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1985-466RESOLUTION NO. 85R-466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2711. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from DUNN PROPERTIES CORP., 28 Brookhollow Drive, Santa Ana, California 92705, for an industrially-related office complex in the ML(SC) Zone upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PROPOSED PARCEL MAP 84-254, BEING A SUBDIVISION OF THE FOLLOWING DESCRIBED LAND: PARCELS 1 AND 8 INCLUSIVE, AND KITTY COURT, AS VACATED BY RESOLUTION NO. 84R-469 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 4, 1985 AS DOCUMENT NO. 85-003043, OFFICIAL RECORDS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 154, PAGES 35 TO 41 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC85-196 denying Conditional Use Permit No. 2711; 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 reversed said conditional use permit be, and the same is hereby, granted and that Conditional Use Permit No. 2711 be, and the same is hereby, granted permitting an industrially-related office complex in an ML(SC) 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 new commercial buildings. (Building Nos. 1, 2 and 3) and for new industrial buildings (Building No. 4). 2. That sidewalks shall be installed along Kellogg Drive as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That street lighting facilities along Kellogg Drive 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 -2- with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 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. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 9. 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. 10. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 11. That the proposed office uses (limited to Building Nos. 1, 2 and 3 having a total square footage of 104, 166 sq. ft. and as shown on Exhibit No. 1) 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) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) 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 Defense/Aerospace Industry Consultants and Subcontractors Designer - Industrial, Interior, Development Companies Industrial Medical Clinic and/or maximum gross floor area of 5,000 Information Processing Companies Insurance Companies/Agencies Inventory Services Leasing Companies Management Consultants/Companies Marketing Research Personnel Agency Graphic, Commercial Offices (limited to a sq. ft.) Sales Office (outside, as it relates to the industrial) Secretarial Services Software Design & Distribution -3- (23) Tele-Communication Companies (24) Any use permitted 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. 12. 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 12. 13. 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 (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1 and 5, 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. 14. That prior to final building and zoning inspections, Condition Nos. 2, 3, 4, 6, 8, 9, 10, 11 and 12. 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 5th day of November, 1985. /~ 6 ~ MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JWF:fm 4456M 111985 -4- 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-466 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of November, 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-466 on the 5th day of November, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of November, 1985. CITY C ERK OF THE C TY 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-466 duly passed and adopted by the Anaheim City Council on November 5, 1985. a / •~ C_ CITY CLERK ''"`,~,