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1985-195RESOLUTION NO. 85R-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2599. 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 COMMONWEALTH FINANCIAL CORPORATION, owner, and UNITED SUITES OF AMERICA, INC., agent, to permit a 7-story, 224 room hotel complex with 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: THAT PORTION OF BLOCK 25, OF THE GOLDEN STATE TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE CITED AS "SOUTH 19° 35' 32" EAST, 20.71 FEET"; IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 4, 1963 IN BOOK 6573, PAGE 167, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND THE FOLLOWING COURSES AND DISTANCES: NORTH 79° 34' S3" WEST 49.13 FEET; SOUTH 65° 36' 00" WEST 202.41 FEET; SOUTH 46° 37' 39" WEST 203.20 FEET; SOUTH 37° 50' 29" WEST 606.99 FEET; SOUTH 65° 47' 42" WEST 173.41 FEET; SOUTH 20° 42' 50" WEST 15.63 FEET; AND SOUTH 15° 57' 10" EAST 3.63 FEET TO THE EASTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN PARCEL 123.01 IN DEED TO THE COUNTY OF ORANGE, RECORDED JUNE 4, 1971 IN BOOK 9663, PAGE 713 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE SOUTH 26° O1' 02" EAST 149.75 FEET TO A POINT IN THE NORTHWESTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN DEED TO ORANGE COUNTY WATER DISTRICT, RECORDED JANUARY 20, 1939 IN BOOK 975, PAGE 444 OF SAID OFFICIAL RECORDS, SAID NORTHWESTERLY LINE BEING A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 12,325.70 FEET, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS NORTH 26° 47' 11" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE MOST NORTHERLY CORNER OF SAID LAST MENTIONED LAND, SAID CORNER BEING A POINT IN THE NORTHEASTERLY LINE OF SAID BLOCK 25; THENCE ALONG SAID NORTHEASTERLY LINE OF BLOCK 25, NORTH 19° 35' 32" WEST 490.79 FEET TO THE INTERSECTION WITH A LINE THAT BEARS NORTH 70° 24' 26" EAST FROM SAID POINT OF BEGINNING; THENCE ALONG SAID LAST MENTIONED LINE SOUTH 70° 24' 28" WEST 10.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND INCLUDED IN THE FOLLOWING: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF NEWKIRK ROAD, 40 FEET IN WIDTH, WITH THE NORTHERLY LINE OF THE 100 FOOT RIGHT OF WAY DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 489, PAGE 324 OF DEEDS, RECORDS OF SAID COUNTY, THENCE NORTH 19° 38' 16" WEST ALONG THE SAID WESTERLY LINE OF NEWKIRK ROAD, 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 19° 38' 16" WEST ALONG THE SAID WESTERLY LINE OF NEWKIRK ROAD, 461.50 FEET TO A POINT IN THE SOUTHWESTERLY RIGHT OF WAY LINE OF CALIFORNIA STATE HIGHWAY; THENCE NORTHWESTERLY AND WESTERLY ALONG THE LAST MENTIONED RIGHT OF WAY LINE THROUGH THE FOLLOWING COURSES AND DISTANCES: NORTH 56° 20' 38" WEST 34.71 FEET; THENCE NORTH 89° 21' 23" WEST 112.65 FEET; AND SOUTH 74° O1' 46" WEST 118.65 FEET; THENCE SOUTH 19° 39' 16" EAST ALONG A LINE PARALLEL WITH THE SAID WESTERLY LINE OF NEWKIRK ROAD 517.03 FEET; THENCE NORTH 70° 21' 44" EAST 250.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, MINERAL AND GAS IN AND UNDER SAID LAND, AND WHICH MAY BE PRODUCED THEREFROM, WITHOUT THE RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET, AS TO A PORTION OF SAID LAND, AS RESERVED IN THE DEED FROM JACK G. BOOTH AND OTHERS, RECORDED MARCH 18, 1955 IN BOOK 3000, PAGE 254 OF OFFICIAL RECORDS, AND IN DOCUMENT RECORDED JANUARY 8, 1981 IN BOOK 13905, PAGE 1769, OFFICIAL RECORDS. A PORTION OF SAID LAND, AS IN BOOK 13905, PAGE 1769, SURFACE RIGHTS. DESCRIBED IN DEED RECORDED OFFICIAL RECORD, RESERVES PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS 30 FEET IN WIDTH (NEWKIRK ROAD) LYING WESTERLY OF THE EASTERLY LINES OF LOTS 11 AND 32 OF ORANGE GROVE ACRES NO. 2, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 36 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, BOUNDED SOUTHERLY BY THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 32 AND BOUNDED NORTHERLY BY THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MAY 24, 1963 IN BOOK 6561, PAGE 239 OF OFFICIAL RECORDS; 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. PC85-71 granting Conditional Use Permit No. 2599; 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 -3- 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 and that Conditional Use Permit No. 2599 be, and the same is hereby, granted permitting a 7-story, 224-room hotel complex with on-premises sale and consumption of alcoholic beverages 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 parking 18.06.080 spaces. (444 spaces required; AND 18.61.066.050 400 spaces proposed) SECTIONS 18.61.062.011 - Maximum structural height AND 18.61.063.020 adjacent to single-family zoning. (0 to 30 ft. permitted; 20 and 66 ft. proposed) subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Glassell and Frontera Streets in an amount as determined by the City Council. 