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1985-102RESOLUTION NO. 85R-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2651, 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 L.C. SMULL, owner, and BUSINESS PROPERTIES, agent, to permit an 11-story, 128 foot, 6-inch high hotel with on-premises sale and consumption of alcoholic beverages and accessory uses, and a 12 and 15 story, 182-foot and 222-foot, 6-inch high commercial office complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THOSE PORTIONS OF LOTS 6 AND 7 OF THE TRAVIS TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 120 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF LAND DESCRIBED IN THE DEED TO THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY, FORMERLY THE CALIFORNIA CENTRAL RAILWAY, RECORDED MARCH 26, 1886 IN BOOK 407, PAGE 120 OF DEEDS, RECORDS OF LOS ANGELES COUNTY WITH THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 265, PAGE 2 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 0° 53' 56" EAST 531.72 FEET ALONG SAID WESTERLY LINE TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 940.00 FEET A RADIAL TO SAID POINT BEARS NORTH 28° 30' 48" WEST; THENCE NORTHEASTERLY 85.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 11' 42" TO THE WESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED RECORDED NOVEMBER 1, 1974 IN BOOK 11279, PAGE 449 OF OFFICIAL RECORDS; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE NORTHERLY AND EASTERLY BOUNDARY OF SAID DEED TO SAID NORTHERLY LINE OF THE RAILROAD; THENCE WESTERLY ALONG SAID LINE TO THE POINT OF BEGINNING; 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 -1- 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. PC85-17 granting Conditional Use Permit No. 2651; 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 adjoining 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 18.03.040 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- 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, 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. 2651 be, and the same is hereby, granted permitting the hereinabove described uses on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.04.042.080 - Minimum structural setback. (10 feet required adjacent to a freeway; 0 to 5 feet proposed) SECTION 18.48.068 - Required site screening. (6 foot high wall required adjacent to a freeway and railroad; 6 foot high chain link fence proposed) subject to the following conditions: 1. 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. 2. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 3. That subject property shall be served by underground utilities. 4. 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. 5. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 6. That street lighting facilities along Katella Avenue shall be installed and/or relocated 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 of Phase I. -3- 7. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land, the width of which shall be determined by the City Traffic Engineer, from the centerline`of the street along Katella Avenue for street widening purposes. 8. That all engineering requirements of the City of Anaheim along Katella Avenue, including preparation of improvement plans and installation and/or relocation of all improvements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; 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 completion of said improvements. Said security shall be posted with the City prior to issuance of building permits. The above required improvements shall be installed prior to occupancy of Phase I. 9. That the vehicular access rights, except at approved access points, to Katella Avenue shall be dedicated to the City of Anaheim. 10. That prior to commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of ninety (90) days from the date of this resolution, whichever occurs first, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of any assessment districts which may hereafter be formed pursuant to the provisions of Development Agreement No. 83-O1 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include owner's property. Failure to comply with this condition within the specified time shall deem this conditional use permit null and void. 11. That the owner(s) of subject property shall acquire a recorded covenant granting an access easement from the property owner immediately west of subject property for ingress and egress purposes to subject property. Said easement shall be designed in a manner satisfactory to the City Traffic Engineer and said covenant shall be in a form satisfactory to the City Attorney. 12. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Katella Avenue in an amount as determined by the City Council. 13. That prior to final building inspection, a minimum six (6) foot high pedestrian barrier along the southerly property line adjacent to the ATSF Railroad right-of-way shall be constructed in a design which provides a permanent security fence; and that thick, thorny landscaping shall be provided and maintained in order to completely screen said fence. Said landscaping shall be planted and maintained on minimum five (5) foot centers to provide solid visual screening as quickly as possible. The plant material may be "Coyote Bush" (Baccharis Pilularis) planted on 1$-inch centers. -4- 14. That fire sprinklers shall be installed as required by the City Fire Marshal. 15. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402 pertaining to standard details for parking structures and ramp requirements. 16. That all roof-mounted equipment shall be properly shielded from view. 17. 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. 18. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 19. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 20. That in the event a parcel map is recorded on subject property, a reciprocal access and parking agreement, in a form satisfactory to the City Attorney, be recorded with the Office of the Orange County Recorder. A copy of the recorded agreement shall then be submitted to the Planning Department. 21. That prior to issuance of building permits, specific plans for all parking structures shall be submitted for review and approval by the City Traffic Engineer. 22. That prior to issuance of building permits a circulation and street improvement plan shall be submitted for review and approval by the City Traffic Engineer. 23. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 83-84-24, now pending. 24. 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; provided, however, (a) that fifty-five (55) more on-site parking spaces, in addition to those shown on the approved exhibits, shall be provided prior to . ~ final building and zoning inspections for Phase II; and (b) that kitchen efficiency units may be installed in no more than twenty-five percent (25$) of the hotel guest rooms, with a maximum of 6-cubic foot refrigerators, two-burner stoves excluding oven and baking facilities, and single compartment sinks. 25. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2550. -5- 26. That prior to the 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, 18, 21, 22, 23 and 25, 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, 3, 5, 13, 14, 15, 16 and 24, 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 26th day o'f~ Februar ,1985. I~~C i MAYOR OF THE CITY OF AH ATTEST: CITX CLERK OF THE CITY OF ANAHEIM JLW:fm 3378M 032885 -6- 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-102 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 February, 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-102 on the 26th day of February, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of February, 1985. 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. 85R-102 duly passed and adopted by the Anaheim City Council on February 26, 1985. CITY CLE