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99-129RESOLUTION N0. 99R-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4096. 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 a planned commercial office/light industrial center with roof-mounted equipment, with a semi-enclosed restaurant having sale of alcoholic beverages for on-premises consumption, with building heights exceeding 35 feet (up to 48 feet, 5 inches proposed) upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT N0. 9169, AS SHOWN ON A MAP RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING DISTANT SOUTH 5° 33' 37" EAST, 989.06 FEET ALONG SAID EASTERLY LINE FROM THE MOST NORTHERLY CORNER OF SAID TRACT, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 7° 31' 28" EAST, SAID POINT ALSO BEING HEREINAFTER REFERRED TO AS ~~POINT A"' THENCE WESTERLY 344.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 42' 17"; THENCE TANGENT TO SAID CURVE NORTH 78° 49' 11" WEST, 214.13 FEET; THENCE NORTH 42° 21' 27" WEST, 21.06 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 278.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 83° 50' 05" EAST; THENCE NORTHERLY 96.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 53' 42"; THENCE NORTH 27° 39' 16" EAST, 23.94 FEET TO A LINE WHICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE CENTER LINE OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 72° 31' 57" EAST, 186.63 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 67.00 FEET; THENCE NORTHEASTERLY 82.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70° 49' 51" TO SAID CENTER LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID CENTER LINE THE FOLLOWING COURSES: NORTH 72° 31' S7" EAST, 281.88 FEET AND EASTERLY 31.31 FEET ALONG A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1200.00 FEET AND A CENTRAL ANGLE OF 1° 29' 41" TO SAID EASTERLY LINE OF TRACT NO. 9169; THENCE SOUTH 5° 33' 37" EAST, 399.28 FEET ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF A LINE WHICH IS PARALLEL WITH AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA PALMA AVENUE. THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT N0. 9169, AS SHOWN ON A MAP RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS„ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING DISTANT SOUTH 5° 33' 37" EAST, 989.06 FEET ALONG SAID EASTERLY LINE FROM THE MOST NORTHERLY CORNER OF SAID TRACT, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 7° 31'28" EAST, SAID POINT ALSO BEING HEREINAFTER REFERRED TO AS ~~POINT A"; THENCE WESTERLY 344.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°42'17";THENCE TANGENT TO SAID CURVE NORTH 78°49'11" WEST, 214.13 FEET; THENCE NORTH 42°21'27" WEST, 21.06 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 278.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 83°50'05" EAST; THENCE NORTHERLY 96.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 53' 42"; THENCE NORTH 27° 39' 16" EAST, 23.94 FEET TO A LINE WHICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE CENTER LINE OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 72° 31' 57" EAST, 186.63 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 67.00 FEET; THENCE NORTHEASTERLY 82.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70° 49' 51" TO SAID CENTER LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID CENTER LINE THE FOLLOWING COURSES: NORTH 72° 31' S7" EAST, 281.88 FEET AND EASTERLY 31.31 FEET ALONG A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1200.00 FEET AND A CENTRAL ANGLE OF 1° 29' 41" TO SAID EASTERLY LINE OF TRACT N0. 9169; THENCE SOUTH 5° 33' -- 37" EAST, 399.28 FEET ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE TO THE POINT OF BEGINNING. -2- EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF A LINE WHICH IS PARALLEL WITH AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA PALMA AVENUE. CITY OF ANAHEIM, A MUNICIPAL CORPORATION, (ACQUIRED BY FINAL ORDER OF CONDEMNATION ENTERED IN CASE NO. 127381, SUPERIOR COURT OF ORANGE COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED OCTOBER 26, 1967 AS INSTRUMENT N0. 18791 IN BOOK 8417, PAGE 110 OF OFFICIAL RECORDS) AND COUNTY OF ORANGE, BY DEED RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS. THOSE PORTIONS OF THIRD CLASS LANDS ALLOTTED TO JESUS WILSON DE SHORB AND R.G. DE LA RIVA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO CANNON DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BOUNDED AS FOLLOWS: WESTERLY BY THE EASTERLY LINE OF TRACT NO. 9169, AS SHOWN ON A MAP RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND THE SOUTHERLY PROLONGATION THEREOF, NORTHERLY BY THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE RIVERSIDE, SANTA ANA LOS ANGELES RAILWAY COMPANY BY DEED RECORDED JULY 9, 1886 IN BOOK 164, PAGE 611 OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY, NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN THE CORPORATION EASEMENT DEED RECORDED NOVEMBER 10, 1980 IN BOOK 13828, PAGE 115 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND NORTHEASTERLY, EASTERLY AND SOUTHERLY BY THE SOUTHWESTERLY, WESTERLY AND NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 111.01 OF THE EASEMENT DEED RECORDED JUNE 28, 1982 AS INSTRUMENT N0. 