91-061 RESOLUTION NO. 91R- 61
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3356 AND
AMENDING RESOLUTION NO. 91R-19, NUNC
PRO TUNC.
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 two 13-story, 200-foot high office towers (289,000 sq.ft.
each); one 3-story, 134-room all-suite (including full kitchens)
hotel with on-sale alcohol in an enclosed hotel restaurant; one
10,000 sq.ft. restaurant with a cocktail lounge; and 6,000 sq.ft.
of specialty service/retail uses including fast food; in
conjunction with one 7-level parking structure upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF FRACTIONAL SECTION 24
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 51 PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE
SOUTHERLY LINE OF THE LAND DESCRIBED IN THE
DEED TO THE SANTA FE RAILROAD COMPANY (FORMERLY
THE CALIFORNIA CENTRAL RAILWAY COMPANY)
RECORDED MAY 4, 1962 IN BOOK 6098 PAGE 393, OF
OFFICIAL RECORDS.
THAT PORTION OF LOT 5 IN TRACT NO. 71, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
LYING NORTHERLY OF THE CENTERLINE OF KATELLA AVENUE, AS
DESCRIBED IN THE DECREE OF CONDEMNATION, RECORDED JULY 8,
1960 IN BOOK 5321, PAGE 397, OFFICIAL RECORDS.
EXCEPT THAT PORTION OF SAID LAND LYING EASTERLY OF THE
EAST LINE OF THE LAND DESCRIBED IN DEED TO MAURICE E.
BIVENS, ET UX., RECORDED JUNE 17, 1927 IN BOOK 62, PAGE
45 OF OFFICIAL RECORDS.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP
FILED IN BOOK 51, PAGE 38 OF RECORDS OF SURVEYS, IN THE
OFFICE OF SAID COUNTY RECORDER; 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
AM~D ~91R-19
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. PC90-276 granting Conditional
Use Permit No. 3356; 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.
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 18.06.080 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
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2. The granting of the variance(s) 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, for the reasons hereinabove stated,
Conditional Use Permit No. 3356 be, and the same is hereby, granted
permitting two 13-story, 200-foot high office towers (289,000
sq.ft. each); one 3-story, 134-room all-suite (including full
kitchens) hotel with on-sale alcohol in an enclosed hotel
restaurant; one 10,000 sq.ft. restaurant with a cocktail lounge;
and 6,000 sq.ft. of specialty service/retail uses including fast
food; in conjunction with one 7-level parking structure 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
18.06.050.022 spaces.
18.06.050.0231 (311 required for Phase I; 199
18.06.050.0233 proposed for PhDse I [sufficient
18.06.050.0241 parking proposed at build-out])
and 18.41.066.050
subject to the following conditions:
1. That this Conditional Use Permit is granted subject to
the adoption of a zoning ordinance in connection with
Reclassification No. 90-91-17, now pending.
2. That prior to the issuance of the first building permit
in Phase I (the hotel component), the legal owner of
subject property shall submit a letter requesting
termination of Conditional Use Permit No. 690 and
Variance No. 2765 to the Zoning Division of the Planning
Department.
3. That pursuant to Chapter 17.30 of Title 17 of the Anaheim
Municipal Code, prior to the 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 Anaheim in an amount as determined by the City
Council.
4. That prior to the issuance of each building permit, a
development fee for the Anaheim Stadium Business Center
shall be paid to the City of Anaheim in an amount in
accordance with Chapter 17.31 of Title 17 of the Anaheim
Municipal Code.
5. That an amount equal to one dollar and five cents ($1.05)
per gross square foot of building area, as adjusted in
accordance with the Engineering News Record-Construction
Cost Index for the Los Angeles Area, shall be paid to the
City of Anaheim prior to the issuance of each building
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permit, excluding the hotel and parking structure. prior
to the issuance of the first building permit, the legal
owner(s), shall execute and submit to the city a
statement acknowledging the validity of this condition
and that the condition is binding upon legal owner(s)
successors.
