93-072 RESOLUTION NO. 93R-72
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3594, IN
PART.
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
to permit a 121-unit, 5-story motel upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
THAT PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST 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:
BEGINNING AT THE CENTERLINE INTERSECTION OF
CERRITOS AVENUE AND HARBOR BOULEVARD, AS SAID
INTERSECTION IS SHOWN ON A MAP FILED IN BOOK
15, PAGE 4 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE NORTH 0 DEG. 16' 20" WEST
42.47 FEET TO THE SOUTHWEST CORNER OF THE
LAND DESCRIBED IN TORRENS TITLE CERTIFICATE
NO. 47; THENCE EASTERLY 660.65 FEET ALONG THE
SOUTH LINE OF SAID LAND TO THE SOUTHEAST
CORNER OF SAID LAND; THENCE SOUTH 0 DEG. 15'
00" EAST 85.00 FEET; THENCE WEST, PARALLEL
WITH SAID SOUTH LINE OF CERTIFICATE NO. 47 A
DISTANCE OF 660.65 FEET TO SAID CENTERLINE OF
HARBOR BOULEVARD; THENCE NORTH 0 DEG. 14' 30"
WEST 42.53 FEET 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
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. PC93-31 granting, in part,
Conditional Use Permit No. 3594; 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
consideration 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. 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,
Conditional Use Permit No. 3594 be, and the same is hereby,
granted, in part, permitting a 121-unit, 5-story motel on the
hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
Section 18.48.083.030 - Minimum interior setbacks.
(10 feet required; none
proposed along
the south property line and none
to 48 feet
proposed along north property
line)
Section 18.48.083.040 - Required landscapinq in setback
areas.
(Minimum 10-foot landscaped
setback adjacent
to interior property lines
required;
none to 10 feet proposed)
subject to the following conditions:
1. That the construction hours shall be limited to 7:00 AM to
6:00 PM, Monday through Saturday.
2. That the water backflow equipment and any other large water
system equipment shall be installed to the satisfaction of the
Water Utility Division in either: (a) underground vaults, or
(b) behind the street setback area in a manner fully screened
from all public streets and alleys.
3. That all meters and fireline assemblies shall comply with the
screening requirements of Chapter 18.48.087 "Utility
Equipment" of the Anaheim Municipal Code.
4. That the legal owner of subject property shall pay the pro-
rated share for upgrading the water main serving subject
property, as required by the Public Works/Engineering
Department.
5. That an approved manual and automatic fire alarm system shall
be installed and maintained in accordance with Uniform Fire
Code Article 14 and as required by the Fire Department.
6. That trash storage areas shall be provided and maintained in a
location acceptable to the Department of Maintenance and in
accordance with approved plans on file with said Department.
Such information shall be specifically shown on the plans
submitted for building permits.
7. That a plan sheet for solid waste storage and collection, and
a plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
8. That the on-site truck/bus turn-around area shall be provided
and maintained to the satisfaction of the Fire Department, the
1611.1\JWHITE\May 5, 1993 -- 3 --
Department of Maintenance, and the Traffic Engineering
Division. Said turn-around area shall be clearly and
specifically shown on plans submitted for building permits.
9. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revisions of Engineering Standard
Plan Nos. 436 and 602 pertaining to parking standards and
driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
10. That the driveway on Harbor Boulevard shall be reconstructed
to accommodate ten (10) foot radius curb returns in
conformance with Engineering Department Standards.
11. That any on-site trees shall be maintained and pruned by a
licensed arborist; and, in the event that any tree is
removed, damaged, diseased and/or dead, it shall be replaced
in a timely manner.
12. That, if required by the City Traffic and Transportation
Manager, an on-site bus bay in a location and design approved
by the Traffic and Transportation Manager shall be provided
and maintained for hotel shuttle buses to transport guests to
and from tourist attractions and local airports. Said bus
bay, if required, shall be shown on plans submitted for
building permits.
13. That an on-site passenger loading/unloading area shall be
provided as required by the City Traffic and Transportation
Manager. Said area shall be shown on plans submitted for
building permits.
14. That vines shall be planted on all block walls located at or
near property lines, including the east property line block
wall which shall be covered with vines to visually soften the
end of the driveway. Said landscaping shall be specifically
shown on plans submitted in connection with building permits.
15. That the owner of subject property shall submit a letter
requesting termination of Variance No. 3819 (waiving the
minimum number of parking spaces to construct a 103-unit, 5-
story motel) to the Zoning Division.
16. That the developer shall be responsible for compliance with
all mitigation measures within assigned time frames and for
any direct costs associated with the Mitigation Monitoring
Program No. 066 as established by the City and as required by
Section 21081.6 of the Public Resources Code to ensure
implementation of those mitigation measures identified in the
Recommended Conditions of Approval for the Mitigated Negative
Declaration.