82-221347 OF SAID OFFICIAL RECORDS. EXCEPTING THEREFROM, ANY PORTION THEREOF GRANTED TO THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY BY DEED RECORDED JULY 9, 1879 IN BOOK 68, PAGE 569 OF DEEDS, RECORDS OF SAID LOS ANGELES 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 -3- 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. PC-99-69 granting, in part, Conditional Use Permit No. 4096; 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. The proposed use will not adversely affect the adjoining 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. WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off-street parking requirements, as follows: .. 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 -4- identical zoning classification in the vicinity; and 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; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or 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 Conditional Use Permit No. 4096 be, and the same is hereby, granted permitting a planned commercial office/light industrial center with roof-mounted equipment, with a semi-enclosed restaurant having sale of alcoholic beverages for on-premises consumption, with building heights exceeding 35 feet (up to 48 feet, 5 inches proposed), on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.04.060.050 - Minimum parking lot landscaping. 18.06.030.040 (Landscaped separation required and 18.41.066.030 between every 10 or fewer parking spaces in a row; landscaping separating more than 10 spaces in a row proposed) Section 18.41.061.040 - Minimum area per lot. (20,000 sq.ft. per lot required; 16,552 to 19,602 sq.ft. for Lot Nos. 3, 6, 8 and 10 proposed) subject to the following conditions: 1. That no driveways shall be permitted on Jenifer Drive. 2. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. -5- _. 3. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 4. That the driveways on La Palma Avenue shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 6. That the legal property owner shall provide an easement to the City of Anaheim consisting of approximately eighty (80) sq.ft. within the landscaped setback area along La Palma Avenue for installation of the traffic signal controller cabinet. The plans for this area, including landscaping to screen the cabinet, shall be submitted to the City Traffic and Transportation Manager and Zoning Division for review and approval. 7. That the cost of traffic signal maintenance, including preventive or extraordinary maintenance, unrecoverable damages, and electrical costs shall be paid by the property owner/developer. The City of Anaheim will bill for these costs on a regular basis. 8. That no parking shall be permitted along the street frontages of this property. The applicant shall install "no parking any time signs" along Weir Canyon Road (Yorba Linda Boulevard), La Palma Avenue and Jenifer Drive. 9. That the developer shall submit a pedestrian circulation plan within this project to the Traffic and Transportation Manager for review and approval. 10. That the property owner/developer shall install water back flow equipment above ground and outside the street setback area in such a manner as to fully screen said equipment from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans approved by the Water Engineering Division and the Cross Connection Inspector. 11. That the developer/owner shall provide a detailed water usage analysis and building plans for Water Engineering Division review and approval to determine the adequacy of the existing water system to meet the project's water requirements. Any system improvements shall comply with Rule No. 15A.6 of the Water Utility's -6- Rules, Rates and Regulations. 12. That the developer/owner shall submit a set of improvement plans to the Water Engineering Division for review and approval to determine the conditions necessary for providing water service to the project. 13. That since this project has landscaping area exceeding two thousand five hundred (2,500) sq.ft., a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code and Ordinance No. 5349. 14. That trash storage areas shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be located away from residences and shall be designed and screened so as not to be readily identifiable from the adjacent residences, streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers and/or tall shrubbery. Each lot shall be required to have one (1) double trash enclosure. Said information shall be specifically shown on the plans submitted for building permits. 15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 16. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 17. That the developer shall submit a final lighting plan, specifying the the location and illumination of exterior light fixtures to the Zoning Division of the Planning Department for Planning Commission review as a "Reports and Recommendations" item. Said lighting fixtures shall be down lighted with a maximum height of twelve (12) feet; provided, however, that the maximum height of any fixtures, including lighting fixtures on buildings, adjacent to the west and northwest property lines where the subject property abuts residential zoning shall not exceed ten (10) feet. All lighting shall be directed away from adjacent residential property lines to protect the residential integrity of the area and said limitation shall be specified on the plans submitted for building permits. 18. That the developer/owner shall install street lights along the La Palma Avenue and Weir Canyon Road (Yorba Linda Boulevard) -7- street frontages; 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 installation of the above-required improvements prior to occupancy of the first building. 19. That prior to occupancy of each building, the legal owner of the subject property shall provide the Electrical Engineering Division of the Public Works Department with a public utilities easement along/across the parcels as determined when the design is completed. 20. That all air conditioning facilities and other ground- mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 21. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty four (24) hours of its application. _., 22. 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. 23. That three (3) foot high street address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent properties. 24. That the petitioner shall be responsible for compliance with all mitigation measures included in the attached Mitigation Monitoring Plan No. 107 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code within the assigned time frames and any direct cost associated with their implementation, including the two mitigation measures added to the Traffic Section of Mitigation Monitoring Program No. 107 at the Planning Commission public hearing: That the design and installation of 'the proposed traffic signal shall include provisions for westbound traffic to make a U-turn at this intersection and that the westerly driveway shall be designed for ingress only. 25. That lighting of any signage for subject property shall be prohibited between the hours of midnight and 6:30 a.m. and as specified by Zoning Code Section 18.05.091.052, unless a variance is applied for and granted. 26. That signage for subject facility shall be limited to that -8- __ which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission, including a maximum of two (2) freestanding commercial identification signs. Any additional signage shall be subject to approval by the Planning Commission as a ~~Reports and Recommendations" item. 27. That no outdoor storage or display shall be permitted on the subject property. 28. That prior to installation of any roof-mounted equipment on Building Nos. 3 and 4, the south portion only of Building No. 5, and Building Nos. 6, 7, 8, 9, 10, 11, 12, 13 and 17 (roof-mounted equipment shall not be permitted on any of the other buildings), the developer shall demonstrate to Zoning Division staff, by the use of actual sized props or mock-ups placed on the buildings, that no roof-mounted equipment will be visible to adjacent rights-of-way or residences. If staff determines that any roof-mounted equipment will be visible to the adjacent rights-of-way and/or residences, such equipment shall be ground-mounted and screened from view. Plans submitted for building permits shall specify the locations for both roof-mounted and ground-mounted equipment for these buildings until the actual location of the equipment is determined prior to final building and zoning inspections. 29. That any use requiring an H-occupancy or a disclosure form to be filed with the Anaheim Fire Department for Hazardous Materials shall be required to obtain a separate conditional use permit, and that the proposed industrial uses shall be limited to the following listed uses and that an unsubordinated covenant, reviewed and approved by the City Attorney's Office so-limiting said uses, shall be recorded in the Office of the Orange County Recorder, a copy of which shall be submitted to the Zoning Division: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Laboratories, experimental or research Pharmaceuticals Publishing books, periodical newspapers Scientific equipment assembly Communication equipment, components or supplies Drafting instruments or goods Electrical or electronic equipment, components or products Research, development and testing laboratories and facilities Scientific, optical, medical, dental or photographic equipment, components and products Sound equipment, components or supplies Any similar uses as expressly approved by the City. Any uses permitted in the CO (Commercial Office and Professional) Zone. -9- _, 30. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 98-99-10, now pending. 