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91-019 RESOLUTION NO. 91R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3356. 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 to permit two 13-story, 200-foot high office towers (289,000 sq.ft. each); one 3-story, 134-room all-suite hotel (including full kitchens); one 10,000 sq.ft. restaurant with a cocktail lounge; and 6,000 sq.ft. of specialty service/retail uses including fast food; in conjunction with one 7-level parking structure upon certain real property located within the city of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 24 TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE L~ND DESCRIBED IN THE DEED TO THE SANTA FE RAILROAD COMPANY (FORMERLY THE CALIFORNIA CENTRAL RAILWAY COMPANY) RECORDED MAY 4, 1962 IN BOOK 6098 PAGE 393, OF OFFICIAL RECORDS. THAT PORTION OF LOT 5 IN TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE CENTERLINE OF KATELLA AVENUE, AS DESCRIBED IN THE DECREE OF CONDEMNATION, RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397, OFFICIAL RECORDS. EXCEPT THAT PORTION OF SAID LAND LYING EASTERLY OF THE EAST LINE OF THE LAND DESCRIBED IN DEED TO MAURICE E. BIVENS, ET UX., RECORDED JUNE 17, 1927 IN BOOK 62, PAGE 45 OF OFFICIAL RECORDS. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 51, PAGE 38 OF RECORDS OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; 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 CUP #3356 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. PC90-276 granting Conditional Use Permit No. 3356; 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 consideration 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 adjoining 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and CUP ~3356 - 2 - 2. The granting of the variance(s) 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, for the reasons hereinabove stated, Conditional Use Permit No. 3356 be, and the same is hereby, granted permitting two 13-story, 200-foot high office towers (289,000 sq.ft. each); one 3-story, 134-room all-suite hotel (including full kitchens); one 10,000 sq.ft. restaurant with a cocktail lounge; and 6,000 sq.ft. of specialty service/retail uses including fast food; in conjunction with one 7-level parking structure 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 18.06.050.022 spaces. 18.06.050.0231 (311 required for Phase I; 199 18.06.050.0233 proposed for Phase I [sufficient 18.06.050.0241 parking proposed at build-out]) and 18.41.066.050 subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the adoption of a zoning ordinance in connection with Reclassification No. 90-91-17, now pending. 2. That prior to the issuance of the first building permit in Phase I (the hotel component), the legal owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 690 and Variance No. 2765 to the Zoning Division of the Planning Department. 3. That pursuant to Chapter 17.30 of Title 17 of the Anaheim Municipal Code, prior to the issuance of each building permit or as otherwise provided for in Section 17.30.050 of the Anaheim Municipal Code, a development fee for the Anaheim Stadium Business Center shall be paid to the City of Anaheim in an amount as determined by the City Council. 4. That prior to the issuance of each building permit, a development fee for the Anaheim Stadium Business Center shall be paid to the City of Anaheim in an amount in accordance with Chapter 17.31 of Title 17 of the Anaheim Municipal Code. 5. That an amount equal to one dollar and five cents ($1.05) per gross square foot of building area, as adjusted in accordance with the Engineering News Record-Construction Cost Index for the Los Angeles Area, shall be paid to the City of Anaheim prior to the issuance of each building permit, excluding the CUP #3356 hotel and parking structure. prior to the issuance of the first building permit, the legal owner(s), shall execute and submit to the City a statement acknowledging the validity of this condition and that the condition is binding upon legal owner(s) successors. 6. That prior to the issuance of each building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as established by City Council resolution. 7. That prior to the issuance of the first building permit in Phase I (the hotel component), a coordinated sign program for the project shall be reviewed and approved by the Planning Commission as a Report and Recommendation item. 8. That prior to the issuance of each building permit, final design plans for the structure shall be submitted to and approved by the Planning Commission as a Report and Recommendation item. 9. That in the event subject property is to be divided for the purpose of sale, ground lease or financing, a Parcel or Tract 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. 10. That in the event a Parcel or Tract Map or Lot Line Adjustment is recorded on subject property, an unsubordinated reciprocal utility and drainage (including access) easement between parcels, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder, to the extent required by such approved division and by the city of Anaheim, prior to the issuance of any building permit. A copy of the recorded document shall then be submitted to the Zoning Division of the Planning Department. 11. That in the event a Parcel or Tract Map or Lot Line Adjustment is recorded on subject property, an unsubordinated reciprocal access and parking agreement, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder prior to the issuance of any building permit. A copy of the recorded agreement shall then be submitted to the Zoning Division of the Planning Department. 