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2005-055RESOLUTION N0. 2005 - 55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0.2003-04763 WHEREAS, the Anaheim City Planning Commission did receive a verified petition for a conditional use permit to construct amultiple-family residential development (the Archstone Gateway Project) in the Gateway District, Sub Area B, consisting of 352 apartment units with on- site tenant business and leisure amenities (the apartment complex is proposed to straddle the City limits of Anaheim and Orange with 352 units in the City of Anaheim and 532 units in the City of Orange for a total of 884 units) upon certain real property located in the City of Anaheim, County of Orange, State of California, legally described as: PARCEL A; THAT PORTION OF LOT 13 OF THE LOCKHART TRACT, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE S 12 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST NORTHERLY CORNER OF THE 5.25 ACRE TACT OF LAND CONVEYED BY HARRY J. BRAINERD TO WILLIAM F. GADS BY DEED RECORDED IN BOOK 527, PAGE 276 OF DEEDS OF SAID LOS ANGELES COUNTY; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND OF GADS TO THE CENTERLINE OF THE STATE HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE POINT OF INTERSECTION THEREOF WITH THE CENTERLINE OF THE COUNTY ROAD COMMONLY KNOW AS PLACENTIA AVENUE, AN EASEMENT FOR SAID ROAD WAS CONVEYED TO ORANGE COUNTY BY DEED RECORDED DECEMBER 6, 1922 IN BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE COUNTY; THENCE NORTH 0° 09' 30" WEST ALONG THE CENTERLINE OF SAID COUNTY ROAD TO THE NORTHWESTERLY LINE OF LOT 13 OF SAID LOCKHART TRACT; THENCE NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID LOCKHART TRACT; THENCE EASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID LINE TO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO PHILIP LAUX AND ADELE H. LAUX, HIS WIFE, BY DEED RECORDED JUNE 15, 1920 IN BOOK 369, PAGE 104 OF DEEDS; THENCE SOUTH 16° ~6' 00" WEST 634.90 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION' LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF SAID COUNTY ROAD, DISTANT THEREON NORTH 0° 10' 30" WEST 159.66 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF THE CALIFORNIA STATE -1- HIGHWAY (60 FEET WIDE), DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 25, 1954 IN BOOK 2$51, PAGE OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 60° 43' 00" EAST 344.21 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LAND OF GADS, NORTHEASTERLY 221.05 FEET, MEASURED ALONG SAID NORTHWESTERLY LINE AN THE SOUTHWESTERLY PROLONGATION THEREOF, FROM SAID CENTERLINE OF THE CALIFORNIA STATE HIGHWAY. ALSO EXCEPT THE INTEREST CONVEYED TO THE CITY OF ORANGE, FOR USE AS A PUBLIC STREET AND FOR USE OF PUBLIC UTILITIES, BY DEED RECORDED NOVEMBER 14, 1963 IN BOOK 6804, PAGE 358 OF OFFICIAL RECORDS, IN THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT A POINT BEING THE INTERSECTION OF THE CENTERLINE OF LOS ANGELES STREET (60 FEET WIDE) AND STATE COLLEGE BOULEVARD {FORMERLY PLACENTIA AVENUE) (60 FEET WIDE); THENCE NORTH 0° 09' 30" EAST ALONG THE CENTERLINE OF SAID STATE COLLEGE BOULEVARD, 32.63 FEET TO AN ANGLE POINT; THENCE SOUTH 89. °50' 30" EAST 30 FEET AS MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF STATE COLLEGE BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 9° 09' 30" WEST 15 FEET TO CAN ANGLE POINT, SAID POINT BEGIN THE INTERSECTION OF THE EAST LINE OF SAID STATE COLLEGE BOULEVARD WITH THE NORTHEASTERLY LINE OF SAID LOS ANGELES STREET; THENCE SOUTH 60° 43' 00" EAST 15 FEET ALONG SAID NORTHEASTERLY LINE OF LOS ANGELES STREET TO AN ANGLE POINT; THENCE NORTH 30° 16' 45" WEST 25.87 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS DEDICATED TO THE CITY OF ORANGE BY DEDICATION BEING RECORDING MAY 7, 1970 III' BOOK 9284, PAGE 62 OF OFFICIAL RECORDS, BEING DESCRIBED AS: THAT PORTION OF LOT 13 OF THE LOCKHART TRACT, PER MAP RECORDED IN BOX 4, PAGE 512 OF MISCELLANEOUS RECORDS, LOS ANGELES COUNTY, CALIFORNIA, AND LOTS 1 AND 2 OF TRACT N0. 71, AS PER MAPS RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE ROAD ESTABLISHED BY DEED TO THE COUNTY OF ORANGE RECORDED DECEMBER 6, 1922 IN BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE COUNTY, DISTANT NORTH 0° 43' 42" WEST, 159.66 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (60 FEET WIDE) AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258, PAGE 59 OF SAID DEEDS; THENCE SOUTH 59° 48' 48" EAST A DISTANCE OF 34.45 FEET TO THE POINT OF INTERSECTION OF -2- THE NORTHEASTERLY LINE OF STATE COLLEGE BOULEVARD (FORMERLY LOS ANGELES STREET), WITH THE EAST LINE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN AS PLACENTIA AVENUE) AND BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, CONTINUING SOUTH 59° 48' 48" EAST A DISTANCE OF 309.76 FEET, MORE OF LESS, TO THE NORTHWESTERLY LINE OF THE 5.25 ACRE TRACT OF LAND CONVEYED TO HARRY JAMES BRAINARD, ET UX., TO WILLIAM F. GADS BY DEED RECORDED IN BOOK 527, PAGE 276 OF DEEDS OF SAID LOS ANGELES COUNTY; THENCE NORTH 50° 03' 27" EAST ALONG SAID NORTHWESTERLY LINE OF THE LAND TO WILLIAM F. GADS A DISTANCE OF 25.52 FEET; THENCE, PARALLEL AND 24 FEET NORTHEASTERLY TO THE EXISTING RIGHT-OF-WAY LINE OF STATE COLLEGE BOULEVARD (FORMERLY LOS ANGELES STREET), NORTH 59° 48' 48" WEST A DISTANCE