Loading...
2004-232 RESOLUTION NO. 2004 - 232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2004 - 04906. 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 to permit sales of alcoholic beverages for on- premises consumption in a proposed 7,839 square foot restaurant within the Stadium Lofts - Anaheim (a proposed high- density urban mixed -use center with 390 apartment dwelling units located above 2,820 square feet of retail use, 7,839 square feet of restaurant use, and 6,297 square feet of clubhouse and leasing office surrounding a 5 -level parking structure) upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 85 -214, AS SHOWN ON A MAP FILED IN BOOK 208, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCEL 2 OF PARCEL MAP NO. 85 -214, AS SHOWN ON A MAP FILED IN BOOK 208, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL C: PARCEL 1 AS SHOWN ON A MAP IN BOOK 57, PAGE 1 OF PARCEL MAPS, RECORDS 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. PC2004 -140 granting Conditional Use Permit No. 2004 - 04906; 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 consideration 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. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the proposed project is compatible with existing and surrounding land uses and that the minor deviations from the Code would still achieve a project with architecturally enhanced elevations and recreational/leisure amenities for residents in the project, and further provide a project that is compatible and consistent with the General Plan Mixed -Use land use designation and The Platinum Triangle Master Land Use Plan. 3. That 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 or to health and safety. 4. That 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 as the proposed project has been analyzed in a Traffic Impact Study dated September 28, 2004, reviewed and approved by the City Traffic and Transportation Manager and that the required infrastructure improvements along the adjacent streets will be constructed in connection with the project. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety 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 the below - mentioned waivers pertaining to (a) minimum dimension and area of patios/balconies and (b) required building treatment adjacent to State College Boulevard and the Connector street are hereby granted on the basis that there are special circumstances applicable to the property such as its location and unique characteristics resulting from ultimate right -of -way improvements that will alter the topography and surrounding State College Boulevard and Wright Circle street grades and unique circumstances pertaining to the intended use of the Connector street mainly for vehicular access with limited pedestrian orientation due to - 2 - surrounding land uses. Submitted plans indicate enhanced landscaping and amenities in recreational/leisure areas in excess of Code requirements and further that all proposed patios/balconies accommodate seating for passive outdoor relaxation. 2. That because of these special circumstances, strict application of the Zoning Code would deprive the property of privileges that will be enjoyed by other properties in the vicinity within the Platinum Triangle Mixed Use Overlay Zone as the majority of properties in The Platinum Triangle will not be affected by the proposed grade separation ultimate right -of -way improvements along State College Boulevard and Wright Circle. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2004 -04906 be, and the same is hereby, granted permitting sales of alcoholic beverages for on- premises consumption in a proposed 7,839 square foot restaurant within the Stadium Lofts - Anaheim (a proposed high- density urban mixed -use center with 390 apartment dwelling units located above 2,820 square feet of retail use, 7,839 square feet of restaurant use, and 6,297 square feet of clubhouse and leasing office surrounding a 5 -level parking structure) on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) SECTION NOS. Minimum dimension and area 18.20.110.020.0202.01 of patios/balconies. (Minimum dimension AND 18.20.110.020.0202.02 area required for patios is 8 -foot and 100 and s.f., and 7 -foot and 70 s.f. for balconies; minimum dimension and area proposed is 3 -foot, 8- inches and 39 square foot for patios/balconies) (b) SECTION NOS. Required building treatment 18.20.140.110.1102.02 adjacent to streets. (18 -inch above- grade AND 18.20.140.110.1103.02 residential entries adjacent to State College Blvd. and the Connector street required; at grade entries proposed) subject to the following conditions: 1. That this Conditional Use Permit is granted subject to adoption of Development Agreement No. 2004 - 00002, now pending. 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above - ground water meter in addition to providing a 5 -foot wide clearance around the water meter pad and a 10 -foot wide access easement along the water line from the street to the water meter pad for maintenance. - 3 3. That a private water system with separate water service for fire protection and domestic water shall be provided. 4. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 5. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner /developer. If the existing services are no longer needed, they shall be abandoned by the property owner /developer. 6. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 7. That prior to submitting the water improvement plans, the property owner /developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. 8. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the property owner /developer shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 9. That individual water service and/or fire line connections shall be required for each parcel and/or residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 10. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 11. That signs shall be posted indicating no on- street parking shall be allowed on the - 4 - adjacent streets except where designated turn-out areas are provided for loading and unloading. Such signs shall be shown on plans submitted for the review and approval of the City Traffic and Transportation Manager. 12. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with exhibits approved in conjunction with this Conditional Use Permit, on file with the Planning Department. Said information shall be specifically shown on plans submitted for building permits. 13. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 14. That an on -site trash truck turn- around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn- around area shall be specifically shown on plans submitted for building permits. 15. That the proposed development shall operate in accordance with the written solid waste management plan signed on October 16, 2004, by the project applicant, Windstar Communities, Inc. Modifications to the solid waste management plan shall only occur if mutually agreed upon by both the property owner and the City of Anaheim Director of Public Works. 