12. That the improvements identified below shall be completed prior to final building and zoning inspections for the first building in Phase I (the hotel component). Prior to the issuance of the first building permit in Phase I, plans shall be submitted to the subdivision Section of the Public Works/Engineering Department and security in the form of a faithful performance bond, certificate of deposit, letter of credit or cash, shall be posted with the city of Anaheim in an CUP #3356 - 4 - amount and form approved by the City of Anaheim to guarantee the satisfactory completion of said improvements. The improvements are as follows: a. Install a multi-phased traffic signal at the eastern-most project entry on Katella Avenue. Include appropriate signing and striping to the satisfaction of the City Traffic Engineer. b. Install a separate westbound right-turn only lane (twelve [12] feet wide, two hundred [200] foot long storage plus sixty [60] foot transition) at the eastern-most project driveway on Katella Avenue for inbound project traffic coming from the east on Katella Avenue. 13. That prior to the issuance of the first building permit in Phase I, (the hotel component) plans shall be submitted to the City Traffic Engineer for review and approval showing the location of an on-site bus bay; and, prior to final building and zoning inspections for the first building in Phase I the bus bay shall be constructed. 14. That the improvements identified below shall be completed prior to final building and zoning inspections for the first building in Phase II. Prior to the issuance of the first building permit in Phase II, plans shall be submitted to the Subdivision Section of the Public Works/Engineering Department and security in the form of a faithful performance bond, certificate of deposit, letter of credit or cash, shall be posted with the City of Anaheim in an amount and form approved by the City of Anaheim to guarantee the satisfactory completion of said improvements. The improvements are as follows: a. Provide one (1) westbound right-turn only lane at the northeast corner of Katella Avenue and State College Boulevard consistent with City of Anaheim Critical Intersection Standard Detail No. 138. b. Provide at the southbound approach at the eastern-most project driveway on Katella Avenue dual left-turn lanes and a free right-turn lane. c. Install a raised median island along Katella Avenue east of the project entrance to the existing median and west of the project entrance to the State College Boulevard intersection. The median shall provide two hundred twenty (220) feet of storage for left-turns into the project entrance and shall be consistent with City of Anaheim Critical Intersection Standard Detail No. 138 and City of Anaheim Guidelines and Specifications for Median Island Landscape Development dated September 1988. CUP #3356 - 5 - d. Provide a concrete bus pad per Orange County Transit District Design Guidelines For Bus Facilities to the satisfaction of the City Traffic Engineer west of the western-most driveway on Katella Avenue. 15. That if the City of Anaheim is constructing or has already constructed the State College/Katella Critical Intersection, the developer shall, prior to issuance of the first building permit for Phase II, make a cash payment to the City of Anaheim to reimburse the City for all costs associated with improvements identified in Condition No. 14, above, involving said intersection. 16. That no access from State College Boulevard shall be permitted for Phase II until all circulation improvements conditioned herein for Phase II of the project on State College Boulevard are completed. 17. That prior to the issuance of the first building permit for Phase II, the developer shall provide three and two tenths percent (3.2%) of the total cost of the Katella Avenue/Haster Street intersection improvement as determined by the City Engineer. Said contribution shall be subject to adjustment in accordance with the Engineering News Record-Construction Cost Index for the Los Angeles Area. 18. That prior to the issuance of the first building permit for Phase III, the developer shall provide six and thirty four hundredths percent (6.34%) of the total cost of the I-5/Santa Ana Freeway northbound ramp/Katella Avenue improvements and seven and fifteen hundredths percent (7.15%) of the total cost of the Katella Avenue/Claudina Way intersection improvements, both as determined by the City Engineer. Said contribution shall be subject to adjustment in accordance with the Engineering News Record-Construction Cost Index for the Los Angeles Area. 19. That the signalized driveway of Katella Avenue shall be constructed with twenty-five (25) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards; and, all remaining driveways shall be constructed with fifteen (15) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards. 20. That prior to the issuance of any building permits, plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with the latest revision of Engineering Standard Plan Nos. 436, 602 and 605 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 21. That prior to the issuance of any building permits, the legal owner(s) of subject property shall execute and record an CUP #3356 - 6 - unsubordinated covenant in a form approved by the City Attorney wherein such owner(s) agree not to contest certain vehicular turning movement restrictions on State College Boulevard as a result of the future railroad grade separation on State College Boulevard. 