86R-189
RESOLUTION NO. 86R-189
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3566.
WHEREAS, the City Planning Commission of the City of
Anaheim received from D & D Development Company, 711 East
Imperial Highway, Brea, California 92621, owner, and The Manfred
Company, 629 Kettner Boulevard, San Diego, California, agent, a
request for a conditional use permit on the following described
property:
Parcel 2, in the City of Anaheim, County of Orange,
State of California, as per map filed in Book 191,
Pages 22 and 23 of Parcel Maps of said County; and
WHEREAS, the City Planning Commission referred the matter
to the City Council of the City of Anaheim without taking any
action on the request due to a potential conflict of interest; and
WHEREAS, the City Council did give notice of a public
hearing on the request as required by law and the provisions of
Title 18 of the Anaheim Municipal Code; and
WHEREAS, before the date scheduled for the hearing, the
applicant modified its project so that no conditional use permit
would be required under the Anaheim Municipal Code, but that a
variance would still be required for parking; and
WHEREAS, at the time and place fixed for the public
hearing, the City Council determined that the subject matter of the
variance was among the information included in the public notice
for the requested conditional use permit; and
WHEREAS, the City Council, at the time and place fixed
for said public hearing, did hold and conduct such hearing on the
application for a variance, and gave all persons interested therein
an opportunity to be heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of all evidence and reports offered at said hearing
that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions imposed
will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted a 470 room hotel on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
SECTIONS 18.06.050.0232
18.06.050.024,
18.06.080 AND
18.48.066.050
Minimum number of parking
spaces. (512 spaces required;
336 spaces proposed)
That said variance be granted subject to the following conditions:
1. That sidewalks installed along Harbor Boulevard as
required by the City Engineer and in accordance with standard plans
and specifications on file in the Office of the City Engineer.
2. That street lighting facilities along Harbor Boulevard
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 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 the above-
mentioned improvements. Said security shall be posted with the
City of Anaheim prior to issuance of building permits. The
above-required improvements shall be installed prior to occupancy.
3. That subject property shall be served by underground
utilities.
4. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along the southerly 251
feet adjacent to Harbor Boulevard in an amount as determined by the
City Council.
s. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim for the
southerly existing parcel, in an amount as determined by the Office
of the Utilities General Manager.
6. 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.
7. That all driveways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City Traffic
Engineer.
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8. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer. This shall include
acceptance of and disposal of drainage water from properties to the
east of subject property, and picking up all storm water on-site
and not surface draining into Harbor Boulevard.
.......
9. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department.
10. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
11. That fire sprinklers shall be installed as required by
the City Fire Marshal for all buildings in the complex including
the proposed ballroom conversion.
12. That prior to issuance of a building permit, the owner 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 hotel complex, the City conducts a
traffic study which indicates that the off-street parking is
inadequate for the hotel and related uses, said owner shall
construct a parking structure on the hotel property or shall
otherwise provide additional off-street parking in a manner (not to
exceed 176 additional spaces) and manner satisfactory to the City
Engineer. Additionally, prior to issuance of a building permit for
the hotel complex, said owner shall 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 installation of said additional parking,
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.
13. That the developer/hotel owner shall provide a private
shuttle bus system from the hotel to various points of interest
within the Anaheim City limits, said system to be reviewed and
approved by the City Traffic Engineer.
14. That a comprehensive signing plan for vehicular and
pedestrian circulation shall be submitted to the City Traffic
Engineer for review and approval.
15. That all air conditioning facilities and other roof
mounted equipment shall be properly shielded from view, and the
sound buffered from adjacent residential properties.
16. That the proposal shall comply with all signing
requirements of the CR Zone unless a variance allowing sign waivers
is approved by the Planning Commission or City Council.
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17. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 2661 to the
Planning Commission.
18. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City f
Anaheim marked Revision No. 1 of Exhibit Nos. 1-4, and Exhibit No.
5.
19. That prior to issuance of a building permit, or within a
period of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 2, 4 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 building and zoning inspections,
Condition nos. 1, 3, 7, 8, 10, 11, 14, 15 and 18, above-mentioned,
shall be complied with.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim 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 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 approved and adopted by the
City Council of the City of Anaheim this 6th day of May, 1986.
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ATTEST:
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CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-189 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of May, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES :
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-189 on the 6th day of May, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of May 1986.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I# LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-189 duly passed and
adopted by the ~aheim City Council on May 6, 1986.
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CITY CLERK