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87-104RESOLUTION NO. 87R-104 A RESOLUTION OF THE OF ANAHEIM GRANTING NO. 2884. CITY COUNCIL OF THE CITY CONDITIONAL USE PERMIT WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from LUTHER ALKHASEH, 242 West Main Street, #104, Tustin, California 92680 and IBIS ANAHEIM, LTD., ABCO GROUP, INC., GENERAL PARTNER, 2535 Maricopa Street, Torrance, California 90503, owners, and ALVAND LAND DEVELOPMENT COMPANY, ATTN: WILLIAM E. SWANK, SR., 242 West Main Street, #104, Tustin, California 92680 and ROBERT D. MICKELSON, 328 North Glassell Street, Orange, California 92666, agents, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK ?4 PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE FOLLOWING: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID PARCEL 1 SAID POINT BEING DISTANT ALONG SAID NORTHERLY LINE, SOUTH 89© 13 MINUTES 08 SECONDS BAST, 104.75 FEET FROM THE NORTHWESTERLY CORNER OF SAID PARCEL 1; THENCE SOUTH 83© 17' 53" EAST, 112.62 FEET; THENCE SOUTH ??o 23' 32" EAST, 71.00 FEET; THENCE SOUTH ?1© 15' 35" east, 69.38 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID EASTER LINE, NORTH 0© 39' 40" EAST, 47.56 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 89° 13' 08" WEST, 247.41 FEET TO THE POINT OF BEGINNING. PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 190, PAGES 26 AND 27 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AND AS CORRECTED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED NOVEMBER 13, 1984 AS INSTRUMENT NO. 84-465783 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. A NON-EXCLUSIVE EASEMENT FOR DRIVEWAY AND INCIDENTAL PURPOSES OVER THAT PORTION OF PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 190, PAGES 26 AND 2? OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AND AS CORRECTED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED NOVEMBER 13, 1984 AS INSTRUMENT NO. 84-465783 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1, AS SHOWN ON SAID PARCEL MAP; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1, NORTH 62© 46' 43" WEST 30.04 FEET; THENCE SOUTH 24© 19' 22" WEST 24.15 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 80.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67© 23' 41" AN ARC DISTANCE OF 94.10 FEET; THENCE SOUTH 43° 04' 19" EAST 101.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 38.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43© 00' 00" AN ARC DISTANCE OF 28.52 FEET; THENCE SOUTH 0© 04' 19" EAST 197.37 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 31.00 FEET, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS NORTH 29© 00' 38" WEST; THENCE EASTERLY ALONG T E ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57© 52' 37" AN ARC DISTANCE OF 31.31 FEET; THENCE NORTH 0© 04' 19" WEST 197.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND [lAViNG A RADIUS OF 68.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43© 00' 00" AN ARC DISTANCE OF 51.03 FEET; THENCE NORTH 43© 04' 19" WEST 78.69 FEET; THENCE NORTH 46© 55' 41" EAST 15.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS SOUTH 46© 55' 41" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67© 23' 41" AN ARC DISTANCE OF 52.93 FEET; THENCE NORTH 24© 19' 22" EAST 20.69 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE NORTH 62° 46' 43" WEST 30.04 FEET 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 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. PC87-34 granting Conditional Use Permit No. 2884; 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 -2- WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give ail 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 an~ development of the area in which it is proposed to be located. 5. 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. 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. 2884 be, and the same is hereby, granted permitting a 200-unit residence hotel with all units containing kitchen facilities on the hereinabove described real property, 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 Clementine Street, Zeyn Street and the westerly 254 feet of Freedman Hay in an amount as determined by the City Council. 2. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Clementine Street for street widening purposes. 3. That all existing street improvements shall be removed and reconstructed at their ultimate location as required by the City Engineer and in accordance with plans and 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. 4. That all driveways reconstructed to accommodate required by the City Traffic shall be constructed or ten (10) foot radius curb returns as Engineer. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That subject property shall be served by underground utilities. 7. 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. 8. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 9. That street lighting facilities along Clementine Street and Freedman Way 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. 10. That the applicant shall construct a traffic signal at the intersection of Freedman Way and Clementine Street in lieu of payment of traffic signal assessment fees. Said signal shall be operational prior to occupancy. 11. That the vehicular access rights to Freedman Way shall be dedicated to the City of Anaheim. 12. That landscaping, including irrigation facilities shall be installed by the owners of subject property in the public right-of-way and in the slope areas. Said landscaping shall be permanently maintained by the owner(s) of subject property. 13. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 1679 and 2724, to the Planning Department. 735, 14. 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 9. -4- 15. (a) If this project is constructed in 2 phases, no more than 160 units may be constructed during Phase I and, prior to issuance of building permits for Phase II (the remaining 40-units), the petitioner shall submit a parking study to show that the parking ratio (1.1 spaces per unit) is adequate for this use. Said study shall be reviewed by the City Traffic Engineer and approved, if it is shown that there are no parking problems. (b) In the event that all 200 units are constructed at one time, the petitioner shall, prior to issuance of a building permit, record a covenant, approved as to form and content, by the City Attorney's Office, obligating the petitioner and any future assignees to provide additional parking if it is found that a deficiency exists within two [2) years after final building and zoning inspections (said deficiency having been demonstrated in a parking demand study funded by the property owner at the request of the City Traffic Engineer and reviewed and approved by the City Traffic Engineer). Any necessary additional parking shall be provided in a manner approved by the City Traffic Engineer. A copy of the recorded covenant shall be furnished for the Planning Department. 16. That occupancy of the units shall be limited as follows: (a) Except as permitted by subparagraph (d) below, all tenancies shall be limited to transient occupants as defined in the Anaheim Municipal Code. (b) The use shall not be converted to apartments as defined in the Anaheim Municipal Code; (c) The term of all rental agreements shall be restricted to periods of time not exceeding seven (7) successive days; (d) Consecutive rental agreements for not less one hundred seventy (170) of the units shall be limited to more than thirty (30) successive days total for any given occupant; and than not Prior to issuance of a building permit, the property owner shall record an unsubordinated covenant in favor of the City of Anaheim agreeing to each of the above limitations. Prior to recordation of this covenant, it shall be submitted to the City Attorney for review and approval. A copy of the recorded covenant shall be furnished to the Planning Department. 17. 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, 9, 11, 15, 15, and 16, 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. 18. That prior to final building and zoning inspections, Condition Nos. 3, 4, 5, 6, 8, 9, 10, 12 and 14, above-mentioned, shall be complied with. -5- 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 24th day of March, 1987. MAYOR OF THE CITY OF A~qAHEIM ATTEST: BG:fm 1819L 052187 -6- CLEP. K 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. 87R-104 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of March, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-104 on the 24th day of March, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of March, 1987. CITY"C~_~IK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the ioregoing is the original of Resolution No. 87R-104 duly passed and adopted by the Anaheim City Council on March 24, 1987. CITY CLERK OF THE CITY OF ANAHEIM