Loading...
83R-047 RESOLUTION NO. 83R-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2400 WITH A WAIVER OF MINIMUM OFF-STREET PARKING REQUIREMENTS IN CONJUNCTION THEREWITH. WHEREAS, the City planning Commission of the City of Anaheim did receive an application for a conditional use permit from ANAHEIM STADIUM ASSOCIATES ("ASA"), a California general partnership, to permit the construction of four office buildings containing up to 2,118,480 square feet of gross floor area which include up to 108,640 square feet of gross floor area of accessory uses including outdoor restaurants and on-premises sale and consumption of alcoholic beverages, four parking garages containing up to 2,724,691 square feet of gross floor area with each parking garage additionally containing up to 10,864 square feet of gross floor area for accessory uses including outdoor restaurants and on-premises sale and consumption of alcoholic beverages, and associated site improvements with a waiver of the minimum number, design and type of off-street parking spaces, on certain real property owned by the City of Anaheim and leased by ASA, which is situated in the City of Anaheim, County of Orange, State of California, more particularly described in Exhibit A which is attached hereto and incorporated herein by this reference thereto: and WHEREAS, the City Planning Commission did hold a public hearing upon said application on January 24, 1983, in the Council Chambers of the Anaheim Civic Center in the City of Anaheim, notices of which public hearing were duly given as required by the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code: and WHEREAS, on January 24, 1983, 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. PC83-l7, granting Conditional Use Permit No. 2400 with a waiver of minimum off-street parking requirements; and -,,,..,.."'""""'- WHEREAS, within the time prescribed by law, the City Council, on its own motion, caused the review of said planning Commission action at a duly noticed public hearing on February 8, 1983, notices of which public hearing were given in the manner required by the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code: and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive reports and evidence, both oral and documentary: and WHEREAS, the City Council hereby finds, after careful consideration of all evidence and reports offered at said public hearing, as follows: 1. That the proposed uses are properly ones for which a conditional use permit is authorized by the Anaheim Municipal Code for the following reasons: a. The real property which is the subject of said conditional use permit application is owned by the City of Anaheim, is leased by ASA and is located in the Public Recreational ("PR") Zone of the City of Anaheim. b. Section 18.86.050 of the Anaheim Municipal Code provides that the City may, by conditional use permit, allow such buildings, structures and uses in the PR Zone as the City Council or Planning Commission, by resolution, determines are for the benefit of the health, safety and general welfare of the citizens of Anaheim provided a conditional use permit is obtained therefor subject to the conditions and required showings of Section 18.03.030 of the Anaheim Municipal Code. c. The City Council hereby determines that the proposed office, parking and related uses which are the subject matter of this conditional use permit application are for the benefit of the health, safety and general welfare of the citizens of Anaheim. d. Parking structures and parking lots which constitute a portion of the proposed office use are a permitted use in the PR Zone of the City of Anaheim pursuant to Section 18.86.020 of the Anaheim Municipal Code. 2. That the proposed uses will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located for the following reasons: a. The surrounding land uses are mainly urbanized with relatively few undeveloped parcels remaining in the area. b. EXisting land uses in the area include, among other uses, the Katella-Dunn Business Park, Woodbridge Professional office Center, restaurants, Bank of America branch office, Stadium Industrial Park, Talmage Boat and Trailer Storage, Hydro Scope Products, the Malibu Grand Prix, Orange County Sheriff's Officer Training Center, Joint Fire Training Center, Park Plaza Business Park, Anaheim Stadium, motels, residential developments, gasoline stations, industrial plants and warehouses. -2- c. Adjoining land uses are the Anaheim Stadium, Park Plaza Business Park and an industrial facility. d. The adjoining land uses are commercial recreational, public recreational and office-commercial which uses are compatible with the proposed project. e. Impacts to the residential areas south of the project site will be mitigated by the commercial land uses adjoining the project which provide a buffer between the project site and the residential areas. f. The proposed project will provide economic benefits to surrounding restaurants, financial institutions, service stations, retail facilities, and the Anaheim Stadium. 