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PC 83-231--~ RESOLUTION NO. PC83-231 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2460 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from RIVIERA MOBILEHOME PARKS, 300 West Katella Avenue, Anah~im, California 92802 owner and FLOYD L. FARANO, 2555 East Chapman Avenue, Suite 415, Fullerton, California 92631, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF THE NORTHI9EST QUARTER Or^ THE NORTHEAST QUARTER OF SF.:TION 27~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ IN THE RANCHO SAN JUAN CAJON DE SANTA ANA~ CITY OF ANAFIEIM, COUNTY OF ORANGE~ STATE OF CALIFORNZA~ AS PER MAP RECORDED IN BOOK 51 PAGE 1~7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY R~CORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A PGZNT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 27~ NORTH 89° 54' 30" EAST 11~7.80 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; TH~NCE 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 EILED IN BOOK 43 PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER, TO A LINE PARALLEL WITH AND SOUTHEP.LY 265.00 FEET FROM SAID NORTH LIN~ OF THE NORTHEAST QUARTER; THENCE SOUTH 89° 54' 30" WEST 160.00 FEET ALONG SA.T.D PARALLEL LINE; THENCE NORTH 1° 21' 00" WEST 265.06 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTZON OF THE NORTHEAST QUARTER OF SECTION 27~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ IN THE RANCHO SAN JUAh•. CAJON DE SANTA ANA~ CITY OF ANAHEIM, COUNTY OF ORANGE, STATF. OF CALIFORNIA~ AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE CuUNTY RECORDER OF SAID COUNTY~ DESCRIBED AS FOLLO~JS; BEGINNING AT A POItdT 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 :,AND 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 ZS 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 ^1HE LANll DESCRIBED IN THE DEED TO .70HN B. PENNINO AND OTHERS~ RECORDFD DECEMBER 14, 1959 IN BOOK 5013 PAGE 307~ OFFICIAL RECORDS; THENCE NORTH 1° 20' 15" WEST 265.06 FEET TO THC POINT OF BEGINNING. +~0102r PC83-231 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 CA,JON UE SANTA ANA, CITY OF ANAHEIM, COUNTY OF nRANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OP THE COUNTY RECORDER OF S?1ID COUNTX~ DESCRIBED AS FOLLQWS: 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 QUAI2TER; THENCE NGRTH 89° 49' 28" EAST 460.01 FEET ALONG THE SOUTHERLY LING OF SAID NORTH HALF OF THE NORTH HALF OF THE TRUE POINT OP BEGINNING; THENCE NORTH 1° 21' 00" WEST 390.36 FEET PARALLEL WITE? 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 NORTHERLY ~INE OF SAID NORTHEAST QUARTER; THENCE NORTH 89° 54' 30" EAST 967.75 FEET ALONG SAID PARALLEL LINE TO THE SOUTHEAST CORNER OF THE LAND DCSCRIBED IN THE DEED TO JERALD A. PHILLIPS ET AL., RECORDED MAY 1Q, 1960 IN BOOK 5237 PRGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 1° 20' 15" WEST 265.06 FEET ALONG THE EAST LINE OE SAID LAND TO THE NORTH LINE OF SAID SECTION; THENCE NORTI3 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 SOUTHWEST CQRNER 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 LID7E 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. SAID LAND IS SHOWN ON A MAP FILED IN BOOK 43 PAGE 33 OF RECORA 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 SECPIUN 27~ TOWNSHIP 4 SOUTH, RANGE 10 WEST~ IN THE RANC80 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 OFE'ICE OF THE COUNTY RECORDER OF SAZD COUNTY, DESCRIBED AS F'ULLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER, NORTH 89° 54' 30" EAST 1527.86 FEET FROM THF. NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 1° 20' 15° EAST 265.06 F~ET; TH~NCE NORTH 89° 54' 30" EAST 20U.05 FEET; THENCE NORTH 1° 20' 15" WEST 265.06 FEET TO SAID ~ORTH LINE; TAENCE SOUTH 89° 54' 30" WEST 200.05 FEE'~ 2I~ THE POINT OF BEGINNING. -2- PC83-2~ ,•-, SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FZLED 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 UF CALIFURNIA, AS PER MAP RECORDED IN SOOK 51 PAGE 10 OF MISCELLANEOUS t4APS, 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 SOOTH 1° 19' 30" EAST 2`05.06 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 I~~ SOOK 5130 PAGE 186 OF OFFICIAL RECORDS; THENCE NORTH 1° 20' 15" WEST 265.06 FEET TO THE NORTHEAST CORNER OF SAID LAND OF RUBIPI; 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 OE SURVEYS~ IN THE OFFICE OF THE COUNTY RECORDER. EXCEPTING: COMMENCING AT A POINT IN THE NORTH LINE OF SAID SECTION DISTANT THEREON S. 89° 54' 30" W. 620.00 FEET FROM THE NORTHEAST CURNER UF SAID SECTION AS SAID CORN~R IS SHOPJN QN 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 LTNE OF SAID SECTION TO A LINE THAT IS PARALLEL WITH AND 265.00 FEET SOUTHERLY OF SAID NORTH LZNE AND THE TRUE POINT OF BEGSNNING; THENCE CONTINIIING 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 ?.LONG SAID SOUTH LINE TO THE EAST LINE OF SAID SECTION; Tf3ENCE 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. WHEREAS, the City Planninq Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 28. 1983, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, (:hapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make finuings and recommendations in connection thetewith; said public hearing having been continued to the Planning Commission meeting of December 12, 1983; and -3- PC83-7~ . . . ......: rax~ WHEREAS, said Commission, after due inspection, investigation and stuay made by itself. an. in its behalf, and after due consideration of all evidence and reports ofEered at said hearing, does find and determine the following facts: 1. Tha~ the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.48.050.070 & 26.48.050.160 to wit: to permit a 17-story, 183-foot high, 852-coom hotel with accessory uses anc' on-sale alcoholic beverages. 2. That the proposed use will not advecsely affect the adjoining land uses and the growth and ~evelopment of the area in which it is proposed to be located. 3. That 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 patticular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 4. That the granting of the Conditional Use Permit ~inder the conditions imposed, if any, will not be detrimental to the peace, health, safety and genetal welfare of the Citizens of the City of Anaheim. 