17. That subject project shall be constructed and maintained in
conformance with the C-R Design Guidelines, as required by
Code Section 18.48.080.010 "Site Development Standards", or
1611.1\J~H[TE\Hay 5, 1~ -- 4 -
any other design guidelines adopted by the City which may
replace those existing guidelines.
18. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked of Exhibit Nos. 1 through 22.
19. That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 4, 6, 7, 8, 9, 12, 13, 14 and 15,
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.
20. That prior to final building and zoning inspections, Condition
Nos. 2, 3, 5, 10, 14, 17 and 18, above-mentioned, shall be
complied with.
21. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
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 4th day of May, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
~6~l.l\J%41~ITE\May 5, 199~ -- 5
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. 93R-72 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 4th day of May, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson
NOES: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-72 on the .~
5th day of May, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 5th day of May, 1993.
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. 93R-72 was duly passed and adopted by the City Council of the City of Anaheim on
May 4, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
CITY OF ANAHEIM
RESOLUTION NO. 93R- 71
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$25,000,000 WATER REVENUE BONDS, 1993 SERIES, OF THE
CITY; PROVIDING THE TERMS AND CONDITIONS OF SUCH BONDS;
APPROVING THE EXECUTION AHD DELIVERY OF AN ESCROW
AGREEMENT IN CONNECTION THEREWITH; APPOINTING A PAYING
AGENT; AND AUTHORIZING OFFICERS OF THE CITY TO DO ALL
THINGS NECESSARY OR ADVISABLE THEREFOR
ADOPTED: May 4 , 1993
LA01 \6190\~801.7 9&601.20
TABLE OF CONTENTS
SECTION PAGE
SECTION 1. Definitions 4
SECTION 2. Equality of 1993 Bonds and Parity Bonds; Pledge
of Revenues 8
SECTION 3. Purpose of the 1993 Bonds 8
SECTION 4. Special Obligations; No General City Liability 9
SECTION 5. Description of the 1993 Bonds 9
SECTION 6. Place of Payment . 10
SECTION 7. Execution and Authentication of the 1993 Bonds 10
SECTION 8. Registration and Transfer 11
SECTION 9. Redemption of 1993 Bonds . 11
SECTION 10. Funds and Accounts . 14
SECTION 11. Disposition of Bond Proceeds 15
SECTION 12. Revenue Account 16
SECTION 13. M&0 Account 16
SECTION 14. Bond Service Account; Sinking Account 16
SECTION 15. Reserve Fund 19
SECTION 16. R&R Account 19
SECTION 17. E&I Account 20
SECTION 18. Surplus Moneys in the Revenue Account 20
SECTION 19. Investments 20
SECTION 20. Warranty 21
SECTION 21. Covenants 21
Covenant 1. Punctual Payment 21
Covenant 2. Discharge Claims . 21
Covenant 3. Operate Enterprise in E~ficient and
Economical Manner 22
LA01 \6190\&801,7 i ~6o~.~o
Covenant 4. Against Sale, Eminent Domain,
Existing and Future
Agreements . 22
Covenant 5. Insurance 23
Covenant 6. Records and Accounts 23
Covenant 7. Collection of Charges 24
Covenant 8. Rates and Charges . 24
Covenant 9. No Priority for ~d~i~i~n~l'
Indebtedness 25
Covenant 10. Limits on Parit~ Bonds . . 25
Covenant 11. Tax Covenants Relating to the
Internal Revenue Code of 1986 26
SECTION 22. Lost, Stolen, Destroyed, or Mutilated 1993 Bonds 27
SECTION 23. Cancellation of 1993 Bonds 27
SECTION 24. Consent of 1993 Bondowners 27
SECTION 25. 1993 Bond Form . 31
SECTION 26. Temporary 1993 Bonds 31
SECTION 27. Book-Entry Format 31
SECTION 28. Authorization of Escrow Agreement 33
SECTION 29. Appointment of Paying Agent 33
SECTION 30. Further Action 33
SECTION 31. Resolution Constitutes Contract; Certain
Amendments, etc. 34
SECTION 32. Defeasance 35
SECTION 33. Future Contracts 36
SECTION 34. Unclaimed Moneys 36
SECTION 35. Severability 36
SECTION 36. Official Statement 36
SECTION 37. Substitutes 37
SECTION 38. Effective Date 38
EXHIBIT A-- BOND FORM A-1
EXHIBIT B-- FORM OF MANAGER'S DETERMINATION
CERTIFICATE B-1
LA01 \6190\4801.7 ii