1985-158RESOLUTION NO. 85R-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2661.
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 ORANGE PROPERTIES, owner, and D & D DEVELOPMENT, agent, to
permit a 61 foot high (88 feet overall), 7 story, 291 room hotel
with accessory uses including on-premise 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 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 191,
PAGES 22 AND 23 OF PARCEL MAPS OF SAID COUNTY.
PARCEL 1:
THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 22, 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 SHOWN ON A MAP RECORDED IN BOOK 51 PAGE
10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LAND DESCRIBED
IN TORRENS TITLE CERTIFICATE NO. 47 ON FILE IN THE
OFFICE OF THE REGISTRAR OF TITLES OF ORANGE COUNTY,
CALIFORNIA, SAID POINT BEING ON THE NORTH AND SOUTH
ONE-QUARTER SECTION LINE OF SECTION 22 AND DISTANT
NORTH 0° 16' 25" WEST 42.93 FEET FROM THE INTERSECTION
OF SAID LINE WITH THE CENTER LINE OF CERRITOS AVENUE
AS DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED
JULY 15, 1926 IN BOOK 662 PAGE 292 OF DEEDS; THENCE
NORTH 0° 16' 25" WEST ALONG SAID NORTH AND SOUTH
ONE-QUARTER SECTION LINE A DISTANCE OF 410.73 FEET;
THENCE NORTH 89° 57' 00" EAST 60.00 FEET TO A POINT ON
THE EASTERLY LINE OF HARBOR BOULEVARD, AS DESCRIBED IN
A DEED TO THE CITY OF ANAHEIM, RECORDED DECEMBER 30,
1955 IN BOOK 3338 PAGE 133 OF OFFICIAL RECORDS, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH
89° 57' 00" EAST 240.00 FEET; THENCE NORTH 0° 16' 25"
WEST 102.11 FEET; THENCE SOUTH 89° 57' 00" WEST 240.00
FEET TO A POINT ON THE EASTERLY LINE OF HARBOR
BOULEVARD, AS DESCRIBED IN SAID DEED TO THE CITY OF
ANAHEIM, THENCE SOUTH 0° 16' 25" EAST ALONG SAID
EASTERLY LINE OF HARBOR BOULEVARD, A DISTANCE OF
102.11 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
~-- ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LAND DESCRIBED
IN TORRENS TITLE CERTIFICATE NO. 47 ON FILE IN THE
OFFICE OF THE REGISTRAR OF TITLES OF ORANGE COUNTY,
CALIFORNIA, SAID POINT BEING ON THE NORTH AND SOUTH
ONE-QUARTER SECTION LINE OF SECTION 22 AND DISTANT
NORTH 0° 16' 25" WEST 42.93 FEET FROM THE INTERSECTION
OF SAID LINE WITH THE CENTER LINE OF CERRITOS AVENUE
AS DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED
JULY 15, 1926 IN BOOK 662 PAGE 292 OF DEEDS; THENCE
NORTH 0° 16' 25" WEST ALONG SAID NORTH AND SOUTH
ONE-QUARTER SECTION LINE A DISTANCE OF 410.73 FEET;
THENCE NORTH 89° 57' 00" EAST 300 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 57'
00" EAST 360.00 FEET TO THE EAST LINE OF SAID LAND
DESCRIBED IN TORRENS TITLE CERTIFICATE NO. 47; THENCE
NORTH 0° 16' 25" WEST 226.81 FEET TO THE MOST
SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA, FILED NOVEMBER 1, 1950 AS
DOCUMENT NO. 21667 IN THE OFFICE OF THE REGISTRAR
TITLE OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 66°
00' 15" WEST 25.29 FEET TO A LINE PARALLEL WITH THE
DISTANT 33.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES
FROM THE NORTHERLY LINE OF LAND DESCRIBED IN TORRENS
TITLE CERTIFICATE NO. 10914 ON FILE IN THE OFFICE OF
THE REGISTRAR OF TITLE OF ORANGE COUNTY, CALIFORNIA;
THENCE ALONG SAID PARALLEL LINE SOUTH 89° 57' 00" WEST
305.45 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 295.00 FEET;
THENCE WESTERLY, ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 5° 44' 27" AN ARC DISTANCE OF 29.56 FEET TO A
LINE THAT BEARS NORTH 0° 16' 25" WEST FROM THE TRUE
POINT OF BEGINNING, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 5° 41' 27" WEST, THENCE SOUTH 0° 16' 25"
EAST 136.48 FEET; THENCE SOUTH 89° 57' 00" WEST 2.00
FEET THENCE SOUTH 0° 16' 25" EAST 102.11 FEET TO THE
TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE EASTERLY 1.00 FEET; 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
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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. PC85-48 granting
Conditional Use Permit No. 2661; 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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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; and
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; and
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WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain
off-street parking requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions
imposed will not be detrimental to the peace, health, safety or
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 the action of the City Planning
Commission granting said conditional use permit be, and the same
is hereby, affirmed (as revised) and that Conditional Use Permit
No. 2661 be, and the same is hereby, granted permitting a 61 foot
high (88 feet overall), 7 story, 291 room hotel with accessory
uses including on-premise sale and consumption of alcoholic
beverages on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTION 18.48.062.012 - Maximum structural height.
