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86R-043 RESOLUTION NO. 86R-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2748. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from STEINY & COMPANY, INC., 2230 East Orangethorpe Avenue, Fullerton, California 92631, owner, and BAY DEVELOPMENT CORPORATION, 19600 Fairchild, Suite 200, Irvine, California 92715, agent, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THOSE PORTIONS OF THE THIRD CLASS ALLOTTED TO F. YORBA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA, A CERTIFIED COpy OF WHICH HAS RECORDED FEBRUARY 8, 1974 IN BOOK 28, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 87, PAGE 17 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; 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, 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. PC86-9 denying Conditional Use Permit No. 2748; 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 consi- deration 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 adjoin- ing 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. 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 denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2748 be, and the same is hereby, granted permitting an industrially-related office complex in the ML(SC), Industrial, Limited (Scenic Corridor Overlay) Zone on the hereinabove described real property, subject to the following conditions: 1. That prior to issuance of a building permit! the appropriate traffic signal assessment fee shall be paId to the City of Anaheim in an amount as determined by the City Council for each new commercial and industrial building. 2. That all engineering requirements of the City of Anaheim along Lakeview Avenue, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to issuance of building permits, to guarantee the installation of the above-required improvements prior to occupancy. 3. That prior to issuance of a building permit, the owner of subject property shall pay the appropriate drainage assessment fees to the City of Anaheim in an amount as determined by the City Engineer. -2- 4. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That street lighting facilities along Lakeview Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 7. That subject property shall be served by underground utilities. 8. 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. 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 11. That as required and approved by the City Traffic Engineer, a median island shall be constructed on Lakeview Avenue beginning 60 feet north of the northerly property line and running southerly to connect with the existing median island. 12. That the proposal shall comply with all signing requirements of the ML Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 13. That the proposed office uses shall be limited to the following listed uses and that a covenant reviewed and approved by the City Attorney's Office so limiting said uses shall be recorded in the Office of the Orange County Recorder, a copy of which shall be presented to the Planning Department: 1. Accounting - Bookkeeping, CPA Firms or Temporary CPA Firms 2. Advertising -3- 3. Appraisers 4. Banks 5. Brokers - Real Estate, Business Opportunities, Etc. 6. Business System Companies 7. Communication Consultant 8. Credit Reporting Agency 9 Designer - Industrial, Interior, Graphic 10. Development Companies 11. Insurance Companies/Agencies 12. Inventory Services 13. Leasing Companies 14. Management Consultants/Companies 15. Marketing Research 16. Personnel Agency 17. Sales Office (Outside, as it relates to the industrial) 18. Secretarial Services 19. Any use permit under Zoning Code Section 18.61.020, subject to all conditions of said Section Each individual use shall require the approval of the Planning Department prior to occupancy which approval shall only be given when it is demonstrated by the applicant that such use is either an expressly permitted use in such zone or meets the criteria of Section 18.61.050.605 of the Anaheim Municipal Code. 14. That the owners of subject property shall acquire a recorded covenant granting an access easement from the property owner immediately south of subject property for ingress and egress purposes to subject property. Said easement shall be designed in a manner satisfactory to the City Traffic Engineer and said covenant shall be in a form satisfactory to the City Attorney. -4- 15. That prior to the issuance of a building permit subject property owner shall pay $1.05 per square foot for financing and construction of the Foothill/Eastern Transportation Corridor pursuant to the Major Thoroughfare and Bridge Fee Program, adopted by City Council on September 24, 1985. 16. 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 5. 17. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 10, 13, 14 and 15, 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. 18. That prior to final building and zoning inspections, Condition Nos. 2, 4, 5, 6, 7, 9, 11 and 16, 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of January, 1986. ~ t /J~ MAmlf OF --E 'dT: ~ ATTEST: CIT~ciF ~ ~NAHEiM JWF : fm 4896M 031786 -5- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-43 was introduced and adopted at a special meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of January, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, 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. 86R-43 on the 28th day of January, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of January, 1986. ~~ ?(~ CITY CLERK OF THE CITY OF ANAHEIM- (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-43 duly passed'and adopted by the Anaheim City Council on January 28, 1986. ~eL-~ ~ CITY CLERK