6. That prior to the issuance of each building permit, the
appropriate traffic signal assessment fee shall be paid
to the City of Anaheim in an amount as established by
City Council resolution.
7. That prior to the issuance of the first building permit
in Phase I (the hotel component), a coordinated sign
program for the project shall be reviewed and approved by
the Planning Commission as a Report and Recommendation
item.
8. That prior to the issuance of each building permit, final
design plans for the structure shall be submitted to and
approved by the Planning Commission as a Report and
Recommendation item.
9. That in the event subject property is to be divided for
the purpose of sale, ground lease or financing, a Parcel
or Tract Map to record the approved division of subject
property shall be submitted to and approved by the City
of Anaheim and then be recorded in the Office of the
Orange County Recorder.
10. That in the event a Parcel or Tract Map or Lot Line
Adjustment is recorded on subject property, an
unsubordinated reciprocal utility and drainage (including
access) easement between parcels, in a form satisfactory
to the City Attorney, shall be recorded with the Office
of the Orange County Recorder, to the extent required by
such approved division and by the City of Anaheim, prior
to the issuance of any building permit. A copy of the
recorded document shall then be submitted to the Zoning
Division of the Planning Department.
11. That in the event a Parcel or Tract Map or Lot Line
Adjustment is recorded on subject property, an
unsubordinated reciprocal access and parking agreement,
in a form satisfactory to the City Attorney, shall be
recorded with the Office of the Orange County Recorder
prior to the issuance of any building permit. A copy of
the recorded agreement shall then be submitted to the
Zoning Division of the Planning Department.
12. That the improvements identified below shall be completed
prior to final building and zoning inspections for the
first building in Phase I (the hotel component). Prior
to the issuance of the first building permit in Phase I,
plans shall be submitted to the subdivision Section of
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the Public Works/Engineering Department and security in
the form of a faithful performance bond, certificate of
deposit, letter of credit or cash, shall be posted with
the City of Anaheim in an amount and form approved by the
City of Anaheim to guarantee the satisfactory completion
of said improvements. The improvements are as follows:
a. Install a multi-phased traffic signal at the eastern-most
project entry on Katella Avenue. Include appropriate
signing and striping to the satisfaction of the City
Traffic Engineer.
b. Install a separate westbound right-turn only lane (twelve
[12] feet wide, two hundred [200] foot long storage plus
sixty [60] foot transition) at the eastern-most project
driveway on Katella Avenue for inbound project traffic
coming from the east on Katella Avenue.
13. That prior to the issuance of the first building permit
in Phase I, (the hotel component) plans shall be
submitted to the City Traffic Engineer for review and
approval showing the location of an on-site bus bay; and,
prior to final building and zoning inspections for the
first building in Phase I the bus bay shall be
constructed.
14. That the improvements identified below shall be completed
prior to final building and zoning inspections for the
first building in Phase II. Prior to the issuance of the
first building permit in Phase II, plans shall be
submitted to the Subdivision Section of the Public
Works/Engineering Department and security in the form of
a faithful performance bond, certificate of deposit,
letter of credit or cash, shall be posted with the City
of Anaheim in an amount and form approved by the City of
Anaheim to guarantee the satisfactory completion of said
improvements. The improvements are as follows:
a. Provide one (1) westbound right-turn only lane at the
northeast corner of Katella Avenue and State College
Boulevard consistent with City of Anaheim Critical
Intersection Standard Detail No. 138.
b. Provide at the southbound approach at the eastern-most
project driveway on Katella Avenue dual left-turn lanes
and a free right-turn lane.
c. Install a raised median island along Katella Avenue east
of the project entrance to the existing median and west
of the project entrance to the State College Boulevard
intersection. The median shall provide two hundred
twenty (220) feet of storage for left-turns into the
project entrance and shall be consistent with city of
Anaheim Critical Intersection Standard Detail No. 138 and
city of Anaheim Guidelines and Specifications for Median
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Island Landscape Development dated September 1988.
d. Provide a concrete bus pad per Orange County Transit
District Design Guidelines For Bus Facilities to the
satisfaction of the City Traffic Engineer west of the
western-most driveway on Katella Avenue.
