PC 85-217RESULU'PIUN N0. PC85-:17
A RESULUTIUN ON THF. AfJAHEIM CITY YLANNItlG CONMISSIOt~
7'fiAT PETTTION FUP. CUNDITIf~C7AL USE PERMST N0. 2722 BE GItANTEr
WHEF.EAS, the Anaheim Ciro Ylaru~ing Cort~mission did receive a verified
PetiCior. for Conrfition.~l Use Permit from ER PFUPERTIF,S LlMITED PAR~fWF,RSHIP,
4~~U Newport Centec Urive, tdewport Beach, California 92560-7640, and PBS
BJILDINC; SYSiF:MS, 3Q31 La Jol]a Street, Anaheim, Ca].ifornia 92806, ATiN: DON
GF;AVi1'T:~, owner o[ cer~ain real property situated in the City of Anaheim,
Count,i of Orange, State of California, desccibed as:
Tt1AT PORTION OF YARCELS 1, 2, _1 FND 4 OF PARCEL MAP NO. 99-'L30
It~ 'PitE CIS'Y OF ANANEIM, COUYTf UF CRANCE, STATE OF CALIFORDIIA,
AS PER MAY RECUF:DEU IN E10JK 196~ PAGES 33 TEiROUGN 35 OF PARCE'L
MAPS, kECORDS OP ORAHCE C~)UNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
FARCBL ]:
E3cGINtJING AT h POIN1' IN i'NL' SOUTHEAS^_`EP.LY BOUNDARY" LINE OF SAID
PAFiCEL MAP P70. 84-230, SAID POINT ALSO BEING THE DJOST SOUTHI.2LY
CORNER OF YARCEL 1 UF SAID PAkCEL PIAP; THENCE SOUTH 41° 25' 48'
IJEST 28.78 FEET TO THE BEGINNING UF A TANGEN4 CURVE CONCAVE TO
:HE hIURTHWEST AND HAVING A RADIUS OF 926.00 FEET; THENCF,
SOUTHWESTERLY ALOPJG :,'AIU CURVE 82.22 FEET THROUGH A CENTRAL
At+GLE OF 5° US' 14'; THENCF. NpR^efi 43° 00' 45' WEST, 155.00
F'F.'ET; THBNCE MpRTH 3° 37' 35' CAST, 91.94 FEET TO A POINT IN A
CURVE CONCAVE NOfiiHERLY A[ip HAVINC kADIUS OF 45.00 FEET SAID
YUINT 6EING :N 'PkiE SOUTHEASTERLI RIG9T-OF-WAY OF RZVERVIEW
UkIVE AS SHOYlN Oll SAID MAP, .. RADIAL BEARING TO .°.AID POINi
BEING SUU7'fl .'.0° 51' lA' EP.ST; THENCE NORTHEAS^:ERLY AN ARC
UiS"tANCE OF 4U.42 FEET ALUGC SAIG CURVE AND SAID RIGHT-OP-WAY
THkUUGh A CENTRAL ANCLE U[•' 51° 27' S9" 'PU TFIE BEGINNING OF A
kE'VF.aSE CURVE CONCAV~ SOUTHEASTERLY AND HAVING A RADIUS OF
5..U0 FEBT, ;'HENCh NORTHEASTERLY 33.52 FEET ALONG SAZD CURVE
APJD SAIll RIGfi'I'-JF-WAT THROUGH A CF.NTRAL AN6LF OF 34° 54' S5• Tn
A TANCENT LINB ON SAID P.IGHT-OF-WAY; :t~ENCE NOR'?H 62° 35' 3A"
EAST, ;65.C~d FEET ALO:1G SAID TANCEN7' LINE TO ir3E BEGINNING A
CANGENT CUR~B COP7CF.VE SOUTHERLY AND HAVING A RADIUS OF 28.00
PEET; THENCE CONT:t7UING ALONG SAID RIGHT-OF-WAY NORTHfiASTERLY
J.ND SOUTHEASTERGY P.LONG SAID CURVE AN ARC DZSTANCE OF 33.64
F EE:T THFOUGH A Ck:NT~AL ANGLE OE' 6&' SU' 1G' TO A TANGENT LINE
ON SAID RICHT-OF-WA't; mHENCE SOUiH 48° 34' 12" EAST, 93.32 FEE?
ALONG SAID RIGHT-UE'-WAY TO TE1E BEGINNING OF A TANGENT CURVE
C~)NCAVE WESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE
SUUTHERLY ALONG SAID CURVE THROUGH A CRNTRAL ANGLE OF 90° 00'
OL' AN ARC DiSTANCE OF 39.77 FEET TO SAID NORTHWESTEkLY LI"1C OF
SANTA ANA CANYOC7 ROAD; THENCE SOUTH 41° 25' d8' WEST, 194.75
FEET ALUNG SAID N~RTHWE3TERLY L:NE TO TF;E POINT CF BEGINNING.