OF 118.59 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADNS OF 342 FEET; THENCE WESTERLY AND NORTHERLY ALONG SAID 342 FOOT RADIUS CURVE THROUGH A CENTRAL ANGEL OF 60° 32' 30" AN ARC DISTANCE OF 361.38 FEET; THENCE PARALLEL AND 42 FEET EASTERLY OF THE CENTERLINE OF STATE COLLEGE BOULEVARD (FORMERLY PLACENTIA AVENUE) A DISTANCE OF 546.48 FEET; THENCE NORTH 3° 15' O1" EAST A DISTANCE OF 250 FEET, MORE OR LESS, TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF ORANGE AS ESTABLISHED BY ANNEXATION N0.79, ORDINANCE N0.663, SAID BOUNDARY LINE 205.43 FEET NORTHERLY OF THE WESTERLY PROLONGATION OF SYCAMORE AVENUE; THENCE NORTH 89° 16' 18" WEST ALONG THE EXISTING CITY OF ORANGE BOUNDARY A DISTANCE OF 23 FEET; THENCE PARALLEL AND 30 FEET EASTERLY OF THE CENTERLINE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN AS PLACENTIA AVENUE) SOUTH 0° 43' 42" WEST A DISTANCE OF 1016.65 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY THAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 1998, AS INSTRUMENT NO. 199$0352437, OF OFFICIAL RECORDS. PARCEL B: THAT PORTION OF LOT 2 IN TRACT N0. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT, WEST 1025.53 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ON A DIRECT LINE TO A POINT ON THE SOUTH LINE OF SAID LOT, WESTERLY 747 FEET FROM THE SOUTHEAST CORNER THEREOF. EXCEPT THE NORTH 567.04 FEET THEREOF. -3- ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF ORANGE RECORDED MAY 7,1970 IN BOOK 9284, PAGE 62 OF SAID OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LOT LYING WESTERLY OF THE CENTERLINE OF PLACENTIA AVENUE (NOW STATE COLLEGE BOULEVARD) AS SHOWN ON TRACT N0. 964, FILED IN BOOK 3~1, PAGES 4b AND 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY THAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 1998, AS INSTRUMENT N0. 19980352437, OF OFFICIAL RECORDS. PARCEL C: THAT PORTION OF LOT 1 OF TRACT 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID LOT 1 WITH THE CENTERLINE OF PLACENTIA AVENUE; THENCE SOUTH 0° 9' 30" EAST 179.99 FEET TO THE EASTERLY LINE OF SAID LOT. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF ORANGE RECORDED MAY 7,1970 IN BOOK 9284, PAGE 62 OF SAID OFFICIAL RECORDS. PARCEL D: PARCEL 21 AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL E: THAT PORTION OF LOT 2 OF TRACT N0.71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF SAID TRACT N0. 71, SAID SOUTHWEST CORNER ALSO BEING THE EAST QUARTER SECTION CORNER OF SECTION 2b, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF SAID MISCELLANEOUS MAPS, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3, NORTH 89° 59' 00" EAST 275.00 FEET; THENCE SOUTH 0° Ol' 00" EAST 280.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0° O1' 00" EAST 287.04 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 567.04 FEET OF SAID LOT 2; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE CENTERLINE OF STATE COLLEGE BOULEVARD, -4- FORMERLY PLACENTIA AVENUE, AS DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED MARCH 22,1920 IN BOOK 358, PAGE 19 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG SAiD CENTERLINE TO A LINE THAT IS PARALLEL WITH NORTHERLY LINE OF SAID LOT 2 AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE EAST 50.00 FEET. ALSO EXCEPTING THAT PORTION THEREOF SET FORTH IN THE FINAL ORDER OF CONDEMNATION IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED APRIL 30, 199$ AS INSTRUMENT N0. 199802b2502, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY THAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 1998, AS INSTRUMENT N0. 19980352437, OF OFFICIAL RECORDS. WHEREAS, the Anaheim City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; 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. PC2005-32 granting Conditional Use Permit No. 2003-04763; and WHEREAS, the Anaheim City Planning Commission has requested that its decision granting Conditional Use Permit No. 2003-04763 be reviewed by the City Council at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the action of the Anaheim City Planning Commission and all evidence and reports offered at said hearing, that: l . Pending adoption of an Ordinance amending the Platinum Triangle Mixed Use (PTMU) Overlay Zone (ZCA2003-00025), the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No.l 8.20.030.090 {Table 20-A) to permit a high quality multiple-family residential development consisting of 352 apartment units in Sub Area B of The Platinum Triangle Master Land Use Plan, Gateway District (the 352 units encompass -5- a portion of an 884-unit complex straddling the City limits of Anaheim and Orange}. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as staff believes the proposed project is compatible with existing and surrounding land uses and the development achieves a project with architecturally enhanced elevations and recreational/leisure amenities for residents in the project, and further provides a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan. 3. That the proposed use will not, under the conditions and mitigation measures imposed, adversely affect the adjoining mobile home park residents or commercial and industrial land uses nor restrict the growth and development of the area in which it is proposed to be located. 4. That 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 or to health and safety. 