5. That the tcaffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and imp[oved to carry the traffic in the area. 6. That two persons indicated their presence at said public hearinq in opposition; and that no correspondence was received in opposition to tt~e subject petition. ENVIRONMENTAL IMPACT FINDING: That after considering Draft EIR No. 2G2 for a development plan (Riviera Project) inclufiing subject proposal~ and reviewing evidence, both wtitten and oral, presented to supplement Draft EIR No. 262, the Plannin9 Commission find~ that EIR No. 262 is in compliance with the California Environmental 4uality Act and the City and State CEQA Guidelines; and that the Planning Commi.ssion further finds that economic and social considerations make it infeasible to eliminate entirely the significant environmental impacts which have been identified in Finai EIR No. 262. However, the benefits of the project have been balanGed against the unavoidable environmental impact and pursuant to the provisions of Section 15053 of the State CEQA Guidelines, the occurtence of the significant environmental effects identified in Final EIR No. 262 and as set forth above may be permitted without further mitigation due to the fcllowing overriding considerations: (1) after completion, the proposed project is expected to generate a net fiscal surplus of $1,620,500 per year for the City. This will provide funds for the operation of programs for the benefit oE all Anaheim residents which would not otherwise be economically feasible; (2) the proposed project will provide a balanced development which is compatible with and complementary to the adjacent commercial-recreation area; and (3) the proposed ptoject will provide employment for an estimated 4,200 persons; therefore, the Planning Commission hereby certifies EIR No. 262 for the Riviera Project and adopts this Statement of Overriding Considerations. -4- PC83-231 ~~ t; ~: _~.;...; Y..,....'.:~.:: . . NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in ocder to preserve the safety and general welface of the Citizens of the City of Anaheim: 1. That the owner of subject pr~perty shall irrevocably offer to dedicate to the City of Anaheim a strip of land of variable width as req~~ired by the City of Anaheim fot the construction of Clementine Street ftom 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, stteet 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 specification~ 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 focro satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of sa:d 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 dcainage 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 so~thecly fcom Katella Avenue through subject property and continuing across property located directly south of subject propert~ to the existiny drain north of Qrange~rood 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 propetty shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 5. That subject property within this tract shall be served by underground utilities. 6. Prioc to commencement of stru~tural framing, fire hydrants shall be installed and charged as requited and determined to be necessary by the Chief of the Fire Department. 7. That trash stocage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division, includin9 the installation of on-site waste compactors. 8. That this Conditional Use Permit is granted subject to the completion of Reclassificatiun No. 66-67-61 and Reclassification No. 82-83-26, now pending. -5- PC83-231 ,-,, 9. That the proposed hotel shall comply with all signing requirernents of the 'CR" (Commercial, Recreation) Zone, unless a variance is approved by the City of Anaheim. Further, no sign oz 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 televislon signals as a result of interference caused by the project structures. 11. Prior to issuance of a building permit, appro~riate 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 ho~el, the deve2oper 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 ,~y the City Traific 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 ccst of signal modifications made at Katella Avenue and Clementine Street (as requized trf t2ie preceding Condition No. 29?. 16. Upon occupancy of Lhe hotel the developer shall provide bus shuttle service for guests to minimize the number of passenger vehicle trips. 17. That all off-site real prcperty interests necessary to comply with the cequirements 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 Eire 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 cost•s to be determined by the Anaheim Fire Chief pending completion of a study prior to iscuance of a building permit. -6- PC83-231 21. That the developer shal.l 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 requitements as reviewed and approved by the Water Engineering Division. 23. That the owner(s) of subject property shall pa; its proportionate share, and shall execute and record an agreement in a focm approved by the City Attorney's Office oblic~ating owner(s) to pay its proportionate shate, of the cost of certain off-site public improvements and services pursuant to that certain assessment district or benefit area to be heteinafter established by the City of Anaheim, pursuant to the requicement 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 thcough 9. 25. That prior to the commencement oi 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, CondiLion 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. 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 Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution :ls expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditiions, 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 signed and approved by me this 12th day of December, 1983. /~i !" ~ ~~~ CHAIRWOMAN~,A HEIM CITY PLANNING COMMISSION ATTSST: ~0~ ~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION _~_ PC83-231 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~`~, i, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby ceztify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 12, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY~ HERBST~ KING~ LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~u" IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of ~ December, 1983. ~,:,,:', ~~~~ ~ ~,~ ~~; , ~; ; ,,.,, ; ,., SECRETAR'l~ ANAHEIM CITY PLANNING COMMISSION _a_ Pcas-2si