90-217 RESOLUTION NO. 90R-217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3255.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a 130-room, 6-story hotel upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
LOT 8 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 113, PAGES 21
AND 22, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY; 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. PC90-71 granting
Conditional Use Permit No. 3255; 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 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 permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoin-
ing land uses and the growth and development of the area in which
it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
CUP 3255
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 5255 be, and the same is hereby,
granted permitting a 130-room, 6-story hotel on the hereinabove
described real property, subject to the following conditions:
1. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land
forty five [45) feet in width from the centerline of the
street along Clementine Street for street widening purposes.
2. That prior to issuance of a building permit, a faithful
performance bond in an amount approved by the City Engineer
shall be posted with the City of Anaheim to guarantee the
removal of existing street improvements along Clementine
Street and reconstruction/construction of full street
improvements at the ultimate location prior to final
building and zoning inspections.
That prior to issuance of a building permit, the developer
shall coordinate off-site sewer improvements with the City
of Anaheim Public Works - Engineering Department. Potential
improvements may include upgrading the existing twenty one
(21) inch line in Katella Avenue to a twenty four (24) inch
line from subject property to Walnut Avenue or constructing
a new eighteen (18) inch parallel line in Katella Avenue
from subject property to Walnut Street. The sewer shall be
installed to the satisfaction of the Public Works -
Engineering Department prior to occupancy.
4. 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 established by City Council
resolution.
5. That plans shall be submitted to the City Traffic Engineer
for his review and approval showing conformance with
Engineering Standard Plan Nos. 402, 436, 602, 604 and 605
pertaining to parking standards. Subject property shall
thereupon be developed and maintained in conformance with
said plans.
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6. That the driveway on Clementine Street shall be constructed
with fifteen (15) foot radius curb returns as required by
the City Engineer in conformance with Engineering Standard
No. 157.
7. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the City Fire Department. An all-weather road
shall be provided to the hydrants at all times, as required
by the Fire Department.
8. That a Class 1 stand pipe shall be installed as required by
the Fire Department.
9. That fire sprinklers shall be installed as required by the
Fire Department.
10. That an automatic fire alarm system shall be installed as
required by the Fire Department. Local alarms to notify all
occupants shall be installed. Manual pulls may be omitted.
11. 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.
12. That a trash truck circulation plan shall be reviewed and
approved by the Street Maintenance and Sanitation Division.
13. That separate fire and domestic water services shall be
installed and the water backflow system shall be installed
in underground vaults, all to the satisfaction of the City
Water/Engineering Division.
14. That street lighting facilities along Clementine Street
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.
15. That subject property shall be served by underground
utilities.
16. That the legal owner of subject property shall dedicate to
the City of Anaheim a six [6) to ten [10) foot wide easement
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as required by the Electrical Utilities Division for public
utilities purposes.
17. That the overhead street light conductors along Clementine
Street shall be removed and new underground street light
conduit and conductors shall be installed between the new
street light standards and adjacent wood power poles, as
required by the Electrical Engineering Division.
18. That a fee for street tree purposes shall be paid to the
City of Anaheim based on the length of street frontage along
Clementine Street in an amount as established by City
Council resolution.
19. That prior to the time that a building permit is issued, 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 an assessment district(s) which may
hereafter be formed, for the purpose of financing the
undergrounding of utilities in the Commercial Recreation
Area which, district[s) could include such legal property
owner's property.
20. That cooking facilities shall not be permitted anywhere
within subject hotel facility, unless a variance for parking
is approved by the City Council, Planning Commission or
Zoning Administrator or unless sufficient Code parking is
provided.
21. 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.
22. That all plumbing or other similar pipes and fixtures
located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate
building materials. Such information shall be specifically
shown on the plans submitted for building permits.
23. That plans for a comprehensive sign program shall be
submitted to the Zoning Division for "Report and
Recommendation" review and approval by the Planning
Commission.
24. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
25. That the parking adjacent to Clementine Street shall be
screened from view in conformance with Code Section
18.48.064.010 (landscaping of parking areas). Such
screening details shall be shown on plans submitted for
building permits.
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26. That the developer shall be responsible for any direct costs
associated with the monitoring and/or reporting required as
set forth by Section 21081.6 of the Public Resources Code to
ensure implementation of those mitigation measures
identified in the mitigated Negative Declaration that have
been incorporated as conditions of approval for subject
property. A copy of the Mitigation Monitoring Program, as
modified by the Planning Commission, is attached hereto and
labeled "Exhibit A".
27. 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 11.
28. That prior to issuance of building permits, the following
traffic mitigation measures identified in the Traffic Impact
Analysis submitted by the petitioner and dated February
1990, shall be implemented:
a. That a proportionate share contribution shall be paid
to the City of Anaheim to fund improvements to certain
intersections as follows:
Katella Avenue/Haster Street intersection: 2.0%
Katella Avenue/Harbor Boulevard intersection: 2.2%
The estimated cost of improvements shall not exceed
$113,510, except for inflationary adjustment.
b. That a Transportation Demand Management (TDM) plan
shall be developed for the hotel and shall comply with
Regulation XV of the South Coast Air Quality Management
District (SCAQMD) plus any other TDM measures required
by SCAQMD. This TDM plan shall include, but not to be
limited to the following:
° Participation in an areawide Transportation
Management Association (TMA) at such time as one
is established; and
° Provision of staggered work schedules, flextime,
compressed work weeks or other non-traditional
work scheduling to minimize employee trip
generation during peak periods.
c. The project shall provide a bus bay as provided by the
City Traffic Engineer in the near vicinity of the
project for hotel shuttle buses to transport guests to
and from tourist attractions and local airports.
The bus bay shall be coordinated with the City Engineer
for any dedication and/or widening needed to improve
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Clementine Street to the City's standard street
cross-section. Furthermore, future improvements will
be implemented by other related projects at the
intersection of Katella Avenue and Clementine Street to
extend Clementine Street south of Katella Street. With
these improvements, widening the east side of
Clementine Street shall be provided to maintain lane
alignment on Clementine through the intersection.
29. 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 through 5, 11, 12,
14, 16, 18, 19, 21, 22, 23, 25 and 28, 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.
30. That prior to final building and zoning inspections,
Condition Nos. 2, 3, 6, 8, 9, 10, 13, 14, 15, 17 and 27,
above-mentioned, shall be complied with.
31. 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 19th day of June, 1990.
ATTEST:
CITY CLERK THE CITY OF ANAHEIM
JLW:kh
3750L
06/20/90
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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-217 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 19th day of June, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Daly, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-217 on the 22nd day of June, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of June, 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-217~ duly passed and
adopted by the Anaheim City Council on June 19, 1990.
CITY CLERK OF THE CITY OF ANAHEIM-