15. That if the City of Anaheim is constructing or has
already constructed the State College/Katella Critical
Intersection, the developer shall, prior to issuance of
the first building permit for Phase II, make a cash
payment to the City of Anaheim to reimburse the City for
all costs associated with improvements identified in
Condition No. 14, above, involving said intersection.
16. That no access from State College Boulevard shall be
permitted for Phase II until all circulation improvements
conditioned herein for Phase II of the project on State
College Boulevard are completed.
17. That prior to the issuance of the first building permit
for Phase II, the developer shall provide three and two
tenths percent (3.2%) of the total cost of the Katella
Avenue/Haster Street intersection improvement as
determined by the City Engineer. Said contribution shall
be subjact to adjustment in accordance with the
Engineering News Record-Construction Cost Index for the
Los Angeles Area.
18. That prior to the issuance of the first building permit
for Phase III, the developer shall provide six and thirty
four hundredths percent (6.34%) of the total cost of the
I-5/Santa Ana Freeway northbound ramp/Katella Avenue
improvements and seven and fifteen hundredths percent
(7.15%) of the total cost of the Katella Avenue/Claudina
Way intersection improvements, both as determined by the
City Engineer. Said contribution shall be subject to
adjustment in accordance with the Engineering News
Record-Construction Cost Index for the Los Angeles Area.
19. That the signalized driveway of Katella Avenue shall be
constructed with twenty-five (25) foot radius curb
returns as required by the City Engineer in conformance
with Engineering Standards; and, all remaining driveways
shall be constructed with fifteen (15) foot radius curb
returns as required by the city Engineer in conformance
with Engineering Standards.
20. That prior to the issuance of any building permits, plans
shall be submitted to the City Traffic Engineer for his
review and approval showing conformance with the latest
revision of Engineering Standard Plan Nos. 436, 602 and
605 pertaining to parking standards. Subject property
shall thereupon be developed and maintained in
conformance with said plans.
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21. That prior to the issuance of any building permits, the
legal owner(s) of subject property shall execute and
record an unsubordinated covenant in a form approved by
the City Attorney wherein such owner(s) agree not to
contest certain vehicular turning movement restrictions
on State College Boulevard as a result of the future
railroad grade separation on State College Boulevard.
22. That prior to the issuance of any building permits, the
legal owner(s) of subject property shall execute and
record a covenant in a form approved by the City Attorney
wherein such owner(s) agree to submit a parking study to
the City Traffic Engineer, prepared ninety (90) days
after hotel opening and submitted within one hundred
twenty (120) days of hotel opening for approval. If it
is determined that additional parking spaces are needed,
such spaces shall be provided at a temporary lot located
west of the signalized Katella Avenue entrance driveway;
and at the completion of the Phase II parking structure,
the additional spaces shall be provided in said structure
via a reciprocal agreement between the owners.
23. That prior to the issuance of a building permit for the
first building in Phase I (the hotel component), a
parking plan indicating compliance with City parking lot
design standards shall be submitted to and approved by
the City Traffic Engineer.
24. That prior to the issuance of each building permit, a
plan shall be submitted to the City Traffic Engineer for
review and approval addressing how the required parking
and adequate access is to be maintained during
construction activities. The applicant shall maintain
adequate on-site parking availability to accommodate
parking demands imposed by site users in accordance with
parking requirements established by the City of Anaheim
in effect at the time building permits were issued for
those prior phases of the project. These parking
requirements shall only be required for those site
tenants who will occupy the project during the period of
construction.
25. That prior to the issuance of a building permit for any
portion of the parking structure design showing
compliance with the Public Works-Engineering Department's
Standard Plan Nos. 402 and/or 604 pertaining to standard
details for parking structures and ramp requirements
shall be submitted to and approved by the City Traffic
Engineer.
