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88-216RESOLUTION NO. 88R- 216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CONDITIONAL USE PERMIT NO. 2288 AND THE WAIVER OF MINIMUM OFF-STREET PARKING REQUIREMENTS CONTAINED THEREIN AS SET FORTH IN RESOLUTION NO. 82R-125. WHEREAS, the City Council of the City of Anaheim heretofore adopted its Resolution No. 82R-125 approving Conditional Use Permit No. 2288 to permit an eleven-story (plus mezzanine), 160 foot high. 1600-£oom hotel and related uses (hereinafter "Hotel"). including on-premise sale and consumption of alcoholic beverages, with a waiver of the minimum number, design and type of off-street parking spaces, on certain real property (hereinafter "Property'~) situated in the City of Anaheim, County of Orange. State of California, more particularly described as set forth on Exhibit "A" attached hereto and incorporated herein by this reference as if set forth in full: and WHEREAS, the City of Anaheim has initiated an application to amend said Conditional Use Permit No. 2288 to reduce the minimum number of off-street parking spaces required to be provided and maintained in conjunction with said Hotel from 3266 spaces to 1600 spaces; and WHEREAS, the City Council did hold a public hearing upon said application on May 31, 1988 in the Council Chambers of the Anaheim Civic Center in the City of Anaheim, notices of which public hearing were duly given as required by the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code: and WHEREAS, at the time and place fixed for said public hearing, the City Council did give all persons interested therein an opportunity to be heard and did receive reports and evidence, both oral and documentary: and WHEREAS, on May 24, 1988, the City Council heretofore approved a Negative Declaration pursuant to the provisions of the California Environmental Quality Act relating, in part, to said application: and WHEREAS, the City Council, after careful consideration of all evidence and reports offered at said public hearing, hereby finds that the modification of Conditional Use Permit No. 2288 and further waiver of minimum off-street parking requirements as contained herein is necessary to permit reasonable operation under said conditional use permit as granted, for the following reasons: 1. That a parking structure containing approximately 3260 off-street parking spaces ("enclosed parking facility") was heretofore constructed and has heretofore been maintained in conjunction with said Hotel. 2. That the City of Anaheim heretofore entered into a lease purchase agreement for the purchase of said enclosed parking facility and the 1,526 space replacement parking structure adjacent thereto (hereinafter conjunctively "parking facilities") and entered into an installment sale agreement regarding the enclosed parking facility with the owner of the Hotel: and 3. That said parking facilities were financed by the issuance of certain tax exempt obligations which require that not less than ninety percent (90%) of the total number of parking spaces in said parking facilities be maintained as parking available to the general public and not more than ten percent (10%) thereof devoted exclusively to Hotel use. 4.That, since its construction, the enclosed parking facility has been underutilized. 5. That the City of Anaheim has heretofore acquired title to and possession of such enclosed parking facility. 6. That the City of Anaheim has heretofore entered into or may enter into certain agreements the effect of which will be for the City of Anaheim and Sunbelt Savings Association of Texas ("Sunbelt") or another private party to each own approximately one-half of the enclosed parking facility. 7. That such private ownership of a portion of the enclosed parking facility will enable the Hotel to have the use of not less than 1600 off-street parking spaces as opposed to the Hotel's current exclusive right to use only 326 of the spaces in the enclosed facility. 8. That the portion of the enclosed parking facility owned by the City of Anaheim will continue to be maintained as a public parking structure available to the general public to the extent required by covenants contained in documents relating to the financing by the City of its portion of the enclosed parking facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 2288 and Resolution No. 82R-125 be, and the same are hereby, amended by modification of the waiver of minimum off-street parking requirements contained therein to read as follows: -2- "SECTION 18.06.050 and SECTION 18.06.060 Minimum number, design and type of parking spaces. (3488 spaces required): 1,600 spaces provided as follows: 72 standard spaces (8-1/2' x 19'), 81 small car spaces (7-1/2' x 15'), 1,238 tandem standard spaces, and 209 tandem small car spaces)." BE IT FURTHER RESOLVED that the aforesaid modification of the minimum number of off-street parking spaces required for said Hotel shall become effective upon the date ("Effective Date" ) of acquisition by Sunbelt or Sunbelt's nominee of the title to and possession of the aforesaid 1600 off-street parking spaces in said enclosed parking structure to be maintained for Hotel use ("Hotel Parking") and thereupon shall supersede any provision otherwise contained in Resolution No. 82RI125 to the contrary. BE IT FURTHER RESOLVED that upon and following said Effective Date it shall be deemed an express condition of Conditional Use Permit No. 2288 that said Hotel Parking shall be maintained as off-street parking for said Hotel and Conditional Use Permit No. 2288 and Resolution No. 82R-125 shall be deemed amended accordingly. BE IT FURTHER RESOLVED that, except as expressly amended herein, Conditional Use Permit No. 2288 and Resolution No. 82R-125 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31st day of May, 1988. MAYOR~ITY~OFNAHEIM ATTEST: ~I~Y CLERK OF THE CITY OF ANAHEIM 053188 JLW:ct 2455L -3- 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. 88R-216 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 31st day of May, 1988, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay Kaywood None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-216 on the 31st day of May, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 31st day of May, 1988. CITY CLERK OF THE CI M (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-216 duly passed and adopted by the Anaheim City Council on May 31, 1988. CITY CLERK OF~THE CITY~O~ANAHEIM [XIIll] I I ~. POINT Ol: BEGINNING. TIIENCE SOUTH 01° .]-~ 3]." EAST., 6'~2.g5 FEET, TO A POINT BEING 5.00 NORTH 19° 3~11 29" WEST, ].5.llll FEET; THENCE NOKTH O1° 1~~ 5~" WEST, THENCE hORTH 58° 47' 29" EAST~ a72.93 FEET TO THE. TRUE POINT OF