3. That the size and shape of the site proposed for the uses is adequate to allow the full development of the proposed uses in a manner not detrimental to the particular area nor the peace, health, safety and general welfare for the following reasons: a. The Orangewood Block contains approximately twenty (20) acres of land: additional land is available east and north of the Stadium for siting of parking garages needed to maintain the required Stadium parking supply. The site is basically rectangular in shape with the long side fronting Orangewood Avenue. b. The size and shape of the site are adequate to allow full development of the proposed use in a manner not detrimental to the particular area. Adequate area has been preserved for substantial landscaping buffers along Orangewood Avenue, the Orangewood-Stadium entry road and the Stadium parking lot. Within the Project itself open space has been clustered to provide a large plaza around which the four office buildings will be located. c. In addition to serving as a focal point for outdoor activities of office workers, the plaza is one of two major view corridors from Orangewood Avenue to the Stadium that have been maintained. The Project is set back from the Stadium far enough to keep shadows from falling across the playing field. d. The site not only provides adequate room for the primary uses - the office buildings and parking garages - but is also large enough to provide several large greenbelts that delineate the Project boundaries and to include a public plaza that will become an amenity for the entire Stadium area. e. The total floor area for the office and commercial uses will not exceed 2,162,000 square feet of gross floor area. -3- f. The project design will allow for construction and expansion of the Anaheim Amtrak station, construction of a rapid transit station, construction of a sports arena, and construction of parking structures for Stadium use in a southerly direction if warranted. g. The office towers will be visible from much of the surrounding are,a but will not be detrimental to the area due to the compatible nature of the adjoining land uses and the distance of the project from residential areas. h. The proposed office project will have a favorable impact on the adjacent Anaheim Stadium and the general welfare by providing a large number of possible patrons for Stadium events and support facilities such as restaurants in proximity to the Stadium. 1. The proposed project will not displace any existing use and will upgrade the quality of a currently underutilized site in a manner consistent with the General Plan. The project will establish a commercial office center of regional importance thereby helping the City to attract new business operations. 4. That 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 for the following reasons: a. Under current conditions, the addition of project-generated traffic would reduce service to an unacceptable level at six of the twenty-nine intersections that are impacted by the project. In order to mitigate this impact to an acceptable level, the project petitioner shall undertake the following measures which are set forth in greater detail on CUP Sheet Nos. 27-32: (i) To require implementation of a Transportation System Management ("TSM") program consistent with Chapter IX, Appendix A of the Draft EIR to reduce the overall number of vehicles driven to the Project site; and (ii) Improve roadway geometrics at six locations: (a) Orangewood Avenue between State College and the Santa Ana River bridge; (b) Orangewood Avenue bridge over the Santa Ana River; (c) Orangewood Avenue and Orange Freeway; (d) State College Boulevard between Ball Road and Cerritos Avenue; -4- (e) Chapman Avenue and The City Drive intersection: and (f) Chapman Avenue and state College Boulevard intersection. b. The addition of project-generated traffic in combination with an afternoon baseball game traffic creates three additional deficient intersections and in combination with a weekday evening football game created four additional deficient intersections. The mitigation measures listed above will improve but will not totally eliminate these deficient intersections. Weekday afternoon baseball and weekday evening football occur less than a half-dozen times each year: on the other Stadium event days (over 100 per year), the mitigation measures will actually improve traffic flow compared to current conditions. 