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RES-1989-059RESOLUTION NO. 89R-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING SPECIFIC PLAN NO. 88-3. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a specific plan pursuant to Chapter 18.93 of the Anaheim Municipal Code from SANTA FE LAND IMPROVEMENT COMPANY, 3230 E. Imperial Highway, Suite 100, Brea, CA 92621, owner, and PHILLIPS BRANDT REDDICK, 18012 Sky Park Circle, Irvine, CA 92714, agent, for approval of recertification of Environmental Impact Report No. 280 adoption of a Statement of Overriding Considerations and adoption of a Specific Plan including Zoning and Development Standards for the proposed Santa Fe Pacific Plaza to provide for a mixed use development of approximately 500,000 square feet of industrially-related office space, 24,000 square feet of industrially-related commercial uses, an 8,000 square foot freestanding restaurant, a 4,000-square foot fast food restaurant, a 150-room hotel and two parking structures upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 2 IN SECTION 5, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, MARCH 23, 1875, LYING EASTERLY OF THE EASTERLY LINE OF THAT CERTAIN STRIP OF LAND 100.00 FEET WIDE, DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY COMPANY, RECORDED JULY 11, 1887 IN BOOK 253, PAGE 168 OF DEEDS, IN LOS ANGELES COUNTY, CALIFORNIA. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, NORTH 87 DEGREES 42 MINUTES 22 SECONDS EAST 46.70 FEET; THENCE NORTH 17 DEGREES 38 MINUTES 14 SECONDS EAST 386.15 FEET; THENCE NORTH 17 DEGREES 38 MINUTES 14 SECONDS EAST 396.15 FEET; THENCE NORTH 17 DEGREES 00 MINUTES 53 SECONDS EAST 191.38 FEET; THENCE NORTH 6 DEGREES 59 MINUTES 00 SECONDS EAST 101.60 FEET TO A LINE PARALLEL WITH AND WESTERLY 40.00 FEET FROM THE EAST LINE OF SAID LOT; THENCE SOUTH 87 DEGREES 44 MINUTES 03 SECONDS EAST 40.00 FEET TO SAID EAST LINE; THENCE ALONG SAID EAST LINE SOUTH 2 DEGREES 15 MINUTES 57 SECONDS WEST 682.71 FEET TO THE POINT OF BEGINNING. SPEC PLAN 88-3 WHEREAS, the City Planning Commission did hold a public hearing upon said application, notices of which public hearing were duly given as required by law; 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. PC89-21 recommending the adoption of Specific Plan No. 88-3; and WHEREAS, thereafter, within the time prescribed by law, the City Council 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 did consider the same; and WHEREAS, the City Council does find, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The property covered by the specific plan has unique site characteristics including topography, location and surroundings which will be enhanced by the special land use and developments standards of the specific plan; 2. The plan is consistent with the goals and policies of the General Plan and with the purposes, standards and land use guidelines therein; 3. The specific plan will result in development of a desirable character which will be compatible with existing and proposed development in the surrounding area; · and The specific plan contributes to a balance of land uses; 5. The specific plan respects environmental and aesthetic resources consistent of economic realities. 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 specific plan, that all of the conditions set forth in Section 18.93.040 of the Anaheim Municipal Code are present. NOW, THEREFORE, BE IT RESOLVED,that after considering Environmental Impact Report No. 280 and its Addendum (collectively "EIR No. 280") for Specific Plan No. 88-3 and reviewing evidence, both written and oral, presented to supplement EIR No. 280, the City Council finds: -2- · EIR No. 280 and its Addendum is in compliance with the California Environmental Quality Act and State and City Guidelines; · That the benefits of the project have been weighed against the adverse environmental impacts and pursuant to Section 15093 of the State CEQA Guidelines, the occurrence of the significant environmental impacts identified in EIR No. 280 may be permitted without further mitigation due to the following overriding consideration: a) Even without the project, the intersections of Kraemer Boulevard/La Palma Avenue, Tustin Avenue/La Palma Avenue, Tustin Avenue/Miraloma Avenue, Tustin Avenue/Orangethorpe Avenue and La Palma Avenue/Lakeview Avenue, as well as the Tustin Avenue/westbound SR-91 Freeway ramp and the Tustin Avenue/eastbound SR-91 Freeway will operate at unacceptable levels of service. b) The majority of project-related traffic improvements that are required to mitigate the impacts of the project are included in the project Conditions of Approval. c) The majority of the remaining mitigation measures not included in the Conditions of Approval are included in the City's Capital Improvement Project budget and tentatively proposed to be funded by the redevelopment Agency as the majority of the measures are to solve areawide existing and pre-project adverse traffic conditions, thus resulting in adverse impacts that are only temporary in nature if the project commences prior to the installation of said improvements. d) e) The project will create additional permanent jobs and provide for economic growth in the City. The creation of permanent jobs will indirectly create an increased demand for goods and services within the City, thus providing other potential employment opportunities and contributing to overall economic growth and well-being within the City. Mitigation measures have been incorporated into the project to reduce