84R-035 RESOLUTION NO. 84R -35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2460.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from RIVIERA MOBILEHOME PARKS, a California joint venture, owner,
and FLOYD L. FARANO, agent, 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
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL 1:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID
NORTHEAST QUARTER OF SECTION 27, NORTH 89 54' 30"
EAST 1117.80 FEET FROM THE NORTHWEST CORNER OF SAID
NORTHEAST QUARTER; THENCE NORTH 89 54' 30" EAST
160.00 FEET; THENCE SOUTH 1 21' 00" EAST 265.06 FEET
PARALLEL WITH THE CENTERLINE OF HARBOR BOULEVARD, AS
SHOWN ON A MAP FILED IN BOOK 43 PAGE 33 OF RECORD OF
SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER, TO A
LINE PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM SAID
NORTH LINE OF THE NORTHEAST QUARTER; THENCE SOUTH 89
54' 30" WEST 160.00 FEET ALONG SAID PARALLEL LINE;
THENCE NORTH 1 21' 00" WEST 265.06 FEET TO THE POINT
OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 27,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID
SECTION 27, NORTH 89 54' 30" EAST 1277.80 FEET FROM
THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE
NORTH 89 54' 30" EAST 150.03 FEET ALONG SAID NORTHERLY
LINE TO THE BOUNDARY LINE OF THE LAND DESCRIBED AS
PARCEL 1 IN THE DEED TO LOUIS M. RUBIN, A MARRIED MAN,
RECORDED FEBRUARY 16, 1959 IN BOOK 4587 PAGE 154,
OFFICIAL RECORDS; THENCE SOUTH 1 20' 15" EAST 265.06
FEET ALONG SAID BOUNDARY LINE TO A LINE THAT IS
PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM THE
NORTHERLY LINE OF SAID SECTION 27; THENCE SOUTH 89 54'
30" WEST 149.97 FEET ALONG SAID PARALLEL LINE TO THE
SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO
JOHN B. PENNINO AND OTHERS, RECORDED DECEMBER 14, 1959
IN BOOK 5013 PAGE 307, OFFICIAL RECORDS; THENCE NORTH
1 20' 15" WEST 265.06 FEET TO THE POINT OF BEGINNING.
PARCEL 3
THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, RANCHO SAN JUAN CAJON DE SANTA ANA, CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTH HALF OF
THE NORTH HALF BEING SOUTH 1 21' 00" EAST 656.10 FEET
FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE NORTH 89 49' 28" EAST 460.01 FEET ALONG THE
SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTH HALF OF
THE TRUE POINT OF BEGINNING; THENCE NORTH 1 21' 00"
WEST 390.36 FEET PARALLEL WITH THE WESTERLY LINE OF
SAID NORTHEAST QUARTER TO A LINE PARALLEL WITH THE
NORTHERLY LINE OF SAID NORTHEAST QUARTER AND SOUTHERLY
265.00 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTH-
ERLY LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 89
54' 30" EAST 967.75 FEET ALONG SAID PARALLEL LINE TO
THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED
TO JERALD A. PHILLIPS ET AL., RECORDED MAY 10, 1960 IN
BOOK 5237 PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTH 1 20' 15" WEST 265.06 FEET ALONG THE EAST
LINE OF SAID LAND TO THE NORTH LINE OF SAID SECTION;
THENCE NORTH 89 54' 30" EAST 100.00 FEET ALONG SAID
NORTH LINE TO THE NORTHWEST CORNER OF THE LAND
DESCRIBED IN THE DEED TO LOUIS M. RUBIN, RECORDED MARCH
4, 1960 IN BOOK 5130 PAGE 186 OF SAID OFFICIAL RECORDS;
THENCE SOUTH 1 20' 15" EAST 265.06 FEET TO THE SOUTH-
WEST CORNER OF SAID LAND; THENCE NORTH 89 54' 30" EAST
1114.70 FEET PARALLEL WITH AND SOUTHERLY 265.00 FEET
FROM THE NORTH LINE OF SAID SECTION TO THE EASTERLY
LINE OF SAID SECTION; THENCE SOUTH 1 19' 30" EAST
387.16 FEET TO THE SOUTHEAST CORNER OF SAID NORTH HALF
OF THE NORTH HALF; THENCE SOUTH 89 49' 28" WEST
2182.22 FEET TO THE POINT OF BEGINNING.
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SAID LAND IS SHOWN ON A MAP FILED IN BOOK 43 PAGE 33 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
PARCEL 4:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTH-
EAST QUARTER, NORTH 89 54' 30" EAST 1527.86 FEET FROM
THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE
SOUTH 1 20' 15" EAST 265.06 FEET; THENCE NORTH 89 54'
30" EAST 200.05 FEET; THENCE NORTH 1 20' 15" WEST
265.06 FEET TO SAID NORTH LINE; THENCE SOUTH 89 54'
30" WEST 200.05 FEET TO THE POINT OF BEGINNING.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP
FILED IN BOOK 43 PAGE 33 OF RECORD OF SURVEYS IN THE
OFFICE OF SAID COUNTY RECORDER.
