1985-537RESOLUTION NO. 85R-537
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2713.
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 STATE COLLEGE PARTNERS, c/o DUNN PROPERTIES, 28 Brookhollow
Drive, Santa Ana, California 92702, and BILL SINGER AND
ASSOCIATES, 5100 Birch Street, Newport Beach, California 92660,
agent for certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
PARCEL l:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTIOLd 26, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID
FRACTIONAL SECTION, AS SAID EAST QUARTER CORNER IS
SHOWN ON THE MAP FILED IN BOOK 43 PAGE 37 OF RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE NORTH 0° 08' 00" WEST ALONG THE CENTER
LINE OF PLACENTIA AVENUE AS SHOWN ON SAID FILED MAP,
335.76 FEET; THENCE SOUTH 89° 59' 35" west 631.98 FEET
TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE
QUITCLAIM DEED TO FALSTAFF BREWING CORPORATION
RECORDED JUNE 20, 1961 IN BOOK 5759 PAGE 921 OF
OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE SOUTH
0° 41' 11" EAST ALONG SAID EASTERLY LINE, 335.65 FEET
TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE
SOUTH 89° 59' 41" EAST ALONG SAID SOUTH LINE, 628.74
FEET TO THE POINT OF BEGINNING.
EXCEPT THE SOUTHERLY 200.00 FEET OF THE EASTERLY
203.00 FEET THEREOF.
ALSO EXCEPTING ALL RIGHT, TITLE AND INTEREST IN AND TO
~._ THAT PORTION OF SAID LAND SITUATED MORE THAN 500 FEET
BELOW THE SURFACE THEREOF, SPECIFICALLY INCLUDING THE
RIGHT TO EXPLORE, DRILL FOR, PRODUCE, EXTRACT, TREAT,
REMOVE AND MARKET OIL, GAS AND OTHER MINERALS
THEREFROM, BUT WITHOUT ANY RIGHT TO ENTER UPON OR
UTILIZE THE SURFACE OF SAID LAND OR ANY PART THEREOF
ABOVE THE DEPTH OF 500 FEET BELOW THE SURFACE, AS
RESERVED BY GULF OIL CORPORATION IN A DEED RECORDED
JUNE 12, 1967 IN BOOK 8276 PAGE 185 OF OFFICIAL
RECORDS.
PARCEL 2:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS
PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
THE SOUTHERLY 200 FEET OF THE EASTERLY 203 FEET OF THE
FOLLOWING:
BEGINNING AT THE EAST QUARTER CORNER OF SAID
FRACTIONAL SECTION, AS SAID EAST QUARTER CORNER IS
SHOWN ON THE MAP FILED IN BOOK 43 PAGE 37 OF RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE NORTH 0° 08' 00" WEST ALONG TFiE CENTER
LINE OF PLACENTIA AVENUE AS SHOWN ON SAID FILED MAP,
335.76 FEET; THENCE SOUTH 89° 59' 35" WEST 631.98 FEET
TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE
QUITCLAIM DEED TO FALSTAFF BREWING CORPORATION
RECORDED JUNE 20, 1961 IN BOOK 5759 PAGE 921 OF
OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE SOUTH
0° 41' 11" EAST ALONG SAID EASTERLY LINE, 335.65 FEET
TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE
SOUTH 89° 59' 41" EAST ALONG SAID SOUTH LINE, 628.74
FEET TO THE POINT OF BEGINNING.
SAID LAND IS SHOWN ON A MAP FILED IN BOOK 76 PAGE 10
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO.
123, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS DESCRIBED IN PARCELS 1 AND 2 OF SAID
LOT LINE ADJUSTMENT, RECORDED JANUARY 7, 1985 AS
DOCUMENT NO. 85-004456 OF OFFICIAL RECORDS OF SAID
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 givers 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. PC85-249 approving
Conditional Use Permit No. 2713; and
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WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoin-
ing land uses and the growth and development of the area in which
it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
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
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:
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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 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. 2713 be,
and the same is hereby, granted permitting a 10-story and
12-story commercial office complex on the hereinabove described
real property with a waiver of the following provisions of the
Anaheim Municipal Code:
SECTIONS 18.06.050.0212 - Minimum number of parking
18.06.080 spaces. (1,844 spaces re-
AND 18.41.066.050 - quired; 1,755 spaces pro-
posed)
SECTION 18.41.062.011 - Maximum structural height.
(133 an d 135 feet permitted
within 300 feet of single-
family residential zoning;
154 fee t 6 inches and 181
feet 6 inches proposed 266
and 270 feet from single-
family residential zoning to
the sou th)
SECTION 18.41.063.030 - Minimum landscaped setback.
(10 feet required adjacent to
the west property line; none
proposed)
subject to the following conditions:
1. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
2. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the
City of Anaheim in an amount as determined by the City Council for
new commercial buildings.
3. That the existing curb, gutters and sidewalk shall be
removed and reconstructed to provide a right turn lane on State
College Boulevard and bus bay on Orangewood Avenue, including
preparation of improvement plans and installation of all
improvements such as curbs and gutters, sidewalks, water
facilities, street grading and pavement, sewer and drainage
facilities, or other appurtenant work shall be complied with as
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required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer; and
that security in the form of a bond, certificate of deposit,
letter of credit, or cash, in an amount and form satisfactory to
the City of Anaheim, shall be posted with the City to guarantee
the satisfactory completion of said improvements. Said security
shall be posted with the City prior to issuance of building
permits, to guarantee the installation of the above-required
improvements prior to occupancy.
4~. That a solid median (except for one (1) opening
providing left turn access from State College Boulevard) extending
from Orangewood Avenue northerly to a point south of the Atchison,
Topeka and Santa Fe Railway shall be installed to the satisfaction
of the City Traffic Engineer; and that security in the form of a
bond, certificate of deposit, letter of credit, or cash, in an
amount and form satisfactory to the City of Anaheim, shall be
posted with the City to guarantee the satisfactory completion of
said improvements. Said security shall be posted with the City
prior to issuance of building permits, to guarantee the
installation of the above-required improvements prior to occupancy.
5. That dual left turn lanes southbound on State College
Boulevard shall be installed to the satisfaction of the City
Traffic Engineer; and that security in the form of a bond,
certificate of deposit, letter of credit, or cash in an amount and
form satisfactory to the City of Anaheim, shall be posted with the
City to guarantee the construction of said lanes. Said security
shall be posted with the City prior to issuance of building
permits to guarantee the construction of said lanes prior to
occupancy.
6. That street lights along State College Boulevard and
Orangewood Avenue shall be removed and reinstalled 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. Said
security shall be posted with the City of Anaheim prior to
issuance of building permits. The above-required improvements
shall be installed prior to occupancy.
7. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer and shall consist of
construction of a storm drain in Orangewood Avenue from State
College Boulevard to the O. C. F. C. D. Southeast Anaheim
Facility, or another alternative acceptable to the City Engineer;
and that security in the form of a bond, certificate of deposit,
letter of credit, or cash in an amount and form satisfactory to
the City of Anaheim, shall be posted with the City to guarantee
the satisfactory completion of said improvements. Said security
shall be posted with the City prior to issuance of building
permits to guarantee the installation of the above-required
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improvements prior to occupancy. A drainage reimbursement
agreement shall be available to the developer, upon request to the
City Engineer.
8. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along State College
Boulevard and Orangewood Avenue in an amount as determined by the
City Council.
9. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department.
10. That fire sprinklers shall be installed as required by
the City Fire Marshal.
11. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
12. That subject property shall be served by underground
utilities.
13. That all driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
14. That the developer shall relocate existing traffic
signals at Orangewood Avenue and State College Boulevard and
modify for full eight (8) phase operation as approved by the City
Traffic Engineer prior to occupancy and that a reimbursement
agreement shall be made available to the developer at the
developer's request.