5. That the granting of this 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 for the following reasons: a. The impact of the additional traffic volumes generated by the project will be offset by the traffic mitigation measures which the petitioner will undertake. Although Stadium traffic conditions will be somewhat worse at the approximately one-half dozen weekday afternoon baseball games and weekday evening football garnes, at the remaining one hundred plus Stadium events traffic flow will be improved as a result of the mitigation measures. b. The project is consistent with the Air Quality Management Plan for the South Coast Air Basin since the proposed site is a 20 acre parking lot (urban land use). The contribution of the project to the estimated air quality emissions of the 1987 Orange County emission inventory is less than one-half of one percent. c. The project will be constructed in conformance with all applicable building codes to ensure maximum protection against fire hazards. Fire protection features will include smoke detectors and automated sprinkler systems wherever required by the building code. Fire retardant building and landscaping materials will be used wherever possible. The City of Anaheim Fire Marshal will review future detailed plans prior to issuance of building permits with regard to building design and accessibility of emergency fire equipment. d. The central Anaheim police facility is located approximately five miles from the project site. Response to calls can be answered by an area police car within three minutes. The impact on police service is expected to be minor. Police services will be enhanced through review of the security system and circulation aspects of the project by the Police Department prior to final construction plan approval. provisions for adequate lighting along streets, parking structure and walkways will be made to the satisfaction of the Police Department. -5- e. increased t raff ic generated by the project wi 11 be mitigated by project design and revisions to traffic signalization and street improvements within the project area as hereinabove specified. f. The City of Anaheim Public Utilities Department has determined that current service systems are adequate to serve the project's water and electrical demands. g. The project can be expected to generate approximately 81.7 tons of solid waste per day which can be accommodated by existing landfill sites in the vicinity. h. The Southern California Gas Company has indicated that the project will not create a significant impact upon the company's existing service facilities. i. The project is projected to generate approximately 66.1 million gallons of wastewater per year. Existing sewer lines and treatment plants have the capacity to handle the impact of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 2400 be, and the same is hereby, granted permitting four office buildings containing up to 2,118,480 square feet of gross floor area which include up to 108,640 square feet of gross floor area of accessory uses including outdoor restaurants and on-premises sale and consumption of alcoholic beverages, four parking garages containing up to 2,724,691 square feet of gross floor area with each parking garage additionally containing up to 10,864 square feet of gross floor area for accessory uses including outdoor restaurants and on-premises sale and consumption of alcoholic beverages, and associated site improvements on the hereinabove described real property with a waiver of the following provision of the Anaheim Municipal Code pursuant to the authority of Section 18.06.080 thereof: SECTION l8.06.040.03l - Maximum number of small and 18.06.040.032 - car parking spaces (35% of the total number of re- quired parking spaces per- mitted: 50% of the total number of required parking spaces proposed) SECTION 18.06.050.020 - Minimum number of parking spaces (7,108 spaces re- quired: 6,011 spaces pro- posed) -6- BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the aforesaid waiver of minimum number, design and type of off-street parking spaces is granted based upon the following findings of fact: 1. That the variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses: a. The variance requested by the petitioner represents a 14.34% reduction in the number of spaces that would be required by the Anaheim Municipal Code. b. over one-half of the reduction is attributable to parking for retail, service and restaurant uses. These uses have been planned, located and sized to serve project tenants and should generate very little additional parking demand. The only time when such uses are likely to be used by nonproject people is in conjunction with Stadium events. At such times the 12,000 parking spaces are also available. c. The remaining reduction is attributable to parking for office uses. As the intensity of a project increases, parking demand decreases on a per square foot basis. The proposed parking ratio for the office uses is consistent with or greater than parking rations at comparable office projects. In addition, on all but a handful of days, the sponsor has an additional supply of over 5,000 parking spaces available for overflow. Some of these spaces are already used by other employers in this area for the same purpose. d. This variance will not cause any traffic congestion because overflow parkers, if any, will not have to use the local street network to reach the overflow parking area which is located immediately adjacent to the project site. 2. That the granting of the variance under the conditions imposed, if any, will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim: ^...