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99-223RESOLUTION N0. 99R-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4363, IN PART. WHEREAS, after a request for variance to permit a 4- story, 140-room hotel with accessory pool/spa, meeting and breakfast areas, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 4363 was granted, in part, covering the following described property: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 106, PAGE 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 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 to permit a 4-story, 140-room hotel with accessory pool/spa, meeting and breakfast areas on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Section 18.50.130.020.0207 - Minimum landscaped setback adjacent to the SR-57/Orange Freeway. ~(25 feet required; 9.8 feet proposed) Section 18.50.130.020.0202(b) - Minimum structural and landscaped setback adjacent to Douglass Raod. (20 feet required; 15 and 18.4 feet proposed) That said variance be granted subject to the following conditions: 1. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 2. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 3. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and shown on plans submitted for building permits, as required by the Department of Public Works, Street Sweeping and Sanitation Division. 4. That an on-site bus bay shall be provided for hotel shuttle buses to transport guests to and from tourist attractions and local airports, in a manner acceptable to the City Traffic and Transportation Manager. 5. That the developer shall comply with Chapter 14.60 of the Anaheim Municipal Code relating to Transportation Demand Management (TDM) by providing on-site taxi and shuttle bus loading zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program and by installing bicycle racks. 6. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the street setback area in a manner fully screened from all public streets and freeways. 7. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a -2- separate irrigation meter shall be installed in compliance with Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. 8. That prior to grading plan approval, the developer shall submit a water quality management plan (WQMP) specifically identifying best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 9. That trash storage areas shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets, highways or freeways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 11. That an on-site trash truck turn-around area shall be provided showing compliance with Engineering Standard Detail No. 610, and shall be maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 12. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for public utility purposes, the location and width to be determined by the Utilities Department. 13. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Such information shall be specifically shown on the plans submitted for building permits. 14. That an approved fire truck turn-around shall be provided as required by Fire Department specifications and requirements. The turn-around shall be shown on the project site plan which is submitted to the Building Division for permits. The turn-around shall be permanently marked and maintained to the satisfaction of the Fire Department. -3- 15. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty four (24) hours of its application. 16. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removing of trash or debris, and removing of graffiti within twenty four (24) hours from time of occurrence. 17. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 18. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatment of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 19. That signage for subject hotel shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission and City Council. Any additional signage shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. 20. That three (3) foot high street address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible to any street, freeway or adjacent property. 21. That street lights shall be installed along the Douglass Road frontage; and that security in the form of a bond in an amount satisfactory to the Anaheim Public Utilities Department shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City and improvements shall be installed prior to issuance of a Certificate of Occupancy. 22. That prior to issuance of a building permit, the grading plan submitted by developer shall include provisions for tree well construction and installation of parkway trees and additional landscaping and irrigation in accordance with the Circulation Element and the Stadium Area Master Land Use Plan, and as approved by the Parks Division and the City Engineer. The -4- improvements shall be completed prior to final building and zoning inspections. 