26. That prior to the issuance of a building permit for any
expansion of the parking structure, a plan shall be
provided to the city Traffic Engineer for his review and
approval addressing how the required parking and adequate
access is to be maintained during the expansion. The
applicant shall maintain adequate on-site parking
~ND 91R-19
availability to accommodate parking demands imposed by
site users in accordance with parking requirements
established by the city of Anaheim in effect at the time
building permits were issued for those prior phases of
the project. These parking requirements shall only be
required for those site tenants who will occupy the
project during the period of construction.
~-~ 27. That the parking structure shall incorporate
architectural detail compatible with that of the proposed
office towers/hotel and demonstrate compatibility of
materials. Final design plans for the parking structure
or any expansion thereof shall be submitted to and
approved by the Planning Commission prior to the issuance
of a building permit.
28. That the property owner shall provide regular maintenance
and sweeping of parking facilities.
~m~ 29. That prior to the issuance of the first building permit,
the owner shall execute and record a covenant in a form
approved by the City Attorney to the effect that the use
of the parking facilities to be provided for the project
shall be limited to tenants, employees and patrons of the
project; and that said parking facilities shall not be
made available for use by visitors and patrons of the
Anaheim Stadium or any arena which may be constructed
within the Anaheim Stadium Business Center without the
prior written agreement between the owner and the City of
Anaheim. Said covenant shall further provide that the
parking facilities shall be visibly posted indicating
that public parking is prohibited on days of scheduled
events at Anaheim Stadium and/or the arena.
30. That the Transportation Demand Management (TDM) Plan
shall comply with Regulation XV of the South Coast Air
~w Quality Management District; and, shall include, but not
be limited to, the following:
a. Provide an on-site, qualified rideshare coordinator when
more than two hundred fifty thousand (250,000) sq.ft. of
office tower has been constructed. However, in the event
that more than eighty percent (80%) of the employees are
served by employer-provided services of a rideshare
coordinator or rideshare coordinator services, an on-site
coordinator shall not be required. Alternate methods of
providing such services, such as a shared coordinator
with adjacent projects, may be used with the approval of
the city Traffic Engineer.
b. Encourage van pooling by maintenance of a minimum
vertical clearance in the parking structure of seven feet
two inches (7'2") in all of the aisles and eighty percent
(80%) of the parking spaces. Encourage employers to
subsidize vanpools.
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m~{D 9 DI- 19
c. Lease arrangements shall provide incentives for employees
to rideshare including preferential parking, subsidize
required paid parking and provide each new employee with
information on rideshare, van pool, public transportation
and alternate transportation opportunities.
d. Encourage use of public transit by providing walkways to
access bus shelters and distribution of public transit
schedules. Encourage tenants to subsidize the cost of
employee's public transportation costs as an alternate to
subsidized parking.
31. That the developer shall construct the on-site sewer
system identified as Alternative A in the Contract
Engineering Corporation Sewer Study dated June 19, 1990,
which is included in the Technical Appendices to Final
EIR No. 304 - Central Park Towers, dated November 1990.
32. That prior to the issuance of each building permit, the
owner shall pay sewer connection fees as required by the
Orange County Sanitation District.
33. That all grading and earthwork (other than grading for
landscape purposes) shall be performed under the
observation of a registered soils engineer in order to
achieve proper subgrade preparation, selection of
satisfactory materials and placement and compaction of
all structural fill.
34. That any existing on-site, "non-engineered" fills shall
be removed or recompacted. No abandoned subsurface
structural elements such as existing foundations and
utility lines shall remain on the site.
35. That the registered soils engineer shall be notified in
the event that subsurface conditions are exposed during
construction which are significantly different from those
described in the geological reports.
36. That, if required by the registered soils engineer or the
City Engineer, special site preparation or special
foundation work shall be completed to correct potential
differential compaction and expansive soil conditions.
37. That all structures shall be developed in accordance with
the Seismic Design provisions identified in Chapter 23,
Section 2312 of the Uniform Building Code.
38. That prior to issuance of the first building permit for
each phase, all grading plans, grading schedules and
procedures shall be approved by the Public
Works-Engineering Department.