5, 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 as the proposed project has been analyzed in a Traffic Impact Study dated March 2003, updated April 2004 and 3une 2004, reviewed and approved by the City Traffic and Transportation Manager (the approved study has been incorporated into Final EIR No. 328) and that the required infrastructure improvements along the adjacent streets will be constructed in connection with the project. 6. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2003-04763 be, and the same is hereby, granted to permit construction of amultiple-family residential development (the Archstone Gateway Project) in the Gateway District, Sub Area B, consisting of 352 apartment units with on- site tenant business and leisure amenities (the apartment complex is proposed to straddle the City iimits of Anaheim and Orange with 352 units in the City of Anaheim and 532 units in the City of Orange for a total of 884 units) on the hereinabove described real property subject to the following conditions: 1. That this Conditional Use Permit is granted subject to adoption of Amendment No. l to the Platinum Triangle Master Land Use Plan (MIS2003-00071) and an amendment to the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Zoning Code Amendment ZCA2003-00025), now pending. 2. That this conditional use permit {"the Anaheim Permit") is granted subject to final approval of General Plan Amendment No. 2002-00003, Zone Change No. 1215-04 and Major Site Plan Review No. 252-02 by the City of Orange (the "Orange Permits"), and further contingent upon continued compliance with all conditions of approval of the Orange Permits. Modifications to the Orange Permits shall trigger consideration of modification of the Anaheim Permit by the Cit~~ of Anaheim Planning Commission, unless the City of Anaheim Planning Director determines that said modifications are in substantial conformance with the Anaheim Permit. -6- 3. That the property owner/developer shall be responsi measures within the assigned time frames and any d Mitigation Monitoring Program No. 126 as established by Section 21081.6 of the Public Resources Code to e mitigation measures. 4. That this permit shall expire two (2) years from the date 5. That no later than 30 days following the City Council's doption of Ordinance o. 5968 , approving Zoning Code Amendment ZCA 2003-00025 r lating to the Platinum riangle Mixed Use Overlay, the legal property owner shall enter into a agreement with the ity of Anaheim satisfactory to the City Attorney agreeing to indemnify nd hold harmless the ity, its agents, officers, council members, employees, boards, commis ions and their membe s and the City Council from any claim, action or proceeding brought a ainst any of the foreg ing individuals or entities, the purpose of such litigation being to attack, et aside, void or annul ny approval of the application or related decision, or the adoption of y environmental doc ments or FEIR No. 328 which relates to the approval of the Propose Actions. This inde nification shall include, but is not limited to, all damages, costs, expens s, attorney fees or exp rt witness fees that may be awarded to the prevailing party, and costs f suit, attorneys' fees, nd other costs, liabilities and expenses arising out of or in connection ith the approval of th application or related decision, whether or not there is concurrent, pas ive or active negligen of the part of the City, its agents, officers, council members, empl yees, boards, commis ions and their members and the City Council. 6. Prior to the issuance of the first grading or building ermit, the legal prope y owner shall execute and record an unsubordinated covenant in a f rrri approved by the ity Attorney's Office wherein the legal property owner agrees not to c ntest the formation of ny assessment district(s) which maybe formed to finance Platinum Tria gle infrastructure and/ r maintenance, which district(s) could include the portions of the pr perty in the City of Anaheim. The covenant shall not preclude the owner from contesting ( )the determination of enefit of such improvements to the property, (ii) the properties included in said district or area, iii) the manner in which said fee is determined or (iv) the manner in whic said improvement co is are spread. e for compliance witl ;ct costs associated w y the City of Anaheim ure implementation of this resolution on A all mitigation ~ the attached id as required ,ose identified 12, 2007. Electrical 7. That the property owner/developer shall pay for an and electrical source that has the capacity to serve their lc Electrical Engineering Division of the Public Utilities D City electrical facilities shall be at property owner/df hardscape screening of all padmounted equipment shall b the equipment. Said information shall be specifically s permits. ground line extensi ds in an amount d~ ~artment. Any requ eloper expense. I required outside the awn on plans subm to the nearest mined by the . relocation of lscape and/or ;ement area of i for building 8. That the legal property owner shall provide the City of ~ service lines to be determined as electrical design is Electrical Engineering Division of the Public Utilities submitted to the City of Anaheim prior to connection of E iaheim with an easemf completed to the sati department. Said ear ectrical service. for electrical ction of the gent shall be -7- 9, That the property shall be served with underground utilities per the electrical rates, rules, and regulations {most current fees apply), and the City of Anaheim Underground Policy. Fire 10. That the surface for fire access lanes shall be as approved by the Anaheim Fire Department. Said information shall be specifically shown on plans submitted for building permits. 