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1985-261RESOLUTION NO. 85R-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2660. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from C C & F LA PALMA INVESTMENT COMPANY, owner, to permit an industrially-related two-story office complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 2: THE SOUTH 61.34 FEET OF THAT PART LYING WEST OF THE EAST 764.79 FEET OF LOT 10 IN BLOCK 36 OF THE YORBA LINDA TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGES 17 AND 18 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE EAST 25 FEET. PARCEL 3: LOT 11 IN BLOCK 36 OF THE YORBA LINDA TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGES 17 AND 18 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTH 30 FEET AND THE EAST 39.79 FEET. ALSO EXCEPTING THEREFROM A 2/3RDS INTEREST IN AND TO THE WATER WELL AND PUMPING PLANT LOCATED ON SAID LOT 11, AS DESCRIBED IN AGREEMENTS BETWEEN GEORGE H. SCHROEDER AND OTHERS RECORDED JUNE 30, 1934 IN BOOK 688, PAGE 37 OF OFFICIAL RECORDS, AND IN BOOK 683, PAGE 256 OF OFFICIAL RECORDS; 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. PC85-118 denying Conditional Use Permit No. 2660; 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. 2660 be, and the same is hereby, granted permitting an industrially-related two-story office complex on the hereinabove described real property, subject to the following conditions: 1. That the owner offer to dedicate to the thirty-two feet (32') in along Richfield Road and centerline of the street widening purposes. of subject property shall irrevocably City of Anaheim a strip of land width from the centerline of the street fifty-three feet (53') in width from the along La Palma Avenue for street 2. That all engineering requirements of the City of Anaheim along Richfield Road and La Palma 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 -2- 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 street lighting facilities along Richfield Road and La Palma 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. 4. 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. 5. 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 new industrial buildings and office buildings. 6. 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. 7. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That subject property shall be served by underground utilities. 10. 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. 11. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 12. That fire sprinklers shall be installed as required by the City Fire Marshall. 13. That all air conditioning facilities and other roof and ground-mounted equipment shall be properly shielded from view. -3- 14. That the proposal shall comply with all signing requirements of the ML(SC) Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 15. That the proposed office be limited to the following listed reviewed and approved by the City said uses shall be recorded in the Recorder, a copy of which shall be Department: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. uses for subject property shall uses and that a covenant attorney's Office so limiting Office of the Orange County presented to the Planning Accounting - Bookkeeping, CPA Firms or Temporary CPA Firms Advertising Appraisers Banks Brokers - Real Estate, Business Opportunities, etc. Business System Companies Communication Consultant Credit Reporting Agency Designer - Industrial, Interior, Graphic Development Companies Insurance Companies/Agencies Inventory Services Leasing Companies Management Consultants/Companies Marketing Research Personnel Agency Sales Office (outside, as it relates industrial) Secretarial Services Any use permitted under Zoning Code 18.61.020, subject to all conditions section. to the Section of said 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. 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 10. 17. That prior to the commencement of the activity authorized under this resolution, or 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, 2, 3, 4, 5, 6 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. -4- 18. That prior to the commencement of the activity authorized under this resolution, or final building and zoning inspections whichever occurs first, Condition Nos. 7, 8, 9, 11, 12, 13 and 17, above-mentioned, shall be complied with. 19. That prior to commencement of the activity herein approved or issuance of any occupancy permit for any of the uses identified in Condition No. 15, preceding, the property owner(s) shall record the covenant described in Condition 15 above. 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 25th day of June, 1985. MAYOR OF THE CITY OF ANA M ATTEST: ~.___ CITY CLERK OF THE CITY OF ANAHEIM JLW:fm 3879M 070585 -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~' I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 85R-261 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of June, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt 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. 85R-261 on the 25th day of June, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of June, 1985. 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. 85R-261 duly passed and adopted by the Anaheim City Council on June 25, 1985. CITY CLERK