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PC 82-71~~ RFSOLUT I Oi4 N0. PCl32-71 A RESOLU7101J OF TtiE A~dANElht ClTY PLANhIINf COPIMISSIOPJ TtiAT PETITIOId FOR CONDITIOPIAL USE PERPIIT PJO. 232z aE GRAh1TED, IN PART WIIEREAS, the Anaheim City Planning Commission di~ receive a verified Petition for Conditional Use Permit from WILLIAM P. DRAGANZA, ET AL., 2b~E5 Seuth Harbor Boulevard, Anaheim, California 92II02, owner, and IJALTER C, tiONG, 33~5 Garden Terrace, Hacienda Heights, California 917~5, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, I t! TtiE C I TY OF AUAIiE I M, COUP~TY OF ORANGE, PAGES~ 35 CAL I FORtJ I A, AS SI10lJN 0IJ A PARCEL MAP F 1 LED i h! BOOK 1 17 , APIU 36 OF PARCEL MAPS, IN TfIE OFFICE Of THE COUilTY RECORDER OF SAID COUNTY. PARCEL 2 IN THE CITY OF ANAHEIM, COUNTY OF ORAPlGE, STATE OF CAL I fORN I A, AS St10WP! 0^J A MAP F I LED 1 PI DOOY. 1 17, PA~ES 35 AND 36 OF PARCEL P1APS, IP1 THE OFFICE OF Tl1E COUNTY RFCORDER OF SAID C OU ~JTY . THAT PORTI0~1 OF THE SOUTHEAST QUARTER OF THE SOU74EAST QUARTER OF TtiE NORTH4lEST QUARTER OF SECi IOPI 27, TOWNSNIP 4 SOUTIi, RAP;GE 10 WEST IN THE RAI~CHO SAt4 JUAN CAJOP! DE SANTA ANA, CITY OF ANAIIEIM, COUtdTY OF ORANGE, STATE OF CALIFORtJIA, AS SAID ScCTION IS SHOWN OP7 A MP.P RECORDED IN BOOK 51, PAuE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUIJTY RECORDER, DESCRIBED AS FOLLO!JS: f3EGiNIJING AT THE SOUTHEAST COkNER OF SAID tJORTHWEST QUARTER, SAID POINi BEING THE INTERSECTION OF THE CENTER LIWE OF HARBOR BOULEVARD AtJD ORANGE4100D AVENUE, THEPlC~ ALONG TFIE SOUTHERLY LIIJE OF SAiD i10RTHtiJEST QUAP,TER A"!D THE CENTER LINE OF SAID ORANGEWOOD AVENUE, SOUTH 89° 43' 23" WEST 666.85 FEET TO THE 1J[STERLY LiPlE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, TIiENCE ALONG SAID WESTERLY LIPIE, tJORTH 1° 13' 08" WEST 353.05 FEET, MORE OR LESS, TO A LINE PARALLEL WITIf AND DISTANT LINE OF ORAIGEWOODHAVENUEM~SAIDEPOIJTRIBEINGr'GTiE FTRUESAPOINTNTOF BEGINNING, TNENCE ALONG SAID PARALLEL LINE NOP.TH a9° ~3~ 23" EAST 265.04 FEE7 HORE OR LESS, TO A LINE PARALLEL WITti AND OISTANT 26y,00 FEET, EASTERLY MEASURED AT RIGHT ANGLES FR011 SAID WESTERIY LINE, TNENCE ALONG SAID PARALLEL LIPJE NORTH 1° 13' U8" WEST 106,00 FEET, THENCE PARALLEL W1TH SAID CENTERLINE OF OP,AhIGEW00D AVENUE, NORTH 89° 43' 23" EAST 400,72 FEET MORE OR LESS, TO SAID CENTER LINE OF HARI30R BOULEVARD, THENCE ALOtJG SAID CENTER LINE NORTH 1° 21' 0]" WES7 200.93 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE P~ORTHWEST QUARTER, THENCt SOUTIi 89° 43~ 37" WEST 665.32 FEET ALONG TI1E NORTH LINE OF 5AID SOUTHEAST QUARTER OF TNE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 70 TtIE NORTIilJEST CORtvER THEREOF TIIENCE ALONG SAID WESTERLY LIN[, SOUT{i 1° 13~ 03" EAST 306.97 FEET, MORE OR LESS~ TO THE POINT OF DEGINNING. PC82• ~1 ~;y.. _ ~ . li'u~.b . .~.. .~.. . . .. . .. ~ . . .+nu EiCCEPT APIY PORT I ON THEREOF WH I CI~ I S idOT I NC LUDED W I Tfl I Pl TIiF SOUThIEAST QUARTER OF THE SOUTIIEAST QUARTER OF TfIE NORThIIJEST QUARTER OF SECTION 27, TOIJtJSiiIP 4 SOUTH, RAWGE 1~ WEST, AS SAID SECTIOtd WOULD QE DEVGLOPED fROt1 A CENTER AS DESCRI[iED IN CASE N0. ~+0?10 IP! TI1E SUP[RIOR COURT OF ORAWGE COUhlTY, CALIFORNIA. A CERTIFIED COPY OF THE DECR[E WAS RECQRDED AUGUST 1, t943, IDI BOOK 1203, PAGE 287, OFFICIAL RECORDS, AND I~J CASE N0. 4105~ IN TNE SUPERIOR COUZT OF ORA?~GE COUNTY, CALIFORNIA. A CERTIFIED COPY OF TN[ DECREE WAS RECORDED F[f3RUARY 14, 1951. IN BOOK 214~+, PAGE 174, OFFICIAL RECORDS, SAID CENTER LIfJE BEIPIG SI10WN OPI A t1AP FILED IN BOOK 24, PAGE 22 OF RECORD OF SURVF_YS, I~J THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO EXCEPT THAT PORTIOP! OF THE NORTN 175.00 FEET THEREOF, MEASURED FROM TFIE NORTH[RLY LItJE OF THE LAST D[SCRIl3ED EXCEPTION LYING EASTERLY OF A LItJE PARALLEL WITH SAID HARBOR BOULEVARD, AIJD DIS'fANT WESTERLY 470.32 FEET MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF SAID fiAR40R BOULEVARD. WHEREAS, the City Planning