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PC 85-71- ~. RESOLUT'~N N0. PC85-71 A RESO]',OTT.ON OF THE ANAHEZM CITY PLANNING COMMISSION APPROV.[NG REVISED PLANS (REVISION N0. 1) POR CONDI4'70!]AL USE PERMST N0. 2599 WHF.REAS, the Anaheim City Planning Commission did teceive a verified Pe~i.tion for ConclitionaJ. Use Permit from COMPfONWEALTH FINANCIAL CORPORATION, P. 0. Box 76478, Lo:: Ange].es, t:alifornia 90076 (own2r) and UNITED SUITES OF AMERICA, INC., 450 Newpuct Center Drive, Newport Beach, CA 92660, agent for certain ceal pto~erty situat:ed in the City of Anaheim, County of Orange, State of California, des~rib~d as: THAT PORTION GF BLC~CK ~5, OF THE GOLDEN STATE TRACT, AS SHOWN ON A MAP RECORDEI) IN ROOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, RE~ORDS OF SAID QRANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT TF[E SOUTHLASTERL'1 TERMINUS OF THAT CERTAIN COURSE CITED AS "SOUTIi 19° 35' 32" EAST~ 20.71 FEET"; IN DECD TO THE STATE OF CALIFORN:[A, RE'CORDE;D JUNE 4, 1963 TN BOOK 6573~ PAGE 167, OFFICIAL RrCQRDS Gr SAID ORAC7GE COUNTY; THE.'JCE ALONG THE SOUTHEASTERLY T.ZNIi OF SAID LAST MENTIONED LAND THE FOLLOWING COURSES AND DIS'~ANCES: ~ORTH 79° 34' 53" WEST 49.13 FEGT; SOUTH 65° 36' 00" 4f5ST 202.41 FEET; SOUTH 46° 37' 39" WEST 203.20 FEET; SODTH 37° 5G' 29" WEST 606.99 FEET; SOUTH 65° 47' 42° WEST 173.41 PF;ET; SOL~TH 20° 42' S0" WEST 15.63 FEET; AND SOUTH 15° 57' 10" EAST 3.63 FFET TO THE EASTERLY LINE OF THAT CERTAIN LAND DESCR:IBxD ZN PARCEL 1~3.01 IN DEED TO THE COUNTY OF ORANGE~ RECOR]>ED JUNE 4, 1971 IN BOOK 9663~ PAGE 713 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINB SOUTH 26° O1' 02" EAST ].49.75 FEET TO A POINT IN THE NORTHWESTERLY LINE OF' THAT CERTAIN LAND DESCRIBED IN DEED TO ORANGE COUNTY WATER DISTRICT, RE~~ORDED JANUARY 20~ 1939 IN BOOK 975, PAGE 444 OF SAID OFFICZIIL RECORDS, SAID NORTHWESTERLY LINE BEING A CURVE CONCAVE SOUTI3ERLY HAVING A RADIUS OF 12,325.70 FEET, A RADIAL LINE OF SA]:D CURVE PASSING THROUGH SAZD POINT BEARS NORTH 26° 47' 11" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE mp m~a~ p10ST CIOP,'!'H°73LY CO_°.NE?? 0° SF.2D S.AST MFN2IONED Tr1ND, SAZP CORNER BEIN6 A POINT IN THE NORTHEASTERLY LINE OF SAID BLOCK 25; THENCF. ALONG :iAZD NORTHEASTERLY LINE OF BLOCK 25~ NORTFI 19° 35' 32" WEST 490.79 FEET TO THE INTERSECTIOt7 WJTH A LINE THAT BEARS tdORTH 70° 24' 26" EAST FROM SAID POINT OF BEGINNING; THENCE ALONG SAID LAST MENTIONED LINE SOUTH 70° 24' 28' WEST 10.00 FCET TO THE POINT OF BEGINNZNG. EXCEPTING THEREFROM THAT PORTION OF SAID LAND INCLUDED IN THE FOLLOWING: BEGINNING AT T6E POINT OF INTERSECTION OF THE WESTERLY LINE OF NEWKIRK ROAD~ 40 FEET IN WIDTH~ WITH THE NORTHERLY LINE OF THE 100 FOOT RZGHT OF WAY DESCRIBED ZN DEED TO THE COUNTY OF ORANGE~ RECORDED IN BOOK 489~ PAGE 324 OF DEEDS~ RECORDS OF SAID COUNTY~ THENCE NORTH 19° 38' 16" WEST ALONG THE SAID WESTERLY LINE OF NEWKIRK ROAD~ 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 19° 38' 16" WFST ALONG THE ~AID WESTERLY LINE OF NEWKIRK ROAD~ 461.50 FEET TO A POINT IN THE SOUTHWESTERLY RIGHT OP WAY #0466r PC85-71 .;.