PARCEL 5:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27; TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION,
SOUTH 89 54' 30" WEST 545.00 FEET FROM THE NORTHEAST
CORNER OF SAID SECTION; THENCE SOUTH 1 19' 30" EAST
265.06 FEET PARALLEL WITH THE EAST LINE OF SAID SECTION
TO A LINE PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM
SAID NORTH LINE; THENCE SOUTH 89 54' 30" WEST 369.62
FEET ALONG SAID PARALLEL LINE TO THE SOUTHEAST CORNER
OF LAND DESCRIBED IN THE DEED TO LOUIS M. RUBIN,
RECORDED MARCH 4, 1960 IN BOOK 5130 PAGE 186 OF
OFFICIAL RECORDS; THENCE NORTH 1 20' 15" WEST 265.06
FEET TO THE NORTHEAST CORNER OF SAID LAND OF RUBIN;
THENCE NORTH 89 54' 30" EAST 369.68 FEET TO THE POINT
OF BEGINNING.
EXCEPT THE EAST 75.00 FEET THEREOF.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON MAP
FILED IN BOOK 43 PAGE 33 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER.
EXCEPTING:
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COMMENCING AT A POINT IN THE NORTH LINE OF SAID SECTION
DISTANT THEREON S. 89 54' 30" W. 620.00 FEET FROM THE
NORTHEAST CORNER OF SAID SECTION AS SAID CORNER IS
SHOWN ON A MAP FILED IN BOOK 43, PAGE 33 OF RECORD OF
SURVEYS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
S. 1 19' 30" E. 265.06 FEET PARALLEL WITH THE EAST
LINE OF SAID SECTION TO A LINE THAT IS PARALLEL WITH
AND 265.00 FEET SOUTHERLY OF SAID NORTH LINE AND THE
TRUE POINT OF BEGINNING; THENCE CONTINUING S. 1 19'
30" E. 388.06 FEET TO SOUTH LINE OF THE NORTH HALF OF
THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE N. 89
49' 28" E. 619.98 FEET ALONG SAID SOUTH LINE TO THE
EAST LINE OF SAID SECTION; THENCE N. 1 19' 30" W.
387.16 FEET ALONG SAID EAST LINE TO SAID PARALLEL LINE;
THENCE S. 89 54' 30" W. 620.00 FEET ALONG SAID
PARALLEL LINE TO THE TRUE 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. PC83 -231, granting
Conditional Use Permit No. 2460; 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.
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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. 2460 be, and the same is hereby,
granted permitting a 17 story, 171 -foot high, 852 -room hotel with
accessory uses and on- premises sale and consumption of alcoholic
beverages on the hereinabove described real property, subject to
the following conditions:
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, 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.
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.
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.
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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 sign or
other advertising devices shall be placed so as to exceed the
over -all 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 for each of the
three construction phases, the developer shall pay the traffic
signal assessment fees applicable to each phase minus the cost of
signal modifications made at Katella Avenue and Clementine Street
(as required by the preceding Condition No. 14).
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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 off -site real property interests necessary to
comply with the requirements set forth in this resolution shall
be acquired and dedicated to the City of Anaheim within the times
otherwise required in this resolution.
18. That the proposed building and above -grade parking
structure shall be sprinklered in compliance with Fire Department
requirements.
19. That a standpipe delivery system, emergency on -site
water storage and fire control rooms 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 owner(s) of subject property shall pay its
proportionate share, and shall execute and record an agreement in
a form approved by the City Attorney's Office obligating owner(s)
to pay its proportionate share, of the cost of certain off -site
public improvements and services pursuant to that certain
assessment district or benefit area to be hereinafter established
by the City of Anaheim, pursuant to the requirement of
Development Agreement No. 83 -01 between the City of Anaheim and
Anaheim Stadium Associates.
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 9.
25. 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, 8, 17, 20 and 23, 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.
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26. That prior to final building and zoning inspections,
Condition Nos. 3, 5, 7, 10, 18, 19, 21, 22 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 unen-
forceable by the final judgment of any court of competent juris-
diction, then this Resolution, and any approvals herein con-
tained, 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 January,
1984.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
(24-1.4.J.1)9'
CITY CLERK OF TH CITY OF ANAHEIM
JLW:fm
2105M
2/13/84
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 84R -35 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 January, 1984, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler 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. 84R -35 on the 24th day of January, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of January, 1984.
CITY C LERK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 84R -35 duly passed and adopted
by the Anaheim City Council on January 24, 1984.
oC%.
CITY C.2 7444:2427;
L RK