--. a. The traffic engineering study prepared for the project by Rich Sauve of DKS Associates, an independent, licensed traffic engineer, indicates that more than fifty percent of the new automobiles currently being sold are of a size which is capable of using the small car spaces being built as part of this project and that approximately fifty percent of the automobiles now on the road can utilize the small car spaces. b. During the proposed ten year build-out period of the project, the use of small cars is likely to increase to well over fifty percent of the total automobiles on the road at the time of completion of the project. -7- c. The vast majority of the parking garage users will be office workers who use the parking on a daily basis and use of the small car spaces can be maximized and regulated by the parking garage operator. d. The parking requirement for the project under the provisions of the Anaheim Municipal Code is determined by a cumulative total of the designated number of parking spaces required by said Code for each individual use comprising the total project. However, some of the proposed uses adding to the total Code parking requirement are for uses which will normally be patronized by persons already on the premises in connection with the office use rather than drawing a significant number of additional persons and vehicles to the premises for which additional parking would be necessary. BE IT FURTHER RESOLVED that said conditional use permit and waiver of minimum off-street parking requirements be, and the same is hereby, granted subject to all of the following conditions: 1. That ASA (Anaheim Stadium Associates) shall relocate City of Anaheim Well No. 33 in conjunction with the construction of the Phase III Office Building, as shown on CUP Sheet No. 20 (Exhibit No. 22). If determined to be necessary, ASA shall also proportionally participate in providing increased capacity thereto. Plans for said relocation and possible increased capacity shall be submitted prior to issuance of a building permit for the Phase III Office Building. Said plans shall be subject to the review and approval of the Utilities General Manager. 2. That ASA shall undertake the following water conservation measures: a. Use automatic sprinkler systems so landscape watering is done during early morning or evening hours: b. Implement where feasible, conservation measures as recommended by the State of California Department of Water Resources; and c. Implement other conservation measures as may be required by State law. 3. That prior to the issuance of a building permit, ASA shall pay to the City of Anaheim appropriate water assessment fees as determined by the Office of the Utilities General Manager. -, 4. That prior to the issuance of a building permit, ASA shall pay to the Public Utilities Department the prevailing primary main acreage assessment fees in accordance with Rule No. 15 of the Department's Water Rates, Rules and Regulations. -8- .' ._".,",-", 5. That ASA shall construct water system improvements deemed necessary to serve the proposed Anaheim Stadium Center. Service shall include domestic needs for Phases I - IV, as well as fire flows which will be established by the City's Fire Marshall. 6. That ASA shall relocate existing utilities lines and easements and provide new service or increased capacity, as shown on CUP Sheet Nos. 18-21 (Exhibit Nos. 20-23). Plans for said relocations and/or new service or increased capacity shall be submitted prior to issuance of a building permit for each development phase and are subject to the review and approval of the Utilities General Manager. 7. That prior to issuance of a building permit for the Phase III Office Building, ASA shall relocate and underground any affected Southern California Edison Company overhead transmission lines, as shown on CUP Sheet No. 20 (Exhibit No. 22). ASA shall notify the City, in writing, that this condition has been satisfied. 8. That, because of construction activities, ASA shall, if determined to be necessary by the Utilities General Manager, reroute and underground the three existing l2KV circuits running through the project site. ASA shall also underground any additional proposed l2KV circuits which serve the project and which run through the project site. Plans for said relocation and undergrounding shall be submitted prior to issuance of a building permit for any affected development phase. 9. That the Anaheim Public Utilities Department shall maintain adequate electrical service by installing added l2KV circuits, by increasing substation capacity and by extending existing 69KV circuits as may be necessary in conformance with the approved Orangewood Block Master Plan (Exhibit A). 