the majority of environmental impacts to an acceptable level; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby certifies Environmental Impact Report No. No. 280 and its Addendum for the Santa Fe Land Improvement Company project and adopts the Statement of Overriding Considerations. BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that Specific Plan No. 88-3 entitled "Santa Fe Pacific Plaza Specific Plan" dated April 14, 1989, copies of which are on file in the Planning Department of the City of Anaheim, be, and the same is hereby, adopted, subject to the conditions hereinafter set forth. -3- SPEC PLAN 88-3 BE IT FURTHER RESOLVED that the approval of, and exercise of any rights under, the Specific Plan as herein adopted shall be subject to the following conditions: Traffic/Circulation i · 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 City Council resolution. · That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim along the project's frontage a strip of land along La Palma Avenue from Tustin Avenue to the railroad tracks as outlined in the environmental impact report prepared for the project. The property shall be used for bus stops, acceleration and deceleration lanes, and additional traffic lanes on La Palma Avenue. · That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim along the project's frontage a strip of land along Tustin Avenue from La Palma Avenue to the westbound SR-91 Freeway ramps as outlined in the enivronmental impact report prepared for the project. The property shall be used for bus stops, acceleration and deceleration lanes and additional traffic lanes on Tustin Avenue. · That prior to issuance of first building permit, to the satisfaction of the City Traffic Engineer, the developer shall make all improvements along the west side of Tustin Avenue from La Palma Avenue to the westbound SR-91 Freeway ramps, as outlined in the environmental impact report and all improvements along the south side of La Palma Avenue from the AT&SF Railroad to Tustin Avenue, as outlined in the Environmental Impact Report shall be constructed. Additionally, the intersection Design Standard Plan including all acceleration and deceleration lanes, additional traffic lanes, bus stops and two free right-turn lanes from eastbound La Palma Avenue to southbound Tustin Avenue. The east side of Tustin Avenue from the SR-91 Freeway westbound ramps northerly to a point 600 feet south of the La Palma southerly right-of-way shall be improved as outlined in the Environmental Impact Report. These improvements along the east side of Tustin Avenue shall be bonded for, prior to the issuance of the first building permit in Phase I and constructed when the remaining improvements along the east side of Tustin Avenue are completed, whichever occurs first. · That median islands shall be constructed on La Palma Avenue from Tustin Avenue to the A.T. [ S.F.R.R. and Tustin Avenue, from La Palma Avenue to the Route 91 Freeway on and off ramps, as determined to be necessary by 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 -4- satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to issuance of a building permit to guarantee installation of said improvements, prior to occupancy. · That a faithful performance bond in an amount approved by the City Engineer shall be posted with the City of Anaheim prior to issuance of a building permit to guarantee the removal of existing street improvements along La Palma Avenue and reconstruction/construction of full street improvements at the ultimate location when required by the City Engineer. · That ali engineering requirements of the City of Anaheim including preparation of improvement plans and installation of ail 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 required by the City Engineer and in accordance with specifications on £ile in the Office of the City Engineer; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to issuance of a building permit to guarantee installation of said improvements, prior to occupancy. · That prior to issuance of a building permit for the drive through restaurant, the drive through lane shall be reviewed and approved by the City Traffic Engineer. 10. That prior to each site plan reviewed by the Planning Commission, the City Traffic Engineer shall review and approve the parking lot/structure design. The number, dimension and design of all parking shall be in conformance with Title 18. As each phase develops, it shall be demonstrated to the City Traffic Engineer that each phase and each preceding phase is being provided with usable code required parking. 11. That prior to each site plan reviewed by the Planning Commission, the City Traffic Engineer shall review and approve the precise location and design of vehicular access points to that site. 12. That in the event a parcel map is recorded on subject property, a reciprocal access and parking agreement, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded agreement shall then be submitted to the Zoning Division. 13. That the proposed parking structure design shall conform to the Engineering Division's Standard Plan Nos. 402-B and 604 pertaining to standard details for parking structures and ramp requirements. -5- 14. That all driveways shall be constructed with minimum ten (10) foot radius curb returns as required by the City Engineer. IS. The developer shall comply with all SCAQMD rules and regulations regarding the project which include, but are not limited to the following: (a) Employer-provided incentives for ridesharing, preferential carpool parking, modified workhours such as "flex-time" and utilization of public transportation; (b) Bus turnouts and shelters as required by the City Traffic Engineer and the Orange County Transit District; (c) Participation in the City's Transportation System Management Program, once established. (d) Encourage the provision of bicycle amenities within the project. 