~ `, ,:-.,,._ __ _ __ -____ _. _ '`~ LINE OF CALIFORNIA STATE HIGIIWAY; THENCE NORTHWESTERLY AND WESTERLY ALONG THE LAST MENTIONED RIGHT OF WAY LINE THROUGH THE FOLLOWING COURSES AND DISTANCES: NORTH 56° 20' 36' WEST 34.71 ['EET; THENCE NORTH 89° 21' 23" WEST 112.65 FEET; AND SOUTH 74° O1~ 46" WGST 118.65 FEET; THENCE SOUTH 19° 39' 16" EAST ALONG A LINE PP.RALLEL WITH THE SAID WESTERLY LINE OF NEWKIRK ROAD 517.03 FE°T; THENCE NORTK 70° 21' 44" EAST 250.00 FEET TO THE TRUE POINT vF BEG?N(~IN~. F..'O EXCEPTING :1N u.:DLVIDED 1/2 INTEREST IN AND TO ALL OIL, MIN~RAL AND GAS IN AND UNDER SnI^ LAND, AND WHICH MAY BE PRODUCED THEREFROt9, WITHUUT THE RIGHT OF SURFACE ~NTRY TO A DEPTH OF 500 FEET, AS TO A PORTION OF SAID LANDi AS RESERVED li~ TNE DEED FROM JACK G. BOOTFI AND OTyERS~ RECORDED MARCH 18, 1955 IN BOOK J~O~, PAGE 254 OF OFFICIAL RECORUS~ AND IN DOCUMENT RECORDED JANUARY 8~ 1981 ZN BOOK 13905~ PAGE 1769~ OFFICZAL RECORDS. A PORTZON OF SAIll LANU, AS DESCRIBED IN DEED R~CORDED IN BOOK 13905, PAGE 1769, OFFICIAL RECORD, RESERVES SURFACG RIGHTS. PARCFL 2: AN EASEMECIT FOR INGRESS AND EGRESS 30 FEET IN WIDTH (NEWKIRK ROAD) LYING WESTERLY OF THE EASTERLY LINES OF LOTS 11 AIiD 32 OF ORANGE GROVE A~RES N0. 2~ AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 36 OY MISCEI.LANEOUS MAP~~ RECORDS OF ORAPIGE COUNTY~ CALIL•'OFUTA, IIOUNDCD SOUTHERLY BY THE [•]ESTERLY PROLONGATIOPI !)F THE SOUTHERLY LINE OP SAID LOT 32 AND B~UNDED NORTHERLY BY THE WESTEkLY EXTENSION OF THG SOUTHERLY LIN'c. OF THE LAND CONVEYED TO THE STATE OF CALIFORNI~ BY DEED RECORDED MAY 24~ 1963 IN BOUK 6561, PAGE 239 OF OFFICTAL RECORDS. WHEREAS, Conditional Use Permit No. 2599 (to permit a 7-stoi~y, 212-room hotel r_omplex and rest:urants with on-sale alcoholic beverages with waivers of minimum number of parking spaces, and maximum structural height adjacent tu single-family zoning was gcanted by the Planning Commission on July ?3, 1989 (P.^~olation No, 84-232); an~] a reauest to amend certain conditions oE approval pertaining to the maximum structura] height of a proposed industrial building adjacent to single-family zoning to increase the iieight of a proposed industrial building from 20 to 29 feet was denied by the Planning Commission on November 11, 1984 !Resolution Ne. PC84-232); and WHEREAS, the applicant has submitted Revision No. 1 of Exhibit Nos. 7, 9 and 10 to construct a 7-story, 224-room hotel complex with on-sale alcohe].ic beverages, increasing the numbec of hotel raoms from 212 rooms to 224 rooms, deleting the previo~isly shown freestanding restaurant, thereby decreasing the required number of parking spaces from 567 to 444, and increasing the number of on-site parking spaces from 388 to 400; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 4, 1985, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in 3ccordance with the provisions ef the Anaheim Municipal Code, Chapter 18.03, to hear and cansider evidence for and against said revised plans for the conditional use permit and to investigate and make findings and recommendations in connection therewith; and -2- PC85-71 WHEkEAS, said Commissiun, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and r.eports offered at said hearing, does find and determine the following facts: 1. Tt,at the proposed u~e is properly one for which a conditional use permit is authocized by Anaheim Municipal Code Section 18.61.050.610 and 18.61.050.611 to wit: to permit a 7-storyr 224-room hotel complex with on-sale of alcoholic beverages and with waivers of the following: (a) SECTIONS 18.06.050.024 - Minimum number of narkina scacP$ 18.06.080 & 18.61.066.050 (444 spaces required; S00 spaces proposed) (b) SECTIOtdS ]8.61.062.011 - Maximum structural hei ht ad'acent and 18.61.063.020 to sinqle-familv zonina (0 to 30 ft. permitted; 20 ar.d 66 ft. proposed) 2. That tne req~!psted waiver ia) is hereby granted on the basis that the parking variance will not cause a,~ ~~~rease in traffic congestion in the immediate vicinity nor adversely affect any adjoining ia~~d ::~As; and that the granting of the parking varian:e under ehe conditions impused, if any, wil~ not be detrimental to the peace, health, safety or general welfare oE the citizens of the City of Anat;eim. 3. That the requested waiver ~b) is hereby granted on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surrouzdings which do not apPIY to other identically zoned property in the same vicinity; and that strict application of the Zoning Code de~rives the property of privileges enjoyed by ott.er properties in the identical zone and classification in the vicinity. 