22. That prior to the issuance of any building permits, the legal owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney wherein such owner(s) agree to submit a parking study to the City Traffic Engineer, prepared ninety (90) days after hotel opening and submitted within one hundred twenty (120) days of hotel opening for approval. If it is determined that additional temporary lot located west of the signalized Katella Avenue entrance driveway; and at the completion of the Phase II parking structure, the additional spaces shall be provided in said structure via a reciprocal agreement between the owners. 23. That prior to the issuance of a building permit for the first building in Phase I (the hotel component), a parking plan indicating compliance with City parking lot design standards shall be submitted to and approved by the City Traffic Engineer. 24. That prior to the issuance of each building permit, a plan shall be submitted to the City Traffic Engineer for review and approval addressing how the required parking and adequate access is to be maintained during construction activities. The applicant shall maintain adequate on-site parking availability to accommodate parking demands imposed by site users in accordance with parking requirements established by the City of Anaheim in effect at the time building permits were issued for those prior phases of the project. These parking requirements shall only be required for those site tenants who will occupy the project during the period of construction. 25. That prior to the issuance of a building permit for any portion of the parking structure design showing compliance with the Public Works-Engineering Department's Standard Plan Nos. 402 and/or 604 pertaining to standard details for parking structures and ramp requirements shall be submitted to and approved by the City Traffic Engineer. 26. That prior to the issuance of a building permit for any expansion of the parking structure, a plan shall be provided to the City Traffic Engineer for his review and approval addressing how the required parking and adequate access is to be maintained during the expansion. The applicant shall maintain adequate on-site parking availability to accommodate parking demands imposed by site users in accordance with CUP #3356 - 7 - parking requirements established by the City of Anaheim in effect at the time building permits were issued for those prior phases of the project. These parking requirements shall only be required for those site tenants who will occupy the project during the period of construction. 27. That the parking structure shall incorporate architectural detail compatible with that of the proposed office towers/hotel and demonstrate compatibility of materials. Final design plans for the parking structure or any expansion thereof shall be submitted to and approved by the Planning Commission prior to the issuance of a building permit. 28. That the property owner shall provide regular maintenance and sweeping of parking facilities. 29. That prior to the issuance of the first building permit, the owner shall execute and record a covenant in a form approved by the City Attorney to the effect that the use of the parking facilities to be provided for the project shall be limited to tenants, employees and patrons of the project; and that said parking facilities shall not be made available for use by visitors and patrons of the Anaheim Stadium or any arena which may be constructed within the Anaheim Stadium Business Center without the prior written agreement between the owner and the city of Anaheim. Said covenant shall further provide that the parking facilities shall be visibly posted indicating that public parking is prohibited on days of scheduled events at Anaheim Stadium and/or the arena. 30. That the Transportation Demand Management (TDM) Plan shall comply with Regulation XV of the South Coast Air Quality Management District; and, shall include, but not be limited to, the following: a. Provide an on-site, qualified rideshare coordinator when more than two hundred fifty thousand (250,000) sq.ft. of office tower has been constructed. However, in the event that more than eighty percent (80%) of the employees are served by employer-provided services of a rideshare coordinator or rideshare coordinator services, an on-site coordinator shall not be required. Alternate methods of providing such services, such as a shared coordinator with adjacent projects, may be used with the approval of the City Traffic Engineer. b. Encourage van pooling by maintenance of a minimum vertical clearance in the parking structure of seven feet two inches (7'2") in all of the aisles and eighty percent (80%) of the parking spaces. Encourage employers to subsidize vanpools. CUP ~3356 - 8 - c. Lease arrangements shall provide incentives for employees to rideshare including preferential parking, subsidize required paid parking and provide each new employee with information on rideshare, van pool, public transportation and alternate transportation opportunities. d. Encourage use of public transit by providing walkways to access bus shelters and distribution of public transit schedules. Encourage tenants to subsidize the cost of employee's public transportation costs as an alternate to subsidized parking. 