Commission did hold a pul~lic t:earing at the Civic Center in the City of Anaheim on April 19, 1982, at 1:30 p.m., notice of said public hea ring having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 13.03, to hear and constder evidence for and against said proposed conditionai use permit and to investigate and make findings and recommendations in connection therewith; an~l WHEREAS, said Commission, after duP inspection, invr_stigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anahe~m Municipal Code Sections 18.4G.050.160 and 13,44.050.010 to ~ait: to permit a six-story, 6ti-foot fiigh, 4RR-room hotet ~yith accessory uses and on-sale alcoholic beverages and with waivr.rs of the following: (a) SECTION 18.06.060 - tlinimum number of oarkin s aces. 550 spaces required; 3 spaces proposed) (b) SECTION 18.44,063.040 - ~linimum rear setback. 10 eet required adjacent to residential zoning; 0 to 20 feet proposed) 2. That the proposed use, as granted, 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. That the p~oposed use is hereby g~anted subject ta t' . foilow(^g stipulations made by ti~e petitioner at the public hearing: ~a) That an el9ht (~) foot high blocl; wall, measured from highest finished adJacent grade level, shall be constructed on the west property line and that minimum 15-gallon trees and msture shrubs shall be planted in a 10-foot wide planter along the west property llne to provide an immediate visual barrier to the single-family residences to the west of subject property. -2- PC82-71 (b) 'rhat the crash gate on the driveway at the northeast corner of the property shali be replaced with a cliain to allow only buses to exit at that point and to provide complete ~n-site circulation for bus traffic. (c) That construction starting times shall be no earlier than 7:00 a. m. (d) That the construction site shall be adequate~ly and frequently watered during construction to insure that dust wil{ not be a nuisance to surrounding property owners. (e) That a television antenna or cabie system shall be provided without charge to the residents to assure satisfactory television reception to any residences which are unable to reteive a satisfactory level of television signals because of interference caused by the project structures. (f) That the ventilation systems for the hotel and underground parking garage shall exhaust funes and automobile emissions above the rooftop level of the highest structure of the project. (g) That excavation and design plans =or the underground parking structure shall be en~ineered so as to avoid any damage to pools, yards, fences, and houses in the adjacent residential neighborhood, 4. That the requested waiver (a) is h~reby granted ort the hasis that a substantial percentage of guests arrive by transportation modes other than prtvate vehicle, and on the basis that the petitioner has stipulated to entering tnto an agreement with the City of Anaheim that in the event the proposed parking proves to be inadequate, the developer will provtde additional and adequate on-site parking and/or will participate in a parl:ing assessment district. 5. That the requested waiver (b) is hereby denied on the basis that the petitioner agreed at the public hearing to relocate the proposed concrete structure for bus pa rking and the bus parking away from the west property line to the area directly in front of the proposed five (5) story building, lmmediately west of the ~amp to the subterranean garage. 