10. That at the time the existing overhead lines along Orangewood Avenue are undergrounded, ASA shall install street lighting facilities along Orangewood Avenue, in accordance with specifications on file in the Office of the Utilities General Manager. ll. That prior to issuance of building permits, ASA shall submit plans showing that an adequate number of on-site solid waste storage enclosures and trash compactors with adequate access will be provided. Said plans are subject to the approval of the Street Maintenance and Sanitation Division and shall show compliance with plans on file with said Division. 12. That ASA shall be responsible for the following wastewater service measures: a. Direct all project wastewater to the Santa Ana River trunk sewer; and -9- ,.-'".......;,~..~, b. Coordinate phasing of the project with the City and with the Orange County Sanitation District. 13. That ASA shall on a regular basis, sweep and maintain all surface parking lots used for office tenants and customers to collect pollutants before they enter the drainage system. 14. That ASA shall, on a regular basis, sweep and maintain all driveway approaches to parking garages used for office tenants and customers to collect pollutants before they enter the drainage system. 15. That prior to final building and zoning inspections, ASA shall provide automatic fire sprinkler systems in all office buildings and parking structures exceeding 6000 sq. ft. in gross floor area. The fire flow requirements for this project have been determined to be 5000 GPM. Said capacity shall be inclusive of the sprinkler system demands. 16. That prior to issuance of any building permits, plans shall be submitted showing that all buildings including parking garages will be constructed to conform with all applicable state and City Fire Codes. Said plans, showing building construction, building separation, accessibility of emergency fire equipment and location of fire hydrants, are subject to the review and approval of the Fire Department. 17. That ASA shall maintain emergency access to Anaheim Stadium before, during and after stadium events, as shown on the Emergency Access Plan of the Circulation Management Plan of the Orangewood Block Master Plan (Exhibit A). 18. That a parcel map to record the approved division of the project site, substantially as shown on SP Sheet No. 2 of the Orangewood Block Master Plan (Exhibit A), shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 19. That all grading activities shall be conducted in conformance with applicable City codes and regulations. 20. That an easement over the project streets and a strip along Orangewood Avenue to be used for street widening as shown on SP Sheet No.2 of the Orangewood Block Master Plan (Exhibit A), shall be offered for dedication for street and public utility purposes. Said dedication shall be made prior to the issuance of a building permit for the Phase 3 Office Building. Said easements shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 21. That ASA shall install sidewalks in conjunction with street construction or widening along Orangewood Avenue and the project's internal streets in conformance with the specifications approved as part of the Orangewood Block Master Plan (Exhibit A). -10- 22. That prior to commencement of any public street construction, any proposed special architectural treatment in the public rights-of-way (such as raised concrete pedestrian cross-walks) shall be subject to the review and approval of the Planning Director and the City Engineer. 23. That ASA shall construct the project's internal streets to the specifications and standards approved as part of the Orangewood Block Master Plan (Exhibit A). 24. That applicable surface runoff pollution and sediment control provisions contained in SCAG 208 Policies and as required by City codes and regulations shall be satisfied. 25. That prior to issuance of a building permit, ASA shall submit written evidence to the City showing that a Letter of Map Amendment has been obtained from the Federal Emergency Management Agency. Alternatively ASA shall comply with the City Flood Hazard Reduction Ordinance (No. 4l36). 26. That in accordance with the schedule of improvements set forth in the Development Agreement No. 83-01 between the City of Anaheim and ASA, the off-site traffic improvements as shown on CUP Sheet Nos. 27-32 (Exhibit Nos. 29-34) shall be undertaken by ASA or other appropriate entity (e.g., City of Anaheim, Caltrans). Work on these improvements shall be initiated in conformance with said schedule. ASA shall participate in the financing of such improvements (including land acquisition) to the extent that this project will use the traffic capacity created by said improvements. Financing will be done in a manner determined by the City (i.e., assessment district, benefit district, etc.). 