 was introduced and adopted at a regular ""~"'"'~
meeting provided by law, of the City Council of the City of Anaheim held on
the 1st day of October, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-436 on the 1st day of October, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 1st day of October, 1985.
C E 0 THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the forego~.ng is the original of Resolution No. 85R-436 duly passed and
adopted by the ,Anaheim City Council on October 1, 1985.
C TY CLERK