6. That the size and shape of the site proposed for the use, as granted~ is adequate to allow the full development of the proposed use ;n a manner not detrtmental to the particular area nor to the peace~ iiealth, safety, and general welfare of the Cittzens of the City of Anaheim, 7. That the granting of the Conditional Use Permit under the conditions imposed, will not be detrimental to the peace, I~ealtti~ safety and general welfare of the Citizens of the City of Anaheim. "3' PC82-71 3• That the traffic burden upon the streets and hi~hwaysaJesigne~handr~mprovedstowcar~not impose an undue the area. Y the trafftc in 9• That 3 persons indicated their presence at said public hearing in opposition; and that a petition containing approximately 32 signatures was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDIt~G: That after considerin9 Environmental Impact Report i~o. 25 for tlie proposed Regency Resort Hotel located on an irregularly-sha ed parcel of land consisting of approximately 3.3 acres located on the west sidePof Harbor Boulevard, approximately 460 feet north of the centerline of Orangewood Avenue (2045 South fiarbor Boulevard) and after r<.viewing evidencr_, both written and oral, presented to supplement Jraft EIR No, 2~4, the Anaheim City Planning Commission finds that EIR No, 254 is in compliance with the California Environmental Quailty Act and wfth the City and State CE~ZA Guidelines, and that potential environmental impacts can be reduced to an insignificant level by conformance with City plans, policies and ordinance as and therefore, based upon such information, tlie Planning Commisston certifies Environmental Impact Report t~o. 25~i, NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant, in part, subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general ~velfare of tlie Citizens of the City of Anaheim: 1. That street lighting facilities along Harbor Boulevard shall be installed as required by the Office of the Utilities General Manager in accordance with specificatlons on file in tf~e Office of the Utilities General Manager; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an anount and form satisfactory to the City of Anaheim, sha)1 be posted with the City to guarantee the satisfactory compietion of the above-mentioned improvements. Said security shall be posted +v3th the City prior to tssuance of buiiding permits. The above-required improvements sha11 be installed prior to occupancy. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Puhlic Works, 3. 'fiat fire hydrants sha)1 be installed and charged as required and determined to be necessary by the Chtef uf the Fire Department prior to commencement of structural framing. 4, That subject property shall be served by ~ndergrounJ uttlities, 5. That drainage of subject property shal) be disposed of in a manner satisfactor/ to tlie City Engineer. 6. 'Fiat the owner(s) of subject property shall ~~ay the traffic sigr.•a) assessment fee (Ordinance No. 3a3G) in an amount as determined by the City Council, for commercial buildings prior to the tssuance of a building permit. 7. Tliat the owner(s) of subject property shall submit a letter to the Planntng Department requesting tlie trrmination of Variance No. 3242 and Conditional Use Permit ~:;~. '£33 and 1982, -~~- PC82-71 ~, That the proposed hotel shall comply with all signing requiremenCs of the CL (Commercial, Limited) Zone, 9. That a bond, certificate of deposit, letter of cre~lit or cash in the amount of ten-thousand dollars ($1~,000) shall be posted with the Cit; of Anaheim to guarantee improvements at the intcrsection of I:atella Avenue and Harbor Doulevard, Said improvements shal) include turn l~ne storage facilities, signing, channelization and removal of on-street parking on Katella Avenue. 10. That, as recommended by Environmental Impact Report No, 254~ 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 shuttle bus system shall minimally consist of thre.e (3) nine passenger vans. 11. That a comprehensive Signing Plan for on-site vehi~ular a~d pedestrian circulation shall be submitted to the City Traffic Engineer for revlew and approval. 12. That the design and locaiion of all taxi and bus loading and unloading areas shall be subject to re~:;ew and approval by the City Traffic Engtneer. ~3. That an Emergency Access Plan shatl be submitted to the Fire Chief for review and approval. 14. That all structures shall be fuliy sprinklereci as required by the Fire Chief. 