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80R-465 RESOLUTION NO. 80R - 465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2082 • WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ORANGE COUNTY TRANSIT DISTRICT, owner, and MICHAEL G. MACK, agent, to permit a bus transit facility with a waiver of maximum fence height on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THOSE PORTIONS OF LOTS 3 AND 4 OF GOLDEN STATE TRACT NO. 2, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 68 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCELS 1 AND 3, AS SHOWN ON A MAP FILED IN BOOK 36, PAGE 7 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; and -1- ATTY-26 (Page 1 of 2 Pages) 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 re- quired 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. PC80 - 131 , denying Conditional Use Permit No. 2082 ; 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. 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 im- pose 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission „ 00-*, iiPny ng said conditional use permit be, and the same is hereby, r verFpcl and that Conditional Use Permit No. 2082 be, and the same is hereby, granted permitting a bus transit facility with a waiver of the following provision of the Anaheim Municipal Code: -2- ATTY -26 (Page 2 of 2 Pages) SECTION 18.61.064.020 Maximum fence height in front setback. (30 inches permitted along State College Boulevard; 8 feet proposed) subject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 53 feet and 30 feet in width from the centerlines of the street along State College Boulevard and Baxter Street for street widening purposes, including standard semetrical cul -de -sac at the north terminus of Baxter Street and 15 -foot property line radius at Via Burton Street. 2. That all engineering requirements of the City of Anaheim along State College Boulevard and Baxter Street, including standard semetrical cul -de -sac at north terminus of Baxter Street, including preparation of improvement plans and installation of all improve- ments such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; that street lighting facilities along State College Boulevard, Baxter Street, and Via Burton Street shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and /or that 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 installation of the above - mentioned requirements prior to occupancy. 3. That sidewalks shall be installed along Via Burton Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6. That subject property shall be served by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That the owner of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for industrial buildings prior to the issuance of a building permit. -3- 9. 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 11. 10. That Condition Nos. 1, 2 and 11, above - mentioned, shall be complied with prior to the commencement of the activity auth- orized under this resolution, or prior to the time that the build- ing permit is issued, or within a period of one year from the date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 11. That the owners of subject property shall submit a letter requesting the termination of Conditional Use Permit No. 1286 to the Planning Department. 12. That Condition Nos. 3, 4, 6, 7 and 9, above - mentioned, shall be complied with prior to final building and zoning inspec- tions. 13. That raised medians be constructed on State College Boulevard to control left -turn access lanes to subject property. 14. That trash compaction and weight of refuse to be re- moved from subject property shall be subject to approval of the Streets Maintenance and Sanitation Department. 15. That, upon request by the City, the Orange County Transit District shall provide an outside consultant for traffic research with alternatives for a traffic solution and OCTD shall participate in said solution. 16. That no median islands shall be erected which would block ingress and egress to local businesses on State College Boulevard. 17. That OCTD shall pay to City the sum of $240,000 to be allocated, as first priority, to the alignment of Via Burton Street. 18. That not in excess of 240 buses be permitted ingress and egress to the property in any 24 -hour period. 19. That not in excess of 600 employees be permitted in- gress and egress to the property in any 24 -hour period. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, its successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions therein. -4- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of October, 1980. IP w� / _" _ ///. r.. / j' OR • F THE CIT / + A • HE M ATTEST: T CLERK OF TH. CITY OF ANAHEIM JLW:fm - 5- 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. 80R -465 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of October, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R -465 on the 14th day of October, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of October, 1980. CITY C ERK OF THE CITY OF 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. 80R -465 duly passed and adopted by the Anaheim City Council on October 14, 1980. CITY CLERK