27. That major tenants in the project (Anaheim Stadium Center) shall be required to implement a Transportation System Management ("TSM") program to reduce the overall number of vehicles driven to the site. 28. That prior to commencement of Phase III or sooner if determined to be necessary by the Orange County Transit District, ASA and the City Traffic Engineer, a turnout for a bus stop shall be provided by ASA at the northwest corner of the intersection of Orangewood Avenue and the office access road. 29. That prior to commencement of the activity herein approved (issuance of the first building permit), the entry road to Anaheim Stadium from Orangewood Avenue shall be relocated, the "island buffer" created by this relocation shall be landscaped, the existing eight (8) entry gates shall be relocated and five (5) new entry gates shall be provided. -11- "...,.,,,,^~...~"-,..,,,,-,_.,,.,_., 30. That prior to issuance of a building permit for each office building and office parking garage, satisfactory evidence regarding seismic and peak load considerations shall be submitted in conjunction with structural plans for evaluation and approval by the Building Division. 3l. That prior to issuance of a building permit, detailed soils and geology reports shall be submitted by ASA for review and approval by the Building Division. 32. That energy conservation measures meeting or exceeding the requirements of Title 24 of the California Administrative Code shall be incorporated by ASA in the project (Anaheim Stadium Center) . 33. That during all construction periods ASA shall be responsible for: a. Employing watering techniques as required by the City Building Code; b. Covering trucks filled with soils when said trucks exceed 20 m.p.h. or leave the project site; and c. Mandating a 20 m.p.h. speed limit on unpaved surfaces. 34. That during all construction periods the following noise reduction measures shall be undertaken by ASA: a. To the extent feasible, limit noise producing activities to daytime hours between 7:00 a.m. to 7:00 p.m., as required by the Anaheim Municipal Code. b. Muffle or shield construction equipment acoustically where feasible; and c. Use ambient noise mitigating barriers, berms, landscaping and structural design techniques when appropriate. 35. That prior to issuance of a building permit, ASA shall submit evidence showing that existing affected underground telephone conduit will be rerouted as necessary. Any joint trenching by the Telephone Company and ASA shall be co-ordinated with the Public Utilities Department and other possible affected utility companies. 36. That project architects and engineers shall consult with the Commercial Energy Management Group of the Southern California Gas Company to review recent developments in energy saving systems which can be utilized in the project approved herein. 37. That ASA shall undertake the following public safety measures: -12- ~--'''_''..._~._~rn a. That prior to issuance of a building permit for each development phase, ASA shall review security and circulation features with the Police Department; and b. That ASA shall provide adequate lighting along interior streets, parking areas and walkways to the satisfaction of the Police Department. 38. That ASA shall implement appropriate salvage measures under the City's direction if a potentially significant cultural/scientific resource deposit is encountered during grading. 39. That prior to commencement of the activity approved herein (issuance of the first building permit), covenants, conditions, easements and restrictions ("CC&R's") for the project shall be submitted to the City Attorney for review and approval. ASA shall then file and record said documents, as approved, in the Office of the Orange County Recorder. 40. That the project framework consisting of streets, plaza, landscaping, etc., shall be constructed substantially as shown on CUP Sheet No.5 (Exhibit F). 41. That a minimum of 2.78 parking spaces shall be provided for everyone thousand (l,OOO) square feet of gross floor area in the office buildings and in the commercial space located in the parking garages. No more than fifty percent (50%) of the parking spaces shall be for small cars. 42. That prior to issuance of a building permit for the Phase III Office Building, the Ground Lease shall be amended to make reservation of land on the future State College Block to remedy any parking deficiencies created on the Orangewood Block by the parking waivers as granted herein. Said reservation need not exceed the difference between the number of parking spaces currently required by Code and the number for which the parking waivers are granted. 43. That final design plans for each proposed office building and office parking garage (including the percentage of small car parking spaces and in the cases of office parking garages 2, 3 and 4, the "vertical transportation system" referred to in Condition No. 47 hereof) shall be submitted to the Planning Department for review and approval by the Planning Commission, subject to appeal by the developer or City to the City Council, prior to the issuance of building permits. 