11. That water supply for the automatic fire sprinkler system in Building `A' which straddles the City boundary line shall be supplied from the City of Anaheim. 12. That a private water system with separate water service for fire protection and domestic water shall be provided. Plannin ~ 3. That the exterior building materials for the podium style building on the northerly portion of the property (Building "C") shall include ledge stone or equivalent material, approved by the Anaheim Planning Department, to match the enhancement materials utilized on the exteriors of the other buildings in the project. Said information shall be specifically shown on plans submitted for building permits. 14. That plans for a comprehensive sign program shall be submitted to the Planning Services Division of the Planning Department for review and approval. Any decision by the Planning Services Division regarding the comprehensive sign program, maybe appealed to the Planning Commission as a `Reports and Recommendations' item. 15. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view from public rights-of way and all adjacent properties. Said information shall be specifically shown on the plans submitted for building permits. ~ 6. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 17. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24} hours from time of occurrence. 18. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 19. That prior to the first final building and zoning inspection, the legal property owner shall execute and record with the Orange County Recorder unsubordinated Covenants, Conditions and Restrictions (CC&Rs} applicable to the entire Project in both Anaheim and Orange in a form satisfactory to the Planning Director, Public V~orks Director and the City Attorney, setting forth the requirements of Mitigation Monitoring Program No.126 and the conditions of approval -a- in CUP 2003-04763 and creating maintenance obligations to maintain the project facilities (Maintenance Areas and Facilities) including, but not limited to, the items listed in Exhibit "A" attached to this resolution. 20. That vines shall be planted on solid building walls between Buildings A and C. Said information shall be specifically shown on plans submitted for building permits. 21. That the property owner/developer of the subject property shall submit a letter requesting termination of Conditional Use Permit No. 4125 (to establish an outdoor swap meet facility with waiver of required parking lot landscaping) to the Planning Services Division of the Planning Department. 22. That assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits. 23. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permission of the Management." Said information shall be specifically shown on plans submitted for building permits. 24. That all above-ground utility devices shall be located on private property and outside any required setback area. Said information shall be shown on plans submitted for the first building permits. 25. That the b-foot high wrought iron fence adjacent to State College Boulevard shall not encroach into the required street setback area. Said information shall be shown on plans submitted for the first building permits. 26. That the lower thirty percent (30%) portion of balcony rails shall be finished with a permanent, solid, building material that matches or is otherwise compatible with the building. Said information shall be specifically shown on plans submitted for building permits. Police 27. That closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and the mailroom on the second level of the parking structure to the satisfaction of the Anaheim Police Department. CCTV cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. 28. That an address monument and/or complex map shall be positioned to be readable from the main vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 29. That each individual building and unit shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be -9- illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 30. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 31. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital keypad entry system which conforms to MM 3.11.1-3 of Mitigation Monitoring Program No. 126 shall be included to facilitate quick response by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. 32. That lighting on all levels of the parking structure, and all circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for building permits. Public Works 33. That the property ownerldeveloper shall obtain aright-of way construction permit at the Public Works Engineering counter for all work within the public right-of way, All improvements in the public right-of way, including any repair of existing improvements damaged prior to or during construction at the site, must be complete and accepted by the Field Engineer prior to the first final building and zoning inspection. 