PC 83-83-~ ;-,
RESOLUTION NO. PC83-L+3
A RESOLUTIO[1 OE' THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USF,' PERMIT NO. 2433 BE GRANTED
WHEREAS, the Anaheim City Pianning Commission did receive a verified
Petition for Conditional Use Permit from EMKAY DEV~;LOPMENT COMPANY, INC., 1301
Dove Street, Suite 30G, Newport Beach, California 92660, owner, and BUSINESS
PROPERTIES, INC., RICHARD pGLF.SBY OF JOSEPH WALTHOUR, 17631 Fitch, Irvine,
California 92714, agent of certain real property situated in the City of
Anaheim, Coi~nty of Orange, State of California, described as:
P?~RCELS 1, 2 AND 3, AS SHOWN ON A MAP FILED IN BOOK 33, PAGE
1 OF PARCEL MAPS, IN THL•' OFFICE OF THE COUNTY RECOF,DER OF
SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 18, 1983, 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 inspectzon, investigation and
study made by itself and in its behalf, and after due consideraL-ion 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 Munir,ipal Code Section 18.03.030.010 to
wit: to permit a 4-story (69-foot high) commercial office building with waiver
of the following:
SECTION I8.61.063.011 - Minimum structural setback
(50 feet required in the ML Zone;
20 feet proposed)
2. That the requested waiver is hereby granted on the basis of the
unusual triangularly-shaped parcel which has a substantial amount of street
setback area in proportion to the over-all parcel size.
3. That the proposed use is hereby granted subject to h.he
petitioner's stipulation to record a covenant to grant an access easement to
the property owner immediately to the east in the eve~it said easterly property
is developed for some use other than that presently existing. Said easement
shall be designed in a manner satisfactory to the City Traffic Engineer and
said covenant tnall be in a form satisfactory to the City ~~ttorney.
4. ~Phat the proposed use will not adversely affect the adjoining
land uses and t},e growth and de'~elopment of the area in which it is proposecl
to be located.
5. That the size and shape of t:~e site proposed for the u~e is
adequa`e 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 wel.fare of the Cil•izens of the City of Anaheim.
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6. That the grantir~ of the Conditional Use Permit under the
conditians imposed, if any, will nut be detrimental to the peace, health,
safety and general welfar.e of the Citizens of the City of Anaheim.
7. That the traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved to cacry
the traffic in the area.
8. 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 the Anal~eim City P2anning
Commission has reviewed the proposal co permit a 4-story commercial office
building in the ML (Industrial, Limited) zone with waiver of minimum
structural setback on an irregularly-shaped parcel of land consisting of
approximately 2.8 acres, having a frontage of approximately 578 feet on the
southeast side of Katella Avenue, and being located immediately northeast of
the Atchison, Topeka and Santa Fe Railway and further described as 2300 East
Katella Avenue; and does hereby approve the Negative Declaration from the
requirement L•o prepare an environmental impact report on the basis that there
wauld be no significant individual or c~mulative adverse environmental inpact
due to the appeoval of this Negative Declaration since the Anaheim General
Plan designates the subject propecty for com;nercial/recreation land uses
commensurates with the proposal; that no sensitive environmental impacts are
involved ~.n the proposal; that the Initial Study submitted by the petitioner
indicates no significant individual or cumulative adverse environmental
impacts; and that the Negative Declaration substantiaring the foregoing
findings is on file in the City of Anaheim Planning DepartmEnt.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the propused use of the subject property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. 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.
2. That prior to issuance of a building permit, the appropriate traffic
si~-~al assessment fee shall be paid to the City of Anaheim in an
a,,,,,,.nt as detetmined by the City :.ouncil for new commercial buildings.
3. That trash storage areas shall be provide9 in accordance with
approved plans on file with the Street Maintenance and Sanitation
Division.
4. That owners cf subject property shall record a covanant to grant an
access easement to the property owner immediately to ~he east in the
event said easterly property _~ developed for some use other tt,an
that presently exxsting. Said easement shall be designed in a manner
satisfactory to the City Traffic Engineer and said covenant shall be
i~ a form to be satisfactory to the City Attorney.
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5. That prior to final building inspection, a pedestrian barrier along
the suuthern property line adjacent to :.he ATSF Railroad right-o.f-way
shall be constructed in a design which provides a permanent security
fence.
6. That the owner(s) of subject property shall pay a proportionate
share, and shall execute and record an agreement in a form approved
by the City Attornev~s Office obligating the owner(s) to pay said
proportionate share, of the cost of certain off-site public
improvements and services pursuant to tt,at certain assessment
district or benefit area to be hereinafter established by the City of
Anaheim, pursuant to the requirement of Development Agreement No.
83-01 between the City of Anaheim and Anaheim Stadium Associates.
7. That subject property shall be reclassified from the ML (Industrial,
Limited) Zone to the CR (Commercial, Recreation) Zone.
3. 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, provided, however, that the pedestrian
bar.rior discussed in Condition No. 5, aforementioned, shall also be
constructed.
9. 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. 4, 6 and 7, above-mentioned,
shall be complied with. Extensio~.s for further time to complete said
conditions may be granted in accordance wit•h Section 18.03.090 of the
Anaheim Municipal Code.
10. That prior to final building and zoning inspections, Cor.dition Nos. 3
and 8, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Plan~ing 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 conditions, or any part thereof, be
declared invalid or unenforceable by the final judgmer.t of any court of
competent jurisdiotion, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING R~SOLUTION is signed and approved by me this 18th day
of April, 1983.
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C AI IAN, ANAHEIM CITY P ING COMMISSION
ATTEST:
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SECRETARY~ ANAHESM CITY P:,ANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoin9 resolution was passed and
adopted at a meeting of tYie Anaheim City Planning Commission held on April 18,
1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOOAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LA CLAIRE
IN WITNESS WHEREOF, I have hereurtto set my hand this 18th day of
April, 1983.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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