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1985-537RESOLUTION NO. 85R-537 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2713. WHEREAS, ,the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from STATE COLLEGE PARTNERS, c/o DUNN PROPERTIES, 28 Brookhollow Drive, Santa Ana, California 92702, and BILL SINGER AND ASSOCIATES, 5100 Birch Street, Newport Beach, California 92660, agent for certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL l: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTIOLd 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID FRACTIONAL SECTION, AS SAID EAST QUARTER CORNER IS SHOWN ON THE MAP FILED IN BOOK 43 PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 0° 08' 00" WEST ALONG THE CENTER LINE OF PLACENTIA AVENUE AS SHOWN ON SAID FILED MAP, 335.76 FEET; THENCE SOUTH 89° 59' 35" west 631.98 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE QUITCLAIM DEED TO FALSTAFF BREWING CORPORATION RECORDED JUNE 20, 1961 IN BOOK 5759 PAGE 921 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE SOUTH 0° 41' 11" EAST ALONG SAID EASTERLY LINE, 335.65 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89° 59' 41" EAST ALONG SAID SOUTH LINE, 628.74 FEET TO THE POINT OF BEGINNING. EXCEPT THE SOUTHERLY 200.00 FEET OF THE EASTERLY 203.00 FEET THEREOF. ALSO EXCEPTING ALL RIGHT, TITLE AND INTEREST IN AND TO ~._ THAT PORTION OF SAID LAND SITUATED MORE THAN 500 FEET BELOW THE SURFACE THEREOF, SPECIFICALLY INCLUDING THE RIGHT TO EXPLORE, DRILL FOR, PRODUCE, EXTRACT, TREAT, REMOVE AND MARKET OIL, GAS AND OTHER MINERALS THEREFROM, BUT WITHOUT ANY RIGHT TO ENTER UPON OR UTILIZE THE SURFACE OF SAID LAND OR ANY PART THEREOF ABOVE THE DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY GULF OIL CORPORATION IN A DEED RECORDED JUNE 12, 1967 IN BOOK 8276 PAGE 185 OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE SOUTHERLY 200 FEET OF THE EASTERLY 203 FEET OF THE FOLLOWING: BEGINNING AT THE EAST QUARTER CORNER OF SAID FRACTIONAL SECTION, AS SAID EAST QUARTER CORNER IS SHOWN ON THE MAP FILED IN BOOK 43 PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 0° 08' 00" WEST ALONG TFiE CENTER LINE OF PLACENTIA AVENUE AS SHOWN ON SAID FILED MAP, 335.76 FEET; THENCE SOUTH 89° 59' 35" WEST 631.98 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE QUITCLAIM DEED TO FALSTAFF BREWING CORPORATION RECORDED JUNE 20, 1961 IN BOOK 5759 PAGE 921 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE SOUTH 0° 41' 11" EAST ALONG SAID EASTERLY LINE, 335.65 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89° 59' 41" EAST ALONG SAID SOUTH LINE, 628.74 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A MAP FILED IN BOOK 76 PAGE 10 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO. 123, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN PARCELS 1 AND 2 OF SAID LOT LINE ADJUSTMENT, RECORDED JANUARY 7, 1985 AS DOCUMENT NO. 85-004456 OF OFFICIAL RECORDS 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 givers 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. PC85-249 approving Conditional Use Permit No. 2713; and -2- 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. WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off-street parking requirements, as follows: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: -3- 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or 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 the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2713 be, and the same is hereby, granted permitting a 10-story and 12-story commercial office complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.0212 - Minimum number of parking 18.06.080 spaces. (1,844 spaces re- AND 18.41.066.050 - quired; 1,755 spaces pro- posed) SECTION 18.41.062.011 - Maximum structural height. (133 an d 135 feet permitted within 300 feet of single- family residential zoning; 154 fee t 6 inches and 181 feet 6 inches proposed 266 and 270 feet from single- family residential zoning to the sou th) SECTION 18.41.063.030 - Minimum landscaped setback. (10 feet required adjacent to the west property line; none proposed) subject to the following conditions: 1. 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. 2. 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. 3. That the existing curb, gutters and sidewalk shall be removed and reconstructed to provide a right turn lane on State College Boulevard and bus bay on Orangewood 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 -4- 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. 4~. That a solid median (except for one (1) opening providing left turn access from State College Boulevard) extending from Orangewood Avenue northerly to a point south of the Atchison, Topeka and Santa Fe Railway shall be installed to the satisfaction of the City Traffic 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. 5. That dual left turn lanes southbound on State College Boulevard shall be installed to the satisfaction of the City Traffic 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 construction of said lanes. Said security shall be posted with the City prior to issuance of building permits to guarantee the construction of said lanes prior to occupancy. 