15. That prior to issuance of a building permit, the
owner(s) of subject property shall execute and record a covenant
in a form approved by the City Attorney agreeing that if, within
three (3) years following occupancy of the office buildings, the
City conducts a traffic study which indicates that the off-street
parking is inadequate for the office buildings, said owner shall
construct a parking structure on the subject property or shall
otherwise provide additional off-street parking in a number (not
to exceed 89 additional spaces for a total of 1,844 spaces) and
manner satisfactory to the City Engineer. Compliance with the
terms of the aforesaid covenant is an express and continuing
condition of this permit. Additionally, prior to issuance of a
._.. building permit, said owner(s) shall post a faithful performance
bond with the City or submit a letter of credit or other guarantee
acceptable to the City in an amount as required by the City
Engineer to guarantee installation of said additional parking,
which amount shall be deemed liquidated damages payable to the
City in the event that any such required parking is not
constructed in a timely manner.
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16. That prior to issuance of a building permit the ultimate
driveway location on State College Boulevard shall be reviewed and
approved by the City Traffic Engineer.
17. That prior to issuance of a building permit, the
applicant shall submit written evidence to the City showing that a
Letter of Map Amendment has been obtained from the Federal
Emergency Management Agency, unless the City Flood Hazard
Reduction Ordinance (No. 4236) is to be satisfied.
18. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402-A pertaining to standard
details for parking structures and ramp requirements.
19. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view.
20. That the proposal shall comply with all signing
requirements of the CO Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
21. That this Conditional Use Permit is granted subject to
the adoption of the Zoning Ordinance in connection with
Reclassification No. 85-86-02, now pending.
22. That prior to the issuance of a building permit for the
Phase 2 and Phase 3 office buildings, final design plans shall be
submitted to the Planning Department for review and approval by
the Planning Commission.
23. That prior to the issuance of any building permits for
Phase 2 or 3 buildings, a fee equal to X2.10 per square foot of
building gross floor area or such other greater amount as
hereinafter is established by ordinance and applicable to the
property shall be paid to the City of Anaheim, to be collected by
the Chief Building Official, and shall be adjusted annually per
the Construction Cost Index for Construction Costs in the Los
Angeles Area published in the Engineering News-Record Construction
Cost Index.
24. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim of Anaheim marked Exhibit Nos. 1 and 2; provided,
however, that a six (6) foot high masonry block wall should be
constructed and maintained along the north property line.
25. That prior to issuance of a building permit, or within a
period of two (2) years from the date of this resolution,
whichever occurs first, Condition Nos. 1 through 8, 15, 17, 18,
21, 22 and 23, 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.
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26. That prior to final building and zoning inspections,
Condition Nos. 3 through 7, 10, 11, 12, 13, 14, 19 and 24,
above-mentioned, shall be complied with.
27. That prior to the commencement of the activity
authorized under this resolution, or prior to the time that a
building permit is issued, or within a period of ninety (90) days
from the date of this resolution, whichever occurs first, the
owner(s) of subject property shall execute and record a covenant
in a form approved by the City Attorney's Office wherein such
owner(s) agree not to contest the formation of any assessment
district(s) which may hereafter be formed pursuant to the
provisions of Development Agreement No. 83-01 between the City of
Anaheim and Anaheim Stadium Associates, which district(s) could
include such owner's property. Failure to comply with this
condition within the specified time shall render this Conditional
Use Permit null and void.
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 17th day of December,
1985 .
e
R OF THE IT OF ANAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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012786
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-537 was introduced and adopted at a regular ~''~
meeting provided by law, of the City Council of the City of Anaheim held on
the 17th day of December , by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-537 on the 17th day of December, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 17th day of December, 1985.
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. 85R-537 duly passed and
adopted by the .Anaheim City Council on December 17, 1985.
~'
CITY CLERK