Loading...
RES-1989-151RESOLUTION NO. 89R-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3106. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from CALIFORNIA DRIVE-IN THEATRES, 120 North Robertson, Los Angeles, CA 90048, owner, and IDM CORPORATION, 5150 East Pacific Coast Highway, Long Beach, CA 90804, agent, to permit construction of one (1) 18-story, 391,667-square foot commercial/office building and a 2,845-space, 6-level parking structure (within the City of Anaheim) in conjunction with two (2) ten-story, 250,000- square foot commercial office buildings and two (2) 18-story, 391,667-square foot commercial/office buildings and a 6-level parking structure in the City of Orange upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: That portion of Lot 13 of the Lockhart Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 4, Page 512 of Miscellaneous Maps, of the County Recorder of Los Angeles County, California, described as follows: Beginning at the most Northerly corner of the 5.25-acre tract of land conveyed by Harry J. Brainerd to William F. Gade by deed recorded in Book 527, Page 276 of Deeds of said Los Angeles County; Thence S 49° 09' 36" W a distance of 503.74 feet; Thence N 60° 41' 10" W a distance of 118.84 feet; to the beginning of a 342.00-foot ranger curve, concave to the Northeast; Thence Northwesterly along said curve, through a central angle of 60° 51' 48" an arc distance of 361.31 feet; Thence N 00o 09'22" W a distance of 546.48 feet; Thence N 02° 28' 08" E a distance of 240.18 feet to the TRUE POINT OF BEGINNING. Thence N 00o 09' 22" W a distance of 347.93 feet; Thence N 89° 59' 00" E a distance of 761.39 feet; Thence S 00o 04' 20" E a distance of 347.93 feet' Thence S 89° 59' 00" W a distance of 760.88 feet, to the TRUE POINT OF BEGINNING. GRNTG CUP 3106 The area of the above described parcel is 264,821 square feet or 6.08 acres; 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. PC89-71 granting Conditional Use Permit No. 5106; 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. 5. 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 of the City of Anaheim has heretofore certified Final Environmental Impact Report No. 288 and adopted those certain findings, mitigation measured and statement of overriding considerations as more fully set forth in Resolution No. PC89-70. -2- GRNTG CUP 3106 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 3106 be, and the same is hereby, granted permitting construction of one (1) 18-story, 391,667-square foot commercial/office building and a 2,843-space, 6-level parking structure (within the City of Anaheim) in conjunction with two (2) ten-story, 250,000- square foot commercial office buildings and two (2) 18-story, 391,667-square foot commercial/office buildings and a 6-level parking structure in the City of Orange on the hereinabove described real property, subject to the following conditions: i · That this Conditional Use Permit is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 88-89-27, now pending. · That prior to the issuance of a building permit for any structure in Phase I, the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1144 to the Zoning Division. 3. That unless an alternative funding mechanism is implemented prior to issuance of a building permit for Building C, the owner shall pay to the City of Anaheim a fee in the amount of $5.65 per gross square foot of building area as a fair share contribution to the Anaheim Stadium Business Center infrastructure funding shortfall· Said fee shall be collected and adjusted in the same manner as the interim development fees for the Anaheim Stadium Business Center as provided in Chapter 17.50 of Title 17 of the Anaheim Municipal Code. If the developer constructs or provides funds for any eligible off-site improvement or portion thereof as set forth in Exhibit B attached prior to the issuance of a building permit for Building C, credit in an amount ($640,000) as determined by the City Traffic Engineer shall be given. 4. That pursuant to Chapter 17.30 of Title 17 of the Anaheim Municipal Code, prior to issuance of a building permit for Building C or as otherwise provided for in Section 17.30.050 of the Anaheim Municipal Code, a development fee for the Anaheim Stadium Business Center shall be paid to the City of Anaheim in an amount as determined by the City Council. · That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. · That prior to issuance of any building permit in Phase I, a coordinated sign program shall be reviewed and approved by the Planning Commission. -3- GRNTG CUP 3106 · · That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel or tract 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· That the developer shall comply with the following measures to reduce the short-term (construction) impacts associated with implementation of the project- a · b · Fugitive dust shall be controlled through regular watering, paving construction roads, or other dust palliative measures per the requirements of $CAQMD. Construction activities shall be phased and scheduled to level emission peaks. · c · Equipment engines shall be maintained in proper tune. d · Construction shall be discontinued during first and second stage smog alerts· That a 6 to 8-foot high sound barrier shall be constructed along the mobilehome park property line prior to the issuance of a Certificate of Occupancy for the first building in Phase I. 10. That hours of construction shall be limited to normal weekday working hours pursuant to the Anaheim and Orange noise ordinances. 