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87-388RESOLUTION NO. 87R-388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2883, REVISION 1 (READVERTISED). 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 FL~P 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. 2883; 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-d~oot high, 13-story office building on the hereinabove described real property, subject to the following conditions: 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. -2- 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 1SD 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 all 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 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. -3- 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. 83-01 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 5S-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 tail 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 iS-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. 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. -4- 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 of 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 ail engineering requirements of the City of Anaheim along State College Boulevard and Katella Avenue, including preparation of improvement plans and installation of ali 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, 5, 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 18.05.090 of the Anaheim Municipal Code. 51. That prior to final building and zoning inspections, Condition Nos. 8, 9, 10, 11, 12, 15, 16, 17, 22, 25, 26 and 28 above-mentioned, shall be complied with. 52. 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 ail 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. -6- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this~day of , 19~7  ANAHEIM MAYOR OF THE CI~TY F ATTEST: CITY CLERK OF THE-CITY OF ANAHEIM BG/jb 2070L 110287 -7- CLERK STATE OF CA~IFORRqIA ) 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. 87R-388 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of September, 1987, by the following vote of the members thereof: AYES: COUNCIL ME~ERS: Ehrle, Hunter, Pickier, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-388 on the 22nd day of September, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of September, 1987. CITY CLERK OF THE CITY OF (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-388 duly passed and adopted by the Anaheim City Council on September 22, 1987. CITY CLERK OF THE CITY OF ANAHEIM