87-444
RESOLlJIION NO. 87R-444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 2946.
WHEREAS, the City Planning Commission of the City of Anaheim did
receive an application for a conditional use permit with a waiver of certain
provisions of the Anaheim Municipal Code from HANOVER REAL ESTATE ASSOCIATES,
9300 Wilshire Blvd, Suite 500, Beverly Hills, CA 90212, owner, and PHILIP R.
SCHWARTZE, 18012 Sky Park Circle, Irvine, CA 92714, agent,upon certain real
property located within the City of Anaheim, County of Orange, State of
Caìifornia, legally described as:
TI-lAT PORTION OF THE NORTHEAST QUARTER OF SECnON 26, TOWNSHIP
4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON SANTA
ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE(S) 10, OF
~ISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 81, PAGE 32 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY; 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.
PC87-l92 granting Conditional Use Permit No. 2946; 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
(lty 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 wi 11 not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be
located.
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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 condi tional use permit under the conditions
imposed will not be detrimental to the peace, health, safety and general
welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after careful
consideration of the action of the City Planning Commission and all evidence
and reports offered at said public hearing before the City Council regarding
said requested waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said waiver(s)
should be granted, for the following reasons:
1. That there are special circumstances applicable to the property,
including size, shape, topography, location or surroundings, which do not
apply to other property under identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1) above, strict
application of the zoning code deprives the property of privileges enjoyed by
other property under identical zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that, for the reasons hereinabove stated, the action of the City
Planning Commission granting said conditional use permit be, and the same is
hereby, affirmed and that Conditional Use Permit No. 2946 be, and the same is
hereby, granted permitting a 1,235,375 square foot commercial/office complex
on the hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
SECTION 18.41.063.030
18.41.063.031
-Minimum Structural Setback
(requIred: 10 ft. adjacent to interior
boundary lines for existing buildings under CO
zoning and 18 ft. for proposed buildings;
Proposed: existing buildings on Parcels 1,2
and 3 straddle the proposed boundary lines,
one proposed office building at 15 ft. and one
proposed parking structure on Parcels I, 2 and
3 straddling the boundary lines) (as shown on
Tentative Parcel Map No. 86-278 (Exhibit 3 of
Development Agreement No. 87-01)
subject to the following conditions:
1.
That this Conditional Use Permit is granted subject to the approval of
CO "Commercial, Office and Professional" Zoning, in connection with
Reclassification No. 87-88-19, now pending.
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That Development Agreement No. 87-C)l shall remain in full force and
effect until the entire subject property is developed in accordance with
this Conditional Use Permi t. If said development agreement is
cancelled, in accordance with the provisions of Section 18
"Cancellation" therein, th is Condit ional Use Permit shall be considered
null and void except for development that has already been completed.
3.
That prior to issuance of building permits for each development phase, a
zoning ordinance (to the CO "Commercial, Office and Professional" Zone)
shall have been adopted for the underlying parcel(s) in connection with
Reclassification No. 87-88-14, now pending.
4.
That subject property shall be developed in the following phases as
shown on Exhibit Nos. 4, 5,6,7 and 8, herein (and as discussed in
Section 9 "Commencement of Construction" of Development Agreement No.
87-01) :
Phase No.
Permitted Buildings
Latest Date for
Commencement of
Construction
1
2
3
4a,4b
Sa, 5b
Office
Office
Office
Office
Office
January, 1990
October 31,1992
October 31,1994
October 31,1996
October 31,1997
Building #1
Building #2
Building #3
Building #4
Building #5
5.
That the Main Private Road as shown on Exhibit No.1 herein (and as
illustrated on Exhibit No.2 of Development Agreement No. 87-01) shall be
constructed in conjunction with the phased construction of the office
buildings, as shown on Exhibit Nos. 4, 5,6, 7 and 8 herein (and as
illustrated in Exhibit Nos. 4a, 4b, 4c, 4d and 4e of said development
agreement). Said Main Private Road shall contain a solid raised median
island four hundred fifty (450) feet in length measured from Katella
Avenue.
lbat prior to occupancy of Office Building #1, the developer shall
prepare and record conditions, covenants and restrictions for the
maintenance of the Main Private Road. Said CC & R's shall be submitted
to the City Attorney for review and approval prior to recordation. A
copy of the recorded document shall be furnished to the Planning
Department.