11. That the developer shall complete and submit a site-specific seismic design analysis to the City of Anaheim and City of Orange for high-rise office structures prior to the issuance of each building permit. Structures should be at least designed to resist seismic lateral loading in accordance with the Uniform Building Code of 1985, Section 2312, for Zone 4. 12. That building materials shall not exceed 30% reflectivity to prevent glare. 15. That the project developer shall provide a signal repeater system on one of the project buildings if adverse radio and/or television reception occurs as a result of the project. The applicant shall provide an assessment of significant structures after completion of any major structural elements and install said system, if required, prior to occupancy. This requirement shall apply to all buildings included in the project. -4- GRNTG CUP 5106 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4, except as elevations may be modified pursuant to Condition No. 27, herein. 15. That prior to issuance of any building permits in Phase I, an agreement for shared project revenues shall be executed between the City of Orange and the City of Anaheim. 16. That a reciprocal ingress/egress, utility, and drainage easement between parcels shall be recorded, if required by the City of Anaheim, for each building prior to the issuance of building permits. 17. That new/expanded facilities for water supply and flood control, and wastewater treatment/disposal shall be required for this project. Agreements with agencies providing service shall be secured prior to issuance of building permits as detailed in the Public Utilities and Hydrology Sections in EIR No. 288. 18. That daytime picnic facilities and outdoor leisure areas for employees and IDM Business Center visitors shall be included in building plans. 19. That the proposed office buildings shall be designed to meet an interior noise level guideline of 50 CNEL. 20. That all structures shall meet the requirements of Titles 19 and 24 of the California Administrative Code. 21. That the project developer shall finance the extension of the existing gas mains to provide natural gas service to the project site. ZZ. That development plans shall employ energy-conserving construction and management techniques where required by State law to insure efficient use of natural gas. 25. That the project shall employ, where feasible, energy conservation programs developed by the Southern California Gas Company to reduce the project's consumption of natural gas. 24. That solar water heating shall be considered to supplement the water heating requirements. 25. That the developer shall consider the inclusion of energy measures, such as, but not limited to, the orientation and configuration of buildings to take maximum advantage of relative positions of the sun; the provision of ready access -5- 6RNT6 CUP 5106 to alternative means of transportation, such as walking and bicycling; landscaping to moderate temperatures; energy efficient and night-time ventilation to reduce summer heat gain; insulation of walls, ceilings, floors, windows and hot water lines; use of space conditioning equipment having high energy efficiency ratings and economizer cycle; and, incorporation of natural climatic controls. 26. That prior to issuance of any building permits in Phase II, an analysis of the housing/job balance and housing affordability shall be conducted by the developer and shall be submitted to and approved by both cities. 27. That prior to the issuance of a building permit for any structure in the City of Anaheim, final design plans for the structure shall be submitted to and approved by the Planning Commission. 28. That the developer shall prepare and comply with all recommendations of a soils and geological report prior to the issuance of the first building permit in Phase I. 29. That grading plans shall be submitted to and approved by the City Engineers of Anaheim and Orange prior to the issuance of any building permits. The grading plan shall be compatible with the approved site and landscaping plans. 50. That the grading and foundation plans, including foundation loads, shall be reviewed by a registered Soils Engineer. 51. That all grading and earthwork shall be per£ormed under the observation of a registered Geotechnical Engineer in order to achieve proper subgrade preparation, selection o£ satisfactory materials and placement and compaction of all structural fill. 32. That existing on-site £ills shall be removed or recompacted. No subsurface structural elements such as existing foundations and utility lines shall remain on the site. 55. That the Soils Engineer shall be notified in the event that subsurface conditions are exposed during construction which are significantly different from those described in the geotechnical investigation. 34. That, if necessary, special site preparation or special foundation work shall be completed to correct potential differential compaction and expansive soil conditions. 35. That further investigation to delineate the extent of the channel deposit shall be performed if piles are anticipated for use in building foundations. -6- GRNTG CUP 3106 36. That further geotechnical investigations of the site, including site-specific subsurface exploration, shall be performed to identify potential constraints and to provide geotechnical data for preliminary planning and design. The depth, limit and consistency of potentially compressible alluvial soils shall be determined in these future investigations and, if required, appropriate remedial recommendations be provided. 