90-228 RESOLUTION NO. 90R-228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAttEIM GRANTING CONDITIONAL USE PERMIT
NO. 3286.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a 14-lot commercial subdivision and permit the
construction of a commercial office and retail center including
three (3) restaurants with on-premises sale and consumption of
alcoholic beverages, a 200-room hotel and a 2,500 seat theater,
with building heights in excess of seventy-five (75) feet upon
certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
ALL THOSE PARCELS OF LAND SHOWN ON TENTATIVE PARCEL
MAP NO. 90-125, BEING PORTIONS OF THE LANGERBERGER
TRACT, RECORDED IN BOOK 1, PAGES 550 & 551, OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, TOGETHER
WITH PORTIONS OF THE ORIGINAL TOWN OF ANAHEIM, AS
SHOWN ON THE MAP RECORDED IN BOOK 4, PAGES 629 & 630,
OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY, TOGETHER
WITH PORTIONS OF CHESTNUT STREET SUBDIVISION, AS SHOWN
ON THE MAP RECORDED IN BOOK 6, PAGE 35, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, AND TOGETHER
WITH PORTIONS OF PARCEL MAP NO. 86-142, OF PARCEL
MAPS, IN THE OFFICE OF SAID COUNTY RECORDER OF ORANGE
COUNTY.
BEING SHOWN AS PARCELS 1 THROUGH 14 AND THOSE PORTIONS
OF CHESTNUT STREET TO BE ABANDONED FOR THE PURPOSE OF
CREATING PRIVATE STREETS, ON SAID TENTATIVE PARCEL MAP
NO. 90-125; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC90-134 granting
Conditional Use Permit No. 3286; and
CUP 3286
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 duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use perinit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
5. 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 particular area nor to the peace,
health, safety and general welfare.
4. 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.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.05.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
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, for the reasons hereinabove stated,
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Conditional Use Permit No. 3286 be, and the same is hereby,
granted permitting a 14-lot commercial subdivision and permit the
construction of a commercial office and retail center including
three (3) restaurants with on-premises sale and consumption of
alcoholic beverages, a 200-room hotel and a 2,500 seat theater,
with building heights in excess of seventy-five (75) feet on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
Section 18.01.130 - Required Lot Frontage.
(All lots required to abut a public
street or alley; 1 lot without
frontage proposed)
subject to the following conditions:
1. That the appropriate traffic signal assessment fee shall be
paid to the City of Anaheim in an amount as established by
City Council resolution.
~ 2. That grading and drainage of subject property shall conform
to Chapter 17.04 "Grading, Excavations, Fills and Water
Courses" of the Anaheim Municipal Code.
3. That either (a) a Parcel Map to record the division of
subject property shall be submitted to the Subdivision
Section for review and approved by the City Engineer and
then be recorded in the Office of the Orange County
Recorder or (b) a Lot Line Adjustment Plat to adjust or
remove property lines such that any new buildings lie
completely within one (1) parcel, shall be submitted to the
Subdivision Section for review and approval by the City
Engineer and then recorded in the Office of the Orange
County Recorder.
4. That the legal property owner shall dedicate to the City of
Anaheim the necessary public utility easements for
transformers, switches and related facilities, as required
by the Utilities General Manager.
That all existing driveways along any of the streets which
are not required by the proposed development shall be
removed and replaced with standard curb, gutter, sidewalk
and landscaping.
6. That prior to issuance of the first building permit, a
phasing plan for public improvements, right-of-way
dedications, easements and parcelization shall be submitted
~ to and approved by the City Engineer.
7. That gates shall not be installed across any driveway or
private street in a manner which may adversely affect
vehicular traffic in the adjacent public streets.
Installation of any gates shall conform to the Engineering
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Standard Plan No. 402 and shall be subject to the review
and approval of the City Traffic Engineer prior to issuance
of a building permit.
8. That plans shall be submitted to the City Traffic Engineer
for his review and approval showing conformance with
Engineering Standard Plan Nos. 402, 436, 601, 602, 604 and
605 pertaining to parking standards. Subject property
shall thereupon be developed and maintained in conformance
with said plans.
9. That all driveways shall be constructed with fifteen (15)
foot radius curb returns as required by the City Engineer
in conformance with Engineering Standard Plan No. 137.
10. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans
on file with said Division. Such information shall be
specifically shown on the plans submitted for building
permits.
11. That prior to final building and zoning inspections, "no
parking for street sweeping" signs shall be installed as
required by the Street Maintenance and Sanitation Division
and in accordance with specifications on file with said
division.
12. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the City Fire Department.