15. That the property owner/developer shall enter into an agreement with the City of Anaheim; said agreement providing that in tlie event parking for the proposed hotel proves to be inadequate, the developer hotel/owner shall provide additional on-stte parking as required by the City Traffic Engineer and/or shali participate in a parking assessment district. Said agreement shall be submitted to the Planning Department for transmittal to the City Attorney and City Traffic Engineer for revie~v and approval, 1G. That subject property shail be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6; provided, however that the following modifications shall be made: (a) That the proposed concrete structure (for bus parking) near the west property sha11 be relocated directly to the front of the proposed five (5) story building, immediately west of the ramp to the subterranean garage. ~b) Th~t an eight (8) foot high block wall, measured from highest finished adJacent grade level~ shall be constructed on the west property line, ~~) That minimwn l5-gallon trees and mature shrubs shall be planted along the west property line in a 1~-foot wide planLer to provide an immediate visual barrier to the single- family residences to ttie west, ' -5- PC82-71 ~d) That the crasl~ gate on the driveway at the northeast corner of subject property shall be replaced with a chain to allow only buses to exit at that point. 17. That the ventilation systems for the hotel and underground parking garage shz,l exhaust fumes and autornobile emissions above the rooftop 1eve1 of the highest structure of the project. ia. That excavation and design plans for the underground parking structure ehal) be engineered so as to avoid any damage to pools, yards, fences and houses in the adjacent residential neighborhood. 19. That a television antenna or cable system shall be provided, without charge to the residents, to assure satisfactory television reception to any residences which are unable to receive a satisfactory level of television signals because of interference caused by the project structure. 20. That Condition ilos. 1, 6, 7, 9~ 1), 12, 13, and 15, above-mentioned, sha11 be cemplied with prior tc the commencement of the activity authorized under this resolution, or prior t~ the time that the buildtng permtt is issued, or wtthin a period of one year from date liereof, whichever occurs first, or such further time as the P)anning Commission may grant. 21. That Condition Nos. 2, 4, 5, $, 1y~ ~G and 17, above-mentioned, shall be complied with prior to final building and zoning inspections. 22. That construction starting times shall be no earlier than 7:00 a.m, 23. That the construction site shall be adequataly and frequently svat~red during construction to insure that dust tvill not be a nuisance to surrounding property owners. ~E IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby flnd and determine that adoption of this Resolution is expressly predicated upon app)icant's compliance with each and all of the conditions hereinabove set forth. Should any such condition. or any part thereof, be dec)ared invalid or unenforceab)e and any approvalsdherein~contained,tsha11~6eedeemedunulliand~voidhen thts Resolution, THE FOREGOING RESOLUTIOt~ is signed and approved by me this 19th day of April, 1982. 9~.~.~.~ cz ~,..~ ATTEST • CHA I RMA~~, ANAHE I M C 1 T PLANtJ I NG COMM I SS i Or~ . ~ ~ ~ SECRETARY~ A~JANEIM CITY PLAtdNIMG COMFIISSIOt! -G- PC82-7t ~. STATE OF CALIFORP~IA ) COUNTY OF ORAPdGE ) ss. C ITY OF ANAHE It1 ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 1g, 1982, by the f~llowing vote of the members thereof: AYES: COMMISSIONERS: BOUAS~ DUSFIORE, FRY, HERBST, Y.IIlG, t1C BURNEY tJ0E5: C011MISSIONEf°: tdONE ABSENT: COMMISSIONER~: BAR(JES ItJ WITtJESS WHEREOF, I have hereunto set my hand this 19th day of April, 1982. _ `~d~ ..~ ~,~ti,a~ SECRETARY~ AHAHEI~1 CIT PLANtJIMG COMMISSIQN -7- PC82-71 _ .._. , . .. ~~ '_..,v~.. ~... _ ..,... . _._ . ..., . _...___.__.... . __. ~. ., . ._ ..; . ~,r;•