6.
That prior to issuance of a building permit for Office Building #1 or
upon demand by the City of Anaheim, the developer shall provide, in fee
title and in adequate size, with necessary construction easements and at
a location mutually acceptable to the developer and the City, a deep
water well site. 'The City will construct, operate and maintain said
well, the related pumping equipment and the site.
...,
That prior to issuance of a building permit for Office Building #1,
engineering studies shall be conducted to determine adequacy of sewers
and storm drains for ultimate development of subject property.
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That prior to the issuance of each subsequent building permit, said
studies shall be updated. Said studies shall be provided by the
developer and all studies shall be subject to the approval of the City
Engineer.
That the developer shall construct the improvements identified in said
studies. The improvement systems may be constructed incrementally,
provided said incremental phasing is adequate to provide capacity for the
proposed development phasing.
8.
That prior to issuance of a building permit for each parcel, the
developer shall pay to the Public Utilities Department the primary main
acreage fee at the prevailing rate as provided for in Rule 15 of the
Water Utility's Rates, Rules and Regulations.
~.
That prior to occupancy of Office Building #1, the developer shall
restripe the painted median in Katella Avenue between the Main Private
Road and the east boundary of subject property, and such nominal
extension thereof as may be required by the City Traffic Engineer for
transitional purposes, in accordance with Exhibit No. S-A of Development
Agreement No. 87-01.
10.
That prior to occupancy of Office Building #2 or Office Building #3,
whichever occurs first, the developer shall construct a raised median in
and widen Katella Avenue for the portion of the arterial highway between
the Main Private Road and the eastern boundary of subject property, and
such nominal extension thereof as may be required by the City Traffic
Engineer for transitional purposes, in accordance with Exhibit No. 5-B of
Development Agreement No. 87-01.
That prior to issuance of a building permit for Office Building #2 or for
Office Building #3, whichever occurs first, the developer shall post
security in the form of a bond, certificate of deposit, letter of credit
or cash, in a amount and form satisfactory to the City of Anaheim, to
guarantee the satisfactory completion of said aforementioned improvements.
11.
That prior to occupancy of Office Building #2 or Office Building #3,
whichever occurs last, and subject to the recommendations of a warrant
study, the developer may, at his expense:
(a)
Provide for the design and construction of a traffic signal at the
intersection of Katel1a Avenue and the Main Private Road.
(b)
Pay for the maintenance of such traffic signal upon receipt of an
invoice from the City of Anaheim.
(c)
Prepare and record conditions, covenants and restrictions for the
on-going maintenance of the traffic signal prior to the occupancy of
Office Building #2 or Office Building #3, whichever occurs first.
Said CC & R's shall be submitted to the City Attorney for review and
approval prior to recordation. A copy of the recorded document
shall be furnished to the Planning Department.
(d)
Be responsible for the removal of such traffic signal should it no
longer be necessary.
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The ~arrant study shall be carried out by a traffic engineer approved by
the City of Anaheim and at the developer's expense. The study shall be
carried out under the City's control and direction.
The developer may install said traffic signal at an earlier time should
traffic conditions warrant it pursuant to Caltrans warrant standards and
subject to the approval of the City Traffic Engineer.
u.
That prior to occupancy of Office Building #2 or Office Building #3,
whichever occurs last, and following completion of the first two Office
Buildings $1 and #2 (or #3), the developer shall widen the balance of
Katella Avenue along subject property and shall construct the extension
of the raised median, and such nominal extension thereof as may be
required by the City Traffic Engineer for transitional purposes, in
accordance with Exhibit No. 5-C of Development Agreement No. 87-01.
That prior to issuance of a building permit for Office Building
#3, whichever occurs last, the developer shall post security in
of a bond, certificate of deposit, letter of credit or cash, in
and form satisfactory to the City of Anaheim, to guarantee the
satisfactory completion of said aforementioned improvements.
#2 or for
the form
a amount
13.
