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PC 83-140RESOLUTION NO. PC83-140 RESOLUTION OF TH~ ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE N0. 3342 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from IBIS/DISNEYLAND PARTNERSHIP, LTD., 2535 Marico?a Street, Torrance, California 90503, owner of certain real pcoperty situated in the C~ty of Anaheim, County of Orange, State of Califcrnia described as: PARCEL 2, IN THE CITY OF ANAHEIM~ COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 74, PAGE 50 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY. EY.CEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS RECORDED JUNE 2, 1982~ AS DOCUMENT NO. 82-18803t~ OFFZCIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 8, 1983, at 1:30 p,m „ notice of said public hearing having been duly given as required by law and in accordance wi.th the provisions oc the Anaheim Municipal Code, Chapter 18.03, to hear an~ consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Comr,iission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said heating, does find and determine the following facts: 1. That the petitioner proposes waivers of the following to construct a 3 and 4-story, 224-room hotel complex: (a) SECTIONS 18.06.050.024 - Minimum number of parkin4 spaces. 1b.06.080, and 16.48 066 05p _~Zgg spaces required; 197 soaces proposed) (b) SECTION 18.48.064.010 - Minimum landscaped setback. (3 feet required; minimum 0 feet proposed) 2. That the above-mentioned waiver (a) is hereby granted on the basis that the parking study submitted by the petit.ioner indicates that the parking variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; and that the variance under the conditions impus~d, if any, will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 3. That the above-mentioned waiver (b) is heceby granted on the basis that there are special ciccumstances applicable to the property such as size, shape, topogra~hy, location or surroundings. which no not apYly to other identically zoned propecties in the vicinity; and strict application of the 2oning Code deprives the property of privileges enjoyed by other properties in the identical zoning classification in the vicinity; and that the petitioner #0013r PC83-140 ,~ has stipulated to landscaping and maintaining the slopes in the public rights-of-way alonq liaster Street and Freedman Way. 4. That there are exceptional or extraor.dinary circumstances or conditions applicable to the property involve~ or to the intended use of the property that do not apply generally to the property ur class of use in the same vicinity and zone. 5. That the requested variance is necessary for the preservati.on and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 6. That the requested variance will not be matErially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the pcoper.ty is located. 7. That one person indicated his presence at said public hearing in opposition; and that no correspondence was received in opposition to subjeci: petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 3 and 4-story, 224-room hotel complex with waivers of minimum number of parking spaces and minimum landscaped setback on an i~regularly-shaped parcel of land consisting of approximately 5.7 acres located at the southwest corner of Freedman Way and Haster Street, and further described as 100 West Freedman Way; and does hereby ap~rove the Negative Declaration from the requirement to prepare an environmental impact repott on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for commercial recreation land uses commensurate with the proposal; that- that Initial Study submitted by t•he petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE ZT RESOLVED that the Anaheim City Plann.ing Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a:~ecessary prerequisite to the propused use of the subject property in oLdex to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Freedman Way and Haster Screet in an amount as determined by the City Council. 2. That 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. 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildings. _2_ PC83-140 ~ 4. That the vehicular access rights, except at approved access points, to Freedman Way and Haster Street shall be dedicated to Yhe City of Anaheim. 5. That the private driveway providing access to the hotel property shall be constructed at a grade acceptable to the City Traffic Engineer. 6. Tl~at vehicular access to subject property shall be provided from Freedman Way on the north and Katella Avenue on the south, and that the developer sha21 install a raised median island on Katella Avenue between Haster Street and Clementine Street as required by the City Traffic Engineer. The developer shall also install a standard cul-de-sac at the northerly terminus of Zeyn Street on subject property. 7. That the existing traffic signal located at the Santa Ana Freeway off-ramps and Freedman Way shall be modified to adequately control access to the sub;ect property. 8. That a 5us parking area shall be provided on the hotel property. 9. That the owners of subject property shall execute and record a covenant in a form ap~,roved by the City Attorney agreeing that if, within three (3) years following completion of the hotel, the City conducts a traffic study which indicates that the off-street parking is inadequate for the hotel and related uses, said oemers shall construct a parking structure on the hutel property or shall otherwise provide additional off-street parking in a number and manner satisfactory to the City En9ineer. Prior to final zoning inspection and issuance of a certificate of occupancy for the hotel, said ow~~ers shall post a faithful performance bond with the City or submit letter of credit or other guarantee acceptable to the City in an amount as required by th~ City Engineer to guarantee installation of said additional parkino, which amount shall be deemed liquidated damages payable to the City in the event that any such required parking is not constructed in a timely manner. 10. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 11. That street lighting facilities along Freedman Way and Haster Street 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 bo~d, certificate of deposit, ietter 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 improve?nents. Said security shall be posted with the City of Anaheim prior to approval of building permits. The above-required improvements shall be installed prior to occupancy. 12. That subject property shall be served by underground utilities. i i I- -3 PC83-140 I~ "°'~ r ~-~. 13. That prior to commencement of structural framing, fire hydrants shall be insta.lled and charged as required and determined to be r,ecessary by the Chief of the Fire Department. 14. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Aivision. 15. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a paccel map to cecord 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. 16. That reasonable landscaping, including irtigation facilities shall be installed by the owner(s) of subject property in Lhe sloped embankments (public rights-of-way) adjacent to Freedman Way and Haster Street. Said landscaping shall be permanently maintained by the owner(s) of subject property. 17. That the ow~er of subject property shall submit a letter requesting termination of Conditional Use Permit N~s. 735 and 1679 to the Planning Department. 18. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 throuqh 9. 19. That prior to the commencement of the activity authori2ed under this *esolution, or prior to the time that a building germit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 4, 9, 11 and 17, 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. 20. That prior to final buildinJ and zoning inspections, Condition Nos. 5, 6, 7, 8, 9, 10, 12, 14, 16 and ~8, above-mentioned, shall be complied with. BE IT FURTHER RESqLVED that the Anaheim City Planning Commission 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 condition, or any part tnereof, be declared invalid or unenforceable by the final judgmsnt of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLOTION is signed and approved Uy me this 8th day of August, 1983. CH RMAN, ANAHEIM CITY NNING COMMISSION ATTEST: ~~ ~ L~~ SECRETARY~ 1NAHEIM CITY PLANNING COMMISSTON -4- PC83-140 ~ , .; ,,,; , .--•, ~~-`, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Rnaheim City Planning Commission, do hereby certiEy that the foregoing resoluti~n was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 8, 1983, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS, FRY, HERBST~ KING, LA CLAIRE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSI~ORE, MC BURNEY IN WITNESS WHEREOF, I have hereunto set my hand this Sth day of August, 1983. . ~ ~~ A • SECRETARY, ANAHEIM CITY PLANNING CO ~'r -S- YC83-140 ~ J~' H .:.~ . _