16. That prior to issuance of the first building permit, the following traffic mitigation measures shall be implemented to the satisfaction of the City Traffic Engineer: a · At the intersection of Tustin Avenue and La Palma Avenue, provide a third southbound through lane on the north leg of Tustin Avenue by restriping the right-turn lane as a through/right lane. b · Tustin/La Palma Intersection. Provide a portion of a third through lane eastbound on La Palma by 'widening the south side of the west leg. C · At the intersection of Tustin Avenue and the 91 Freeway westbound ramps, provide a separate southbound right-turn lane by widening the existing pavement and restriping the north leg of Tustin Avenue. d · That the secondary access drive on La Palma Avenue shall be signalized. The owner/developer shall incur the cost of interconnection of the signal to the City's interconnect system, as well as the cost of construction of the signal itself. 17. That prior to issuance of the first building permit, the developer shall adopt a transportation demand management plan to the satisfaction of the City Traffic Engineer. 18. That prior to the issuance of the first building permit for Phase I, the developer and the City Traffic Engineer shall establish an agreed upon criteria upon which to base the need for an alternative access to the site from Tustin Avenue. Prior to the issuance of the first building permit for Phase II, a study, utilizing the agreed upon criteria, incorporating -6- issues of traffic safety, roadway capacity, circulation and interruption of non-project tra££ic, shall be conducted by the City at the developer's expense. The results of the study shall be binding upon the developer and the City. 19. That prior to issuance of the first building permit for Phase II, the following traffic mitigation measures shall be implemented to the satisfaction of the City Traffic Engineer: a · At the intersection of Tustin Avenue and the 91 Freeway westbound ramps, relocate existing ramp meters approximately 200 feet westerly to provide a storage length of 400 to 450 feet, and provide two full lanes between Tustin Avenue and the ramp meters. b · At the intersection of Tustin Avenue and the 91 Freeway eastbound ramps, relocate existing ramp meter approximately 200 feet easterly to provide a storage length of 600 feet to provide two full lanes between Tustin Avenue and the ramp meters and meter both lanes. 20. That prior to the issuance of the first building permit for Phase III, the developer shall install sign "bridges" across Tustin Avenue to direct traffic to the appropriate lane for turning movements, as described in the traffic analysis and approved by the City Traffic Engineer. Engineering 21. That sidewalks shall be installed on La Palma Avenue and Tustin Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 22. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 23. That a favorable flood hazard letter, acceptable to the City of Anaheim, shall be obtained from the Orange County Flood Control District. 24. That a parcel map to record the 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· 25. That prior to issuance of each building permit, the developer shall pay for any wastewater system improvements necessitated by the proposed project. Such payment could be subject to reimbursement by other developers benefiting from such improvements. Planning Related 26. That prior to issuance of the first building permit, a coordinated sign program shall be reviewed and approved by the Planning Commission. -7- 27. That prior to issuance of each building permit, or approval of each parcel map, whichever occurs first, a detailed and fully dimensioned site plan, floor plans, elevation plans and landscape plans shall be submitted to and approved by the Planning Commission to determine conformance with the approved Specific Plan and Environmental Impact Report. 28. That the land uses for subject Specific Plan area shall be limited to those identified in this Specific Plan. Water/Electrical Utilities 29. That if a 5-foot wide public utility easement is necessary adjacent to the right-of-way of La Palma Avenue and Tustin Avenue, it shall be included within the roadway easement as additional right-of-way. 50. That street lighting facilities along La Palma Avenue and Tustin Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or 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 a building permit. The above-required improvements shall be installed prior to occupancy and at the same time the street improvements are required. 31. That ail new construction shall be served by underground utilities. 32. That underground line extension differential fees shall be paid in conformance with the City of Anaheim Electrical Rules and Regulations. 33. That as required by the Electrical Engineering Division, the existing overhead power lines and poles along the La Palma Avenue frontage shall be relocated to conform to the proposed street improvements, or, at the developer's request, said lines will be placed underground at the developer's expense per the Electrical Codes, Rates and Regulations. 