44. That the landscaping plan shall be implemented substantially as shown on CUP Sheet No. 17 (Exhibit No. 19). 45. That any amendment to the Orangewood Block Master Plan (Exhibit A) in compliance with the Amendments Procedure contained therein shall also be deemed an amendment to this Conditional Use Permit. -l3- _....."~._,,..-.,.,,._."C"-'"""".',,__,.,"'~ 46. That ASA shall pay the appropriate traffic signal assessment fees in accordance with City Council Ordinance No. 3896 or construct off-site traffic improvements as shown on CUP Sheet Nos. 27-32 (Exhibit Nos. 29-34), whichever is greater. Payment of said fees or the construction shall take place as indicated by the phasing in the Block Master Plan (Exhibit A) . 47. That final design plans for each proposed office parking garage shall address in detail how the "vertical transportation system" will be designed to handle Stadium event users. The proposed system may include ramps, escalators, elevators, and/or other people moving devices and such specific system shall be subject to final approval by the Planning Commission, with the right of appeal by either the developer or the City to the City Council, prior to issuance of building permits for each such parking garage. 48. That the proposed office parking garage for the Phase I office building shall be constructed prior to or concurrently with the construction of the Phase II office building; no final inspection and occupany permit shall be issued for the Phase II office building until completion of said parking garage. ; BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this h day of Febr y, 1983. ATTEST: ~. ~ - ..,/ ... .J . CITY CLERK OF THE Y OF ANAHEIM JLW: fm 0664M 2-25-83 /J-j THAT PORTION OF LOT 3 OF 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, TOGETHER WITH THAT PORTION OF THE LAND ALLOTTED TO ALFRED B. CHAPMAN, IN SAID CITY, COUNTY AND STATE AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868, IN BOOK RB. PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE REAST 514.69 FEETR AS SHOWN ON A MAP OF RECORD OF SURVEY FILED IN BOOK 72, PAGE 18 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY, BEING ALSO A POINT IN THE NORTHERLY LINE OF ORANGEWOOD AVENUE, 90 FEET WIDE; THENCE ALONG THE LINE SHOWN ON SAID RECORD OF SURVEY AS .N 00 081 OOR W, 622.79 FEET. ON A BEARING FOR THE PURPOSE OF THIS DESCRIPTION OF NORTH 00 40' 27. EAST, A DISTANCE OF 620.13 FEET, TO THE WESTERLY PROLONGATION OF THAT CERTAIN COURSE .WEST 1016.61 FEET. AS DESCRIBED IN EXHIBIT .A. OF THE SITE LEASE RECORDED AUGUST 31, 1978 AS INSTRUMENT NO. 46390 IN BOOK 12822, PAGE 1188, OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG SAID WESTERLY PROLONGATION AND ALONG SAID CERTAIN COURSE AND THE EASTERLY PROLONGATION THEREOF, EAST 1394.59 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 44.50 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 001 00. AN ARC DISTANCE OF 69.90 FEET; THENCE SOUTH 130.39 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF l49.50 FEET; THENCE SOUTHERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 30 32' 00. AN ARC DISTANCE OF 9.22 FEET; THENCE SOUTH 30 321 00. WEST, 266.62 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 84.50 FEET; THENCE SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 860 281 OOR AN ARC DISTANCE OF 127.52 FEET; THENCE WEST, 319.22 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 150.50 FEET; THENCE SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 680 221 07R AN ARC DISTANCE OF 179.59 FEET TO A POINT OF REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 34.50 FEET, A RADIAL OF SAID REVERSE CURVE TO LAST SAID POINT BEARS SOUTH 680 221 07" EAST; THENCE SOUTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 410 091 09. AN ARC DISTANCE OF 24.78 FEET; THENCE SOUTH 160 521 22. WEST, 40.00 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1245.00 FEET, A RADIAL OF LAST SAID CURVE TO LAST SAID POINT BEARS NORTH 160 521 22. EAST, LAST SAID CURVE BEING ON THE NORTHERLY LINE OF ABOVE SAID ORANGEWOOD AVENUE, 90 FEET WIDE; THENCE WESTERLY ALONG LAST SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 160 041 15. AN ARC DISTANCE OF 349.21 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 890 111 53. WEST, 514.42 FEET TO THE POINT OF BEGINNING. JLW: fm 0725M EXHIBIT A '"-"'",,"_.,_..,,~. ~"=__.._...,.. l"I7 1 -~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-47 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of February, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-47 on the 8th day of February, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of February, 1983. ~'..I~)~ CITY CLERK OF THE CITY 0 AHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-47 duly passed and adopted by the Anaheim City Council on February 8, 1983. ~. .L_.i~ ~ CITY CLERK -