Wkil;REAS, the City Planning Can~mission did hold a public heacing at
t_he Civic Center in the City of Anaheim on September 3G, 1985, at 1:30 p.m.,
notice oL said F~ublic hearing having been duly given as required by law and in
:iccor:iance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
Ob'~2r PC85-217
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to hear and consider evidence for and against said proposed conditior.al use
permit and to invF_stigate and make Pindings and reconmendations in connection
therewith; and
WH~RGAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of zll
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 authori=ed by Ansheim Municipal Code Section 18.84.062.031 to
wit: to permi.t a;-story, 41-foot high conmercial office buildin~ with waivers
of :
(a) SECTION 19.84.052.011 - Minimum structural setback.
(100 feet adjacent to Santa Ana Canyon
Road required; 20 feet proposed)
(b) SECTIOtd 18.04.062.014 - Minimum landscaped sel-back.
(20-ft. wi~e landscaped area or a ln-ft.
landscaped area wil•h a 3 Et. high land-
scaped berm adjacent to Riverview Drive
required; 10-foot wide landscaped area
with no landscaped berm proposed)
2. That the above-requested waivers are hereby granted on the basis
that the:e are special circunistances applicable to the property such as size,
irregular st~ape, topograohy (hilly terrain with substantial grade difference
to street level), location and surroundings which do not apply to other
identically zoned property in the same vicinity; and tr,at strict zpplication
of the zoning Code dep:ives the property of or.ivileges enjoyed by other
properties in the identica.l zone and classificacion in the vicinil•y,
3. That the proposed use will not adversely affect the adjoining
land uses and the gcowGh and development of the area in which it is proposed
to be located.
4. That tne size and shape of the site proposed for the use is
adequate to allow the £ull 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 oE Anaheim.
5. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and general welfare of the Citi~ens of the City of Anaheim.
6. That che r.raffic 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.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject p2tikion.
~Z PC85-217 '
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ENVIRONMENTAL Ih]PACT FINllING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a 3-story, 41-foot high
commeccial office building with waivers of minimum structural setback and
minimum 7andscaped setback on an irregularly-shaped parcel o£ land co~si~tir.g
of approximately i.G acres located at the nocll,wcsl cornez ef Santa Ana r.anyon
Road and Riverview Drive; and does hereby appr~ve the Negative Declaratior.
upon finding that it has considered the Negative DecZa~ation together with any
comments recaived during the public review process and further findinc~ on the
basis of the initial study and any comments received that there is no
substant~al evidence that the project will have a significant effec*_ on the
environment.
NOW, THERENORE, F3E IT RESOLVEP that the Anaheim City Planning
Commission does hereby granl- subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerec~uisite
to the proposed use of the subject propecty in order to preserve the safety
and genecal welfare of the Citizens of the City of Anaheim:
1. Zhat prior to issuance of a building permit, the owner of subject
pr~~perty shall pay the appropriate drainage assessment fees to the
Citt of Anaheim i.n an amount as determined b,y the City Engineer.
2, That sidewalks sh411 be repaired along Santa Ana Canyon Road as
r~~quired by the City En9ineer and in accordance with standacd plans
a~~.d specifications on file in the Office of the City Engineer.
3. That all driveways shall be constructed to acccmmodate ten (10) foot
radius curb returns as reauired by the City Traffic Engineer.
4. That drainage of subject property shall be disposed of in a manner
satisf.actory to the City Engineer.
5. That in the event subject pcoperty is to be divided for the purpose
of sale, lease, or finat~cing, a parcel map to record the approved
division of ~ubject property shall be submitted to and approved by
the City of Anaheim and then be recorded in the Offic2 of the Orange
County Recorder.
6. That the owner ef subject property shall pay to the c:ity uf Anaheim
a fee for tree planting purposes along Riverv"_ew Drive in an amount
as dete~mined by the City Council.
7. 2'hat prior to issuance of a buildinq permit, primary water main fees
shall be paid to the City of Anaheim, in an amount as determined by
the Office of the Utilit.ies General Manager.
8. That the vehicular access rights to Santa Ana Canyon shall be
dedicated to the City of Anaheim.
9. That ga~es shall not be installed across any driveway in a manner
which may advecsely affect traffic in the adjacent public streets.
Installation ~f any gates within a distance of sixty (60) Eeet from
said public street cights-of-way shall be subject to the review and
approval of the City Traffic Engineer.