34. That prior to issuance of the first building permit, the appropriate fees due for primary mains and, fire protection service shall be paid to the Water Utility Division in accordance with Rules 1SA and 20 of the Water Utility Rates, Rules and Regulations. Fire/Police 35. That prior to commencement of any structural framing, fire hydrants shall be installed and charged as required and approved by the City Fire Department. -8- 36. That prior to each site plan reviewed by the Planning Commission, the City Fire, Police and Engineering Departments shall review and approve the site plan for securxty, safety, accessibility and crime prevention concerns. 57. That fire sprinklers shall be installed as required by the City Fire Department. Miscellaneous 58. That the property owner/developer shall be responsible for implementation of all applicable stipulations stated in the approved "Santa Fe Pacific Plaza Specific Plan" (Exhibit A). 59. That within thirty (50) days of the City Council's action, the property owner/developer shall provide the Planning Department with three (5) copies of an amended Specific Plan document reflective of the City Council's action. Opon review and approval of the amended document by the Planning Department, forty-two (42) copies of the final document shall be provided by the property owner/developer to the Planning Department. 40. That prior to each site plan reviewed by the Planning Commission, the City Street Maintenance and Sanitation Divisions shall review and approve the quantity and placement of trash storage areas. Trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. 41. That the on-site landscaping and irrigation facilities shall be maintained in compliance with City standards, and shall not be allowed to deteriorate to a state of disrepair. That approval of this application constitutes approval o£ the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City 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. 45. That in connection with each development phase, the developer shall be responsible for the following: (a) Diversion of off-site runoff away from the construction site; (b) Prompt revegetation o£ proposed landscape areas; (c) Perimeter sandbagging or temporary basins to trap sediment; and (d) Regular sprinkling o£ exposed soils during construction phases, paving areas proposed for parking and/or planting landscaping as soon as possible. -9- 44. That the developer and/or future tenants shall be responsible for the regular maintenance and sweeping of parking facilities to collect pollutants before they enter the drainage system. 45. That the developer shall incorporate ambient noise mitigating measures into the project such as: barriers, berms landscaping, structural design techniques or any combination thereof as needed. 46. That prior to the periods of construction activity, the developer shall implement the following measures to reduce the potential air quality impacts: scheduling construction and grading around the driest summer months, maintaining equipment engines in proper tune, phasing and scheduling construction activities to level emission peaks and discontinuing construction activities during second stage smog alerts. 47. That the developer should utilize drought-tolerant plant species and drip irrigation systems or control the landscape irrigation system to ensure watering during early morning or evening hours to reduce water usage. 48. That all plumbing fixtures to reduce water usage and loss shall be utilized in accordance with Title 24 of the California Administrative Code. Timing 49. That prior to each site plan reviewed by the Planning Commission, condition nos. 10, 11, 28, 36 and 40 shall be complied with. 50. That prior to issuance of the first building permit, condition nos. 2, 5, 4, S, 6, 7, 8, 12, 16, 17, 25, 26, 29 and 50 shall be complied with. 51. That prior to issuance of each building permit, condition nos. 1, 9, 10, 13, 22, 25, 32, 34 and 45 shall be complied with. 52. That prior to issuance of each building permit or approval of each parcel map, condition no. 27 shall be complied with. 55. That prior to issuance of the first building permit for Phase II, condition nos. 7, 8, 11, 12, 15, 14, 15, 17, 18 and 19 s--~all be complied with. 54. That prior to occupancy of the first building, condition nos. 6, 8, 15, Z1, 30 and 35 shall be complied with. 55. That prior to occupancy of each building, condition nos. 14, 51 and 57 shall be complied with. 56. That prior to the issuance of the first building permit for Phase III, conditions nos. 7, 8, 11, 12, 13, 14, 15, 17 and 20 shall be complied with. -10- 57. The developer shall be held responsible for complying with the future monitoring and reporting program established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Report No. 280 that have been incorporated as conditions of approval for subject project. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgement 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 28th day of February, 1989. ATTEST: JLa:db 2958L 062789 -11- SPEC PLAN 88-3 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. 89R-59 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of February, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood 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. 89R-59 on the 6th day of July, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of July, 1989. CITY CLERK OF THE CITY (SEAl,) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-59 duly passed and adopted by the Anaheim City Council on February 28, 1989.