PC 85-124RESOLUTIOP] td0. PC85-124
A RESOLUTION UF TNE ANAkIEIi^. CI1'Y PLANNItdG COMMISSIOt7
THAT PETITION FOk CONUITIO~lAL USE PERMIT N0. 2681 BE GRANTED
WHEREAS, the Anaheim City Flanning Commission did receive a verified
Petition toc Conditional Usc Permit from COMF10N4lEALTH FINANCIAL CORPORATION,
P. O. 8ox 76478, Los Angeles, California 90076, owner and UNITED SUITES OF
AId6ZICA, INC., ATTN: ROBERT FULLER, 45U Newport Center D[ive, Newport Beach,
California 92660, agent for certain real property situated in the City of
Anaheim, County of Orange, State of CaliEornia, desccibed as:
PARCEL l:
THAT PORTiUN UF' BLOCK 25, OE' THE GULDEN STATE TRACT~ AS SHOWN
ON A PiAP RECORDED IN BOOK 4, PAGES G6 AND 67 OF MISCELLANEOUS
P1APS, REC'GRDS GF SALD OP,ANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT TFiE SOUTHEASTERLY TERMINU5 OF THAT CERTAIN
COURS6 CITED AS '~UUTH 19° 35' 32' EAST, 20.72 FEET'; IN DEED
TO THE STATE OF CALIFGRNIA, RECORDED JONE 4~ 1963 IN BOOK
6573, PAGE 1G7, OFFIClAL RECORDS OF SAID ORANGE COUNTY;
THENCc ALONG THE SOUTHEAST°RLY LINE OF SAID LAST MdNTIONED
LAND THE FULLOWING COURSES AND DSSTANCES: NORTH 79° 34' 53"
WEST 49.13 FGtT; SOUT[i 65° 36' 00' WEST 202.41 FEET; SOUTH
46° 37' 39' WEST 2U3.20 FEET; SOUTH 37° 50' 29' WEST 606.99
FEGT; SOUTF3 65° 47' 42' WEST 173.41 FEET; SOUTH 20° 42' S0"
WEST 15.63 FF:F:i; AND SUUTH 15° 57' 10' EAST 3.63 FEET TO THE
EASTERLY LII~E UF THAT CEP.TAIN LAND DESCRIBED IN PARCEL 123.01
IN llE6D TU THE CUUNTY UF ORANGE, RECORDEU JUNE 4, 1971 IP1
tiOGK 9663- YAGB 713 OF SAID OFFICIAL RECORDS; THENCE ALONG
SASD EAST' hi,Y LINE SUUTH 2G' O1' U2" EAST 149.75 FEET TO A
YOSNT I[J a'HE NORTHW°STERLY LINE OF THAT CERTAIN LAND
DESCRIBEL IN LE~ED TU ORANGE COUNTY WATER DISTRICT~ RECORDED
JANUARY 20~ 1939 IN BOOK 975, PAGE 444 OF SAID OFFICIAL
RECORLS, SAID NOkTHWESTERLY LINE BEING A CURVE CONCAVE
SUUTHERLY HAVING A RADIUS OF 12,325.70 FEET~ A RADIAL LINE OF
SAID CURVE PASSING TNROUGH SAIC ~JINT BEARS NpRTH 2G° 47' 11"
WEST; THENCE NGRTHEASTERLY ALONG SAID CURVE TO THE MOST
PJURTHERLY CORNER OF SAIll LAST PIENTIONED LAND, SAID CORNER
BEING A POIP7T IN THE NORTHEAS4'ERLY LINE OF SAID BLOCK 25;
TfiENCE ALONG SAID NORTElEASTERLY LINE OF BLOCK 25~ NORTH 19°
35' 32' WES: 490.79 FEET TO THE INTERSECTION WITH A LZNE THAT
BE:ARS NORTH 7U° 24' 26" EAST FR0~1 SAID POINT OF BEGINNING;
THENC:: ALONG SAID LAST hSf:NTIONED LINE SOUTH 70° 24' 28' WEST
L0.00 FEET i0 THE YUINT UF BEGINNING.
