PC 81-252A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2280 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from BURNETT EHLINE COMPANY, 1900 E. 4th
Street, Suite 106, Santa Ana, California, 92702, owner, and SHAMROCK VENTURES,
INC., 14 Mountain View, Irvine, California, 92715, agent, of certain real
property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1:
RESOLUTION NO. PC81 °252
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, CITY OF ANAHEIM, AS
SHOWN ON A 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: THENCE NORTH 0 DEG. 08' 00" WEST ALONG THE CENTER LINE
OF PLACENTIA AVENUE AS SHOWN ON SAID FILED MAP, 335.76 FEET;
THENCE SOUTH 89 DEG. 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 DEG. 41'
11" EAST, ALONG SAID EASTERLY LINE, 335.65 FEET TO THE SOUTH LINE
OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEG. 59' 41" EAST,
ALONG SAID SOUTH LINE 628.74 FEET TO THE POINT OF BEGINNING.
EXCEPT THE SOUTHERLY 200.00 FEET OF THE EASTERLY 2.03.00 FEET
THEREOF.
AND 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 SHOWN ON A HAP RECORDED I11 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 CORNIER 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 SAID COUNTY
RECORDER; THENCE NORTH 0 DEG. 08' 00" WEST ALONG THE CENTER LINE
OF PLACENTIA AVENUE AS SHOWN ON SAID FILED MAP, 335.76 FEET;
PCB ®252
THENCE SOUTH 39 DEG. 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 DEG. 41'
11" EAST ALONG SAID EASTERLY LINE, 335.65 FEET TO THE SOUTH LINE
OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEG. 59' 41" EAST,
ALONG SAID SOUTH LINE 628.74 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 30, 1981, at 1 :30 p.m., notice of said
public hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.61.050.120 to wit: To
permit construction of a 15- story, 209 -foot high commercial office complex in the ML
(Industrial, Limited) Zone with waivers of the following:
(a) SECTION 18.61.062.011 - Maximum structural height
(65 and feet permitted within 150 feet
(of single family residential; 146 and 209
feet proposed .
(b) SECTION 18.61.063.011 - Minimum landscaped setback
(50 feet required along State College Boulevard
and Orangewood Avenue; 15 feet proposed)
2. That the requested waiver (a) is hereby granted on the basis that the
nearby single - family residential area is located in the County of Orange and the
County does not have similar height requirements; therefore, there are special
circumstances pertaining to subject property which do not affect other properties in
the same zone and vicinity.
3. That the requested waiver (b) was withdrawn by the petitioner at the
public hearing and the petitioner stipulated at the public hearing to comply with all
applicable building setbacks as required by code.
4. That the proposed use is hereby granted subject to the following
stipulations made by the petitioner at the public hearing:
(a) To dedicate an easement to the City of Anaheim for a strip of
land 63 feet in width from the centerline of the street along
State College Boulevard for the purpose of installing a right -turn
lane.
(b) To participate in the public improvements needed for the
cumulative development of the area, in an amount not to exceed one
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dollar ($1) per gross square foot of the total proposed commercial
floor space. Said amount is based on testimony presented at the
public hearing by a representative from Cabot, Cabot and Forbes as
to their estimates for the cost of such improvements.
(c) To participate in water and traffic facilities studies to
determine short and long -term improvements necessary to achieve
acceptable vehicular circulation and water service for the area,
in an amount not to exceed fifty thousand ($50,000). Said amount
shall count toward the over -all one dollar per square foot of
floor space agreed to in (b) above - mentioned. Said studies shall
be initiated prior to issuance of a building permit and shall be
completed prior to final building and zoning inspections.
(d) To install a right -turn lane in the easement along State
College Boulevard in conformance with City of Anaheim plans and
specifications. The cost of installation shall count toward the
over -all one dollar per square foot of floor space agreed to in
(b) above - mentioned.
(e) To abide by all applicable Code requirements relative to
setbacks.
5. That the proposed use, as granted, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is
proposed to be located.
6. That the size and shape of the site proposed for the use, as granted,
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 of the Citizens of the City of Anaheim.
