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84R-124 RESOLUTION NO. 84R-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2461. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from RIVIERA MOBILHOME PARKS, owner, and FLOYD L. FARANO, agent, to permit two 14-story, 200-foot high office complexes upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, 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 PER MAP RECORDBD IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTH- EAST QUARTER OF SECTION 27, NORTH 890 54' 30" EAST 1117.80 FEET FROM THE NORTHWEST CORNER OF SAID NORTH- EAST QUARTER; THENCE NORTH 890 54' 30" EAST 160.00 FEET: THENCE SOUTH 10 21' DO" EAST 265.06 FEET PARAL- LEL WITH THE CBNTERLINE OF HARBOR BOULEVARD, AS SHOWN ON A MAP FILED IN BOOK 43 PAGE 33 OF RECORD OF SUR- VEYS, IN THE OFFICE OF SAID COUNTY RECORDER, TO A LINE PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM SAID NORTH LINE OF THE NORTHEAST QUARTER; THENCE SOUTH 890 54' 30" WEST 160.00 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 1021' 00" WEST 265.06 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SAN~~ ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 27, NORTH 890 54' 30" EAST 1277.80 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER: THENCE NORTH 890 54' 30" EAST 150.03 FEET ALONG SAID NORTH- ERLY LINE TO THE BOUNDARY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN THE DEED TO LOUIS M. RUBIN, A MARRIED MAN, RECORDED FEBRUARY 16, 1959 IN BOOK 4587 PAGE 154, OFFICIAL RECORDS; THENCE SOUTH 10 20' 15" EAST 265.06 FEET ALONG SAID BOUNDARY LINE TO A LINE THAT IS PARAL- LEL WITH AND SOUTHERLY 265.00 FEET FROM THE NORTHERLY LINE OF SAID SECTION 27; THENCE SOUTH 890 54' 3D" WEST 149.97 FEET ALONG SAID PARALLEL LINE TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO JOHN B. PENNINO AND OTHERS, RECORDED DECEMBER 14, 1959 IN BOOK 5013 PAGE 307, OFFICIAL RECORDS; THENCE NORTH 10 20' 15" WEST 265.06 FEET TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTH HALF BEING SOUTH 10 21' 00" EAST 656.10 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 890 49' 28" EAST 460.01 FEET ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTH HALF OF THE TRUE POINT OF BEGINNING; THENCE NORTH 10 21' DO" WEST 390.36 FEET PARALLEL WITH THE WESTERLY LINE OF SAID NORTHEAST QUARTER TO A LINE PARALLEL WITH THE NORTHERLY LINE OF SAID NORTHEAST QUARTER AND SOUTHERLY 265.00 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID NORTHEAST QUAR- TER; THENCE NORTH 890 54' 3D" EAST 967.75 FEET ALONG SAID PARALLEL LINE TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO JERALD A. PHILLIPS ET AL., RECORDED MAY 10, 1960 IN BOOK 5237 PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 10 20' 15" WEST 265.06 FEET ALONG THE EAST LINE OF SAID LAND TO THE NORTH LINE OF SAID SECTION: THENCE NORTH 890 54' 30" EAST 100.00 FEET ALONG SAID NORTH LINE TO THE NORTH- WEST CORNER OF THE LAND DESCRIBED IN THE DEED TO LOUIS M. RUBIN, RECORDED MARCH 4, 1960 IN BOOK 5130 PAGE 186 OF SAID OFFICIAL RECORDS: THENCE SOUTH 10 20' 15" EAST 265.06 FEET TO THE SOUTHWEST CORNER OF SAID LAND: THENCE NORTH 890 54' 30" EAST 1114.70 FEET PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM THE NORTH LINE OF SAID SECTION TO THE EASTERLY LINE OF SAID SECTION; -2- THENCE SOUTH 10 19' 30" EAST 387.16 FEET TO THE SOUTH- EAST CORNER OF SAID NORTH HALF OF THE NORTH HALF: THENCE SOUTH 890 49' 28" WEST 2182.22 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A MAP FILED IN BOOK 43 PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, 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 PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTH- EAST QUARTER, NORTH 890 54' 30" EAST 1527.86 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER: THENCE SOUTH 10 20' 15" EAST 265.06 FEET; THENCE NORTH 890 54' 30" EAST 200.05 FEET: THENCE NORTH 10 20' 15" WEST 265.06 FEET TO SAID NORTH LINE; THENCE SOUTH 890 54' 30" WEST 200.05 FEET TO THE POINT OF BEGINNING. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 43 PAGE 33 OF RECORD OF SURVEYS IN THE OFFICE OF SAID COUNTY RECORDER. PARCEL 5: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27: 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 PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SEC- TION, SOUTH 890 54' 30" WEST 545.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION; THENCE SOUTH 10 19' 30" EAST 265.06 FEET PARALLEL WITH THE EAST LINE OF SECTION TO A LINE PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM SAID NORTH LINE; THENCE SOUTH 890 54' 30" WEST 369.62 FEET ALONG SAID PARALLEL LINE TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN THE DEED TO LOUIS M. RUBIN, RECORDED MARCH 4, 1960 IN BOOK 5130 PAGE 186 OF OFFICIAL RECORDS; THENCE NORTH 10 20' 15" WEST 265.06 FEET TO THE NORTHEAST CORNER OF SAID LAND OF RUBIN: THENCE NORTH 890 54' 30" EAST 369.68 FEET TO THE POINT OF BEGINNING. -3- EXCEPT THE EAST 75.00 FEET THEREOF. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON MAP FILED IN BOOK 43 PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER. -" EXCEPTING: COMMENCING AT A POINT IN THE NORTH LINE OF SAID SEC- TION DISTANT THEREON S. 890 54' 30" W. 620.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION AS SAID CORNER IS SHOWN ON A MAP FILED IN BOOK 43, PAGE 33 OF RECORD OF SURVEYS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE S. 10 19' 30" E. 265.06 FEET PARALLEL WITH THE EAST LINE OF SAID SECTION TO A LINE THAT IS PARALLEL WITH AND 265.00 FEET SOUTHERLY OF SAID NORTH LINE AND THE TRUE POINT OF BEGINNING: THENCE CONTINU- ING S. 10 19' 30" E. 388.06 FEET TO SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF SAID NORTHEAST QUAR- TER: THENCE N. 890 49' 28" E. 619.98 FEET ALONG SAID SOUTH LINE TO THE EAST LINE OF SAID SECTION; THENCE N. 10 19' 3D" W. 387.16 FEET ALONG SAID EAST LINE TO SAID PARALLEL LINE: THENCE S. 890 54' 3D" W. 620.00 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING: 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 WHEREAS, said Commission, after due inspection, investi- gation 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. PC84-18 granting Conditional Use Permit No. 2461; 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 consider- ation 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. -4- 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 provided Clementine Street and Convention Way are extended in the manner set forth in Condition Nos. 11 and 12 hereof as part of this project. 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2461 be, and the same is hereby, granted permitting two 14-story, 200-foot high office complexes on the hereinabove described real property, subject to the following conditions: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land of vari- able width as required by the City of Anaheim for the construction of Clementine Street from Katella Avenue south to the southerly property line of subject property. 2. That all engineering requirements of the City of Anaheim along Clementine Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drain- age facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifica- tions on file in the Office of the City Engineer; and that secur- ity 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 satisfac- tory completion of said improvements. Said security shall be posted with the City prior to approval of improvement plans or issuance of a building permit, whichever occurs first, to guaran- tee the installation of the above-required improvements prior to occupancy. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. This shall include construction of a storm drain in Clementine Street, which drain will permit the travel lanes to remain unflooded in a 10 year design storm. Said storm drain shall extend south from Katella Avenue through subject property and continuing across the property located directly south of subject property to the existing drain -5- north of Orangewood Avenue. To the extent said storm drain bene- fits other properties within the drainage district, the property owner shall be entitled to reimbursement for the portion of the cost of such facilities benefiting such other properties by the execution of a Reimbursement Agreement between the property owner and the City pursuant to Anaheim Municipal Code Section 17.08.430 for reimbursement from fees subsequently collected from future developers within the district. 4. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel 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. 5. That subject property shall be served by underground utilities. 6. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 7. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division, including the installation of on-site waste compactors. 8. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 66-67-61 and Reclassification No. 82-83-26, now pending. 9. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 10. That the proposed office towers and above-grade parking structures shall be sprinklered. 11. That prior to issuance of a building permit for the offices the developer shall extend Clementine Street from Katella Avenue to Orangewood Avenue providing a minimum 40-foot wide road- way with a 60-foot wide right-of-way. 12. That prior to issuance of a building permit for the offices the developer shall extend Convention Way from Harbor Boulevard to Clementine Street providing a minimum 40-foot wide roadway with a 60-foot wide right-of-way. 13. That the proposed offices shall comply with all signing requirements of the "CR" (Commercial, Recreation) Zone, unless a variance is approved by the City of Anaheim. Further, no sign or other advertising devices shall be place so as to exceed the height permitted by the Height Standard Guideline, or to exceed the height of the proposed office structures (200 feet maximum proposed for each building). -6- 14. That the developer shall provide and maintain a televi- sion antenna or cable system, without charge to residents, to assure satisfactory television reception to any residences which are unable to receive a satisfactory level of television signals as a result of interference caused by the project structures. 15. That no permits shall be issued by the City of Anaheim for the exercise of this conditional use permit except following the exercise and compliance with all conditions of Conditional Use Permit Nos. 2460 and 2462. 16. oper shall of traffic Clementine That prior to issuance of building permits, the devel- pay the traffic signal assessment fees minus the cost signal modifications made at Katella Avenue and Street. 17. That all off-site real property interests necessary to comply with the requirements set forth in this resolution shall be acquired and dedicated to the City of Anaheim within the times otherwise required in this resolution. 18. That a standpipe delivery system, emergency on-site water storage and fire control rooms be provided as reviewed and approved by the Fire Department. 19. That the developer shall contribute a pro-rata share of costs associated with the development of a new fire station site, a fully equipped fire station and appropriate apparatus to equip said station. Said pro-rata share of the total costs to be deter- mined by the Anaheim Fire Chief pending completion of a study. 20. That the developer shall install a distribution main in the Clementine Street right-of-way and through the project as reviewed and approved by the Water Engineering Division. 21. That the developer shall supply, if needed, an addi- tional source of water to meet anticipated fire flow requirements as reviewed and approved by the Water Engineering Division. 22. That the owner(s) of subject property shall pay its pro- portionate share, and shall execute and record an agreement in a form approved by the City Attorney's Office obligating owner(s) to pay its proportionate share, of the cost of certain off-site pub- lic improvements and services pursuant to that certain assessment district or benefit area to be hereinafter established by the City of Anaheim, pursuant to the requirement of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates. 23. If an assessment district is hereinafter formed as pro- vided in Condition No. 22 hereof which district includes assess- ments for the cost of any of the offsite improvements required herein and which are constructed and paid for by the property owner, the property owner shall be reimbursed from such assessment district funds, to the extent permitted by law, an amount equal to -7- the property owner's cost of construction of said offsite improve- ments minus the amount of property owner's pro rata assessment therefor. Nothing contained in this condition shall obligate the City to create any such assessment district or include the cost of any of the hereindescribed offsite improvements therein. The reimbursable costs payable to the property owner hereunder shall in no event include any of the following: (a) cost of any on-site improvements for the extension of Clementine Street through the subject property; (b) cost to construct the raised median island in Katella Avenue: and (c) cost of the traffic signal modification at Katella Avenue and Clementine Street. 24. That prior to issuance of a building permit, the prop- erty owner shall conduct a line-of-sight ("balloon") test in cooperation with Disneyland, the results of said test to provide assurance that no portion of the proposed buildings or signs shall visually intrude into Disneyland. 25. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6. 26. That prior to the commencement of the activity author- ized under this resqlution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 8, 9, 11, 12, 15, 17, 19 and 22, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 27. That prior to final building and zoning inspections, Condition Nos. 3, 5, 7, 10, 14, 18, 20, 21 and 25, above- mentioned, shall be complied with. 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. City THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim~t~~, 1984. MAYOR OF TEE CITY OF ANAHEIM ATTEST: ~J.~ T CLERK OF THE fTY OF ANAHEIM JLW: fm 2401M 4/17/84 -8- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-124 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of March, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-124 on the 27th day of March, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of March, 1984. ~.~~)~ CITY C ERK OF THE CITY ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R-124 duly passed and adopted by the Anaheim City Council on March 27, 1984. ~,~ CITY CLERK -,,......<._...,,..,;,......"-""'..--~""