That prior to occupancy of any buildings in excess of the initial four
hundred twenty five thousand (425,000) cumulative square feet, plus or
minus ten percent (10%), the developer shall, in accordance with Section
10.1.4 of Development Agreement No. 87-01, complete the following:
(a)
Widen Katella Avenue to a minimum curb-to-curb width of one hundred
six (106) feet to accommodate a new raised median and eight (8)
through lanes from State College Boulevard to the west property
line, and such nominal extension thereof as may be required by the
City Traffic Engineer for transitional purposes.
(b)
Install a sixteen (16) foot wide raised median along the entire
length of Katella Avenue from State College Boulevard to Lewis
Street, and such nominal extension thereof as may be required by the
City Traffic Engineer for transitional purposes, and including an
opening for left turns at the Main Private Road, which road shall be
located three hundred sixty five (365) feet from the west property
line.
(c)
Dedicate to the City of Anaheim an additional ten (10) foot wide
right-of-way to accommodate a bus turnout on the south side of
Katella Avenue in a location recommended by the Orange County
Transit District and found to be mutually acceptable by the City and
the developer, and as ShO~l on Exhibit No.2 of Development
Agreement No. 87-01. The bus stop turnout shall be accessible VIa
sidewalks which connect directly to the project buildings.
Cd)
Construct and improve the west leg of the Katella Avenue/State
College Boulevard intersection to Critical Intersection standards.
Any additional right-of-way acquisition necessary to accomplish such
widening shall be at the developer's sole expense and is subject to
the condemnation provision of Development Agreement No. 87-01.
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(e)
Submit a traffic study prepared by a traffic engineer approved by
the City of Anaheim and paid for by the developer, said study to
determine whether any additional legs of the Katella Avenue/State
College Boulevard intersection should be widened to Critical
Intersection standards, said widening to be at the developer's
expense. Preparation of said study shall be under the control and
direction of the City of Anaheim. Any additional right-of-way
acquisition necessary to accomplish such widening shall be at the
developer's sole expense and is subject to the condemnation
provision of Development Agreement No. 87-01.
'That prior to issuance of a building permit for any development exceeding
the initial four hundred twenty five thousand (425,000) cumulative square
feet, plus or minus ten percent (10%), the developer shall post security
in the form of a bond, certificate of deposit, letter of credit or cash,
in a amount and form satisfactory to the City of Anaheim, to guarantee
the satisfactory completion of all the aforementioned improvements (a)
through (e).
14.
That prior to issuance of a building permit for any development exceeding
the initial four hundred twenty five thousand (425,000) cumulative square
feet, plus or minus ten percent (10%), and if not previously improved by
other area developers, the developer shall fund a study, directed by the
City of Anaheim, to determine the specific timing of the following
improvements which are required as mitigating measures in State College
Boulevard and Orangewood Avenue by Environmental Impact Report No. 271.
Said improvements are anticipated to be completed prior to development of
the proposed project. However, should such improvements not be completed
in connection with other projects, the developer of this project shall,
with the concurrence of the City of Anaheim, implement such improvements
prior to obtaining building permits for any development exceeding the
initial four hundred twenty five thousand (425,000) cumulative square
feet, plus or minus ten percent (10%).
As identified inl:IR No. 217, the improvements identified in the traffic
study prepared for Dunn Properties in April 1985 (in conjunction with
Condi tional Use Permit No. 2713 and known as State College Plaza) shall
be implemented. Said improvements include:
(a)
(b)
Widening of State College Boulevard on the west side;
Provision of two southbound left-turn lanes on State College
Boulevard at Orangewood Avenue;
(c)
(d)
Installation of a raised median on State College Boulevard;
Installation of a bus bay on Orangewood Avenue; and
(e)
Modification of the traffic signal at State College Boulevard and
Pacifico Avenue.
15.
That prior to issuance of the building permit for the Pacifico Avenue
parcel, the owner of subject property shall pay to the City of Anaheim a
fee for street lighting along Pacifico Avenue in an amount as determined
by the City Council.
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] 6.
That prior to issuance of a building permit for the Pacifico Avenue
parcel, the owner of subject property shall pay to the City of Anaheim a
fee for tree planting purposes along Pacifico Avenue in an amount as
determined by the City Council.
P.
TIlat prior to issuance of building permits for the parcels along Katella
Avenue, the owner of subject property shall pay to the City of Anaheim a
fee for tree planting purposes along Kate11a Avenue in an amount as
determined by the City Council.