16. That any required relocation of City electrical facilities shall be at the property owner /developer's expense. Landscape and/or hardscape screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. 17. That closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and the mailroom on the second level of the parking structure to the satisfaction of the Anaheim Police Department. CCTV cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. 18. That an address monument and/or complex map shall be positioned to be readable from the main vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 19. That each individual building and unit shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be - 5 - illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 20. That 4 -foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 21. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital keypad entry system shall be included to facilitate quick response by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. 22. That adequate lighting on all levels of the parking structure, including circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said information shall be specifically shown on plans submitted for building permits. 23. That prior to the issuance of the first building permit, the legal owner of the subject property shall irrevocably offer to dedicate to the City of Anaheim a public utility and sidewalk easement 3 feet in width immediately adjacent to the west property line for placement of street lights, stop signs, fire hydrants, etc. so as not to encroach onto the public sidewalk along the Connector street. 24. That prior to the issuance of the first building permit, a cash payment shall be made to the City of Anaheim for the future construction of one -half of the Connector street between Katella Avenue and Wright Circle to the standards required in The Platinum Triangle Master Land Use Plan. The amount of the cash payment is set forth in Exhibit "G ", Connector Street Cost Estimate of Development Agreement No. DAG2004- 00002. 25. That prior to the first final building and zoning inspection, the interim improvements for the Connector street between Katella Avenue and Wright Circle shall be complete and the pavement shall be repaired and resurfaced to provide a minimum pavement life of ten -years to the satisfaction of the Public Works Department. 26. That prior to issuance of the first building permit, the property owner shall provide an irrevocable offer of dedication to the City of Anaheim for the future Connector street between Katella Avenue and Wright Circle, as shown on the approved site plan. The City may defer acceptance of said offer up to the time that additional dedication and improvements are provided to meet the minimum standards for a Connector street as provided in the Platinum Triangle Master Land Use Plan. That prior to the issuance of the first building permit, the City Engineer and City Attorney shall approve and the property owner shall record a maintenance - 6 - covenant providing for the continued operation and maintenance of the street as a private street until such time as the City accepts the offer of dedication. 27. That prior to issuance of the first building permit,the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for road, public utilities and other public purposes 72 -feet from the centerline of State College Boulevard; 72 -feet from the centerline of Katella Avenue and 38 -feet from the centerline of Wright Circle; and 28 -feet for the Connector Street between Katella Avenue and Wright Circle, as shown on exhibits approved in conjunction with this Conditional Use Permit, on file in the Planning Department. 28. That prior to the issuance of the first building permit, the legal property owner shall submit interim improvement plans for the Connector street to the Development Services Division of the Public Works Department for review and approval. The Connector street improvements shall be developed in accordance with the approved plans prior to final building and zoning inspections. 29. That prior to the issuance of the first building permit, the legal property owner shall finalize the abandonment of the existing public utilities easement (ABA2004- 000098) to the satisfaction of the Development Services Division of the Public Works Department. 30. That Street and Supplemental Lanes Intersection improvements including street widening, sidewalk and parkway landscaping and irrigation shall be constructed along State College Boulevard (future 6 Lane Major, no bike lane, future 60 -foot half width with an additional supplemental right turn lane, resulting in a 72 -foot wide half width) and Katella Avenue (8 Lane Major, 72 -foot half width) in conformance with Public Works Standard Detail 160 -A, Supplemental Lanes Detail 164 -A (3 thru lanes, dual lefts, one right) and The Platinum Triangle Master Land Use Plan. The existing curb along State College Boulevard north of supplemental lane (43 -feet from the street centerline) may remain during the interim condition until the future railroad grade separation is constructed. Wright Circle shall also be improved per approved plans. Parkway landscaping along all streets shall be installed and maintained by the property owner with irrigation connected to the on -site system. An improvement bond in a form acceptable to the City Attorney shall be posted prior to the issuance of the first building permit and street improvements shall be complete prior to the first final building and zoning inspection. 31. That the legal property owner shall obtain a right -of -way construction permit at the Public Works - Engineering counter for all work within the public right -of -way. All improvements must be complete and accepted by the field Engineer prior to the first final building and zoning inspection. Any existing improvements damaged prior to or during construction at the site must be repaired prior to clearance for certificate for occupancy. 32. That prior to issuance of the first building permit, a lot line adjustment plat shall be submitted to the Subdivision Section (Development Services Division) of the Public Works Department and approved by the City Engineer and then recorded in the Office of the Orange County Recorder to combine the three existing lots such that any new building lies completely - 7 - within one (1) parcel. 33. That the portions of the retaining wall adjacent to Wright Circle and State College Boulevard that will be visible from the rights -of -way upon completion of right -of -way improvements for the railroad grade separation, shall be constructed of decorative split face brick or other decorative brick as approved by the Planning Services Division of the Planning Department. Said information shall be specifically shown on plans submitted for building permits. 34. That ongoing during project operation, the property owner /developer shall ensure that the business operator of the subject restaurant shall continuously adhere to the following conditions, as required by the Police Department: a. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. b. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. c. That food service with a full meal shall be available from opening time until either 10:00 p.m. or closing time, whichever occurs first, on each day of operation. d. That there shall be no pool tables maintained upon the premises at any time. e. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. f. That the sales of alcoholic beverages shall not exceed 40% of the gross sales of all retail sales during any three (3) month period. The business operator shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available, subject to audit and, when requested, inspection by any City of Anaheim official during reasonable business hours. g. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. h. That sales of alcoholic beverages for consumption off the premises shall be prohibited. i. That there shall be no exterior advertising of any kind or type, including - 8 - advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages. j. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to on -site residents or off -site nearby residents. k. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit- sharing plan, scheme or conspiracy. 1. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress /egress, to permit deliveries and in cases of emergency. m. That the portion of this permit regarding the sales of alcohol shall expire five years from the date of approval unless a valid license has been issued by the California Department of Alcoholic Beverage Control. n. That the outdoor dining area shall be completely enclosed by decorative fencing, complementary to the design of the building or other such permanent structure as approved by the City, at least forty (40) inches in height, into which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons /employees other than in an emergency. Said information shall be specifically shown on plans submitted for building permits. o. That there shall be no direct pedestrian access to the outdoor dining area from outside the building. All access to this area shall be solely through the restaurant. P. No admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed upon patrons as a condition of entry to the premises. q. That the subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. r. That at all times that entertainment or dancing is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent - 9 - disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. s. That there shall be no public telephones on the premises located within the view of any right -of -way. t. That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) 35. That french doors acceptable to the Planning Services Division shall be provided on all patio (ground -floor) doors. Said information shall be specifically shown on plans submitted for building permits. 36. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Said information shall be specifically shown on the plans submitted for building permits. 37. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 38. That the tubular steel fence to be constructed on top of the retaining wall adjacent to State College Boulevard and Wright Circle, shall not exceed three (3) feet in height as measured from the top of the retaining wall. Clinging vines shall be planted on maximum 5 -foot centers, irrigated and maintained, adjacent to said fence and wall. Said information shall be specifically shown on plans submitted for building permits. 39. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 40. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 41. That the property owner /developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 125 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 42. That signage for subject facility shall be limited to that shown on the approved Conditional Use Permit exhibits submitted by the project applicant, on file in the Planning - 10 - Department. Any additional signage shall be subject to approval by the Planning Director. 43. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of the first building permit. 44. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 402, 436, 470, 471, 472, 473 and 475 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 45. That all driveways to the project site shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 46. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 47. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs or wall/fence locations. Said information shall be specifically shown on plans submitted for building permits. 48. That the driveway into the project from Katella Avenue shall be limited to right -in and right -out only. 49. That the owner of subject property shall submit a letter requesting termination of Variance No. 4129 (to waive required dedication of right -of -way to construct a 1,000 square foot outdoor dining area with sales of alcoholic beverages for on- premised consumption), Conditional Use Permit No. 1427 (to establish two enclosed restaurants with cocktail lounges, in an office building and bank site waiving permitted uses, minimum lot size, permitted sign location, maximum sign area and minimum distance between signs), and Conditional Use Permit No. 2862 (to permit a semi- enclosed restaurant with sales of alcohol for on- premises consumption with waivers of maximum wall height, minimum structural setback, permitted encroachments and minimum number of parking spaces) to the Planning Services Division of the Planning Department. 50. That prior to the issuance of the first building permit, the legal property owner shall demonstrate that efforts have been made to obtain the consent of the owner of the property at 1701 East Katella Avenue to close the first existing driveway opening from the existing private alley (future Connector street) just north of Katella Avenue. If consent is obtained, the driveway - 11 - shall be closed prior to the first final building and zoning inspection. 51. That assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits. 52. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permission of the Management." Said information shall be specifically shown on plans submitted for building permits. 53. That all above - ground utility devices shall be located on private property and outside any required setback area. Said information shall be shown on plans submitted for the first building permits. 54. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 105, and as conditioned herein. 55. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 7, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 22, 23, 24, 26, 27, 28, 29, 30, 32, 33, 35, 36, 37, 38, 43, 44, 45, 47, 49, 50, 51, 52, and 53, 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. 56. That prior to final building and zoning inspections, Condition Nos. 21, 25, 30, 31, 50 and 54, above - mentioned, shall be complied with. 57. 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, State and Federal 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. - 12 - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of November, 2004, by the following roll call vote: AYES: Mayor Pringle, Council Members Tait, McCracken, Chavez, Hernandez NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By MAYOR OF THE Y OF ANAHEIM A'1"1'bS : C ' CLER OF E CITY OF ANAHEIM 56 - 13 -