-3- PC85-217
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10. That street lighting facilities along Riverview Drive shall be
installed as required by the Utilities General Manager in zcccrdance
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 g~arantee the satisfactory completion of the above-mentioned
improvements. Said security shall be posted with the City of
Anaheim prior to issuance oE building permits. The above-required
improvements shall be installed prior to occupanc,y.
11. That siibject property shall be served by underground utilities.
12. That priar to comme~cement of structural framing, fire hydrant~
shall be installed and charged as required and determined to be
necessary by the Chief of the Fire Depactment.
13. That trash storage areas shall be provided and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Uivision.
14. That all air conditioning facilities shall be properly ~hiel.3ed from
view.
15. That the ownet of ,ubject property shall submit a letter requesting
termination of Variance No. 3358 to the Planning Department.
1G. That as specified in Anaheim Municipal Code Section 18.64.042.012,
no roof-mounted equipment, whatsoever, shall be permitted. In
addition, the petitioner shall submit mechanical equipment encl~sure
plans tu the Plaiining Department to insure that all eguipment
mounted on the building is an integral part of the roof znd not
root-maunted.
17. Tt,at no medical or dental offices shall be permitted on subject
property unless plans have been submitted to the City Planning
n~F~-tmc;it, prior to th~ i~suauce of a building permit, showing that
the minimum number of Code required parking spaces wiil be
provided. Prioc to issuance of a building permit, a covenant shall
be recorded on the property restricting and limiting the use of
subject pr.operty to uses for which adequate parking has been
proeided.
18. That prior to issuance of a building permit, the developer shall
post a band ir. an amount and form approved by the City Traffic
Engineer and City Attorney to guarantee the installation of traffic
signals at the intersection of Riverview Drive ar.d Santa Ana Canyon
Road, and at the intersection of Weir Cany~n Road and Santa Ana
Canyon Road. Said bond shall guarantee the installation of said
traffic signals prior to occupancy.
19. That prior to issuance of a building permit, final specific plans
shall b~ submitted to and approved by the Planning Commission.
-4- PC85-217
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20. That the proposal shall comply with all signing requirements of the
CL(SC) Zone, unless a variance allowing sign waivers is approved by
the Planning Commission or City Council.
21. That the developer shall obtain from the Orange County Flood Control
District a favorable .fiood hazard letter, acceptable to the City of
Anaheim.
22. That prior t~ final buildi.ng and zoning inspections, Riverview Drive
shall be Eully improved at a minimum sixty (60) feet width with a
grade no greater than 28 for a distance no less than 60 feet from
the right-of-way line of Santa l.na Canyon Road.
;~ 23. That subject property shall be developed substanti.al.ly in accordance j
'i with plans and specifications on file with the City of Anaheim ~
~j marked Exhibit Noso 1 through 7.
~~ 24. That prior to issuance of a 6uilding permit, or within a period of
one year from the date of this resolution, whichever occurs first,
•' Condition Nos. 1, 6, 7, 8, 10, 14, 15, 16, 18, 19 and 21,
~ above-mentioned, shall be complied with. Extensions for further
time to complete said conditians may be granted in accordance with
Section 18.C3.090 of the Anaheim t•lunicipal Code.
25. That prior to final buildiny and zoning inspections, Condition Nos.
2, 3, 4, 10, 11, 13, 14, 13, 22 and 23, above-nientioned, shall be
complied with.
BE IT FURTHER RESOLVED that the Anahei:n City Planning Commission
does hereby f.ind and determine that adoption of this Resolution is expressly
predicaled upon applicant's compliance with each and all of the conditions
;~ hereinabove set forth. Should any such conditinns, or any part thereof, be
declared invalid or unenForceable by the final judgment of any ceurt of
com~eLent ;urisdicLlon, then this Resolution, and any approvals herein
contained, shall be deetned null and void.
; ~~,c vui+.~i;u1N~ xt:suLU~rlucv is signed and approved by me this 30th day
. oP September, 198ti.
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a L~~ ~2 r/' i ~ n ~~~tUU~
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CHAiRWOMAN, ANAHEIM CIiY PLANNING COMMISSION
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`' AiTEST:
i ~ ~~/u-Lfi
SECRETARY~ ANAHEIh1 CITY PLANNING COh1P1I5SI0N
-5- PC85-217
r,
STATE OF CALIFORNIA )
COUNTY Ur ORANGh ) ss.
CITY OF ANAHEIPI )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do tiereby certify that the foce9oing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on Septembec
30, 1985, by the following vote of. the members thereof:
~YES: COMMISS.LONERS: BOUAS~ FRY, HERBST, LA CLhIRE, LAWICKI~ F1C BURNEY~
MESSE
NOES: COMI4ISSIONERS: NONE
ASSENT: COFIMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of
September, 1985.
~ifC.c-TiG , /:" JUI~~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-G- PC85-217