39. That grading of subject property shall conform to Chapter
17.04 "Grading, Excavations, Fills and Water Courses" of
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the Anaheim Municipal Code.
40. That the developer shall comply with the following
measures to reduce short-term construction impacts:
a. Schedule construction and grading to avoid Santa Ana wind
conditions. No grading shall take place on-site when
wind velocity on-site exceeds fifteen (15) miles per
~'~ hour.
b. Regularly sprinkle exposed areas with water.
c. Pave the area proposed for parking as soon as possible.
d. Restrict construction during second-stage smog alerts.
e. Configure construction parking to minimize traffic
interference.
w~ 41. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
42. That prior to issuance of the first grading permit, the
drainage system shall be reviewed and approved by the
City Engineer; and, security in the form of a faithful
performance bond, certificate of deposit, letter of
credit or cash shall be posted with the city of Anaheim
in an amount and form approved by the City of Anaheim to
guarantee the satisfactory completion of said
improvements prior to the first final building and zoning
inspection in Phase I, or such other time as the City
Engineer may approve. The drainage system shall be
designed to accommodate a 100-year storm frequency. Any
connections to the Southeast-Anaheim Channel shall be
subject to review and approval by the Orange County Flood
Control District.
43. That prior to the issuance of each building permit, the
structure shall conform to Chapter 17.28, "Flood Hazard
Reduction" of the Anaheim Municipal Code or as otherwise
specified by the Chief Building Official.
44. That if any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended. In such an event, a recognized
specialist shall conduct a survey of the affected area.
Said survey shall be conducted at the property owners'
expense. All actions taken under this measure will be in
accordance with Appendix K of the State of California
~ Environmental Quality Act (CEQA) Guidelines.
45. That prior to the issuance of the first building permit,
the legal owner of subject property shall dedicate to the
City of Anaheim appropriate public utility easements as
required by the Utilities Department.
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46. That the project shall be served by underground
utilities.
47. That street lighting facilities along the project's
Katella Avenue and State College Boulevard frontages
shall be changed and/or modified to underground served
street lights as required by the Utilities General
Manager in accordance with specifications on file in the
Office of the Utilities General Manager; and that prior
to issuance of the first building permit, security in the
form of a faithful performance 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 bond shall provide
that security shall be collectable for that portion of
the improvements east of the project entry drive on
Katella Avenue upon the issuance of the first building
permit in Phase I (the hotel component); and, said bond
shall further provide that security shall be collectable
for the balance of the improvements upon the issuance of
the first building permit in Phase II or three (3) years
from Development Agreement Date, as defined in
Development Agreement NO. 90-02, whichever occurs first,
if said improvements are under construction and/or have
been previously constructed. If said improvements are
not under construction or have not been previously
constructed, the bond shall provide that security shall
be collectable concurrent with the widening of Katella
Avenue and State College Boulevard.
48. That the property owner shall, at no cost to the City of
Anaheim, provide underground conduit, substructures and
other related facilities and pay a fee for installation
of conductors, switches and related equipment to
underground the existing overhead utilities, including
any telephone and/or cable lines, etc. within the public
right-of-way on subject property including any
transitional off-site needs as determined by the
Utilities General Manager; and that security in the form
of a faithful performance 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 of Anaheim prior to the issuance of the first
building permit in Phase I (the hotel component) to
guarantee the satisfactory completion of the above-
mentioned improvements. Said bond shall provide that
security shall be collectable for that portion of the
improvements east of the project entry drive on Katella
Avenue upon the issuance of the first building permit in
Phase I (the hotel component); and, said bond shall
further provide that security shall be collectable for
the balance of the improvements upon the issuance of the
first building permit in Phase II or three (3) years from
the Development Agreement Date, as defined in Development
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~ND 911~- 19
Agreement No. 90-02, whichever occurs first, if said
improvements are under construction and/or have been
previously constructed. If said improvements are not
under construction or have not been previously
constructed, the bond shall provide that security shall
be collectable concurrent with the widening of Katella
Avenue and State College Boulevard.