37. That all grading work shall be monitored by a registered archaeologist. The archaeologist shall be empowered to halt or reduce grading to allow evaluation and recovery time if significant deposits are encountered. 58. That there is no need for paleontological monitoring during grading at the site. However, if fossils are encountered during grading, the developer shall contact a paleontologist so that they may be evaluated. The above work shall be described in a report which receives sufficient distribution to ensure its availability to future researchers. Any material collected during the project shall be donated to a local institution which has the proper facilities for curation, display and use by interested parties. 39. That the front landscaped setback (State College Boulevard frontage) shall be a minimum of 50 feet in width and shall include a landscaped earthen berm and shall be planted with minimum fifteen (15) gallon trees located at minimum twenty (20) foot centers, provided that the City Traffic Engineer may modify this requirement to ensure adequate vehicular and pedestrian visibility. 40. That landscaping and irrigation plans shall encourage drought-tolerant plants, shrubbery and landscaping materials along with an automatically controlled moisture sensing irrigation system, and include raised planters and berming in conjunction with closely spaced, low volume, low angle sprinkler heads. Drip irrigation shall be used when feasible. Watering shall occur during early morning or evening hours to reduce water usage. The landscaping and irrigation plans shall be submitted to the City of Anaheim (Planning Department and Public Utilities Department review and approval needed) and City of Orange for review prior to issuance of each building permit. 41. That on-site and off-site drainage facilities shall be constructed to the satisfaction of the City Engineer prior to occupancy of the first building in Phase I. 42. That during design of the project, a detailed hydrology study and hydraulics study shall be prepared to finalize and size the storm drains shown on Figures 27 and 28 of EIR No. 288, and set the pad elevations. -7- GRNTG CUP 3106 43. The northerly area of Phase I is tributary to the existing El2 storm drain facilities. The proposed Building C and the parking structure shall drain into the existing 33-inch RCP storm drain (Line A in Figure 27 of Draft FIR No. Z88). The area of the proposed Buildings A and B shall drain into the proposed 24-inch RCP storm drain (Line B in Figure 27 of Draft FIR No. 288), and discharge into the existing El2 storm drain. The parking areas in the southern portion of Phase I and the undeveloped land north of State College Boulevard would drain into the proposed storm drains(Lines C and D in Figure 27 of Draft FIR No. 288), and discharge into the existing Z-5 barrel 6' x 3' x 6" RC culvert crossing the Santa Ana Freeway. Line C storm drain shall be designed to maintain two moving traffic lanes of the entrance road during the 10-year storm. 44. That the developer shall place 1 to 5 feet of compacted earth fill within the project site to assure that the proposed office structures and parking structures will be built above the 100-year flood level. 45. That all structures within the City of Anaheim shall conform with the City's Flood Hazard Reduction Ordinance No. 4156 (Chapter 17.28 of the Anaheim Municipal Code). 46. That the developer shall control short-term erosion and sedimentation impacts by implementing the following erosion control measures: a · Diversion of off-site runoff away from the construction site of the project. b · Complete the grading and paving between April and October (dry season). c. Prompt revegetation of proposed landscape areas· d · Perimeter sandbagging or temporary basins to trap sediment. e · Regular sprinkling of exposed soils during construction phases. 47. That all sewer facilities prepared for dedication to the Orange County Sanitation District shall be constructed at the developer's expense and all applicable fees shall be paid by the developer to the City serving the site and the Orange County Sanitation District No. 2 prior to the issuance of each building permit. 48. That all sewer facilities prepared for dedication to the Orange County Sanitary District shall be located within public streets and shall meet all applicable District standards. -8- GRNTG CUP 3106 49. That the developer shall coordinate with Orange County Sanitation District No. 2 to determine appropriate flow reduction techniques to be incorporated into design plans. 50. That prior to issuance of a building permit for any structure in Anaheim, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as established by City Council resolution. 51. That prior to issuance of a building permit for any structure in Phase I, a reciprocal access and parking agreement, for parcels within both Anaheim and Orange, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded agreement shall then be submitted to the Zoning Division. 52. That prior to issuance of each building permit, a plan shall be provided to the City Traffic Engineer in both cities for review and approval addressing how the maintenance of required parking and adequate access is to be maintained during construction. 53. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 54. That the proposed parking structure design shall conform to the Engineering Division's Standard Plan No. 402-B and/or 604 pertaining to standard details for parking structures and ramp requirements. 