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1985-438RESOLUTION NO. 85R-438 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 2462 AND AMENDING RESOLUTION NO. 84R-37 WHEREAS, the City Council of the City of Anaheim heretofore adopted Resolution No. 84R-37 approving Conditional Use Permit No. 2462, to permit two 234-foot high, 180-unit residential condominium towers upon certain real property described therein, subject to certain conditions specified therein; and WHEREAS, the permittee has heretofore filed an application for amendment to certain of said conditions of approval; and WHEREAS, the City Council has heretofore held a duly noticed public hearing which hearing was continued from time to time, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said application; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said conditional use permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit Case No. 2462 be, and the same are hereby, amended in their entirety to read as follows: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land of variable 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 between Katella Avenue and the southerly boundary of the subject property, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, 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 approval of improvement plans, to guarantee 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 such that will permit the travel lanes to remain unflooded in a 10-year design storm. Said storm drain shall extend southerly from Katella Avenue through subject property and continuing across property located directly south of subject property to the existing drain north of Orangewood Avenue. To the extent said storm drain substantially benefits other properties within the drainage district, the City shall establish a benefit district therefor and the property owner shall be entitled to reimbursement for the portion of the cost of such facilities, including any right-of-way therefor, 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 development within the district. Said benefit district shall be established prior to issuance of building permits for any portion of the project or within such other time as set forth in the agreement specified in Condition No. 30 hereof. Said storm drain improvements shall be installed prior to final building and zoning inspections and occupancy of any portion of the project. 4. That prior to the issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 5. 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. 6. That subject property shall be served by underground utilities. 7. 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. 8. The 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. 9. That exercise of this Conditional User Permit is contingent upon the completion of Reclassification No. 82-83-35, now pending. -2- 10. That service for sanitary sewers shall be from the existing 21-inch sewer in Katella Avenue. 11. That exercise of this Conditional Use Permit is contingent upon the completion of Reclassification No. 82-83-26 (removal of the (MHP) Overlay Zone), now pending. 12. 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. 13. That the proposed residential high-rise towers shall be sprinklered in compliance with Fire Department requirements. 14. That the developer shall provide and maintain a television 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. Prior to occupancy of any condominium, the developer shall construct median islands along Katella Avenue from Haster Street to Clementine Street without median breaks. 16. Prior to occupancy of any condominium, the developer shall construct median islands along Katella Avenue from Clementine Street to the easterly terminus of an existing median east of Harbor Boulevard without median breaks. 17. Prior to occupancy of any condominium, the developer shall modify the traffic signal at the intersection of Katella Avenue and Clementine Street as required by the City Traffic Engineer. 18. That prior to issuance of building permits the developer shall pay the traffic signal assessment fees minus the cost of traffic signal modifications made at Katella Avenue and Clementine Street (as required by the preceding Condition No. 17). Prior to occupancy of any condominium, the developer shall pay (or City shall refund) any difference between the actual and estimated cost of said traffic signal modifications as credited toward said fees. 19. That a standpipe delivery system, emergency on-site water storage and fire control rooms be provided as reviewed and approved by the Fire Department. 20. 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 -3- determined by the Anaheim Fire Chief pending completion of a study. 21. 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. 22. 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. 23. That prior to issuance of a building permit, the owner of subject property shall record a covenant, in a form approved by the City Attorney and the Planning Director, prohibiting conversion of the individual residential condominium units to time share residential condominium units. 24. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects." 25. That this conditional use permit is granted subject to the approval of a tentative tract map. 26. That prior to final tract map approval, the original documents of the covenants, conditions, and restrictions, and a letter addressed to the developer's title company authorizing recordation .thereof, shall be submitted to the City Attorney's Office and approved by the City Attorney's Office and Engineering Division. Said documents, as approved, will then be filed and recorded in the Office of the Orange County Recorder. 27. That all offsite real property interests necessary to comply with the requirements set forth in this resolution shall be acquired and dedicated to the City of Anaheim either by direct acquisition or by the developer, or by condemnation by the City pursuant to the acquisition agreement specified in Condition No. 30 hereof at the initial cost and expense of developer within the times otherwise specified in this resolution. 28. That the developer shall supply, if needed, an additional source of water to meet anticipated fire flow requirements as reviewed and approved by the Water Engineering Division. ,,.w,.. 29. That, to the extent that the storm drain improvements required in Condition No. 3 of this Resolution benefit other properties within an as yet undetermined benefit area, the property owner shall be entitled to reimbursement, to the extent permitted by law, for the portion of the cost of such improvements, including the cost of any right-of-way acquisition, benefiting such other properties upon -4- the establishment of said benefit district and execution of a Reimbursement Agreement between the property owner and the City for reimbursement from fees subsequently collected from future developers within the district. The costs of establishing said benefit district shall be initially borne by the property owner, including any initial studies found necessary to determine the extent of improvements as well as the size and scope of such benefit area. The cost of such benefit district formation and/or studies will be included as a reimbursable cost of the benefit district. Said benefit district and Reimbursement Agreement shall be approved prior to the issuance of building permits for the offsite improvements required by this Resolution. 30. That, in the event developer has been unable to acquire the offsite rights-of-way necessary to comply with Condition Nos. 3 and 27 of this Resolution within sixty (60) days following the date of this Resolution, the developer and the City shall enter into an acquisition agreement for the acquisition of said rights-of-way through exercise of the power of eminent domain by the City. Said agreement shall be entered into upon terms consistent with the provisions of this Resolution. In the event such eminent domain action is filed in court by the City, and notwithstanding any other provision of this resolution, building permits shall thereafter be issued by City upon (i) proper application by the developer, (ii) execution by developer of an agreement obligating the developer to pay the right-of-way acquisition cost as finally determined by such court judgment or settlement prior to final building inspection and occupancy of any portion of the project, and (iii) deposit of security in an amount and form approved by the City Attorney to guaranty performance of such payment obligation by developer. 31. That prior to the commencement of the activity authorized under this resolution, 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, 3, 9, 11, 20 and 27, 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. 32. That prior to final building and zoning inspections, Condition Nos. 6, 8, 13, 14, 19, 21, 22 and 28, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution and the approval of Conditional Use Permit No. 2462 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 or contained in -5- Resolution No. 84R-37, shall be deemed null and void. BE IT FURTHER RESOLVED that, except as expressly amended herein, Conditional Use Permit No. 2462 and Resolution No. 84R-37 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted this 1st day of October 1985. ~~ MAY F THE CITY OF ANAHEIM ATTEST: ~~ CITY CLERK OF HE CITY OF ANAHEIM JLW:kh 3532U 082885 -6- CLERK 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-438 was introduced and adopted at a regular ~. meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of October, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-438 on the 1st day of October, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of October, 1985. i~ 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-438 duly passed and adopted by the Anaheim City Council on October 1, 1985. ./~ CITY CLERK