PC 85-49RESOLUTION NO. PC85-49
A RESOLUTION Or^ THE ANAHEIM CITY PLANNING COMMISSION
THAT PETZTION ~OR VARIANCE N0. 3462 BE GRANTED
WHEREAS, the Ana:~eim City Planning Commission did receive a verified
Petition fot Variance frort~ DUN[d PROPERTIES CORPORATION, 28 Brookhollow Drive,
Santa Ana, California 92702, ATTN: DANIEL L. McGREGOR, owner, and RILL SINGER
ANll ASSOCIATES, 5100 Birch Street, Newport Beach, California 92660, ATTN:
BILL SINGER, agent for cectain real pcoperty situated in the City of Anaheim,
Ccunty of Orange, State of California described as:
FARCEL 1:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
UF SECTION 26~ TOWNSHIP 4 SOUTH, RANGE 10 WEST, CITY OF
ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIFORNIA~ AS SAOWN ON A
MAP RECORDED IN BOOK 51~ PAGE 10 OF MISCELLANEOUS MAPS~ IN THE
OFFICE OF THE COUNTY OF R.°.CORUER OE SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNZNG AT T[~E 6AST QUARTER CORNER OF SAID FRACTIODIAL
SECTION~ AS SAID E~ST QUARTER CORNER IS SHOWN ON TFIE MAP FILED
IN BOOK 43~ PAGE 37 0° RECOP,D OF ~RVEYS~ IN THE OFFICE OF THF.
COUNTY RECORDER; T'r.ENC~ NORTH 0° ~.' 00" WEST ALONG THE CENTER
LINE OF PLACEI~TIA AVENUE AS SHORTN ON SAID FILED MAP~ ,~.35.76
FEET; THENCE SOUiH 89° 59' 35" WEST 631.98 FEET TO THE
EASTERLY LING OF iHE LAND DESCRIBED IN THE QUITCLAIM DF.ED TO
FALSTAFF BREWING CORPORATION RECORDED JUNE 20~ 1961~ IN BOOK
57~9~ PAGE 921 OF OFFICIAI. RECORDS, P.ECORDS OF SAID COUNTY;
THENCE SOUTH 0° 41' 11' EAST ALONG SAID EASTERLY LINE~ 335.65
FEET TO THE SOUTH LTNE OF SRID C10RTHEAST QUARTER; THENCE SO~JTH
89° 59' 41" EAST ALONG SAID SOUTH LINE, 628.74 PEET TO THE
POINT UF BEGINNING.
BXCEi i SilE SCL`Tf'.EP.L°_ 200.00 F~ ET nF THR EASTRRLY 203.00 FEET
THEREOF.
PARCEL 2:
THAT PORTION OF THR SOUTHEAST QUARTER OF THE NORTHEAST QUARTEF
OF SECTION 26, TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ ZN THE RANCHO
SAN JUAN CAJON D~ SANTA ANA~ AS SHOWN ON A MAP P.ECORDED IN
BOOK 51~ PAGE 10 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE
COUNTY R~CORDER 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 SOOK 43~ PAGE 37 OE RECORD OF SURVEY&~ IN THE OFFICE OF
SAID COUNTY RECORDER; THENCE NORTH 0° 08' 00" WEST ALONG THF
CENTER LINE OF PLACENTIA AVENUE AS SHONN ON SAID FILED MAP,
#0447c PC85-49
335.76 FEET; THENCE SOUTH Et9° 59' 35' WEST 631.98 FEET TO T!IE
EA$TERLY LINE OP THE LAND DESCRIBED ZN THE QUITCLAIM DFED TO
FALf,TAFF BREWING CORPORATION RfiCORAED JUNE 20, 1961, IN B~OR
5759, PAGE 921 UF OFFICIAL RE(:ORDS~ RECORDS OF SAID COUtdiY;
THENCE SOUTH 0° 41' 11" EF,ST ALONG SAID EASTERLY L2NE, 335.65
FEET TO THE SOOTH LINE OF SASD NORTHEAS'.C QUARTER; THENCE SOUTH
89° 59' 41" EAST ALOAG S11ID SOUTH LZNr~ 626.74 FEET TO THE
POINT OF BEGINNING.