49. That development plans shall show that all electrical
services and facilities shall be built in accordance with
the city of Anaheim Electric Rates, Rules and
Regulations.
50. That prior to the issuance of the first building permit,
the property owner shall provide engineering studies
including network analysis to size the water mains for
ultimate development within the project. A detailed
water usage analysis and building plans shall be
submitted to the Water Engineering Division of the
Utilities Department for review and approval.
51. That prior to the issuance of each building permit, the
appropriate fees due for primary water mains and fire
protection service shall be paid to the Water Engineering
Division of the Utilities Department in accordance with
Rules 15A and 20 of the Water Utility Rates, Rules and
Regulations.
52. That prior to the issuance of each building permit, Rule
15D of the Water Utility Rates, Rules and Regulations
shall be complied with; and, Stadium Area water
facilities fees and/or advances shall be paid to the
Water Engineering Division of the Utilities Department in
accordance with said Rule.
53. That the project shall incorporate the following
mitigation measures which reduce water use through
conservation:
a. Landscape irrigation systems should be controlled
automatically to ensure watering during early morning or
evening hours to reduce evaporation losses.
b. Drought-tolerant plants shall be incorporated into
project landscape plans wherever possible and
water-conserving irrigation systems (i.e., drip
irrigation) shall be utilized. Soil moisture sensors are
recommended in common area landscaping.
c. Plumbing fixtures to reduce water usage and loss should
be utilized (i.e., low volume toilet tanks, flow control
devices for faucets, etc.) in accordance with Title 24 of
the California Administrative Code. In addition, air
conditioning water consumption should be reduced through
the use of recycling.
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A~%~D 91R-19
54. That the on-site water system improvements including
secondary mains, fire hydrants, meters and backflow
prevention devices, if required, shall be installed at
the developer's expense and in conformance with plans and
specifications approved by the General Manager, Public
Utilities Department, City of Anaheim, or his designated
representative.
55. That prior to the issuance of each building permit,
landscaping and irrigation plans shall be submitted to
the City of Anaheim (Planning Department and Utilities
Department) for review and approval.
56. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
57. That the project shall comply with all High Rise
Standards of the City of Anaheim Fire Department.
58. That prior to commencement of structural framing, on-site
fire hydrants shall be installed and charged as required
and approved by the Fire Department. An all-weather road
shall be provided to the hydrants at all times, as
required by the Fire Department.
59. That fire sprinklers shall be installed as required by
the Fire Department, excluding open parking structures
built to Uniform Building Code Section 709 requirements.
60. That an adequate, unobstructed fire truck turn-around
area, as required and approved by the Fire Department,
shall be specifically shown on plans submitted for
building permits. Said turn-around area shall be
permanently marked and maintained to the satisfaction of
said Department.
61. That prior to the issuance of each building permit, the
building plans shall be reviewed and approved by the
Anaheim Police and Fire Departments for security, safety,
accessibility, lighting and crime prevention details.
62. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and
Sanitation Division of the Maintenance Department in
accordance with approved plans on file with said
Division. Such information shall be specifically shown
on the plans submitted for building permits.
63. That prior to issuance of the first building permit,
plans showing access to and construction of trash
enclosures shall be submitted to the Maintenance
Department for review and approval.
64. That prior to issuance of the first building permit for
each phase, a solid waste management plan with recycling
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~4END 91R-19
capabilities shall be approved by the Street Maintenance
and Sanitation Division of the Maintenance Department.
Upon occupancy of the first structure, said plan shall
commence and shall remain in full effect as required by
said Division.
65. That the owner or subsequent lessees shall comply with
those source reduction and recycling requirements as may
be adopted by the City of Anaheim in accordance with
Assembly Bill 939.
66. That the owner shall comply with all adopted City
regulations such as drop-off bins, recycling programs and
other means of reducing the amount of waste requiring
disposal, both during construction and when the project
is in operation.
67. That prior to the issuance of a demolition permit for the
existing Community Bank building (including parking and
Community Circle), truck hauling routes to remove debris
from said demolition shall be specified by the City
Traffic Engineer.
68. That all air conditioning facilities and other roof and
ground-mounted equipment shall be properly shielded from
view. Such information shall be specifically shown on
the plans submitted for building permits.
69. 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; and, further, that such information
shall be specifically shown on the plans submitted for
building permits.
70. That prior to the issuance of each building permit, the
developer shall submit site plan(s) to the Police
Department for its review and approval. The developer
shall incorporate into the project design those
defensible space concepts and strategies as deemed
appropriate by the Police Department.
71. That prior to the issuance of each building permit, the
owner shall consult with the Southern California Gas
Company to review energy conserving systems and design
features which are required for the project.
72. That the owner shall extend telephone service lines and
cable reinforcements or modifications in a manner
specified by the City of Anaheim and Pacific Bell.
73. That all structures shall comply with all applicable
requirements of Title 24 of the California Administrative
Code.
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A~ND 91R-19
74. That the hotel structure shall be acoustically attenuated
such that the resulting interior noise levels from
exterior sources not exceed forty five (45) dBA; and,
that the office structures shall be acoustically
attenuated such that the resulting interior noise levels
from exterior sources not exceed forty five (45) dBA for
private offices and conference rooms; fifty (50) dBA for
general office, reception and clerical areas; and fifty
five (55) dBA for lobbies, retail stores and restaurants.
75. Construction activities shall be limited to daylight
hours (i.e., 7:00 a.m. to 7:00 p.m.). During all phases
of construction, the operation of pile drivers shall be
excluded from the hours of 11:00 a.m. to 1:00 p.m. and
6:00 p.m. to 7:00 p.m. during weekdays. During Phases II
and III, operations shall also be excluded from 7:00 a.m.
to 9:00 a.m. Employees on-site shall be notified as to
the duration of construction activities prior to
commencement of said activities.
76. That prior to the issuance of each building permit,
lighting plans shall be submitted to the Planning
Department for review and approval.
77. That to minimize light and glare, the structures should
utilize non-reflective or low-reflective types of glazing
and glass.
78. That the legal owner(s) of subject property shall be held
responsible for complying with the mitigation monitoring
program established by the City of Anaheim in compliance
with Section 21081.6 of the Public Resources Code.
79. That for any structure which has not been constructed or
any building permit for which the conditions of this
Conditional Use Permit have not been met, this
Conditional Use Permit as it relates to the hotel
component (Phase I) will expire one (1) year from the
date of approval; the remaining components will expire
the later of (i) one (1) year from the date of approval
or (ii) one hundred eighty (180) days from the expiration
or earlier termination of Development Agreement No. 90-02
provided that the termination is not due to a default of
the legal owner pursuant to the terms of the Development
Agreement, as determined by the City of Anaheim.
Extensions of time may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
80. 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 Exhibit Nos. 1
through 15.
- 15 -
Av~qD 91R-15
81. That prior to issuance of a building permit, Condition
Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17,
18, 20, 21, 22, 23, 24, 25, 26, 27, 29, 32, 38, 43, 45,
47, 48, 50, 51, 52, 55, 60, 61, 62, 63, 64, 68, 69, 70,
71 and 76, 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.
82. That prior to final building and zoning inspections,
Condition Nos. 12, 14, 19 and 42 above-mentioned, shall
be complied with.
83. 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 provided such judgment is the result of a legal
action filed within the applicable challenge period set forth by
local ordinance.
BE IT FURTHER RESOLVED THAT this resolution hereby amends
and supersedes Resolution No. 91R-19, nunc pro tunc, due to
clerical errors contained in such former resolution.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 5th day of March ,
1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34A91R-19.113
021391
- 16 -
DJvi%/q O $91R-19
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. 91R-61 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 5th day of
March, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-61 on the 6th day of March, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal. of the
City of Anaheim this 6th day of March, 1991.
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. 91R-61, duly passed and adopted
by the City Council of the City of Anaheim on March 5, 1991.
CITY CLERK OF T~E CITY OF ANAHE~iM ~