91-019 RESOLUTION NO. 91R-19
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3356.
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 hotel (including full
kitchens); 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 L~ND 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
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
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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 hotel (including full
kitchens); 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 Phase 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 permit, excluding the
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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 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
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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
Island Landscape Development dated September 1988.
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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 subject 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.
21. That prior to the issuance of any building permits, the legal
owner(s) of subject property shall execute and record an
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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
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 availability to accommodate
parking demands imposed by site users in accordance with
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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.
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 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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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 the
Anaheim Municipal Code.
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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.
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
Agreement No. 90-02, whichever occurs first, if said
improvements are under construction and/or have been
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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.
54. That the on-site water system improvements including secondary
mains, fire hydrants, meters and backflow prevention devices,
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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
capabilities shall be approved by the Street Maintenance and
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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.
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
CUP #3356
14 -
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.
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
CUP ~3356
- 15
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 15th day of January, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
R34C3356.113
011891
CUP ~3356
- 16 -
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-19 was introduced and adopted at a regular
meeting provided by law, of the Anaheim city Council held on the 15th day of
January, 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-19 on the 30th day of January, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 30th day of January, 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-19, duly passed and adopted
by the City Council of the City of Anaheim on January 15, 1991.
CITY CLERK OF THE CITY OF ANAHEIM