31. That the developer shall construct the on-site sewer system identified as Alternative A in the Contract Engineering Corporation Sewer Study dated June 19, 1990, which is included in the Technical Appendices to Final EIR No. 304 - Central Park Towers, dated November 1990. 32. That prior to the issuance of each building permit, the owner shall pay sewer connection fees as required by the Orange County Sanitation District. 33. That all grading and earthwork (other than grading for landscape purposes) shall be performed under the observation of a registered soils engineer in order to achieve proper subgrade preparation, selection of satisfactory materials and placement and compaction of all structural fill. 34. That any existing on-site, "non-engineered" fills shall be removed or recompacted. No abandoned subsurface structural elements such as existing foundations and utility lines shall remain on the site. 35. That the registered soils engineer shall be notified in the event that subsurface conditions are exposed during construction which are significantly different from those described in the geological reports. 36. That, if required by the registered soils engineer or the City Engineer, special site preparation or special foundation work shall be completed to correct potential differential compaction and expansive soil conditions. 37. That all structures shall be developed in accordance with the Seismic Design provisions identified in Chapter 23, Section 2312 of the Uniform Building Code. 38. That prior to issuance of the first building permit for each phase, all grading plans, grading schedules and procedures shall be approved by the Public Works-Engineering Department. 39. That grading of subject property shall conform to Chapter 17.04 "Grading, Excavations, Fills and Water Courses" of the Anaheim Municipal Code. CUP ~3356 - 9 - 40. That the developer shall comply with the following measures to reduce short-term construction impacts: a. Schedule construction and grading to avoid Santa Ana wind conditions. No grading shall take place on-site when wind velocity on-site exceeds fifteen (15) miles per hour. b. Regularly sprinkle exposed areas with water. c. Pave the area proposed for parking as soon as possible. d. Restrict construction during second-stage smog alerts. e. Configure construction parking to minimize traffic interference. 41. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 42. That prior to issuance of the first grading permit, the drainage system shall be reviewed and approved by the City Engineer; and, security in the form of a faithful performance bond, certificate of deposit, letter of credit or cash shall be posted with the city of Anaheim in an amount and form approved by the City of Anaheim to guarantee the satisfactory completion of said improvements prior to the first final building and zoning inspection in Phase I, or such other time as the City Engineer may approve. The drainage system shall be designed to accommodate a 100-year storm frequency. Any connections to the Southeast-Anaheim Channel shall be subject to review and approval by the Orange County Flood Control District. 43. That prior to the issuance of each building permit, the structure shall conform to Chapter 17.28, "Flood Hazard Reduction" of the Anaheim Municipal Code or as otherwise specified by the Chief Building Official. 44. That if any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended. In such an event, a recognized specialist shall conduct a survey of the affected area. Said survey shall be conducted at the property owners' expense. All actions taken under this measure will be in accordance with Appendix K of the State of California Environmental Quality Act (CEQA) Guidelines. 45. That prior to the issuance of the first building permit, the legal owner of subject property shall dedicate to the City of Anaheim appropriate public utility easements as required by the Utilities Department. CUP #3356 - 10 - 46. That the project shall be served by underground utilities. 47. That street lighting facilities along the project's Katella Avenue and State College Boulevard frontages shall be changed and/or modified to underground served street lights as required by the Utilities General Manager in accordance with specifications on file in the office of the Utilities General Manager; and that prior to issuance of the first building permit, security in the form of a faithful performance 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 bond shall provide that security shall be collectable for that portion of the improvements east of the project entry drive on Katella Avenue upon the issuance of the first building permit in Phase I (the hotel component); and, said bond shall further provide that security shall be collectable for the balance of the improvements upon the issuance of the first building permit in Phase II or three (3) years from Development Agreement Date, as defined in Development Agreement NO. 90-02, whichever occurs first, if said improvements are under construction and/or have been previously constructed. If said improvements are not under construction or have not been previously constructed, the bond shall provide that security shall be collectable concurrent with the widening of Katella Avenue and State College Boulevard. 