7. That 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.
8. That the traffic generated by the proposed use, as granted, will not
impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
9. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That after considering EIR No. 250 for the
proposed commercial complex located at the northwest corner of State College
Boulevard and Orangewood Avenue and reviewing evidence, both written and oral, to
supplement the draft EIR, the Planning Commission finds that Draft EIR NO. 250 is in
compliance with the California Environmental Quality Act and with the City and State
EIR Guidelines; that the following environmental impacts have been identified in
association with the project: (a) there will be temporary inconvenience to
surrounding properties as a result of noise, dust and trucks during construction, (b)
the project will cause an incremental increase in traffic, air pollution and noise
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levels; that there is traffic congestion in the area before and after major events at
Anaheim Stadium, (c) the project will increase the demand for low and moderate
income housing which is already in very short supply throughout the County; that the
following mitigation measures will be employed to reduce these environmental impacts:
(a) compliance with City codes, conditions, policies and procedures, (b) the project
applicant will participate in an area traffic study and will provide mitigation
measures for reducing the traffic impacts of the project which are identified in the
study; therefore, the Planning Commission certifies EIR No. 250 and adopts the
following Statement of Overriding Considerations.
The approval of Conditional Use Permit No. 2200 for the proposed
construction of a commercial complex on the northwest corner of State College
Boulevard and Orangewood Avenue could result in the significant environmental impacts
which have been identified above. However, the project will bring economic benefits
to the City by providing employment for residents of Anaheim and surrounding area
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Petition for Conditional Use Permit, upon the
following conditions which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the safety and general
welfare of the Citizens of the City of Anaheim:
1. That the caner(s) of subject property shall dedicate an easement to the City
of Anaheim for a strip of land 63 feet in width from the centerline of the
street along State College Boulevard for the purpose of installing a right -
turn lane.
2. That the owners) of subject property shall install a right -turn lane in the
above - mentioned easement along State College Boulevard in conformance with
City of Anaheim plans and specifications.
3. That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior to the
issuance of a building permit.
4. That the owners) of subject property shall pay to the City of Anaheim a
fee, in an amount as determined by the City Council, for street lighting
along State College Boulevard and Orangewood Avenue.
5, That trash storage areas shall be provided in accordance with approved plans
on file with the Office of the Executive Director of Public Works.
6. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing.
7. That subject property shall be served by underground utilities.
0. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) in an amount as determined by the City
Council, for commercial buildings prior to the issuance of a building
permit.
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9. That the developer shall extend the existing median island in State College
Boulevard, northerly as required by the City of Anaheim Traffic Engineer.
10. That the electrical transformer location shall be subject to the approval of
the Director of Public Utilities.
11. That all accessways for trash collection and fire vehicles shall maintain a
minimum vertical clearance of 14 feet.
12. That prior to the issuance of building permits, the developer shall fund
(or participate in the funding of) a comprehensive traffic study and a water
facilities study at a cost not to exceed $50,000 for the Stadium Industrial
Area to identify short and long -term improvements necessary to achieve
acceptable vehicular circulation and water service for the area. In order
to achieve timely completion of such improvements concurrent with the
development of the subject site, the developer shall, prior to final
building and zoning inspections, pay his /her appropriate share of the cost
of such traffic and water facility improvements as determined by the study
necessary to serve the subject property or made necessary due to the
cumulative development of the Stadium Industrial Area. Such financial
participation by the developer shall not exceed a total cost of one dollar
($1.00) per gross square foot of the total floor area and shall include the
cost of the traffic and water facilities studies and construction of the
right-turn lane in the 10° wide easement along State College Boulevard.
Improvements may be made via reimbursement or property owners agreements,
assessment districts or benefit districts, as best meets the needs of the
City and developer. The method of implementation shall be decided and
entered into when determined necessary by the City.
13. 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 7 provided, however, that all front building setbacks shall
comply with code.
14. That Condition Nos. 1, 4, and 12, above - mentioned, shall be complied with
prior to the commencement of the activity authorized under this resolution,
or prior to the time that the building permit is issued, or within a period
of one year from date hereof, whichever occurs first, or such further time
as the Planning Commission may grant.
15. That Condition Nos. 5, 7, 9, 10, and 13, above-mentioned, shall be complied
with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 condition, 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.
-5- Pc81 '.252
ATTEST:
1981
THE FOREGOING RESOLUTION is signed and approved by me this 30th day of
November, 1981.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
1, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on November 30, 1981, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of November,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION