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PC 82-108.-. R[SOLUTIO?I tJO. PC32-1~)~ A RESOLUT I 011 OF TIfE A~lAI1E I ~f C I TY PLA!!U I'!f, COt1M I~S I ~FI TFIAT PETITION FOR CO;IDIT10!!AL USE PERHIT M0. 237_!i f3f_ GRAtaTED WHEREAS, the Anaheim City Planning Commission ~1id r~ceive a verified Petition for ConJit~onal Use Permit from PEI-CHU'dG A~ID R~SA!!A NSU CHAO, 18'i~ Warbler Place, Oran9e, California, 92Gu7, oa!ners, and PRIttE PROPFRTY LIMITED, 555 South Flower Street, Suite 4310, Los Angelcs, Califnrnia ;0071, and STAN SAY.E1DtOT0, 3333 Long [~each Eioulevard, Long deach, California ~~8~7, agents~ of certain re~l property situated in the City of An~hcim~ County of Orange. Statc of California, describcd as: THE MORTH ~t35.OJ F[ET OF THE EAST 4G0.00 FFET OF LQT 1 IPl T2ACT t•10. 2$>~+, I!J TH[ CITY OF A'lAl1EIH, C!1UF1TY OF OF.Atl~,E, STATE OF CAL I FORt! I l1, AS P[R MAP R[COR~ED I tf BOOK 90 PAr,ES 39 nNO 4~, OF MISCELLAP![OUS MAPS, Itd THE OFFICE OF TI!E COU`!TY REC~R9ER OF SAID COUriTY. SAID LA;aD IS ItdCLUDED ~JITIII~1 THE ARFA SHntJ11 ~'1 A NAP FILED Ih BOOK. 31 PnGE 1:i, OF tt~CORD OF SURV[YS, i!I T'IE OFFICF OF THF COUNTY RECORDER OF SAID CQU~lTY. PARCEL 2: TIIE EASTERLY >00.0~ F[ET OF LOT 1 IPJ E3LOCY. 1S AS SHQ!1H 0'1 A PLAT SH04/1P~G SUDDIVISI01! OF TIIE SOUTH HALF Qf" SFCTI011 21, TOW"ISHIP !3 SOUT{i, RAtJGE 1 J IJEST, DE I~JG A PART OF THE FA I RV I E!! COLf)'IY TRACT ~ IIJ TIIE CITY OF AtiAH[IM, COU'!TY ~F ORA`JGE, STAT[ OF CALIFi)RMIA, AS PER MAP R°_COP,DED I~ 3001; 1 PAGE 33, oF r~iscE~.~nrieous RECOP,~ MAPS, I;J THE OFFICE OF TIIE COUtJTY RECORDER OF SAID COUMTY. EXCEPTING THEREFROFI THAT PORTIOt1 It1CLUDED IJITtIIt! TfIE f10UP1DA:lES OF TRACT td0. 23~4~ AS PER Ftl1P RECORDE7 It! 30Qf; 90 PAG[5 39 A"!D lEO, OF t11SCELLAtJEOUS H/1PS, I~J TI1E OFFICE OF SA1~ C~U'1TY REf.ORf1ER. UHE•RE/15~ thc City Planning Commission did hold a public h~aring at the City tlall in the City of Anaheim on flay 17, 1~+32, at 1:30 p.m., notic~ of said public hearing having been duly given as required by lai•~ and in accordance with the provisions of the Anaheim Hunicipal Code, Chapter 13.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findin~s and recommendations in connr.ction th~:reo-iith; said public hearing having been continued to tlie Planning Commission meeting cf June 2, 1~82; and WNEREAS~ said Comnission. after due inspection, investigation an.1 study made by itself and in its behalf, and after due consideration of all evidence and reports offcred at saicl hearino~ docs find and detcrmine thc folloti•~in!7 facts: l, That the proposed use is properly onc for which ~ conditional use pernii[ is autiiorized by Anaheim Municipal Code Section 1i,1~.°,.05~.~7~ to v+it to permit Pctz~-i oa ,~~ ~ ,~ a 15-story, 139 1/2 foot high, >OU room hotel with accessory uses with ~~aiver of the following: SECTION 13.06.060 - hlinimum number of parking s aces 'S spaces required; 51 spaces pro~osed) 2. That the requested ~~~aiver is hereby granted on the basis th~t denial would deprive suhject property of a privilege enjoyed by other property in the same zone and vicinity; and on tlie Dasis that the o~•m er has agreed to enter into an agreement with the City of Anahcim to provide more parking spaces, as needed, if the proposed parking proves to be inadequate. 3. Tf~at the proposed use ~:~ill not adversely affect the acljoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the s~ze and shape of the site proposed for the use is adequate ta 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 of the Citizens o~ the City of Anaheim. 5. That the granting of the Conditional Use. Permit under the conditions imposed, if any, wi11 not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. G. That the traffic generated by the pr~posed use will not impose an undue burden upon the streets and h;ghways dr_signed and improved to carry the traffic in the area. 7. That one person indicated ~iis presence at the May 17th, 1y82 public hearing in opposition; and that no one indicated their presence at the June 2, 19`~2 public hearing; and that no correspondence ti•~as received in opposition *_o the subject petition. EIJVIROPJME6~TAL II~PACT FINDING: That after considering Environmental Impact Report No. 213 for tlie proposed Emerald of Analieim ~iotel and revie:~ing evidence, both written and oral, presented to supplement draft EIR No. 243, the Planning Commission finds tliat EIR Plo. 243 is in ~omp)iance a~ith the California Environmental Quality Act and witn the City and State EIR CEQA Guidelines; that potential environmental inpacts can be reduced to an insignificant level by conformance ~~ith City plans, policies; and ordinances; and, tlierefore, based upon sucli information, the Planning Commission certifies Environmental Impact Report ~lo. 243. NOIJ, THEREFORE, QE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon thr_ following conditiors which are hereby found to be a necessar~; prerequisite to the proposed use of the subject property in order to preserve the sai',*y and general tivelfare of the Citizens of the City of Anaheim: 1, That the owner(s) of subject property shall deed to the City of Anaheim a strip of land ~t5 feet in ~•ridth from the centertine ~f the street along iJest for street t•~ide~ing purposes. -2- PC82-108 r-~ i-~. 