WHEItEAS, the City Planning Cornmission did hold a public hearing at
the Civic Center in the City of Anaheim on Pebruary 20, 1985, at 1:30 p.m„
notice oE said public hearing having be?n duly given as required by law and in
accordance with the provisions of the Anaheirn Municipal Code, Chapter 18.d3,
to hear and consider evidence for and against: said proposed variance and to
investigate and make finding~ and recommendations in connection therewith; and
WHEREAS, said Commission, after due in::pection, investigation and
study made by itself and in its behalP, and after due consideration of all
evidence and reports offered at said hearing, does find and determine the
follcwing facts:
1. That the petitioner proposes waivers of the following to
construct a six-story commercial office building:
(a) SECTI~NS 18.06.050.0212, -!t.inimum number of oarkinq spaces.
18.U6.U80 (397 sp~ces required; 346 spaces
AND 18.41.06G.050 ;~[•oposed)
(b) SECTION 16.41.062.011 - M+~ximum structural heiqht
(57 feet pe~mit~ed within 300 feet of
S:ingle-Family residential zoning; 86 feet
Qr.oposed 115 feet from single-family
residential zoning to the south)
Z. That the above-nientioned waiver (a) is hereby granted on the
b~~ic t.".~t the gnr~ic:, ~~riancc wiil ~iuc cause an increase in traffic congestion
in the immediate vicinity nor aclversely affect any adjoining land uses; and that
the granting cf the parking variance under the conditions imposed, if any, will
~ not be detrimental to the peace, health, safety or genera2 welfare of the
t citizens of the City of Anaheim.
3. That the above-mentioned waiver (b) is hereby granted on the
~ basis that there are special c:ircumstances applicable to the property such as
~~ size, shape, topography, locatic~n and sui:roundings which do not apply to other
identically zoned property in tf~e same vicinity; and that strict application oE
• the 2oning Code deprives the property of privileges enjoyed by other properties
~ in the identical zone and classiEication in the vicinity.
~ 4. That there are exception~al or extraordinary circumsta~cea or
conditions appliaable to the property i.nvolved or to the intended use of the
, property that do not apply generally to tF~e property or class of use in the same
vicinity and zone.
~± 5. That the requested variance is nece~sary for the preservation ard
,s
i`d enjoyment of a substantial property right possessed by other property in the
r same vicinity and zone, and denied to the property in question.
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6. That the requested variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located.
7. That one persoii indicated their presence at said public hearing
in opoosition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FIt7DING: Environmental Impact Report No. 250 was
previously certified for subject property by the Planning Commission on November
30, 1981, in conjunction with Reclassification No. 81-82-9 and Conditional Use
Fermit No. 2265,
NOW, THEREr^ORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, 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 tF.e Citizens of the City of Anaheim:
1. That drainage of subject propecty shall be disposed of in a manner
satisfactory to the City Engineer and shall consist of construction of
e storm drain in Orangewood Avenue from State College Boulevard to the
O.C.F.C.D. Southea~t Anaheim facility, or another alternative
acceptable to the City Engineer; and that security in the £orm of a
bond, certificate oE deoosit, letter of credit, or cash, in an amount
and forr~ satisfactory to the City of Anaheim, shall be posted with the
City to guarantee the satisfactory completion of said improv=ments.
Said security shall be posted with the City prior to issuance of a
building permit, to guarantee the installation of the above-required
improvements prior to occupancy of Phase II oF the overall subject
project (located to the nocth of subject property), or within a period
of three (3) years from the date the security is posted, whichever
occurs first, or at such time as may additionally Le granted by the
City Engineer.
2. That priur to issuance of a bui].ding 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.
3. That the owner of subject property shall irrevocably offer to dedicate
to the City of Anaheim a strip of land 66 feet in width from the
centerline of the street along State College Boulevard and 64 feet in
width from the centerline of the street along Orangewood Avenue (for
the easterly approximately 150 feet of subject property) for street
widening purposes.