3~. That prior to grading plan approval, the property ownerldeveloper shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The property ownerldeveloper shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review upon request. 35. That prior to grading plan approval, the property ownerldeveloper shall submit a Final Water Quality Management Plan (WQMP) specifically identifying the post construction best management practices that will be used on-site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for review and approval. 36. That sanitary sewers and storm drains within the development shall be privately maintained. -10- 37. That the legal property owner of the subject property shall irrevocably offer to dedicate to the City of Anaheim easements for street, public utility and other public purposes for the widening of State College Boulevard to the ultimate right-of way {72-foot half width). 38. That prior to issuance of the first building permit, a lot line adjustment plat shall be submitted to the Subdivision Section (Development Services Division} of the Public Works Department to be re~~iewed and approved by the City Engineer and then recorded in the Office of the Orange County Recorder to combine the three existing lots such that the buildings in the City of Anaheim lie completely within one (1) parcel. 39. That satisfactory proof of compliance that the legal property owner has entered into an out-of area sewer service agreement with the City of Orange as required by Orange Resolution No. PC U4-05 providing that the City of Orange shall serve the portion of the property in the City of Anaheim, shall be submitted to the Development Services Division of the Public Works Department prior to the issuance of the first building permit in the City of Anaheim. 40. That prior to the issuance of building permits, a drainage study shall be submitted to document the existing and proposed drainage patterns. If there is an increase in discharge to the City of Anaheim facilities, the study shall demonstrate that the existing facilities have capacity or mitigation will be required. 41. That a storm drain shall be constructed connecting to the Flood Control Channel as approved and permitted by the Orange County Flood Control District. 42. That the site plan shall indicate existing and proposed impervious area in acres (for storm drain impact fee purposes), gross area (in acres) to the centerline of State College Boulevard (for arterial highway beautification fees purposes) and identify all easements on the property and add a special note far any easements that are proposed to be abandoned or quitclaimed. Said information shall be specifically shown on the plans submitted for building permits. 43. That parkway landscaping along State College Boulevard shall be equipped with parkway irrigation tied into the on-site irrigation system and be maintained by the property owner/developer. Said information shall be specifically shown on the Street Improvement plans submitted to the Public Works Department for work within the public right-of way. 44. That plans submitted for building permits shall be labeled and dimensioned with the existing and proposed right-of way, curb and gutter along State College Boulevard. Said plans shall reflect Street Section Figure 19, "State College Boulevard South of Gene Autry Way", of The Platinum Triangle Master Land Use Plan showing 59 feet to the curb from the centerline of State College Boulevard and a b-foot wide landscaped parkway and a 7-foot wide sidewalk (half street width is 72 feet}. Setback dimensions shall be based on the ultimate right-of way. 4~. That the property owner/developer shall submit street improvement plans to the Public Works Department, Development Services Division, to improve State College Boulevard per Street Section Figure 19 of the Platinum Triangle Master Land Use Plan. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of the first building permit. Aright-of way construction permit shall be obtained from the -11- ..~...y..._„:...~. w.......:.... .,........... Development Services Division for all work performed in the right-of way. The improvements shall be constructed prior to the first final building and zoning inspection. Streets and Sanitation 46. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with exhibits approved in conjunction with this Conditional Use Permit on file with the Planning Department, as said exhibits may be duly amended from time to time, and in conformance with Mitigation Monitoring Program No. 12b. Said information shall be specifically shown on plans submitted for building permits. 47. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 47b and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division and in substantial accordance with exhibits approved in conjunction with this Conditional Use Permit on file with the Planning Department, as said exhibits maybe duly amended from time to time, and in conformance with Mitigation Monitoring Program No. 126. Said turn-around area shall be specifically shown on plans submitted for building permits. 