55. That prior to issuance of a building permit for any structure in Phase I, a parking plan indicating compliance with City parking lot design standards shall be submitted to and approved by the City Traffic Engineer. 56. That prior to the expansion of the parking structure within Anaheim in Phase II, a plan shall be provided to the City Traffic Engineer for his review and approval. The Plan shall also address how the maintenance of required parking and adequate access is to be maintained during the expansion. 57. That the proposed parking structures shall be designed to minimize downwind air quality impacts. As air quality assessment of the potential downwind air quality impacts of the proposed parking structures shall be submitted to the City of Anaheim and the City of Orange for their review and approval prior to issuance of any building permits for a parking structure. The features of the parking structure which will minimize the downwind air contaminant levels shall be included in the report, along with dispersion -9- GRNTG CUP 3106 modeling projecting the downwind air quality levels in the nearby area. (The vent exits of enclosed parking structures can be placed strategically to minimize downwind air quality impacts. ) 58. That the developer shall encourage public transportation concepts to reduce auto dependency and, thereby, reduce total pollutant yields from automobiles entering and leaving the project site. 59. That prior to issuance of any buildin~ permits, a Transportation Demand Management (TDM) Plan shall be developed for a ride-share program that provides a verifiable 1.5 person per vehicle occupancy for each phase of the project with implementation with occupancy of the first building. Said Plan shall be subject to the approval of the City Traffic Engineers of both cities. The developer shall use its best efforts to achieve a level of verifiable 1.5 person per vehicle for each phase of the project. 60. The Transportation Demand Management (TDM) Plan shall comply with Regulation XV of the South Coast Air Quality Management District. The TDM plan is also required by Orange County Transportation Commission (OCTC) and Orange County Transportation District (OCTD). This TDM program shall include, but not be limited to, the following: Provide an on-site, full-time, certified ride-share coordinator. Provide incentives to employees to ride-share including preferential parking, free or reduced fee parking for van-pools and carpools, and provisions for transit use (i.e. bus turnouts, shelters and on-site location of transit schedules), and subsidies of van-pools and transit passes. To encourage van-pooling, parking structures shall have a vertical clearance of 7'2". Bus turnouts shall be provided on State College Boulevard as required by the City of Anaheim Traffic Engineer. Encourage the use of alternative transportation modes by promoting public transit usage and providing secure bicycle facilities and preferential rates, subsidies and/or parking locations for ride pools. Install mass transit accommodations for OCTD Routes, including bus turnout lanes for bus stops, park and ride areas and bus shelters per OCTD and the City Traffic Engineers. -10- GRNTG CUP 3106 Provide sufficient service establishments within the office/commercial areas, such as restaurants, copy centers, financial services and health clubs to minimize the number and length of trips to obtain these services. Participate in an areawide Transportation Management Association (TMA). Encourage employers to provide staggered work schedules, flextime, compressed work weeks or other non-traditional work scheduling. Facilitate bicycle access of the office buildings by providing on-site bike trails linking with the Class III bicycle trail on State College Boulevard, safe and convenient bicycle racks or lockers, lockers for personal storage and shower facilities. 61. That the developer shall provide regular maintenance and sweeping of parking facilities to collect pollutants before they enter the drainage system. If potential noise problems arise from sweeping operations in parking lots and on-site roads, sweeping shall be limited to daytime hours between 7:00 a.m. and 8:00 p.m. 62. That prior to the issuance of a building permit, the design of the parking structures shall be reviewed and approved by the City of Anaheim and City of Orange in order to locate the parking entrance/exit and vehicular traffic away from the mobilehome park. 63. That the parking surface of the parking structures shall be asphalt or a textured concrete surface to minimize the problem of tire squeal noise. 64. That the parking structure shall incorporate architectural detail similar to that of the proposed office towers; demonstrate compatibility of materials; be set back a minimum of 5 feet from the north property line with saidsetback fully landscaped and permanently maintained with an automatic irrigation system; and, be a maximum height of 45 feet. Final design plans for any parking structure shall be submitted to and approved by the Planning Commission prior to the issuance of a building permit. 