4. That the propused use will not a~versely affect L-he adjoining land uses and the growth and development oE the ir~a i~ ~„r_c:~ it i~ pcuposed ~/ (. IuCc~ECI. 5. That the size and shape of the site proposed for the use is adequate to a11ow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and 9ener.al welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposEd, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. Thal• 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. 8. That no one indicated their presence at s2id public hearing in opposition; and that no correspondence was received in opposition to the subject petition. _3_ PC85-71 ra+G s 1 /~~. : ~.. ~ mnmewWYe's!,a3:sp_,. x.,....._.;a ~.~. ENVIRONMENTAL IMPACT FTNDING: A negative declacation was previously approved on July 23, 1984, in conjunction with the original approval of Condikional Use Permit No. 2599. NOW, THEREFORE, BE IT r'u~OLVED that the Anaheim City Ylanning Commission does hereby grant sub;ect Petition for Conditional Use Permit, and amend the conditions of approval set forth in Resolution No, pC84-147 in theic entirety to read as follows. Said conditions arc hereby found to be a necessary prerequisite to the proposed use of the subject property in order 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 Glassell and Frontera Streets in an amount as determined by the City Council. 2. That prior *_o issuance of a building petmit, primary water main 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 Co~;ncil for new commercial buildings. 4. That prior to issuance of a building permit, the owner of subject property shall pay the appropriate drainage assessment fees to the City of Anaheim in an amount a~ determined by the Citv Fr.gineer. S. That the owner oi subject property shall irrevocably offer to ~===^-~tp to the Cil-y of Anaheir,i a strip of land 5? feet in width from the centerline of the street aiong Giasseil - ~~; _ wideniny purposes. ~" "" "`__°~ 6. That all en3ineerin~ requirements of the City of Anaheim along Glassell Street and Frontera Stceet, including preparation of improvement rlans and inskallation of all improvements such as curbs and gutters, sidewalks, water facilities, street gradtna an~ pas~ment, ~c:;e~ ar~ uLaina9e tacilitiea, or cther appurcenant work shall be complied with as required by the City Engineer and in accordznce with specifications on file in the Gffice 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 issuan^e oE building permits, to guarantee the installation of the above-required improvements prior to occupancy. 7. That street lighting facilities along Glassell Street and Frontera 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 cecurity in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form sattsfactory to the City of Anaheim, shall be posted with the City to guacantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of building permits. The above-reguired improvements sha12 be installed prior to occupancy. -4- PC85-71 8. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traf.fic Engineer. 