Loading...
1985-436RESOLUTION N0. 85R-436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 2460 AND AMENDING RESOLUTION NO. 84R-35. WHEREAS, the City Council of the City of Anaheim heretofore adopted Resolution No. 84R-35 approving Conditional Use Permit No. 2460, to permit a 17-story, 171-foot high, 852-room hotel with accessory uses and on-premises sale and consumption of alcoholic beverages upon certain real property described therein and subject to certain conditions specified therein; and WHEREAS, the permittee has heretofore filed an application for amendment to certain of said conditions of approval; and WHEREAS, the City Council has heretofore held a duly noticed public hearing which hearing was continued from time to time, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said application; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said conditional use permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 2460 be, and the same are hereby, amended in their entirety to read as follows: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land of variable width as required by the City of Anaheim for the construction of Clementine Street from Katella Avenue south to the southerly property line of subject property. 2. That all engineering requirements of the City of Anaheim along Clementine Street between Katella Avenue and the southerly boundary of the subject property, including preparation of improvement plans and installation 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 the satisfactory completion of said improvements. Said security shall be posted with the City prior to approval of improvement plans, to guarantee the installation of the above-required improvements prior to occupancy. . r 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. This shall include construction of a storm drain in Clementine Street such that will permit the travel lanes to remain unflooded in a 10-year design storm. Said storm drain shall extend southerly from Katella Avenue through subject property and continuing across property located directly south of subject property to the existing drain north of Orangewood Avenue. To the extent said storm drain substantially benefits other properties within the drainage district, the City shall establish a benefit district therefor and the property owner shall be entitled to reimbursement for the portion of the cost of such facilities, including any right-of-way therefor, benefiting such other properties by the execution of a Reimbursement Agreement between the property owner and the City pursuant to Anaheim Municipal Code Section 17.08.430 for reimbursement from fees subsequently collected from future development within the district. Said benefit district shall be established prior to issuance of building permits for any portion of the project or within such other time as set forth in the agreement specified in Condition No. 27 hereof. Said storm drain improvements shall be installed prior to final building and zoning inspections and occupancy of any portion of the project. 4. 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. 5. That subject property within this tract shall be served by underground utilities. 6. 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. 7. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division, including the installation of on-site waste compactors. 8. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 66-67-61 and Reclassification No. 82-83-26, now pending. 9. That the proposed hotel shall comply with all signing requirements of the "CR" (Commercial, Recreation) Zone, unless a variance is approved by the City of Anaheim. Further, no -2- sign or other advertising devices shall be placed so as to exceed the overall height of the proposed hotel structure (171-foot high hotel topped with a 12-foot high parapet). 10. That the developer shall provide and maintain a -~°- television antenna or cable system, without charge to residents, to assure satisfactory television reception to any residences which are unable to receive a satisfactory level of television signals as a result of interference caused by the project structures. 11. Prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 12. Prior to occupancy of the hotel, the developer shall construct median islands along Katella Avenue from Haster Street to Clementine Street without median breaks. 13. Prior to occupancy of the hotel, the developer shall construct median islands along Katella Avenue from Clementine Street to the easterly terminus of an existing median east of Harbor Boulevard without median breaks. 14. Prior to occupancy of the hotel, the developer shall modify the traffic signal at the intersection of Katella Avenue and Clementine Street as required by the City Traffic Engineer. 15. Prior to issuance of building permits, the developer shall pay the traffic signal assessment fees minus the cost of signal modifications made at Katella Avenue and Clementine Street (as required by the preceding Condition No. 14). Prior to occupancy of the hotel, the developer shall pay (or City shall refund) any difference between the actual and estimated cost. of said traffic signal modifications as credited toward said fees. 16. Upon occupancy of the hotel the developer shall provide bus shuttle service for guests to minimize the number of passenger vehicle trips. 17. That all offsite real property interests necessary to comply with the requirements set forth in this resolution shall be acquired and dedicated to the City of Anaheim either by direct acquisition by the developer, or by condemnation by the City pursuant to the acquisition agreement specified in Condition No. 27 hereof at the initial cost and expense of developer within the times otherwise specified in this resolution. 18. That the proposed building and above-grade parking structure shall be sprinklered in compliance with Fire Department requirements. -3- 19. That a standpipe delivery system, emergency on-site water storage and fire control room shall be provided as reviewed and approved by the Fire Department. 20. That the developer shall contribute a pro-rata share of costs associated with the development of a new fire station site, a fully equipped fire station and appropriate apparatus to equip said station. Said pro-rata share of the total costs to be determined by the Anaheim Fire Chief pending completion of a study prior to issuance of a building permit. 21. That the developer shall install a distribution main in the Clementine Street right-of-way and through the project as reviewed and approved by the Water Engineering Division. 22. That the developer shall supply, if needed, an additional source of water to meet anticipated fire flow requirements as reviewed and approved by the Water Engineering Division. 23. That the subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 9. 24. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 8, 17, and 20, 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. 25. That prior to final building and zoning inspections, Condition Nos. 5, 7, 10, 18, 19, 21, 22, and 23 above-mentioned, shall be complied with. 26. That, to the extent that the storm drain improvements required in Condition Nos. 3 and 17 of this Resolution benefit other properties within an as yet undetermined benefit area, the property owner shall be entitled to reimbursement, to the extent permitted by law, for the portion of the cost of such improvements, including the cost of any right-of-way acquisition, benefiting such other properties upon the establishment of said benefit district and execution of a Reimbursement Agreement between the property owner and the City for reimbursement from fees subsequently collected from future developers within the district. The costs of establishing said benefit district shall be initially borne by the property owner, including any initial studies found necessary to determine the extent of improvements as well as the size and scope of such benefit area. The cost of such benefit district formation and/or studies will be included as a reimbursable cost of the benefit -4- district. Said benefit district and Reimbursement Agreement shall be approved prior to the issuance of building permits for the offsite improvements required by this Resolution. 27. That, in the event developer has been unable to acquire the offsite rights-of-way necessary to comply with Condition Nos. 3 and 17 of this Resolution within sixty (60) days following the date of this Resolution, the developer and the City shall enter into an acquisition agreement for the acquisition of said rights-of-way through exercise of the power of eminent domain by the City. Said agreement shall be entered into upon terms consistent with the provisions of this Resolution. In the event such eminent domain action is filed in court by the City, and notwithstanding any other provision of this resolution, building permits shall thereafter be issued by City upon (i) proper application by the developer, (ii) execution by developer of an agreement obligating the developer to pay the right-of-way acquisition cost as finally determined by such court judgment or settlement prior to final building inspection and occupancy of any portion of the project, and (iii) deposit of security in an amount and form approved by the City Attorney to guaranty performance of such payment obligation by developer. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution and the approval of Conditional Use Permit No. 2460 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, or contained in Resolution No. 84R-35, shall be deemed null and void. BE IT FURTHER RESOLVED that, except as expressly amended herein, Conditional Use Permit No. 2460 and Resolution No. 84R-35 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted thislst day of .October 1985. i~ [' ~ MAYOR OF THE CITY ANAHEI ATTES CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3532U 082785 -5- 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. 85R-436 was introduced and adopted at a regular ""~"'"'~ meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of October, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-436 on the 1st day of October, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of October, 1985. C E 0 THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the forego~.ng is the original of Resolution No. 85R-436 duly passed and adopted by the ,Anaheim City Council on October 1, 1985. C TY CLERK