65. That prior to the issuance of any building permit wherein parking will be provided in Anaheim, the applicant shall record a covenant in a form approved by the City Attorney's Office to the effect that the use of the parking facilities in Anaheim to be provided for the project shall be limited to tenants and patrons of the project; and, that said parking facility shall not be made available for use by -11- GRNTG CUP 3106 visitors and patrons of the Anaheim Stadium or any arena which may be constructed within the Anaheim Stadium Business Center without a written agreement between the applicant and the City of Anaheim. The covenant shall further provide that on days of scheduled events at Anaheim Stadium and/or the arena, the parking facilities shall be conspicuously posted with signs indicating Stadium/Arena parking is prohibited. 66. That a feasibility study on potential use of future freeway right-of-way as a interim park-and-ride facility shall be prepared prior to issuance of the first building permit in Phase I, subject to the review and approval of the City Traffic Engineers of the City of Anaheim and the City of Orange. 67. That all engineering requirements of the City of Anaheim along State College Boulevard and Orangewood Avenue, 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 as set forth in the conditions of approval of this Conditional Use Permit and in accordance with specifications on file in the Office of the City Engineer; or 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. In addition, street signing and pavement markings per City of Anaheim standards shall be installed along project street frontages. 68. That development of the IDM Business Center shall proceed with Phase I as outlined in EIR No. 288 to be completed with all necessary traffic mitigation measures in place or properly guaranteed (through 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 and City of Orange) before construction of Phase II as defined in EIR No. 288. 69. That frontage along State College Boulevard shall be dedicated to accommodate major highway standards of the ultimate alignment including area for an additional (fourth) travel lane along the length of the project's State College Boulevard frontage; and, one northbound right-turn lane from, generally, the future northbound I-S ramp connection to a future Walnut extension easterly of State College Boulevard prior to issuance of any building permit in Phase I, and appropriate documents shall be recorded with the City agreeing to improve such frontage to City standards at such time as the State College Boulevard widening project occurs. -12- GRNTG CUP 3106 69a. That prior to the issuance of the first building permit in Phase I, the legal owner shall acquire and irrevocably offer to dedicate a 12-foot wide, 3S0-foot long strip of land for a deceleration lane on the south side of Orangewood Avenue to serve the project access on Orangewood Avenue. 69b. That, in the event developer has been unable to acquire the offsite rights-of-way necessary to comply with Condition 69a. of this Resolution within thirty (50) days following an offer being made to the owner and, to the extent permitted by law, 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 balance of any fees as may be determined to be due the City as the result of the right-of-way acquisition cost as finally determined by such court judgment or settlement which fees shall be paid in full to City 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 guarantee performance of such payment obligation by developer. 70. That building plans shall include a separate right-turn lane, to the satisfaction of the City Traffic Engineer, to enter the northernmost driveway on State College Boulevard. Installation of said driveway shall be completed prior to the issuance of any Certificate of Occupancy in Phase I. 71. That as indicated on the Phase II site plan, the Bast-West Project Road shall be dedicated and constructed to primary arterial highway standards prior to issuance of building permits for Phase II. Additionally, no permits shall be issued for any buildings in Phase II that would result in any closure of access from the State College Boulevard Frontage Road/Anaheim Boulevard extension between State College Boulevard and Chapman Avenue unless an adequate replacement road has been dedicated and constructed to City of Orange primary arterial standards or adequate access to the site has been demonstrated to the satisfaction of the City of Orange Director of Public Works. 72. That upon the construction of State College Boulevard to the alignment proposed by the I-5 Freeway Widening Project, the primary project entrance shall be relocated to the State College Boulevard frontage and constructed to critical intersection standards, including all traffic signal improvements that pertain directly to the site. -13- GRNTG CUP 3106 73. That prior to the issuance of any Certificate of Occupancy for any structure utilizing the project access from Orangewood Avenue, the developer shall construct a 12-foot wide, 550-foot long deceleration lane on the south side of Orangewood Avenue, per the City Engineer's standards, to serve the project access on Orangewood Avenue. 74. That prior to issuance of the Certificate of Occupancy for any building, construction of the Anaheim Boulevard frontage (Anaheim Boulevard Extension) to City of Orange primary highway standards with critical intersection enhancement at Anaheim Boulevard and project entrance shall be completed. 75. That to mitigate the impacts of Phase I, the improvements identified below shall be implemented incrementally, and as needed, with each building, as determined by the City Traffic Engineers of both cities, to maintain an intersection LOS D throughout the development of Phase I. Any studies associated with determining an implementation program shall be the responsibility of the developer. Ail improvements shall be properly guaranteed through 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 and City of Orange, furnished prior to issuance of the first building permit. The below improvements shall be completed prior to the issuance of a Certificate of Occupancy for the final building in Phase I: State College Blvd. at Anaheim Blvd./Site Access as shown on attached Exhibit Nb'."'