6. That street lights along State College Boulevard and Orangewood Avenue shall be removed and reinstalled 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 drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer and shall consist of construction of a storm drain in Orangewood Avenue from State College Boulevard to the O. C. F. C. D. Southeast Anaheim Facility, or another alternative acceptable to 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 -5- improvements prior to occupancy. A drainage reimbursement agreement shall be available to the developer, upon request to the City Engineer. 8. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along State College Boulevard and Orangewood Avenue in an amount as determined by the City Council. 9. 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. 10. That fire sprinklers shall be installed as required by the City Fire Marshal. 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 subject property shall be served by underground utilities. 13. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 14. That the developer shall relocate existing traffic signals at Orangewood Avenue and State College Boulevard and modify for full eight (8) phase operation as approved by the City Traffic Engineer prior to occupancy and that a reimbursement agreement shall be made available to the developer at the developer's request. 15. That prior to issuance of a building permit, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney agreeing that if, within three (3) years following occupancy of the office buildings, the City conducts a traffic study which indicates that the off-street parking is inadequate for the office buildings, said owner shall construct a parking structure on the subject property or shall otherwise provide additional off-street parking in a number (not to exceed 89 additional spaces for a total of 1,844 spaces) and manner satisfactory to the City Engineer. Compliance with the terms of the aforesaid covenant is an express and continuing condition of this permit. Additionally, prior to issuance of a ._.. building permit, said owner(s) shall post a faithful performance bond with the City or submit a letter of credit or other guarantee acceptable to the City in an amount as required by the City Engineer to guarantee installation of said additional parking, which amount shall be deemed liquidated damages payable to the City in the event that any such required parking is not constructed in a timely manner. -6- 16. That prior to issuance of a building permit the ultimate driveway location on State College Boulevard shall be reviewed and approved by the City Traffic Engineer. 17. That prior to issuance of a building permit, the applicant shall submit written evidence to the City showing that a Letter of Map Amendment has been obtained from the Federal Emergency Management Agency, unless the City Flood Hazard Reduction Ordinance (No. 4236) is to be satisfied. 18. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402-A pertaining to standard details for parking structures and ramp requirements. 19. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 20. That the proposal shall comply with all signing requirements of the CO Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 21. That this Conditional Use Permit is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 85-86-02, now pending. 22. That prior to the issuance of a building permit for the Phase 2 and Phase 3 office buildings, final design plans shall be submitted to the Planning Department for review and approval by the Planning Commission. 23. That prior to the issuance of any building permits for Phase 2 or 3 buildings, a fee equal to X2.10 per square foot of building gross floor area or such other greater amount as hereinafter is established by ordinance and applicable to the property shall be paid to the City of Anaheim, to be collected by the Chief Building Official, and shall be adjusted annually per the Construction Cost Index for Construction Costs in the Los Angeles Area published in the Engineering News-Record Construction Cost Index. 24. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that a six (6) foot high masonry block wall should be constructed and maintained along the north property line. 25. That prior to issuance of a building permit, or within a period of two (2) years from the date of this resolution, whichever occurs first, Condition Nos. 1 through 8, 15, 17, 18, 21, 22 and 23, 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. -7- 26. That prior to final building and zoning inspections, Condition Nos. 3 through 7, 10, 11, 12, 13, 14, 19 and 24, above-mentioned, shall be complied with. 27. 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 ninety (90) days from the date of this resolution, whichever occurs first, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of any assessment district(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. Failure to comply with this condition within the specified time shall render this Conditional Use Permit null and void. 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 17th day of December, 1985 . e R OF THE IT OF ANAHEIM ATTEST: `, r .. 7~^-~ CITY CLERK OF THE CITY OF ANAHEIM JWF : f m 4711M 012786 -8- .w 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-537 was introduced and adopted at a regular ~''~ meeting provided by law, of the City Council of the City of Anaheim held on the 17th day of December , 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. 85R-537 on the 17th day of December, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of December, 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-537 duly passed and adopted by the .Anaheim City Council on December 17, 1985. ~' CITY CLERK