9. That drainage of subject propecty shall be disposed of in a manner satisfactory to the City Engineer. 10. That subject property shall be served by underground utilities. 11. That prior to commencement of structural framing, fire hydrants shall be installed and ch~irged as required and determined to be necessary by the Chief of the cire Department. 12. That fire sprinklers shall be installed a~ required by the City Fire Marshal.l. 13. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 14. That this Conditional Use Permit is granted subject to the adoption of the Zonina Ordinance in connection with Reclassification No. 79-80-?~, now pending. 15. That sanitary sewer service shall be obtained from the County Sanitation District line to the east of subject property and at the developer's expen~e. 16. That in the event subject property is to be div±ded for the p•~rposs of sale, lease, or financing, a parcel map to record the an~;~;~u divi.sion of subject prooerty sha71 ti~ ~;;~;;,icted to and a tha ra~l -~ ;,~ianeim and then be recorded in the Office of the Otange County Recorder. 17. That. all air conditioning facilities shall be properly shielded f^om .~iew. 18. That the proposal shall. comply with a77 si~nznq reg;;ire ~er,ts uL e4z MI. 2one, unle~s a variance allowing sign waivers is approved by the Planning Commission or City Council. 19. That prior to final building and zoning inspections, a six (6) foot high masonry block wall shall be constructed along the east and Pasterly portion of the north property line. 20. That the owner of subject property shall submit a letter requesting ternination of Variance Ncs. 3141 and Conditional Use Permit No. 2211 ~ to the Planning Department. 21. That subject pcoperty shall be devel.oped substantially in accordance with plans and speciFications on file with the City of Anaheim marked Revi~ion No. 1 of Exhibit Nos. 7, 9 and 10 and Exhibit Nos. 1 througF, 6, 8, 11 and 12, -5- PC85-71 ~ w ;, - - _ . _ i^s ,__„ 22. That. in conformance with Zoning Code Section 18.02.058.014 pertaining to non-conforming uses, the three (3) billboards currently existing on :ubject property shall be removed. 23. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Noa. 1, 2, 3, 4, 5, 6, 7, 14, 20 and 22, above-mentioned, shall be complied with. Extensions for fucther time to complete said conditions ma~ be granted in accordance with Section 18.03.090 of the Anaheim t4unicipal Code. 24. That prior to final building and zoning inspecticns, Condition Nos. 8. 9, 10, 12, 13, 15, 17, 19 and 21, above-mentioned, shall be com~lied with. BE IT PURTHER RESOLVED 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 conditions, 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 hereia contained, shall ba deemed null and void. THE FORF.GOING RERnrr,':~vid is signed and approved hy me this 4th day of Marr_h; :°~~. < ^ ~-/~~ !f. - '~~/~[_[. ( .(' ~~'L.ii CHAIRWOMAN, PRO TEMpORE ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ '~- r~C.~f'~i~ ~ ~'~il/t-tR. SECR.ETARY~ ANAHEIM CITY PLANNING COMMISSION STATG OF CALIFORNSA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM } I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing re~olution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 4, 1985, by the following vote of the menbecs thereof: AYES: COMMISSIONERS: BOUAS~ BUSHORE~ FRY~ KING~ LA CLAIRE~ MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COPIMISSIUNERS: HERBST IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of March, 1985. /, l o ~ oC • /~1~iL~t~~ SECR- E~', ANAHEIM CITY PLANNING COMMISSION :i ;1 -6- PC85-71 f ~?;Sart~3Tx.~•N,Mi.'+i.ii ... ....... . .. . . . .. .