18.
That prior to occupancy of any building on the Pacifico Avenue parcel,
the developer shall either (a) improve Pacifico Avenue to its ultimate
width along the entire project frontage or (b) make a cash payment for
the cost of said improvements. The Pacifico Avenue site is described as
Parcel B of Parcel Map No. 104-12, shown on Exhibit l-C of Development
Agreement No. 87-01.
That prior to issuance of a building permit for any building on the
Pacifico Avenue parcel, the developer shall post security in the form of
a bond, certificate of deposit, letter of credit or cash, in a amount and
form satisfactory to the City of Anaheim, to guarantee the satisfactory
completion of the aforementioned improvement.
19.
That prior to issuance of each building permit 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
~aheim in an amount as determined by the City Council, pursuant to
Chapter 17.30.
LO.
That the developer shall construct and relocate utilities, as required by
the City of Anaheim, to provide services to this project, including
utilities that are displaced by construction of any permitted buildings.
When the developer submits detailed construction plans in order to obtain
building permits for any permitted building and/or the size and nature of
the project varies, the developer shall construct or relocate utilities,
as required by the City.
2] .
That if the City of Anaheim determines that a reimbursement agreement is
warranted between the developer and the parcel located to the north
across Katella Avenue (having the address 1515 East Katella Avenue,
Anaheim, CA 92805 and currently occupied by General Foods Corporation)
for the cost of construction associated with the Katella Avenue raised
median and the traffic signal, the developer shall be responsible to pay
all costs associated with establishing and administering said agreement.
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THat if, as provided for in Section 10.8 "Power of Fminent Domain" of
Development Agreement No. 87-01, it becomes necessary for the City of
Anaheim to negotiate for and acquire the necessary rights-of-way to allow
the developer to construct any public improvements, as identified in and
required by said development agreement, the developer shall pay for all
costs associated with such acquisition and condemnation proceedings.
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That existing legally established uses on subject property may be
retained until the buildings containing such uses are demolished.
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24.
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That in connection with the submittal of specific development plans for
each phase of development and for the purpose of monitoring each
development phase, the Developer shall provide documentation showing
compliance wi th all exis ling parking standards for both existing and
proposed uses. Said documentation shall include the square footage of
al 1 existing and proposed buildings and the number of existing and
proposed parking spaces.
THat development of subject property shall comply with all South Coast
Air Quality Management District rules and regulations.
2b.
That the following noise reduction measures shall be undertaken by the
developer during all construction periods:
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(a)
To the greatest extent feasible, limit noise producing activities to
daytime hours between 7:00 ~.M. and 6:00 P.M., as required by the
Anaheim Municipal Code;
(b)
(c)
Muffle or shield construction equipment acoustically where feasible;
Use ambient noise mitigating barriers, berms, landscaping and
structural design techniques when appropriate; and
Cd)
Periodically sprinkle the construction site with water, paving areas
proposed for parking, or planting landscaping as soon as possible.
That all structures shall be sound attenuated against the combined input
of all present and projected nOIse to meet the following interior noise
criteria:
Leq (h)
45
50
55
Typical Use
Private office, board room, conference room, etc.
General office, reception, clerical, etc.
Bank lobby, retail store, restaurant, typing pool, etc.
28.
In connection with each development phase, the developer shall be
responsible for the following:
Ca)
(b)
(c)
Cd)
Diversion of off-site runoff away from the construction site;
Prompt revegetation of proposed landscape areas;
Perimeter sandbagging or temporary basins to trap sediment; and
Regular sprinkling of exposed soils during construction phases.
29.
The developer and all future tenants shall be responsible for the
following:
(a)
Regularly maintaining and sweeping the parking facilities to collect
pollutants before they enter the drainage system to minimize impacts
on water quality; and
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(b)
Encouraging the use of carpools and public transportation to reduce
the level of automobile-related pollutants.
30.
Prior to issuance of any building permits, plans shall be submitted
showing that all buildings including parking garages shall be constructed
to conform with all applicable State of California and City of Anaheim
Fire Codes. Said plans, showing building construction, building
separation, accessibility of emergency fire equipment and location of
fire hydrants, are subject to the review and approval of the Fire
Department.