4. That the existing cur~, guttet and sidewalk, shall be removed and
reconstructed to provide a righl• turn lane on State College Doulevard
and a bus bay on Orangewood Avenue, including preparation of
improvement plans and installation of all improvements such as curb
and gutters, sidewalks, street grading and pavement, sewer, water and
drainage facilities, or other appurtenant work which shall be complied
with as required by the City Engineer and in accordance with
specifications on file in the Office cf 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 satisEactory to the City of
-3-
PC85-49
Anaheim, shall be posted with the City to guacantee the satisfactory
completion oF said improvements. Said security shall be posted with
the City prior to issuance of a building permit, to guarantee the
installation of the above-cequired improvements prior to occupancy of
Phase II of the ovcrall subjer.t project (located to the north of
subject property), or within a period of three (3) years fcom the date
the security is posted, whichever occurs first, or at such time as may
additionally be granted by the City Engineer.
That a solid median (except for one (1) opening pro~~iding left turn
access) from State Cr,llege Boulevard) ?xte~ding from Orangewood Avenue
northerly to ~ point south of the Atchison, Topeka and Santa Fe
Railway shall be installed to the satisfaction of the Cil•y Traffic
Engineer; and that security in the form of a bond, certificate of
deposi.t, letter ef credit, or r_ash, in an amount and form satisfactory
to the City of Anaheim, shall be posted with the City to guarantee the
satisfactory installatior, of said median. Said securi.ty shall be
posted with the City pr_or to issuance oP a buildina permit, to
9~sreintee the installetion of said median prior to occupancy of Phase
II of the overall subject project (located to the north of subject
propertyl cr within a period of three (3) years from the date the
security ;s posted, whichever occurs first, or at such time as may
additio~al].y be granted by the City Engineer.
That dual left turn lanes on State Col.lege Boulevard shall be
installed to the satisfaction of the City Traffic E~gineer; 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 af
Analieim, shall be posted with the City to guarantee the provision of
said lanes. Ssid security shall be posted with the City prior to
issuance of a building permit to guarantee the provision of sai9 lanes
prior to occupancy of Phase II of the overa!1 subject project (located
to the north of subject property) oc within a period of three (3)
years from the date the security is posted, whichever occurs first, or
at such time as may additio~ally he gran~e~l b,~ t'~c Citi ^ngineer.
7, That prior tu issuance of an occupancy perr~it for Phase I, the
developer of subject property shall pay the sum o~ fifty thousand
dollars ($50,000) or ~ubmit a letter of credit sakisfactory to the
City for the traffic signal assessment fund in iieu of acquiring
additional right-nf-way and installing an eastbound right turn lane on
Orangewood Avenue.
8. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall ~e paid to the City of Anaheim in an
amount as dPtermined by the City Council for new commercial buildings.
9. That prior to issuance of a buildiny permit, the owner(s) of subject
property shall execute and record a covenant in a Eorm approved by the
City Attorney agreeing that if, within three (3) years following
occupancy of the office building, the Cicy conducts a tzaffic study
which indicates that the off-street parking i.s inadequate for the
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office building, said owner shall construct a parking structure on the
subject pcoperty or shall otherwise provide additional off-street
parking in a number (not to exceed 51 additional spaces for a total of
397 spaces) and manner satisfactory to che City Engineer. Compliance
with the terms of the aforesaid covenant is an express and continuing
aondition of this permit. Additionally, prior to issuance of a
building permit for the office building, said owner(s) shall post a
faithful performancE bond with the City or submit a letter of credit
~r 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
caistructed in a timely manr.e*.
10. That within a period of thirty (30) days from the date o~ this
resolution, the owner of the subject property shall pay to the Citv
the balance ot the funds required for the comprehensive land use study
in an amount noc to exceed y12,5Cu. Pailure to comply with this
condikion within the specified time shall render this variance null
and void.
~ 11. That prior to the commencement of the activity authocized undet thi~
resolution, or prior to th
e time that e: building permit is issued, or
within a period of ninety (90) days f
rcmi the date of this resolution,
whichever occurs first, the owner(s) of subject propertv Sh
a
d
l
n
a
l execute
record a covenant in a form approve9 by the Cit
'
y Attorney
s Office
wherein such owner(s) agrea not to
contest the formation of any
assessment district(s) which may hereafter b
e formed pursuant to the
provisions oE Developr.ent Agreement No
83-01 b
.
etween the City of
Anaheim and Anaheim Stadium Associates, which di.strictfs)
include
h
'
suc
could
owner
s properl-y. Failur.e to comply with this condition
within the specified ti
me shall render this variance null and v
id
o
.
