RES-1989-301RESOLUTION NO. 89R- 301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2883, REVISION 1 (READVERTISED), NUNC PRO
TUNC.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from HARTMANN CORPORATION, 536 West Lincoln Avenue, Anaheim, CA
92805, owner, and BENCO DEVELOPMENT GROUP, 4201 Long Beach Blvd.,
Ste. 403, Long Beach, CA 90807, agent, upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCELS A AND B, AS SHOWN ON A MAP FILED IN BOOK 22,
PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2
AN EASEMENT 8.34 FEET IN WIDTH FOR INGRESS AND EGRESS
OVER THAT PORTION OF LOT 5 OF TRACTS NO. 71, AS SHOWN
ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, THE SOUTH LINE OF SAID EASEMENT BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF THE 60 FOOT
ROAD AS SHOWN ON THE MAP OF TRACT NO. 71 (SAID ROAD
BEING NOW KNOW AS STATE COLLEGE BLVD.) SAID POINT
BEING 280.34 FEET SOUTH, (MEASURED ALONG SAID
CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE
AND MERIDIAN, THENCE EAST, PARALLEL WITH THE SOUTH
LINE OF SAID LOT 5, 250 FEET.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID
60 FOOT ROAD AS SHOWN ON THE MAP OF SAID TRACT NO. 71;
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. PC7-178 granting
Conditional Use Permit No. 2885; 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, sustained and that
Conditional Use Permit No. 2883 be, and the same is hereby,
granted permitting a 188 foot high, 15-story office building on
Parcel 1 and a freestanding restaurant on Parcel Z with the
following waiver:
SECTION 18.61.063.011 - Minimum structural setback
'('5'0'" foot setback required adjacent to
Katella Avenue; 35 feet proposed)
on the hereinabove described real property, 'sh'bject to the
following conditions:
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1. That this Conditional Use Permit is granted subject to
the adoption of the Zoning Ordinance in connection with
Reclassification No. 86-87-22, now pending.
2. That the owner of subject property shall pay to the
City of Anaheim a fee for street lighting along Katella Avenue
and State College Boulevard in an amount as determined by the
City Council.
3. That the owner of subject property shall pay to the
City of Anaheim a fee for tree planting purposes along Katella
Avenue and State College Boulevard in an amount as determined by
the City Council.
4. 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.
5. That prior to issuance of a building permit the
appropriate fees due for primary, secondary and fire protection
shall be paid to the Water Utility Division by the
owner/developer in accordance with Rules 15A and 20 of the Water
Utility Rates, Rules and Regulations.
6. That prior to issuance of a building permit, Stadium
Area water facilities fees and/or advances to the Water Utility
Division shall be paid by the owner/developer in accordance with
Rule lSD of the Water Utility Rates, Rules and Regulations.
7. That pursuant to Chapter 17.30 of Title 17 of the
Anaheim Municipal Code, prior to issuance of a building permit or
as otherwise provided for in Section 17.50.050 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.
8. That the proposed parking structure design shall
conform to Engineering Standard Plan No. 402-B pertaining to
standard details for parking structures and ramp requirements.
9. That ail driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
10. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
11. That subject proposal authorized by this resolution
shall be served by underground utilities. The owner of subject
property shall underground those utilities necessitated by this
project and development of the Katella Avenue/State College
Boulevard intersection to "critical intersection" standards as
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specified by the City Engineer. Such undergrounding shall be
performed to the satisfaction of the Anaheim Public Utilities
Department.
12. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
13. 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.
14. 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 ninety (90) days
from the date of this resolution, whichever occurs first, the
owner(s) of subject property shall execute and record a covenant
in a form approved by the City Attorney's Office wherein such
owner(s) agree not to contest the formation of any assessment
district(s) which may hereafter be formed pursuant to the
provisions of Development Agreement No. 85-01 between the City of
Anaheim and Anaheim Stadium Associates, which district(s) could
include such owner's property.
15. That a landscape plan for subject property shall be
submitted to the Planning Department for review and approval and
shall, at a minimum, include the following: (a) a 55-foot wide
landscaped area adjacent to the northerly property line abutting
Katella Avenue and the westerly property line abutting State
College Boulevard; and (b) trees at a minimum ratio of one tree
per 3,000 square feet of parking and vehicular accessway areas.