That fire sprinklers shall be installed as required by the
Fire Department. Sprinklers are not required for the open
parking structure exce_p~ for any below-grade levels and any
portions adjacent to the retail shops.
14. That all high rise buildings shall comply with the
appropriate City of Anaheim Fire Prevention Standards.
15. That street lighting facilities along Oak Street,
Clementine Street, Lemon Street and Harbor Place shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of the
Utilities General Manager; or 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 a building permit. The above-required
improvements shall be installed prior to occupancy.
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16. That all lots within subject subdivision shall be served by
underground utilities.
17. That the legal property owner/developer shall provide and
install underground electrical conducts and substructures
and pay a fee to the City of Anaheim Public Utility
Department for the installation of underground cables, pad
mounted switches, transformers, capacitors and related
facilities to provide service connections to the parcels
within the project.
18. That prior to issuance of building permits for each parcel
(except Parcel Nos. 1, 3, 4 and 8, precise plans shall be
submitted to the Planning Department for Planning
Commission review at a public hearing. Said submittal
shall minimally include the following:
Site plan;
(b)Floor plans;
(c)Elevation drawings;
(d)Sign plans;
(e) Description of operation (hours of operation and
number of employees); and
(f)Landscape plans.
19. That all private streets shall be developed iu accordance
with Engineering Standard Plan No. 122 for private streets,
including installation of street name signs. Plans for the
private street lighting, as required by the standard
detail, shall be submitted to the Building Division for
approval and included with the building plans prior to the
issuance of building permits. (Private streets are those
which provide primary access and/or circulation within the
project.)
20. That prior to issuance of the first building permit, the
legal owner(s) of subject property shall execute and record
an unsubordinated covenant in a form approved by the City
Attorney's Office wherein such owner(s) agree not to
contest the formation of any assessment district(s) which
may hereafter be formed for the purpose of financing the
undergrounding of utilities, and which district(s) could
include such legal property owner's property.
21. That the water backflow equipment and any other large water
system equipment shall be located either [a) below ground
in a vault acceptable to the Water Engineering Division or
(b) above ground located behind the front setback and fully
screened from any public or private street.
22. That any lockable pedestrian and/or vehicular access gates
shall be equipped with "knox box" devices as required by
the Fire Department.
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23. That no prepared-food service facilities (restaurants)
shall be permitted in subject commercial retail centers
unless a variance for parking is approved by the City
Council, Planning Commission or Zoning Administrator or
unless sufficient Code parking is provided.
24. That the alcohol sales authorized by this resolution shall
be permitted only in conjunction with the sale of prepared
food items (restaurants).
25. 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.
26. That all plumbing or other similar pipes and fixtures
located on the exterior of any building shall be fully
screened by architectural devices and/or appropriate
building materials; and, further, that such information
shall be specifically shown on the plans submitted for
building permits.
27. That the proposal shall comply with all signing
requirements of the CL "Commercial, Limited" Zone, unless a
variance allowing sign waivers is approved by the City
Council, Planning Commission or Zoning Administrator, and
except as otherwise limited by Condition No. 28, below.
28. That any freestanding sign on subject property shall be a
monument-type not exceeding four (4) feet in height and
shall be subject to the review and approval of the City
Traffic Engineer to verify adequate lines-of-sight.
29. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
30. That the parking areas adjacent to any public street shall
be screened from view in conformance with Code Section
18.44.064.010 "Automobile Parking Areas". Said proposed
screening shall be shown on the plans submitted for
building permits.
31. That this Conditional Use Permit is granted subject to the
adoption of a zoning ordinance in connection with
Reclassification No. 89-90-59, now pending.
32. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit Nos. 157
(to permit a practical nursing school on Parcel No. 4) and
1554 (to permit a church meeting hall with waiver of
minimum number of parking spaces on Parcel No. 15) to the
Zoning Division.
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33. That all block walls shall be planted and maintained with
clinging vines to eliminate graffiti opportunities.
34. 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 Exhibit Nos.
1 through 35.
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, 6, 7, 8,
10, 1S, 18, 19, 20, 25, 26, 30, 31 and 32, 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.
36. That prior to final building and zoning inspections,
Condition Nos. S, 9, 11, 13 through 17, 21, 22, 33 and 34,
above-mentioned, shall be complied with.
3?. 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.
BE IT FURTHER RESOLVED that the City Council 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 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 26th day of June,
1990.
CITY CLERK OF THE CITY OF ANAHEIM
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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. 90R-228 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 26th day of June, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Daly, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-228 on the 5th day of July, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of July, 1990.
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. 90R-228, duly passed and
adopted by the Anaheim City Council on June 26, 1990.
CITY CLERK OF THE CITY OF ANAHEIM