23. That this site is located within a liquefaction zone on a Seismic Hazard Map issued by the State of California Divisions of Mines and Geology (DMG) and, therefore, prior to grading plan approval, the developer shall submit a geotechnical report that meets the requirements for a "Screening Investigation for Liquefaction Potential" as identified in DMG special publication 17 "Guidelines for Evaluating and Mitigating Seismic Hazards in California." If the findings of the screening investigation cannot demonstrate the absence of liquefaction hazards, a comprehensive quantitative evaluation must be conducted to develop mitigation recommendations to effectively reduce the hazard to an acceptable level. 24. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 2269 to the Zoning Division. 25. 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. 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 18, 21, 22, 24, 28 and 31, herein-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. 6, 7, 20, 22 and 29, herein-mentioned, shall be complied with. 27. That prior to grading plan approval, Condition Nos. 8 and 23, above-mentioned, shall be complied with. 28. That this Variance is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 99-00- 04, now pending. 29. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 1, Exhibit Nos. 2 through 12, Revision No. 2 of Exhibit Nos. 13 and 14, Exhibit Nos. 18, 19, 21 through 23, Revision No. 1 of Exhibit No. 24, and Exhibit Nos. 25 and 26; including that at least one (1) pedestrian sidewalk shall be provided to the public sidewalk along Katella Avenue and one (10) sidewalk shall be provided to -5- the public sidewalk along Douglass Road, and that the sidewalk locations and widths shall be reviewed and approved by the Planning Department; and as conditioned herein. 30. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 31. That based on the decision of a licensed arborist selected by the petitioner as to the feasibility of boxing and relocating the existing pine trees, said trees shall be boxed and relocated to the landscaped areas within the parking lot or other non-public right-of-way areas. 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 2nd day of November, 1999. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CL K OF THE CITY OF ANAHEIM 33190.1 -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-223 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day of November, 1999, by the following vote of the members thereof: AYES NOES ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken MAYOR/COUNCIL MEMBERS: Daly MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R- 223 on the 2nd day of November, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of November, 1999. TY CLE OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-223 was duly passed and adopted by the City Council of the City of Anaheim on November 2nd, 1999. C CLERK F THE CITY OF ANAHEIM ., .__....,.._ .,,.,_ .._ ...._ _ _ ,_~r___._-. l PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA, ) ss. County of Orange, } I am a citizen of the United States and a resident of the County aforesaid; I am over the age of twenty one years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21 Q21 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: December 2, 1999 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct" Date ______December 2 1g_99 - -~ a - -- ----- - / /~ f; A _ - -- _... Signature r C- .. C; ,~ Proof of Publication of k~~e-ur~t Mo. ~9R-saa A R$SQLUTtON f,AP T#IF CITY COUttiGkl. O~Tt+E C1Ty OF A14ANfiM DfCkA~AING tT'S Iki°FIdN TEJ APPRpVE THE TRAhbiER OF A CABLE ?6iE- V,~ON FRAtdCHISE FROM'CENTINtY 00 NiCATIgNS CC~tP. 1 C~NTURY.TGI, L~O AbEiPI#IA GOtl1MUNk `CATIONS C€?RP+©RA'~lON AND 0/1DERtNG A HENG THEREON. WH~2 fAS, Seicflon 1401 of The Charter of the City pi Anahe-rsr estobllahes procedures for pro- cessing fronchlses; and WHEREAS, on applicgtbn has been oec~ved for ttre tiarasfer of the cable televlsl4h han¢hlae cuaent-y help by Cer~tur~r ComranuralcaRlans Corparatk3r- and Century-TGJ, L.P. t0 Adelphlo Communlcatlons Corporation. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The CL~y GALOCIt does hereby d4clo(+9 Ita Inter-floh to 9pprov® the traFlSfer of the Cable: televlslon frgnchlse, qnd 2. The GI ~ounCll doe8 hereby P1sic#bll8tt The foltowTn~} date, time, and place where persons having art. interest; th®reln or objeatl4ra to the appfoval of the trancnlse transfer may appear and be heard: Date: December 14, 1999 Time: 6:00 p. m. of as soon Thereaft9r as the matter maybe heard Ploce: Council Chambers 200 S. Anaheim 61Vd. Anaheim, CA 92805 3. The City Clerk Is hereby directed t0 publish this Resolution, at least one®, w1ihM ilf- teen days of the adoption hereof, fn the Anaheim Butletln. THE FOREGOING RESOLUTION Is opprOved and adopted by the tatty Council of the CMy of Anaheim tMs 16th day of November, 1999. TOM DALV MAYOR OF TffE CITY bF ANAHEIM ATTEST: SHERYIi SCHROEpfR CITY CLfRK Of THE CITY OFANAHEIM PubBshed; Anohelm Bulletin December 2, 1999 25-Jb89 BMU200500 Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 634-1567 PROOF OF PUBLICATION