EXCCPTING THEREFROM THAT nORTION OF SAID LAND INCLUDED IN THE
FOLLOWING:
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BEGINNING AT THE POIPlT OF INTERSGCTION OE' THE WESTERLY LINE
OF NEWKIRK RUAD, 4G FEET IN WIDTH~ WITH THE NORTHERLY LINE OF
THE lUU FOUT RIGHT OF WAY DESCRIBED IN DEED TO THE COUNTY OF
ORANGE, RECORDED IN BUOK 489, PAGE 324 OF DEEDu, RECORllS OF
SAID COUNTY~ THENCE NORTH 19° 38' 16" WEST ALONG THE SAID
WESTERLY LINE OF NEWKIkK ROAD, 50.00 FECT TO THE TRUE POINT
OF dEGINNING; THENCE NORTH i9° 35' 16" WEST ALONG THE SAID
WESTERLY LINE OF NEWKIRK ROAD, 461.50 FEET TO A POINT IN THE
SU~:HWESTERLY RIGHT OF WAY LINE OF CALIFORNIA STATE HIGHWAY;
THENCE NURTHWESTERLY AND WESTERI.: ALONG TSE LAST MENTIONED
RICHT UF WAY LINN THRUUGtI THE FOLLOWING COURSES AND
DiSTANCES: NURTH 56° 20' 38" WEST 34.71 FEET; THENCE NORTH
89° 21' 23" WEST 112.65 FEET; AND SUUTH 74° O1' 4b" WEST
118.65 FEET; THENCE; SUUTH 19° 39' 1G' EAST ALONG A LINE
YARALLE:. WITH THE SAID WESTERLY LINE OF NEWKIRK ROAD 5.17.03
FEET; THE~NCE NORTH 70° 21' 44" EP.ST 250.00 FEET i0 THE TRUE
POINT O[' BEGINNING.
ALSC` EXCEPTING AN UtJDIVIDED 1/2 INTEREST IN AND TO ALL OZL~
PIINERAI~ AND GAS IN AN~ UNDER SAID LAND, PND WHICH MAY 8E
PROllUCED THEREFRQM, WITNOUT THE RIGHT OF SUR:'ACE ENYRY TO A
DEPTH OF 50U FE6T, AS 'f0 A PORTION OF SAZD LAND~ AS RESERVED
IN THE DEED FROM JACK G. BOOTH AND OTHERS, RECORDED DIARCEI 18~
1955 IN BOOK 3000, FAGE 254 OF OFFICIAI. P.ECORDS, AND It:
DOCUMi•;NT RECUfiDEO JANUARY 6, 1981 IN BOOK 13905, PAGE 1769,
C~FF..::AL RECORBS.
A PGkTION UF SAIll LAND, AS UESCRIBED IN DE~'D RECORDED IN BOOK
13905, PAGE 1769, OFFICIAL RECORll, kESERVE:S SURFACE RIGHTS.
PARCEL 2:
AN EASEMSNT FUH INGRESS AND EGRESS 30 FEET IN WIDTH (NEWKIRK
ROAD) LYZNG WESTERLY OF THE EASTERLY LINES OF LOTS 11 AND 32
OF ~RANGE GROV~ ACRES N0. 2, AS SEIOWN ON A MAP RECORDBD IN
BOUh 7, PAGE 36 UF lIISCELLANEOUS MAPS, R~COFDS OF ORANGE
COUNTY~ CALIFORNIA, BOUNDEp SOUTHERLY BY THE WESTERLY
PRULONGATION OF TiiG SOUTHERLY LINE OF SAZD LOT 32 AND BUUNDED
NORTH~;RLY BY TEIE h'ESTF,RLY EXTtNSION OF THE SOUTHERLY LIhE OF
THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED
P1AY "LA, 1963 IN BOOK 6~61~ PAG£ 239 GF OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Centec in the City of Anaheim on April 15, 1985, at 1:30 p.m.,
notice of said public hearing having been duly given as cequired by law and in
accordance with the provisions of the Anaheim llunicipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; said public hearing having been continued to the Planning
Commission meeting of May 13, 1985; and
WHEREAS, said Conimission, aftet due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence a~id reports offered at said hearing, does find and determine the
fol.lowin9 facts:
_Z_ PC85-124
1. That the proposed use is properly one foz •~hich a conditional
use permit is authocized by Anaheirti Municipal Code Sectir,n 16.61.050.611 to
wit: to permit an enclosed fceestanding restaurant with on-sale alcoholic
beverages with waiver. of the tol?owing:
SECTIONS 18.06.050.0232 - hlinimum number of parking spaces.
18.U6.050.024 (566 spac2s required; 400 spaces proposed)
1E.06.050.U31.
18.06.08U
AND 18.61.066.050
2. That the req~esteu waiver is hereby granted on the basis that
the parking waiver will not cause an increace in traffic congestion in the
immediate vicinity nor adversely a:Eect any adjoining land uses and yranting
of the parking waiver under the conditiuns imposed, if any, will not be
detrimental to tne peace, health, safety and general welfa~e ~f the citizens
of the City of Anaheim; and further on the basis that the petitioner has
a9reed to execute and record a covenant agreeing th~t if, withzn three (3)
years following occupancy ot the entire on-site hotel complex, the City
conducts a traffic study which indicates that the off-atre?t parking is
inadequate for the on-site uses, said owner shall constcuct a parking
st[ucture on subject property or shall otherwise provide additional off-street
parking (not to exceed a total of 566 spaces) and n:~mber in a manner
satisfactocy to the City ~ngineer.