31.
That if, during any phase of development of this project, the Police
Department makes the determination that a Police Public Service
Facilities Counter is necessary, the developer shall provide such a
facilities counter in an area not to exceed one hundred (100) square feet
and at a location in the project which is mutually acceptable to the City
of Anaheim and the developer.
32.
That the developer shall undertake the following public safety measures;
(a)
Prior to issuance of a building permit for each development phase,
the developer shall review the security and circulation features
with the Police Department;
(b)
The developer shall provide adequate lighting along interior
streets, parking areas and walkways to the satisfaction of the
Police Department; and
(c)
The developer shall include defensible space concepts during the
preparation of detailed development plans. Such measures involve
the design of doors, windows, lighting, elevators, and parking
structures.
33.
That pursuant to Rule l5-D of the City of Anaheim, Water Rates, Rules and
Regulations, the developer shall pay the appropriate Gross Floor Building
Area Fees and Advances. The developer may be required to advance funds
to provide for engineering and construction of upgraded areawide water
facilities. Such advances may be subject to reimbursement from other
developers benefiting from such upgraded facilities.
34.
That prior to issuance of any building permit, the developer shall pay
for any water system improvements necessitated by the proposed
building/project (above and beyond the areawide improvements subject to a
separate funding mechanism). Such payment may be subject to
reimbursement by other developers benefiting from such improvements.
~5.
That in connection with any construction, the developer shall install the
on-site water system improvements including secondary mains, fire
hydrants, meters and back-flow prevention devices, if required, at the
developer's expense and in conformance with plans and specifications
approved by the General Manager of the Public Utilities Department or his
designated representative.
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)6.
That prior to the issuance of any building permit, the developer shall
pay for any wastewater system improvements necessitated by the proposed
project. Such payment may be subject to reimbursement by other
developers benefiting from such improvements.
.P.
That trash storage areas shall be provided and maintained in accordance
with approved plans on file with the Street Maintenance and Sanitation
Division.
38.
That all private streets shall be developed in accordance with the City
of Anaheim's Standard Detail No. 122 for private streets, including
installation of street name signs. Plans for the private street
lighting, as required by the standard detail, shall be submitted to the
Building Division for approval and included with the building plans prior
to the issuance of building permits. (Private streets are those which
provide primary access and/or circulation within the project).
.)9.
That street lighting facilities along Katella Avenue shall be installed
as required by the Utilities General Manager in accordance with
specifications on file in the Office of Utilities General Manager, 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 the above-mentioned improvements prior to occupancy of the
second office building.
Said security shall be posted with the City of Anaheim prior to issuance
of a building permit for the second office building. The above-required
improvements shall be installed prior to occupancy of said development
phase.
40.
That the developer shall underground the overhead power lines along the
south side of Katella Avenue along the entire frontage of subject
property, and such adjacent frontages as may be required by the Utilities
General Manager to complete the undergrounding.
41.
That prior to final occupancy of the building on Pacifico Avenue parcel,
street lighting facilities along Pacifico Avenue shall be installed as
required by the Utilities General Manager in accordance with
specifications on file in the Office of Utilities General Manager.
That prior to issuance of a building permit on the Pacifico Avenue
parcel, 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 satisfactory completion of the
above-mentioned requirement.
42.
That all buildings and related facilities shall be served by underground
utilities.
43.
That the proposal shall comply with all signing requirements of the c-o
"Commercial, Office and Professional" Zone, unless a variance allowing
sign waivers is approved by the City Council, Planning Commission or
Zoning Administrator.
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44.
That when a Transportation System Management Plan (TSM) is adopted by the
City of Anaheim, the developer and future tenants shall participate in
such program. The covenants, conditions and restrictions referred to in
Section 15 of Development Agreement No. 87-01 shall include any necessary
requirements to carry out and enforce such plan. TSM programs may
include but are not limited to the following:
(a)
Provide on-site open space rest, recreation, and lunch areas to
ensure an environment that will attract walking trips rather than
the use of the automobile.
(b)
Encourage future employers to become involved in car/van pool and
ridesharing programs as well as "flex-time" work schedules to
minimize peak traffic flows.