48. That the property owner shall, at no cost to the City of Anaheim, provide underground conduit, substructures and other related facilities and pay a fee for installation of conductors, switches and related equipment to underground the existing overhead utilities, including any telephone and/or cable lines, etc. within the public right-of-way on subject property including any transitional off-site needs as determined by the Utilities General Manager; and that security in the form of a faithful performance 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 of Anaheim prior to the issuance of the first building permit in Phase I (the hotel component) to guarantee the satisfactory completion of the above-mentioned improvements. Said bond shall provide that security shall be collectable for that portion of the improvements east of the project entry drive on Katella Avenue upon the issuance of the first building permit in Phase I (the hotel component); and, said bond shall further provide that security shall be collectable for the balance of the improvements upon the issuance of the first building permit in Phase II or three (3) years from the Development Agreement Date, as defined in Development Agreement No. 90-02, whichever occurs first, if said improvements are under construction and/or have been CUP ~3356 - 11 - previously constructed. If said improvements are not under construction or have not been previously constructed, the bond shall provide that security shall be collectable concurrent with the widening of Katella Avenue and State College Boulevard. 49. That development plans shall show that all electrical services and facilities shall be built in accordance with the City of Anaheim Electric Rates, Rules and Regulations. 50. That prior to the issuance of the first building permit, the property owner shall provide engineering studies including network analysis to size the water mains for ultimate development within the project. A detailed water usage analysis and building plans shall be submitted to the Water Engineering Division of the Utilities Department for review and approval. 51. That prior to the issuance of each building permit, the appropriate fees due for primary water mains and fire protection service shall be paid to the Water Engineering Division of the Utilities Department in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 52. That prior to the issuance of each building permit, Rule 15D of the Water Utility Rates, Rules and Regulations shall be complied with; and, Stadium Area water facilities fees and/or advances shall be paid to the Water Engineering Division of the Utilities Department in accordance with said Rule. 53. That the project shall incorporate the following mitigation measures which reduce water use through conservation: a. Landscape irrigation systems should be controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses. b. Drought-tolerant plants shall be incorporated into project landscape plans wherever possible and water-conserving irrigation systems (i.e., drip irrigation) shall be utilized. soil moisture sensors are recommended in common area landscaping. c. Plumbing fixtures to reduce water usage and loss should be utilized (i.e., low volume toilet tanks, flow control devices for faucets, etc.) in accordance with Title 24 of the California Administrative Code. In addition, air conditioning water consumption should be reduced through the use of recycling. 54. That the on-site water system improvements including secondary mains, fire hydrants, meters and backflow prevention devices, CUP #3356 - 12 - if required, shall be installed at the developer's expense and in conformance with plans and specifications approved by the General Manager, Public utilities Department, City of Anaheim, or his designated representative. 55. That prior to the issuance of each building permit, landscaping and irrigation plans shall be submitted to the City of Anaheim (Planning Department and Utilities Department) for review and approval. 56. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 57. That the project shall comply with all High Rise Standards of the city of Anaheim Fire Department. 58. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the Fire Department. An all-weather road shall be provided to the hydrants at all times, as required by the Fire Department. 59. That fire sprinklers shall be installed as required by the Fire Department, excluding open parking structures built to Uniform Building Code Section 709 requirements. 60. That an adequate, unobstructed fire truck turn-around area, as required and approved by the Fire Department, shall be specifically shown on plans submitted for building permits. Said turn-around area shall be permanently marked and maintained to the satisfaction of said Department. 61. That prior to the issuance of each building permit, the building plans shall be reviewed and approved by the Anaheim Police and Fire Departments for security, safety, accessibility, lighting and crime prevention details. 62. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division of the Maintenance Department in accordance with approved plans on file with said Division. Such information shall be specifically shown on the plans submitted for building permits. 63. That prior to issuance of the first building permit, plans showing access to and construction of trash enclosures shall be submitted to the Maintenance Department for review and approval. 64. That prior to issuance of the first building permit for each phase, a solid waste management plan with recycling capabilities shall be approved by the Street Maintenance and CUP #3356 - 13 - Sanitation Division of the Maintenance Department. Upon occupancy of the first structure, said plan shall commence and shall remain in full effect as required by said Division. 