~. 2hat the propo~cd use ::iil not adversely attecC Che adjoining
land uses and the yrowth and development of the area in which it is proposed
to be locaced.
4. That the e;ize and shape of the site proposed for the use is
adec~uate to allow the full development of the proposed use in a manner not
del-rimental to the particular area nor ro the peace, health, safety and
yeneral welfare of the Citizens of the City of Anaheim.
5. That the gcanting ot Lhe Conditional Ose Permit unde[ the
c~n~iition~ im~os~~1, '.f inv, wi)) ~~r }.., ,~~r.a.mr,n~1~ .~ ~!,r. ~~aC^, hC~2tti.
safety and yeneral welface of the Citi::ens of the City of Anahe:m.
6. That the traffic generated by the proposed use will not impose
an undue buraen upon the streets and highways designed and improved to carry
the traffic in the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was ceceived in opposition to the
subject petition.
ENVIRONMENTAL IFIPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit an enclosed freestanding
restaurant with on-sale alcoholic beverages with waiver of minimum number of
parking spaces on an irceyularly-sh~ped parcel of land consisting of
approximately 6.34 acres iocated at the southeast corner of Frontera Street
and Glassell Stceet; and does hereby approve the Ne9ative Declaration upon
finding that it has considered the Negative Declaratian together with any
comments ceceived during tt~e public review ~~rocess and further finding on the
basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effeat on the
euvicuulurnt.
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NUW, THEItEFORE, BE IT RESOLVED L-haL th~ Anaheim City Planning
Commission does hereby grant subjec: Petition for Conditional Uae P=rmit, upon
the following conditions which are hereby fow~d to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the safety
and genecal welfare of the Citizens oE the City of Anaheim:
1. That the owner of subjECt property shall pay to the City of Anaheim
a fee fur tree planting purposes along Glassell and Frontera in 4^
amount as determined by the City Council.
z• That prior to issuance of a building permit, primary water main fees
shall be paid to the City of Anaheim, in an amount as determined by
the Office of the Ulilities General Manager.
3• That prior to issuance of a building permit, the appropriate traffic
, signal assessment fee sha.ll be paid to the City of Anaheim in an
amount ac determined by the City Council for new comme:cial
'~ buildings.
4• That prior to issuance of a building permit, the owner of subject
property shall pay the appropriate drainage assessment to the City
of Anaheim i~~ an amount as determined by the City Engineer.
5• That the owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of land 53 feet in width
from the centerline of the street alony Glassell Street Eor street
wideniny purposes.
6• That all engineering requirements of the City of Anaheim along
Glasse.ll Street and Frontera Street, inclu~3ing preparation of
improvement plans and installation of all improvement•s sach as curbs
and gutters, sidewalks, water facilities, street grading and
pavement, sewe: ana drainage facilities, or other appurtenant work
shall be co~,plied with as required by the City Engineer and in
accordance with specifications on file in the Office of the City
Engineer; and that securi.ty in the form of e bond, certificate of
~^Po=~t, lettcc uf credit, or cash, ~n an amount and form
satisfactory to the City of Anaheim, shall be posted with the City
to guarantee the satisfacr.ory completion of said improvements. Said
security shall be posted with the City pricr to issuance of building
permits, to guarantee the installation of the above-required
improvements prior to occupancy.
7• That street lighting facilities along Glassell Street and Frentera
St~eet ~hall be insta.lled as required by the Utilities General
Manager in accordance with specificatiuns on fiJ.e in the Office of
Utilities General blana3er, and that security in L•he form of a bond,
certificate of deposit, letter of crec+it, or cash, in an amount and
form satisfactory t~ 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 huilding permits. The abc~ve-required
improvements shall be installed p.rior te occupancy.
8. That all drive~vays shall be constructed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
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PC85-124
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9• That drainage of subject property shall be disposed of in a manner
satisfactory to the City Lngineer.
lU. That subject property shall be served by underground utilities.
11. That prior to commencement of structural framing, fi.re hydrants
shalt be installed and charged as required and determined to be
necessar.y b~• tte Chief of the Fire Department.
~z. That fire sprinkJ.ers shall be installed as required by the City Fir.e
Marshall.
13. That trash storage areas shall be provided and maintained in
accordance with approved plans on file with the Street [9aintenance
and Sanitation Division.
14. That sanitary sewer service shall be obtained from the County
Sanitation DistricE line to the east of subjec.t property and at the
developer's expense.