(c)
Design parking facilities to accommodate bicyclists, car/van pools,
and handicapped persons proximate to building entrance/exits, and
design on-site circulation to accommodate transit services.
45.
That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Erllibit
Nos. 1 through 9 (and as shown on Sheet Nos. 1, 2 and 3 of Exhibit No.2
in Development Agreement No. 87-01) and with building densities as
identified in Section 8 "Density of Buildings" of said development
agreement. Prior to issuance of any building permits, the developer
shall submit final specific plans to the Planning Commission for review
and approval, in accordance with Section 12 "Exhibits" of said
development agreement.
46.
That if any construction is proposed to cross any property lines, the
property owner shall first record a covenant and agreement to hold such
properties as one parcel. Said covenant shall be submitted to the City
Attorney for review and approval prior to recordation. A copy of the
recorded document shall be furnished to the Building Division prior to
issuance of such a building permit.
47,
That 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 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 visitors and patrons of the Anaheim Stadium 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, the park ing facH it ies shall be conspicuously posted wi th sIgns
indicating Stadium parking is prohibited.
48.
That unless an alternative funding mechanism is implemented prior to
issuance of building permits, the applicant shall pay to the City that
amount per gross square foot as shown in Column I of the Matrix
identifying the Fair Share Contribution and Fair Share Differential for
each phase, attached as Exhibit ~, to this Resolution, subject to those
other provisions of Exhibit A.
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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.
of the
THE FOREGOI~G RESOLUTION is approved and adopted by
City of Maheim this 27th ~ober. 1987.
MA YO~ OF THE hIM
the City Council
!\['TEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
)
)
)
S8.
1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-444 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of October, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
AND 1 FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-444 on the 27th day of October, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of October, 1987.
. ~
'-'-_/ ~--Î[" "- .
1-'-"""- - t, ." "
/\~~""L- / . "-
CITY CLERK OF THE CITY OF AN ElM
(SEAL)
1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R-444 duly passed and
adopted by the Anaheim City Council on October 27,1987.
". 7-../1¡--~
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CITY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT A
FAIR SHARE CONTRIBUTION CHART
Handchart
Oct. 15, 1987
HANOVER - KATELLA OFFICE PARK
(A)
(B)
(C)
(D)
(E)
(F)
HANOVER RECOMMENDED
BUILDING RECOMMENDED FAIR SHARE FAIR SHARE FAIR SHARE
AREA FAIR SHARE HANOVER PERCENTAGE DIFFERENTIAL SHORTFALL FEE
(~Q FT) CONTRIBUTION CONTRIBUTION CONTRIBUTION (TOTAL) ($ PER SQ. FT)
'lASE 1 184,000 $ 650,000 $ 70,000 1070 ($580,000) ($3.15)
PHASE 2 133,000 $ 470,000 $ 50,000 107.. ($420,000) ($3.15)
PHASE 3 . 144,000 $ 509,000 $ 150,000 307.. ($359,000) ($2.49)
PHASE 4 413,375 $1,463,000 $1,025,000 707.. ($438,000) ($1.06)
PHASE 5 395,000 $1,400,000 $ 30,000 ~57o ($1,370,000) ($3.55)
ALL PHASES * 1,269,375 $4,492,000 $1,125,000 25% ($3,367,000) ($2.65)
* Includes
",1 (A) -)
~ol (B) -)
Col (C) -)
Col (D)
Col (E)
Col (F)
34,000 square feet of accessory retail uses to be included in parking garages.
Gross building area per phase as identified in the EIR.
Funding shortfall per sq ft of all Stadium area development X Col (A).
(Example: Phase 1 - ($36,124,000+ 10,172,000 sq ft) X 184,000 sq ft 7- $650,000.>
Cost estimate of EIR identified area wide improvements. Cost estimates are, based
on calculations used to estimate all area wide improvements.
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Col (C)-;- Co1 (B) X 100.
Co1 (B) - Col (C).
Col (E) f Col (A).
FEES SHALL BE COLLECTED AND ADJUSTED IN THE SAME MANNER AS THE INTERIM DEVELOPMENT FEES FOR THE
ANAHEIM STADIUM BUSINESS CENTER AS PROVIDED IN ANAHEIM MUNICIPAL CODE CHAPTER 17.30.
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