2. That all engineering requiremr-,nts nf the City of Anaheim along blest Street including preparation af irrprovement pl~ns and installation of all improvements such as curbs and gutters, sideo-~all;s, street grading and pavem~nt, sewer ind drainage facilities, or other ap~urtenant work, shall bs complied with as required hy th~ City Engineer and in accordance with specifications on file in the Office of the City Enc~ineer; that street liglitinc~ facilities along blest Street shall be inst~lled as required by the Office of the Utilities General Manager in accordance with specifications on file in the Office of Utilities General 'rianager, an~i 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, shill be posted with the City to guarantee the satisfactory completion of the ahcve-mentioned ;mprovements. Said securily sliall i.~e posted with the City prior to issuance of building permits. The above-r~quireci improvements shall be installed prior to occupancy. 3. That the o~mer(s} of suhject property shall pay to tlie City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along IJest Street. 4. That trash storage areas shall be provided in acror~iance with approved plans on file with the Office of the Executive Director of Puhlic Works. 5. That fire hydrants shall be installed and cnarged as requir~d and determtned to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6, That subject property shall be served by undergroun~~ utilities. 7. That drainage of subject property s~iall be disposed of in a manner satisfactory to the City Engineer. 8. That the owner(s) of subject pro~,erty shall pay thr_ traffic signal assessnent `ee (Ordinance ilo. 3:,~G) in an amount as determined by the City Council, for commercial buildings prior to the issuance of a building perni t. 9. That an asphalt concrete sidewal~ shall be provicied along West Street for safe use by pedestrians during construction of the liotel as required by the City Engineer. 10. That appropriate o-~ater assessment fees as determined by the Office of Utili*_ies General Manager shall be paid to the City of Anaheim prior to the issuance of a building ~ermit. 11. That the pr-oposed hotel shall comply witfi all signinc~ requirements of the CR (Commercial, Recreation) Zone and that no portion of any exterior sign constructed on the hotel shall be located at a height exceeding 11G feet above grade. 12. That tne southerly driveway on IJest Street shall he restricted to vehicle exiting only as recommended by the City Traffic Engineer. -3- PcBZ-tof~ ~,,,,~ r -. 13. That a camprehensive Signinc~ Plan for vehicular and pedestrian circulation shall bc submitted to the City Traffic Engineer for review and approval. 14. That the design and location of all taxi and bus loading and unloading areas shall be subject to revie~~ ancl approval by the City Traffic Engineer. 15. That in the event that parkin9 for t~ie proposed hotel proves to be inadequate, the clr.veloper hotel/owner shail execute ~nd record an agreement or covenant ~aith the City of Anaheim to provide additional parking as required by the Cit~~ Traffic Engineer. Said agreement shall be approved by tfie City Attorney's Office. 1ti. Tliat this Conditonal Use Permit is granted subject to the completion of Reclassification ~lo. 66-67-G1, no~:r pending. 17. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Analieim marlced Revision tJo, 1 of Exhibit Nos. 1 tfirough 24. 18. That Condition Plos. 1, 2, 3, 13, 14, 15 and 1G, above-mentioned, shall be complied a~ith prior to the commencement of the activity authorized under this resolution, or prior to the time that the builciing permit is issued, or within a period of one year from dite her.~of, ~~~hichever occurs first, or such further time as the Planning Commission may grant. 19. 7hat Condition Nos. 4, 6, 7, 11, 12 and 17, above-mentioned, shall be complied a~ith prior to final building and zoninc~ insrections. BE IT FURTFIER RESQLVED that the Anaheim City Planning Commission does hereby find and determine that the adoption of this Resolutiun is expressly predicated upon applicant's compliance with each and all of the conciitions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resoiution, and any approvals herein contained, shall be :leemed nuil and void. 1932. Tt1E FOREGOING RESOLUTIO!•l is signed and approved by me this 2nd day of June, ~~z~G~~~ CIfiAi M N PRO T-E~E A~lANE I M C i TY PLA~dN i P!G COP1M I SS I Oh! ATTEST: (p ~-L-Y~ ~ M~Q.vlt-a~ SECR[TARY, AN~1f1E1~1 CITY PLANIJIIlG C011MIS510~ -4- PC£32-108 _ .. ...n:~'.~y~ ~"~, , STATE OF CALIFORI~lIA ) COUNTY OF ORqIJG[ ) ss. C ITY 0~ ANAIIE IPt ) I, Edith L, liarris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution alas passed and adopted at a meeting of the Anaheim City Plannirg Commission held on June 2, 1!)(32, at 1;3'~ p.m., by the following vote of the members thereof: AYES: COMMISSIOWERS: (iARNES, (3QUAS, FRY, HERI3ST, KING, MC BURiJEY NOES: COMMISSIOPI[RS: tJONE Al3SEPJT: COt•iMISSI0PIERS: BUSHORE IN WITPJESS YlHEREOF, I have hereunto set my hand this 2nd day of June, 1g82, ~Ge-C.li(n.. d 9.] w r S ECRETARY, A~IAf~E I t1 C I TY PLA~lN I^JG COM11 I SS I ON 'S- Pc32-to3