2. 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. 3. 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. That prior to issuance of a building permit, the owner of subject property shall pay the appropriate drainage assessment fees to the City of Anaheim in an amount as determined by the City Engineer. 5. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Glassell Street for street widening purposes. -4- 6. That all engineering requirements of the City of Anaheim along Glassell Street and Frontera Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, 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 the satisfactory completion of said improvements. Said security shall be posted with the City prior to issuance of building permits, to guarantee the installation of the above-required improvements prior to occupancy. 7. That street lighting facilities along Glassell Street and Frontera Street 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. 8. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 9. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 10. That subject property shall be served by underground utilities. 11. 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. 12. That fire sprinklers shall be installed as required by the City Fire Marshal. 13. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 14. That this Conditional Use Permit is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 79-80-31, now pending. 15. That sanitary sewer service shall be obtained from the County Sanitation District line to the east of subject property and at the developer's expense. -5- 16. 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. 17. That all air conditioning facilities shall be properly shielded from view. 18. That the proposal shall comply with all signing requirements of the ML Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 19. That prior to final building and zoning inspections, a six (6) foot high masonry block wall shall be constructed along the east and easterly portion of the north property line. 20. That the owner of subject property shall submit a letter requesting termination of Variance Nos. 3141 and Conditional Use Permit No. 2211 to the Planning Department. 21. 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. 7, 9 and 10 and Exhibit Nos. 1 through 6, 8, 11 and 12. 22. That in conformance with Zoning Code Section 18.02.058.014 pertaining to non-conforming uses, the three (3) billboards currently existing on subject property shall be removed. 23. 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, 2, 3, 4, 5, 6, 7, 14, 20 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. 24. That prior to final building and zoning inspections, Condition Nos. 8, 9, 10, 12, 13, 15, 17, 19 and 21, above-mentioned, shall be complied with. 25. That the private access easement located over and across the former Newkirk Street shall not be used for access to or from the hotel by the general public, hotel patrons or delivery trucks. 26. That the owner or operator of the hotel shall not object to, or prosecute any action or proceeding objecting to, the activities of the existing recycling businesses located adjacent to such hotel so long as such recycling businesses are being conducted in accordance with all present use permits issued by the City of Anaheim. -6- 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 14th day of May, 1985. r~~ MAYOR OF THE CITY F ANAHEIM ATTEST: ~~ CI 'Y CLERK OF THE CITY OF ANAHEIM JLW : f m 3i4dM 061485 -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-195 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of May, 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-195 on the 14th day of May, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of fhe City of Anaheim ttiis 14th day of May, 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-195 duly passed and adopted by the Anaheim City Council on May 14, 1985. Gam. /~~ CITY CLERK