48. That as required by Mitigation Measure 3.13.4-1 of Mitigation Monitoring Program No. 12b, the proposed development shall operate in accordance with a written solid waste management plan to be signed by the legal property owner and included in CC&Rs for the project. Modifications to the solid waste management plan shall only occur if mutually agreed upon by both the legal property owner and the City of Anaheim Director of Public Works. Tr_ 49. That the location of drop-offlpick-up areas and moving plazas shall be in substantial accordance with exhibits approved in conjunction with this Conditional Use Permit on file with the Planning Department, as said exhibits may be duly amended from time to time. Any modifications to said areas shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 50. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of the first building permit. 51. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 43b, 470, 471, and 472, pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 52. That all driveways to the project site shall be constructed with ten {10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. -12- 53. That no required parking area shall be fenced or otherwise enclosed for any other purpose including outdoor storage uses. 54. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No. 1 ] 5 pertaining to sight distance visibility for signs and wall/fence locations. Said information shall be specifically shown on plans submitted for building and sign permits. 55. That all vehicular ramps and grades shall conform to Engineering Standard Plan No. 402, and be approved by the City Traffic and Transportation Manager. 56. That prior to the issuance of the first building permit, the legal property owner shall make an irrevocable easement offer to dedicate to the City of Anaheim 5-foot widths along both the north and southbound lanes of the private access between Orangewood Avenue and the development which area will be constructed by the property ownerldeveloper to accommodate a Class II bikeway to Anaheim Bicycle Master Plan standards. 57. That the secondary driveway into the project from State College Boulevard shall be limited to right turn in and right turn out only. Said information shall be specifically shown on plans submitted for building permits. W 58. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 59. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement twenty (?0? feet in width for water service mains and/or an easement for Large meters, backflow devices and other public water facilities to the satisfaction of the Water Engineering Division of the Public Utilities Department. Backflow devices and large meters shall be located above ground. 60. That all existing water services shall conform to current Water Utility Standards on file in the Water Engineering Division of the Public Utilities Department. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property ownerldeveloper. If the existing services are no longer needed, they shall be abandoned by the property owner/developer. 61. That all requests for new water services or fire lines, as well as any modification, relocation, or abandonment of existing water services and fire lines, shall be coordinated through and re~~iewed for approval by the Water Engineering Division of the Public Utilities Department. -13- 62. That prior to submitting the water improvement plans, the property ownerldeveloper shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 63. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the property owner/developer shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off site water system improvements required to serve the project shall be done in accordance with Rule No.15A.6 of the Water Utility Rates, Rules, and Regulations. 64. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 65, That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The property owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 66. That prior to rendering water service, the property owner/developer shall submit a set of improvement plans for Public Utilities Department, Water Engineering Division, review and approval in determining the conditions necessary for providing water service to the project. 67. That water improvement plans shall be submitted to the Water Engineering Division of the Public Utilities Department for review and approval. A performance bond in the amount approved by the City Engineer, and the form approved by the City Attorney, shall be posted with the City of Anaheim. All required water improvements shall be installed prior to the first final building and zoning inspection. 