(75 feet or 6 stories permit-
ted; 61 foot high (measured to
the ceiling of the uppermost
habitable level), 88 feet over-
all height and 7 stories pro-
posed.)
SECTION 18.06.050.0232 -
18.06.050.024
18.06.080
AND 18.48.066.050
Minimum number of parking
spaces. (568 spaces required;
365 spaces proposed)
subject to the following conditions:
1. That sidewalks shall be installed along Harbor
Boulevard as required by the City Engineer and in accordance with
standard plans and specifications on file in the Office of the
City Engineer.
2. 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.
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3. That subject property shall be served by underground
utilities.
4. That the owner of subject property shall pay to the
City of Anaheim a fee for tree planting purposes along Harbor
Boulevard in an amount as determined by the City Council.
5. 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.
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.
7. That the driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
8. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer. This shall
include acceptance of and disposal of drainage water from
properties to the east of subject property.
9. 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.
10. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
11. That fire sprinklers shall be installed as required by
the City Fire Marshal.
12. That the owner(s) of subject property shall submit a
letter to the Planning Department from Disneyland representatives
verifying that a balloon test was conducted to determine height
intrusion and that the results of said balloon test are
satisfactory to Disneyland representatives.
13. That prior to issuance of a building permit, the
owner(s) 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 complex, the
City conducts a traffic study which indicates that the off-street
parking is inadequate for the hotel facility, said owner shall
construct a parking structure on the hotel property or shall
otherwise provide additional off-street parking in a number (not
to exceed 203 additional spaces) and manner satisfactory to the
City Engineer. Additionally, prior to issuance of a building
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permit for the hotel complex, said owner(s) 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 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. Compliance with the terms of the
aforesaid covenant is an expressed and continuing condition of
this conditional use permit.
14. 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 system to be reviewed and
approved by the City Traffic Engineer.
15. That a comprehensive signing plan for vehicular and
pedestrian circulation shall be submitted to the City Traffic
Engineer for review and approval.
16. That all air conditioning facilities and other roof
mounted equipment shall be properly shielded from view.
17. That all signing shall comply with all requirements of
the CR Zone, unless a variance allowing sign waivers is approved
by the Planning Commission or City Council; provided, however,
that no signing, either lighted or unlighted, shall be visible
from the interior of Disneyland.
18. That the proposed parking structure design shall
conform to Engineering Standard Plan No. 402 pertaining to
Standard Details for parking structures and ramp requirements.
19. That the owner of subject property shall submit a
letter requesting termination of Variance No. 458, to the
Planning Department.
20. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 14.
21. 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. 2, 4, 5, 6, 12, 13, 18 and 19,
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.
22. That prior to final building and zoning inspections,
Condition Nos. 1, 3, 7, 8, 10, 11, 15, 16 and 20,
above-mentioned, shall be complied with.
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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 23rd day of April, 1985.
. _a
MAYOR OF THE CITY OF ANAHE M
PRO TEM
ATTEST:
ITY CLERK OF THE CITY OF ANAHEIM
JLW:fm
3626M
052185
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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-158 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on ~""'~
the 23rd day of April, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Overholt
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Roth
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed
said Resolution No. 85R-158 on the 23rd day of April, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 23rd day of April, 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-158 duly passed and
adopted by the Anaheim City Council on April 23, 1985.
IT CLERK