31. That the restaurant operator shall submit final plans and a specific letter of operation for Planning Commission review and approval during a noticed public hearing prior to any sales of alcoholic beverages within the restaurant facility. The restaurant pad shall be limited to a table-service type facility (no fast-food or drive-through services permitted) and shall have a minimum five thousand (5,000) sq.ft. of floor area not including any outdoor dining area. 32. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width for water service mains and/or an easement for large meters or fire lines. 33. That water improvement plans shall be submitted to the Water Engineering Division for review and approval, and a performance bond in the amount approved by the City Engineer and form approved by the City Attorney shall be posted with the City of Anaheim to guarantee installation of said improvements. u 34. That the developer/property owner shall relocate the existing twelve inch (12") water main if the cover depth exceeds thirty six inches (36") and shall provide a twenty foot (20') easement for this main. 35. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water back flow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Such plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City department(s). 36. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be fully screened by architectural devices and/or appropriate building materials; and that such information shall be specifically shown on the plans submitted for building permits. No roll-up doors shall face the public rights-of-way or the single-family residential neighborhood. 37. That a final landscape plan for the entire site shall be submitted to the Zoning Division of the Planning Department specifying type, size (minimum twenty four (24) inch box trees) and location of proposed landscaping and irrigation for review and approval by the Planning Commission as a "Reports and Recommendations" item. Plans shall specify minimum one (1) gallon - 10- sized vines planted on maximum three (3) foot centers adjacent to all masonry walls and ground-mounted equipment screening throughout the development. Plans shall further specify a six (6) foot high wrought iron fence centered in the landscaped setback for the length of, and adjacent to, Jenifer Drive. Once approved, the landscaping shall be installed in accordance with the plan and professionally maintained. 38. That prior to the issuance of a building permit, the developer shall submit a plan to the City Traffic and Transportation Manager showing the redesign of the median island along La Palma Avenue at Jenifer Drive. Prior to final building and zoning inspection modifications to the median, (both hardscape and landscape) shall be completed as shown on said plan, and all repair, (both hardscape and landscape) of the median along the La Palma Avenue frontage shall be completed. 39. That the office/light industrial complex hours of operations shall be limited to 6 a.m. to 10 p.m. daily, with no outdoor maintenance or other noise-generating operations or activities permitted between 8:00 p.m. and 7:00 a.m. 40. That prior to the issuance of a grading permit, the developer shall submit a copy of a precise grading plan to the Zoning Division of the Planning Department indicating compliance of the finished floor elevation for each building with the finished floor elevations shown on Revision No. 1 of Exhibit No. 38. Any increase in finished floor elevations greater than nine inches (9") shall require Planning Commission review and approval as a Public Hearing item. In addition, any increase in finished floor elevations greater than six inches (6") for buildings 14, 15 or 16 shall be offset by a commensurate reduction in building height as approved by the Planning Department (or Planning Commission for height increases greater than nine inches [9"]). 41. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1, 2, 14, 15, 16, 17, 18, 28, 29, 30, 31, 31, 32, 34, 35 and 38; Exhibit Nos. 3 through 13; Exhibit Nos. 19 through 27; and Exhibit Nos. 36, 37, 39 and 40: and as conditioned herein. 42. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 6, 9, 10, 11, 12, 14, 15, 16, 17, 18, 20, 29, 30, 32, 33, 34, 35, 36, 37, 38 and 40, 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. -11- _. 43. Prior to building and zoning inspections, Condition Nos. 4, 8, 13, 19, 23, 24, 38 and 41, above-mentioned, shall be completed. 44. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of June, 1999. MAY R OF TH CITY OF NAHEIM ATTEST: rt~c'v~ dc-- CITY CLERK OF THE CITY OF ANAHEIM 31420.1 -12- 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. 99R-129 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of June, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken ,Daly NOES: MAYOR/COUNCIL MEMBERS: stone ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-129 on the 15th day of June, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of June, 1999. ~',,,,~ It ~~~ ~_ 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. 99R-129 was duly passed and adopted by the City Council of the City of Anaheim on June 15th, 1999. /6' `- CITY CLERK OF THE CITY OF ANAHEIM