68. That each unit shall be pre-wired for cable and Internet service. Said information shall be specifically shown on plans submitted for building permits. TiTi_g 69, That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by property owner/developer and which plans are on file with the Planning Department marked Exhibit Nos. l through 12, and as conditioned herein. ~0. That Condition ?V'o. 5, above-mentioned, shall be completed within a period of thirty (30) days from the date of this resolution. -14- EXHIBIT A EXHIBIT "A" MAINTENANCE AREAS AND FACILITIES As a condition of approval of Conditional Use Permit No. 2003-047fi3, the City requires the LEGAL PROPERTY OWNER ("OWNER"} to undertake and implement the maintenance of certain landscaping, private accessways and private utilities, and the performance of other obligations, as set forth in Mitigation Monitoring Program No.12fi and the Conditions of Approval of said Conditional Use Permit. Prior to the first final building and zoning inspection for the first residential dwelling unit, OWNER shall execute and record with the Orange County Recorder a declaration of covenants, conditions and restrictions ("CC&Rs") satisfactory to the Planning Director and the City Attorney creating maintenance obligations for the OWNER to establish a financial mechanism or financial mechanisms to maintain the following: a. Private streets and street lights (including the private accessway from Orangewood Avenue); ~- b. Private sewer and storm drain lines, together with all appropriate appurtenances; c. Landscape and courtyard areas and all drainage facilities (including, but not limited to, french drains, down drains, drainage swales, etc.); d. Landscape maintenance easements; e. Parkway landscaping and irrigation f. Covered on-site storage for bicycles in the parking structure; g. Operablewasher and dryer in each dwelling unit; h. Recreational amenities as depicted on exhibits for Conditional Use Permit No. CUP2003-04763 on file with the Planning Services Division of the Planning Department; i. Archstone Gateway Solid Waste Management Plan, the original signed copy which is on file in the Streets and Sanitation Division of the Public Utilities Department attached hereto as Attachment No. 1. j. Class II bikeway constructed and maintained by the property ownerldeveloper toAnaheim Bicycle Master Plan standards (5-foot widths along both the north and southbound lanes of the private access between Orangewood Avenue and the development}. The CC&Rs shall ensure that the maintenance of the project meets standards associated with luxury apartments, and provides mechanisms to enforce these standards. The property shall be permanently maintained in an attractive, safe and orderly fashion consistent with said standards, including regular landscape and other maintenance, prompt removal of trash or debris, parking and other controls and the removal of graffiti withintwenty-four (24) hours from time of occurrence. The obligations described above and depicted in the Maintenance Exhibit shall collectively be referred to as the "Maintenance Obligations." The OWNER shall be responsible for the maintenance of the Common Area and performance of the Maintenance Obligations, including any additional obligations which may be specified herein. Reconveyance of all or part of the Common Area or any property interest therein to a party other than the OWNER shall require (i) the prior written consent of the City, (ii) appurtenant Basemen#s over the Common Area for the benefit of each and every lot in the Property and (iii) that the reconveyance expressly affirms that the provisions of Civil Code Section 1361 relating to lien rights to enforce delinquent assessments and the CC&Rs shall remain applicable. The CC&Rs may provide any of the Maintenance Obligations may be assumed by a duly formed Platinum Triangle Infrastructure andlor Maintenance Assessment District subject to CITY's written approval. The covenants and restrictions set forth herein constitute a general scheme for the development, protection and maintenance of the Property for the benefit of all owners. Said covenants and restrictions are for the benefit of the Property and shall bind all owners thereof. Such covenants and restrictions shall be a burden upon, and a benefit to, not only the OWNER but also its successors and assigns. All of such covenants and restrictions are intended to be and shall be declared in the CC&Rs to be covenants running with the land or equitable servitudes upon the land, as the case may be. The CC&R's shall provide that termination of the CC&R's or amendment of any provision which may negatively impact performance of the Maintenance Obligations shall require prior written consent of the City. Termination of this Declaration is not a release of Declarant with regard to Declarant's independent obligations in connection with development and approval of the Project or with regard to obligations and liabilities incurred prior to such termination. ATTACHMENT N0.1 TO EXHIBIT "A" ARCHSTONE GATEWAY SOLID WASTE MANAGEMENTPLAN ARCHSTONE GATEWAY SOLID WASTE MANAGEMENT PLAN INTRODUCTION The Archstone Gateway project would incorporate a Solid Waste Management Plan into the physical design and on-going operations of the residential community. The Solid Waste Management Plan is intended to: provide for the safe and efficient disposal and removal of solid waste from the property; and address the multi jurisdictional setting of the project within the City of Anaheim and the City of Orange. The Solid Waste Management Plan would consist of the following two components, which are discussed below: Design and Equipment; and Operational Procedures. DESIGN AND EQUIPMENT The disposal of solid waste at the Archstone Gateway residential development would occur through the use of two separate disposal systems; one for the City of Anaheim and one for the City of Orange. Each system would be comprised of: trash chutes that are labeled with each City's name on each apartment floor; dumpsters on the ground floor of the garages; a 