~:l Provide two through lanes in each direction. Provide two southbound left-turn lanes (approximately 200 ft. storage) into project entry. Provide one northbound right-turn lane (approximately 200 ft. storage) south of project entry. Provide bus bay with handicapped accessibility (120 ft. x 10 ft.) north of project entry. Provide multi-phase, fully actuated traffic signal at project entry and install interconnect to the City of Anaheim Traffic Management Center for signal coordination. Or.angewood Avenue at Rampart Street as shown on attached Exhibit No. A-2 Restripe and widen as necessary to provide northbound approach to provide a left, straight, right-turn combination lane and right-turn only lane. Orangewood Avenue at SB 5R-57 Ramps as shown on attached Exhibit No. A-2 - Add an eastbound right-turn lane. -14- GRNTG CUP 5106 Chapman Avenue at SB SR-57 Ramps as shown on attached Exhibit" ~qo. X'-4 - Add a second southbound right-turn lane. Orangewood Avenue Project Access as shown on attached Exhibit No. A-2 Add an eastbound right-turn lane into the project, Construct a raised median to preclude left turns into or out of the site access to the satisfaction of the City Traffic Engineer. State College Blvd. Project Access Add a northbound right-turn lane to the satisfaction of the City Traffic Engineer into the northerly project entry. City Drive and Garden Grove (Rt. 22) Freeway Interchange Compliance with City of Orange requirements shall satisfy this portion of this condition. Orangewood Avenue and State College Boulevard Intersection Enhancement Provide $320,000 toward the Project's obligation for one quarter of the City of Anaheim's cost of the total intersection improvement per Critical Intersection Standards plus any cost requirement associated with mitigation measures beyond said standards as identified in EIR No. 288. The developer's portion of said obligation shall be satisfied by payment of the $320,000 to the City of Orange for this intersection improvement. Katella Avenue and State College Boulevard Intersection Enhancement Provide $320,000 toward the Project's obligation for one quarter of the City of Anaheim's cost of the total intersection improvement per Critical Intersection Standards. The developer's portion of said obligation shall be satisfied by payment of the $320,000 to the City of Orange for this intersection improvement. City Drive and Chapman Avenue Intersection Enhancement Compliance with City of Orange requirements shall satisfy this portion of this condition. -15- GRNTG CUP 3106 Anaheim Boulevard and Rampart Traffic Signal Compliance with City of Orange requirements shall satisfy this portion of this condition. 76. That prior to issuance of any Phase II building permits, the following items shall be completed: Phase I public improvements, as conditioned herein, shall be complete or guaranteed to the satisfaction of the City Engineer. Building plans shall include details for the east-west project road to be developed to primary arterial standards to the satisfaction of the City Engineers of both cities· Prepare (under the supervision of the City of Orange and City of Anaheim) and submit, at no cost to the City, a traffic and transportation study to determine the completed Project Phase I impacts on the infrastructure and transportation system as it exists prior to commencement of construction of any portion of Phase II and to determine what mitigation measures, if any, would be required of the property owner to proceed with the development of any or all building elements of Phase II. In the event additional mitigation measures are required, the property owner shall only be required to pay its proportionate fair share of such mitigation measures based upon an allocation among the project site and other benefiting properties, as determined in good faith by the City Engineer, as a condition of the issuance of any building permit in Phase II. Upon payment or guarantee of payment to the satisfaction of the City Engineer of such proportionate fair share, this condition shall be deemed satisfied. 77. That to mitigate the impacts of the ultimate buildout of the project (Phase II), the following improvements shall be implemented prior to issuance of the last Certificate of Occupancy in Phase II: - Chapman Avenue at Lewis Street Restripe the northbound right-turn lane to allow through traffic movements. . Add a third east and westbound through lane. - Chapman Avenue at Rampart Street · Construct a westbound free right-turn lane. Said improvements shall be properly guaranteed through security in the form of a bond, certificate of deposit, -16- GRNTG CUP 5106 letter of credit or cash, in an amount and form satisfactory to the City of Anaheim and City of Orange, furnished prior to the issuance of the first building permit in Phase II and shall be completed prior to issuance of a Certificate of Occupancy for the last building in Phase II. 78. That a bus turnout shall be provided on the project site to the satisfaction of the City Traffic Engineer, prior to issuance of a Certificate of Occupancy for the first building. a · The area adjacent to the turnout shall include a paved passenger waiting area complete with a bus shelter and bench. b. The bus turnout shall be handicapped accessible. C · A paved, lighted and handicapped-accessible pedestrian accessway shall be provided between this stop and the IDM Business Center buildings. 