65. That the owner or subsequent lessees shall comply with those source reduction and recycling requirements as may be adopted by the City of Anaheim in accordance with Assembly Bill 939. 66. That the owner shall comply with all adopted City regulations such as drop-off bins, recycling programs and other means of reducing the amount of waste requiring disposal, both during construction and when the project is in operation. 67. That prior to the issuance of a demolition permit for the existing Community Bank building (including parking and Community Circle), truck hauling routes to remove debris from said demolition shall be specified by the City Traffic Engineer. 68. That all air conditioning facilities and other roof and ground-mounted equipment shall be properly shielded from view. Such information shall be specifically shown on the plans submitted for building permits. 69. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, that such information shall be specifically shown on the plans submitted for building permits. 70. That prior to the issuance of each building permit, the developer shall submit site plan(s) to the Police Department for its review and approval. The developer shall incorporate into the project design those defensible space concepts and strategies as deemed appropriate by the Police Department. 71. That prior to the issuance of each building permit, the owner shall consult with the Southern California Gas Company to review energy conserving systems and design features which are required for the project. 72. That the owner shall extend telephone service lines and cable reinforcements or modifications in a manner specified by the City of Anaheim and Pacific Bell. 73. That all structures shall comply with all applicable requirements of Title 24 of the California Administrative Code. 74. That the hotel structure shall be acoustically attenuated such that the resulting interior noise levels from exterior sources not exceed forty five (45) dBA; and, that the office structures shall be acoustically attenuated such that the CUP #3356 14 - resulting interior noise levels from exterior sources not exceed forty five (45) dBA for private offices and conference rooms; fifty (50) dBA for general office, reception and clerical areas; and fifty five (55) dBA for lobbies, retail stores and restaurants. 75. Construction activities shall be limited to daylight hours (i.e., 7:00 a.m. to 7:00 p.m.). During all phases of ~' construction, the operation of pile drivers shall be excluded from the hours of 11:00 a.m. to 1:00 p.m. and 6:00 p.m. to 7:00 p.m. during weekdays. During Phases II and III, operations shall also be excluded from 7:00 a.m. to 9:00 a.m. Employees on-site shall be notified as to the duration of construction activities prior to commencement of said activities. 76. That prior to the issuance of each building permit, lighting plans shall be submitted to the Planning Department for review and approval. 77. That to minimize light and glare, the structures should utilize non-reflective or low-reflective types of glazing and glass. 78. That the legal owner(s) of subject property shall be held responsible for complying with the mitigation monitoring program established by the City of Anaheim in compliance with Section 21081.6 of the Public Resources Code. 79. That for any structure which has not been constructed or any building permit for which the conditions of this Conditional Use Permit have not been met, this Conditional Use Permit as it relates to the hotel component (Phase I) will expire one (1) year from the date of approval; the remaining components will expire the later of (i) one (1) year from the date of approval or (ii) one hundred eighty (180) days from the ~ expiration or earlier termination of Development Agreement No. 90-02 provided that the termination is not due to a default of the legal owner pursuant to the terms of the Development Agreement, as determined by the City of Anaheim. Extensions of time may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 80. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 15. 81. That prior to issuance of a building permit, Condition Nos. 1, ~,~ 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 29, 32, 38, 43, 45, 47, 48, 50, 51, 52, 55, 60, 61, 62, 63, 64, 68, 69, 70, 71 and 76, above-mentioned, shall be complied with. Extensions for CUP ~3356 - 15 further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 82. That prior to final building and zoning inspections, Condition Nos. 12, 14, 19 and 42 above-mentioned, shall be complied with. 83. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 provided such judgment is the result of a legal action filed within the applicable challenge period set forth by local ordinance. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of January, 1991. CITY CLERK OF THE CITY OF ANAHEIM JLW:db R34C3356.113 011891 CUP ~3356 - 16 - 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. 91R-19 was introduced and adopted at a regular meeting provided by law, of the Anaheim city Council held on the 15th day of January, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 91R-19 on the 30th day of January, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of January, 1991. 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. 91R-19, duly passed and adopted by the City Council of the City of Anaheim on January 15, 1991. CITY CLERK OF THE CITY OF ANAHEIM