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1985-055RESOLUTION NO. 85R-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2634. 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 from Douglas E. Jones, et al., owners, and ANAHEIM REGENCY HOTEL, agent to permit a 318-room hotel with with on premises sale and consumption of alcoholic beverages upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL l: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 117, PAGES 35 AND 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 117, PAGES 35 AND 36 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL A: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER, SAID POINT BEING THE INTERSECTION OF THE CENTER LINE OF HARBOR BOULEVARD AND ORANGEWOOD AVENUE, THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER AND THE CENTER LINE OF SAID ORANGEWOOD AVENUE, SOUTH 89° 43' 23" WEST 666.85 FEET TO THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, THENCE ALONG SAID WESTERLY LINE, NORTH 1° 13' 08" WEST 353.05 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND DISTANT 353.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE OF ORANGEWOOD AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 89° 43' 23" EAST 265.04 FEET MORE OR LESS, TO A LINE PARALLEL WITH AND DISTANT 265.00 FEET, EASTERLY MEASURED AT ~~ RIGHT ANGLES FROM SAID WESTERLY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 1° 13' 0$" WEST 106.00 FEET; THENCE PARALLEL WITH SAID CENTERLINE OF ORANGEWOOD AVENUE, NORTH 89° 43' 23" EAST 400.72 FEET MORE OR LESS, TO SAID CENTER LINE OF HARBOR BOULEVARD; THENCE ALONG SAID CENTERLINE NORTH 1° 21' 07" WEST 200.93 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 89° 43' 36" WEST 665.32 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHWEST CORNER THEREOF; THENCE ALONG SAID WESTERLY LINE, SOUTH 1° 13' 08" EAST 306.97 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF WHICH IS NOT INCLUDED WITHIN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS SAID SECTION WOULD BE DEVELOPED FROM A CENTER AS DESCRIBED IN CASE NO. 40910 IN THE SUPERIOR COURT OF ORANGE COUNTY, CALIFORNIA. A CERTIFIED COPY OF THE DECREE WAS RECORDED AUGUST 1, 1943, IN BOOK 1208, PAGE 287, OFFICIAL RECORDS, AND IN CASE NO. 41055 IN THE SUPERIOR COURT OF ORANGE COUNTY, CALIFORNIA. A CERTIFIED COPY OF THE DECREE WAS RECORDED FEBRUARY 14, 1951, IN BOOK 2144, PAGE 174, OFFICIAL RECORDS, SAID CENTER LINE BEING SHOWN ON A MAP FILED IN BOOK 24, PAGE 22 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THAT PORTION OF THE NORTH 175.00 FEET THEREOF, MEASURED FROM THE NORTHERLY LINE OF THE LAST DESCRIBED EXCEPTION LYING EASTERLY OF A LINE PARALLEL WITH SAID HARBOR BOULEVARD, AND DISTANT WESTERLY 470.32 FEET MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF SAID HARBOR BOULEVARD; 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 -2- 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. PC84-258 granting Conditional Use Permit No. 2634; 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 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 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will traffic congestion in the immediate the adjoining land uses; and not cause an increase in vicinity nor adversely affect -3- 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NO~V, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the "~' action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2634 be, and the same is hereby, granted permitting the hereinabove described use on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.024 - Minimum number of AND 18.44.066.050 arking spaces 561 spaces required; 350 spaces proposed) subject to the following conditions: 1. 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. 2. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. 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. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 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. -4- 7. That the owner of subject property shall submit a letter requesting termination of Variance No. 3242 and Conditional Use Permit Nos. 2322, 1982 and 183 to the Planning Department. 8. That prior to issuance of a building permit the developer shall execute and record an agreement and post a bond in forms approved by the City Attorney to guarantee payment of X10,000.00 for improvements of the intersection at Harbor Boulevard and Katella Avenue, either a) prior to final building and zoning inspections or b) at the time of award of a contract by the City of Anaheim for the improvements at subject intersection , whichever occurs first. 9. That the petitioner shall redesign and increase the number of parking stalls for the handicapped to a minimum of two percent (2~) of the total number of parking stalls provided. 10. 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 shuttle bus system shall consist of a minimum of three 9-passenger vans. 11. That a comprehensive Signing Plan for vehicular and pedestrian circulation shall be submitted to the City Traffic Engineer for review and approval. 12. That the design and location of all taxi and bus loading and unloading areas shall be subject to review and approval by the City Traffic Engineer. 13. That an Emergency Access Plan shall be submitted to the Fire Chief for review and approval. 14. The fire sprinklers shall be installed as required by the Fire Chief 15a. That prior to issuance of a building permit, the owners 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, 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 number and manner satisfactory to the City Traffic Engineer. Additionally, prior to issuance of a building permit for the hotel, said owners 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 -5- 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. 15b. That prior to issuance of a building permit for parking structure, if required to be provided in accordance with Condition No. 15a herein, a public hearing shall be conducted with notification thereof given in the same manner as set forth in Section 18.03.060 of the Anaheim Municipal Code to consider and approve the design of said parking structure. 16. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along the southerly 19 feet of Harbor Boulevard in an amount as determined by the City Council. 17. 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 within a distance of forty (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. 18. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402 pertaining to standard details for parking structures. 19. That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 20. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 21. That the proposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 22. That an 8-foot high masonry block wall shall be constructed and maintained along the west property line. 23. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residential integrity of the area to the east. 24. That 15-gallon trees planted on 10-foot centers, with appropriate irrigation facilities, shall be installed and maintained along the west property line. -6- 25. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 10. 26. 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 Nos. 1, 6, 7, 8, 9, 11, 12, 13, 15, 16, 18 and 22, 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. 27. That prior to final building and zoning inspections, Condition Nos. 2, 4, 5, 14, 17, 19, 20, 23, 24 and 25, above-mentioned, shall be complied with. 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 2 th day of January, 1985. I~~ MAYOR OF THE CIT. OF AHEIM ATTEST: CITY C~~ERK OF THE CITY OF ANAHE M 2438U -7- 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. 85R-55 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on "'~'''* the 29th day of January, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt 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. 85R-55 on the 29th day of January, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of January, 1985. J CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, i~EONORA N.,SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-55 duly passed and adopted by the Anaheim City Council on January 29, 1985. ~----- CITY CLERK "~"*~