79. That prior to issuance of a building permit for any structure in Anaheim, the appropriate fees due for primary mains and fire protection service shall be paid to the Water Utility Division in accordance with Rules 1SA and 20 of the Water Utility Rates, Rules and Regulations. 80. That the developer shall provide an engineering report which includes among other things; a detailed analysis of expected water use within the project area (average annual, minimum hour, maximum hours, etc.), sizing of water mains required to deliver maximum hour water demand coincidental with fire flow demand as established by the Anaheim Fire Department, and design features that incorporate interior and exterior water conservation techniques recommended by the California Department of Water Resources· The report shall be submitted for review and approval by the General Manager, Public Utilities Department, prior to issuance of a building permit for any structure in Anaheim. 81. That the developer shall conform with Rule 15D of the Water Utility's Rates, Rules and Regulations which provides for, in part, a fee based on square footage and the advancement of additional funds deemed necessary to construct the proposed upgraded water facilities as shown on drawings W-2523 and W-2524. Said drawings are a part of Rule 15D and may be revised by the General Manager, Public Utilities Department, from time to time to reflect changes associated with growth, phasing and construction cost indices. The latest revision of Rule 15D is incorporated herein by this reference. The cost of upgraded water mains which may be required to deliver water to any structure within Anaheim exclusively, shall be at the developer's sole expense, in accordance with established rules and policies. -17- GRNTG CUP 3106 82. That interior and exterior water conservation techniques recommended by the California Department of Water Resources, as appropriate to specific project design shall be incorporated. 85. That subject property shall be served by underground utilities. 84. That development plans for any structures within the City of Anaheim shall require that all services and facilities be built in accordance with the City of Anaheim Electric Rates, Rules and Regulations. 85. That all buildings shall comply with the Energy Conversation Standards set forth in Title 24 of the California Administrative Code. 86. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the City Fire Department. In addition, emergency vehicle access shall be maintained during all phases of construction and at buildout to the satisfaction of the Fire Chiefs of both cities. 87. That fire sprinklers shall be installed as required by the City Fire Department. 88. That the developer shall participate in any fee programs, Community Facilities District or other mechanism adopted by the City Council of Orange or Anaheim, respectively, that are designed for funding the cost of fire station construction, equipment and operation. 89. That prior to issuance of each building permit, the building plans shall be reviewed and approved by the Anaheim Police and Fire Departments for security, safety, accessibility, lighting and crime prevention details. 90. That Office Building C shall have roof addressing consistent with roof addressing requirements for other buildings in the vicinity, to aid air unit (helicopter) surveillance. 91. That security and design measures which employ defensible space concepts shall be utilized to the maximum extent possible during the formulation of detailed development plans. Such measures involve the design and placement of doors, windows, lighting, elevators, public accessways and parking structures. 92. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. -18- 6RNT6 CUP 3106 95. That the project developer shall make provisions for separation of recyclable refuse materials. 94. That sufficient access to accommodate the maneuvers of a large refuse truck with a 45-foot radius shall be provided. 94a That the storage of Class "C" explosives, as permitted pursuant to Section 18.41.050 of Title 18 of the Anaheim Municipal Code, shall be prohibited. 95. That this Conditional Use Permit will expire two years from the date of approval, unless utilized. Extensions for further time may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 96. That the developer shall be held responsible for complying with the future monitoring and reporting program established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Report No. Z88 that have been incorporated as Conditions of Approval for subject project. 97. 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 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 25th day of April, 1989. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:db 3070L 042689 -19- GRNTG CUP 3106 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. 89R-151 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of April, 1989, by the following vote of the members thereof: AYES- COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood and Hunter NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-151 on the 3rd day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of May, 1989. 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. 89R-151 duly passed and adopted by the Anaheim City Council on April 25, 19890 CITY CLERK OF THE CITY OF ANAHEIM