The applicant shall coordinate said landscaping design with the
City Traffic Engineer to ensure safe vehicular lines-of-sight.
Any decision made by the Planning Department regarding said plan
may be appealed to the Planning Commission and/or City Council.
Further, that dense landscaping, including fast growing
tall trees (i.e. Cypress), shall be provided along the easterly
property line to provide screening for the two-story office
building to the east, in accordance with the requirements of and
as approved by the Orange County Flood Control District.
16. That a minimum of one 15-gallon tree per every twenty
lineal feet of street frontage, with appropriate irrigation
facilities, shall be installed and maintained in the landscaped
area adjacent to both Katella Avenue and State College Boulevard.
17. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1, 2, 3, 4, and 5.
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18. That the project design shall incorporate measures to
assure that noise standards will be met (e.g. berms, landscaping
and structural design techniques).
19. That the owner of subject property shall participate in
the Transportation Systems Management program once it is adopted
by the City.
20. That the owner of subject property shall undertake, to
the extent feasible, the following measures to reduce the impact
of the project on air quality: scheduling construction and
grading around the driest summer months, periodically sprinkling
with water, paving the area proposed for parking as soon as
possible; maintaining equipment engines in proper tune; phasing
and scheduling construction activities to level emission peaks;
discontinuing construction during second stage smog alerts; and
compliance with Air Quality Management District recommendations
for commercial and office uses.
21. That security and design measures which employ
defensible space concepts shall be utilized in the formulation of
detailed development plans.
22. That the developer shall reduce water use through
conservation measures such as automatic and drip irrigation
systems, compliance with Title 24 of the California
Administrative Code; and use of drought tolerant plant species.
23. That any on-site water system improvements including
secondary mains, fire hydrants, meter sand back-flow prevention
devices, if required, shall be installed at the developer's
expense and in conformance with plans and specifications approved
by the City.
24 That prior to occupancy, the owner of subject property
shall connect the project's sewer system to the existing 42-inch
Orange County Sanitation District sewer line in State College
Boulevard via a new manhole.
25 That prior to occupancy, the owner of subject property
shall provide an on-site storm drain connection to the southeast
Anaheim Channel to reduce the amount of storm waters directed to
State College Boulevard.
26 That the owner of subject property shall construct a
raised median in Katella Avenue as approved by the City Traffic
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 a building permit to guarantee the installation o£
the above-required improvements prior to occupancy.
27. That the owner of subject property shall be required to
improve the entire southeast corner of Katella Avenue and State
College Boulevard to critical intersection standards.
28. That all engineering requirements of the City of
Anaheim along State College Boulevard and Katella 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 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 any building
permit, to guarantee the installation of the above-required
improvements prior to occupancy.
29. That prior to issuance of a building permit for the
proposed free-standing restaurant, the developer shall submit
specific plans including a site plan, floor plans, elevations and
landscaping plans to the City Council for review and approval.
30. That prior to issuance of a building permit, or within
a period of two (2) years from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8,
15, 18, 26, 27, 28 and 29, 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.
31. That prior to final building and zoning inspections,
Condition Nos. 8, 9, 10, 11, 12, 15, 16, 17, 22, 23, 26 and 28
above-mentioned, shall be complied with.
32. That if reimbursement agreements are reached for
off-site improvements required in connection with this proposal,
the property owner/developer may receive reimbursement for their
costs in excess of their fair share of the cost to construct such
off-site improvements.
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
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contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that Resolution No. 87R-388 be,
and the same is hereby, superseded by this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim thisl8day of July, 1989.
ATTEST'
CI '-" ' F THE CITY OF ANAHEIM
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070689
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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-301 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of July, 1989, by the following vote of the members thereof'
AYES'
COUNCIL MEMBERS' Daly, Kaywood and Hunter
NOES.
COUNCIL MEMBERS. None
ABSENT: COUNCIL MEMBERS' Ehrle and Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-301 on the 19th day of July, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of July, 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-301 duly passed and
adopted by the Anaheim City Council on July 18, 1989.
CITY CLERK OF THE CITY OF ANAHEIM