35 cubic foot capacity trash compactor, storage for recyclables, and a bulky item storage area located within an enclosed structure on the grounds of the residential development. The trash compactors would each be configured to accommodate only the dumpsters used by their jurisdiction. The solid waste haulers for each respective City would have a key for access to the residential development via Orangewood Avenue and the private alley to the community to allow for removal of the compacted solid waste, recyclable materials, and bulky items. The following provides a discussion of the solid waste disposal system for the Residential Buildings. Buildin A Residential Building A provides 313 units in the City of Anaheim and 188 units in the City of Orange. To help ensure that trash disposed by the City of Orange residents will be disposed of in the trash room located in the City of Orange and the City of Anaheim residents will dispose of trash in the trash room located in the City of Anaheim, each trash room and each trash chute room door- will be labeled either "For Anaheim Residents Only" or "For Orange Residents Only" and trash chute room walls will be painted to coincide with the respective waste haulers' colors. The trash chutes in Building A would be located in the garage, near the pedestrian walkways between the residential units and garage on each floor. The chutes would empty into separate dumpsters on the ground floor of Garage A. The dumpsters in the City of Anaheim would utilize a cartdumper configured for side pocket dumpster which would be transported to the Anaheim trash compactor located to the east of Residential Building C. The dumpsters in the City of Orange would utilize a cartdumper configured for bottom pocket dumpsters which would be transported to the City of Orange trash compactor located to the east of Residential Building A. Archstone Gatewa~~ Project page 1 Solid Waste Management Plan Version 2/9/05 Buildin B Residential Building B provides 344 units in the City of Orange. There would be trash chutes in Building B located in the garage near the pedestrian walkways between the residential units and garage on each floor. The chutes would empty into dumpsters on the ground floor of Garage B. The dumpsters in Building B would utilize a cartdumper configured for bottom pocket dumpsters which would be transported to the City of Orange trash compactor located to the east of Residential Building A. Buildin C Residential Building C provides 39 units in the City of Anaheim. There would be one trash chute located in the corridors of the residential floors of Building C. The chute would empty into dumpsters in Garage C on the first floor. The dumpsters in Building C would utilize a cartdumper configured for side pocket dumpsters which would be transported to the City of Anaheim trash compactor located to the east of Residential Building C. OPERATIONAL PROCEDURES The disposal of solid waste at the Archstone Gateway project would be addressed with the following operational procedures. • Prior to the execution of a lease, the leasing agents shall provide each resident information and instruction regarding; each City's initiatives to reduce solid waste through recycling, the proper disposal of solid waste from their units into the appropriate trash chute within their building, and the proper disposal of bulk items, including the assessment of charges. • The Community Management shall provide written directions regarding the proper solid waste disposal procedures within the Resident Services Directory. • The on-site Maintenance Crew would receive training regarding the transport of dumpsters to and from the appropriate trash compactor. • The trash enclosures and trash chutes would be maintained on a regular basis to maintain clean and sanitized areas. Maintenance of the trash enclosures would involve collecting all debris and cleaning all wet and dry spills using an approved biodegradable cleaning solution. The trash chute collection areas would be vacuumed and disinfected with the approved biodegradable disinfectant cleaning solution. The trash chute chases and dampeners would be cleaned by applying a mist of an approved biodegradable disinfectant cleaning solution to the surfaces of the chutes and dampeners, followed by lightly rinsing with clean water and wiping them dry. ~•.~'Virh ~bS ~ M • MINI ARAN bit CL~- Arclrstone Gateway Protect Page '~ Solid Wasre Management Platr Version 2/9/0 71. That prior to the issuance of grading permits, Condition Nos. 6, 34, and 35 above-mentioned, shall be complied with. 7?. That prior to issuance of the first building permit, or within a period of two (2) years from the date of this resolution, whichever occurs first, Condition Nos.l, 2, 6, 7, 8, 9,10,11, 12,13,14, 15, 16, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67 and 68 above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 7 ~. That prior to final building and zoning inspections, Condition Nos. 3, 19, 30, 33, 65, 67 and 69, above-mentioned, shall be complied with. 74. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26thday of April, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF IM By MAYOR OF THE C ANAHEIM ATTEST: _ /i f w! ,~d n 1 ~~~.~.. LI.` r ~ f l/V ~ ...f CITY CLERK OF THE CITY OF ANAHEIM 5?492rmgordon/03.17.05 -15-