15. That in the event subject property is to be divided for the purpose
ot sale, lease, or financing, a parcel map to record the approved
division of subject property sha11 be submitted to and approved by
the City of Anaheim and then be recorded in the Office of the Orange
County Recorder,
16. That all air conditioning f.acilities shall be properly shie.ided from
view.
17• That the proposal shall comply with all signing requirements of the
ML Zone, uiiless a variance allowing sign waivers is aporoved by the
Planning C~mmission or City Council.
18. That prior to final building and zoning inspections, a six (6) foot
high masonry block wall si~a11 be constructed along the east an4
easterly portion of the north property .line.
~9. ~t,uL 'c;,e uwner ot subject pro~erty shall submit a letter requesting
termination of variance No. 3141 Conditional Use Permit No. 2211 to
the Planning Department.
Z~• That prior to issuance of. a building permit, the owner(s) of subject
property shall execute and record a covenant in a form approved by
the City Attorney agreeing that if, within three (3) years following
occupancy of the entire hotel complex, the City conducts a traffic
study which indicates that the off-street parking is inadequate for
the on-site uses, said owner shall construct a parking structure on
subject property or shall otherwise provide additional off-street
parking in a number (not to exceed an on-site total of 566 spaces)
and manner satisfactory to the City Engineer. Additionally, prior
to issuance of a bui2ding permit for the restaurant, said owner(s)
sha11 post a faithful performance bond with the City or submit a
letter of credit or other guarantee acceptable to the City in an
amount as required by the City Engineer to guarantee installatior. of
said additional parking, which amount shall be deemed liquidated
damage payable to the City in the event that any such requir~d
parking is not constructed in a timely manner.
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Z1, Thal in the event a parking structure is constructed on subject
.,roperty, a Parking structure plan indicating qeometric design,
signing and marking for parkin9 and circulation shall be ~ubmitted
p[ior to th? issua.nce of a building permit for said structute.
22, That priot to issuance of a building pecmit, u proportionate share
of the cost of watec facilities installed under the Riverside (91)
Fceeway shall be paid to the City of Anaheim Water Division in the
amount of $2,U19.19 per acre.
23, That subject propecty shall be developed substantially in accordance
witli plans and specifications on file with the City of Anaheim
macked Exhibit Clos. 1 thr.ough 4.
Zq, That in c~nformance with Zoning Code Section 18.02.058.014
pertaining to non-conforming uses, the three (3) billboards
curcently existing on subjeet propecty shall be removed.
25, That prior to issuance of a building permit~W~icheverl o cucsrEirstf
one year Erom the date of this resolution,
Condition Nos. 1~ 2~ 3~ 4, 5~ 6~ 7~ 19~ 20~ 22~ and 24~
above-mentioned, shall be complied with. Extensions for fur.ther
time to complete said conditions may be grant~d in accocdance with
Ser.tion 18.03.090 of the Anaheim Municipal Code.
26, That priut to Ei13 1 b4ildl~n9 i8d and 123, 1 abo et mentio edditshall obe
g, 9, 10. 12, ~ ~
complied with.
itE IT FURTH~R RESOLVED tha~ the Anahei.m City Planning Commission
does hereby ti~+a and determine that adoption ot ~:his Resolution is expressly
pcedicated upon a~:pLi~.»n!''s compliance witti each and all of the conditions
hereinabove set forth. Stioulcl .~ny such rhendfinals~ udrment ofLtanye cour,t of
declared invalid or unenforce~ble ~~r , ~ g a rovats herein
competent juzisdiction, then this Reao7u_inn, and any pP
contained, shall be tleemed null and void.
TIiE FOREGOING R6SOLUTiUN is siyne~ ~~~~ ~F+b~~°'e~ '~7 u~c t.._^ 13th day
of May~ 1985.
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CHAIRbfAN, ANAHhIf. ~' X PLANNING CUtAMISSIGN
ATTEST:
~~.t,d ~ ~%Z~-t~
SzCRETARYr ANAHSIM CITY PLANNING COMMI~SION
_6_ PCII5-124
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STATE OF CALIFORNIA )
COUNTY UF URANGE ? ss.
CITY OF ANAHEIM )
I, Edith L. Flarris, Secretary of the Anaheim City Planning
Commission, do iiereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on May 13,
>~z 1985, by the following vote of the members thereof:
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AYES: C014MISSIONERS: EOUnS, BUSHORE, FRY, HERBST, KING
N0~5: COMMISSIONERS: NONi:
ABSENT: COMMISSIONEkS: LA CLAIRE, [9C BURNEY
IN Wi'PiiESS WHEREOP, I Have heceunto set my hand this 13th day of
May, 1985.
-- (o QLC-G4_ ~ ~wn s~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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