12. That pcioc lo i.suance of a building permit the ultimate driveway
location on State Colle
e B
l
y
ou
evard shall hA rev•ew~c~ ~n@ appr~~ed by
`hc ~itr ;cattic Engineer.
'
: 13. That the owner of subject pcoperty shall pay to the City of Aneheim a
fee for tree planting
ur
p
poses along State College IIoulevard and
Orangewcod Avenue in a
i n amount as determined by the City Council.
' 14. That che existing street lights along State College Boulevard and
Orangewood Avenue sh
ll b
~
1 a
e removed and shall be reinstalled as
requiced by the Utilities General
Manager in accordance with
s~ecifications on file in the Office uf Utiliti
es General Manager, and
that security in the form of a bond
, certificate of deposit, letter of
cr.edit, or cash, in an amount and form
satisfactory to the City of
Anaheim, shall be posted with the Cit
f
y o
guarantee the satisfactory
~ompletion of the above-mentionad i
mprovements. Satd security shall be
posted with the City of Anaheim prior t
o issuance of a building per;nit
to guacantee the installation o: a6ove-required im
provements prior to
occupancy of Phase I7 of the overall subject
r
p
oject (located to the
north of subject prcperty) or withi~
a period of three (3) years from
the date the security is posted, whichever
,'; occurs first, or at such
time as may additionally be granted by the Cit
E
~~ ~. y
ngineer,
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PC85-49
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15. That prior to commencement of structural framing, fire hydrants shall
be installed and char.ged as required and detecmined to be necessary by
the Chief of the Fire Uepartment.
16. That fire sprinklcrs shall be installed as required by the City Fire
Marshal7..
17• That trash storage areas shall be provided and maintained in
accordance with approved plans on fi2e with the Street Maintenance and
Sanitation Division.
18. That subject property shall be served by underground utilities.
~ 13. That prior to issuance of a building permit, the 3pplicant shall
submit written evidence to the City showing that a Letter of Map
~ Amendment has been obtained from the Fe~eral Emergency Management
A4ency, unlvss the City Flood Hazard Reduction Ordinance (No. 4236) is
to be satisfied.
20• That the proposal shall comply with all signing :equirements of the CO
Zon?, unless a variance allowing sign waivers is approved by the
Planning Commission or City Council.
21. That all driveways shall be constructed to accommodate ten (10? foot
radius curb returns as required by the City Traffic Engineer.
Y2. That all air conditioning facilities and other roof mounted equipment
shall be properly shielded from view.
23. That the owner of subject property shall submit a letter requesting
terminati~ : of Conditional Ose Pecmit No. 2596 to the Planning
Department.
24. That subject prcperty shall be developed substantially in accordance
with plans and spec9pz~a~io;~~ ~n Liia with the City of Anaheim marked
Exliibit Nos. 1 through 4.
25. That prior to issuance of a building pecmit, or within a perio~ of one
year from the date oE this cesolu*ion, whichevet occurs first,
Condition Nos. 1, 2, 3, 4, 5, 6, 8, 9, 12, 13, 14, 19 dnd 23
above-mentioned, shall be complied with. Extensions for further time
to complei.e said conditions may be granted in accordance with Section
18.03.090 01: the Anaheim Municipal Code.
25• n~hst prior to final building and zoning inspections, Condition
16, 17, 18, 21, 22 and 24, above-mentioned, shall be complied
with.
B~ IT FURTHER RESOLVED that tha Anaheim City Planning Commission does
hereby finH and de*_errnine that adoption of this Resolution is expreasly
predicated Upon app]icant's compliance with each and all o£ 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
containeci~ shall be deemed null and void.
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a;:. , . PC85-49
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TfIE FUREGOI:IG RESOLUTION is signed and approve by me this 2 Jth day of
February, 1985. ~ /
~I /
~ ~~. ~.L/~ ~~. :,1~ ~~
CFtTtIRMA[3~ ANAHGIM CI Y PLANNZNG COMMISSION
ATTEST:
`~~' ~ ' ~~,~ ~
SECRETARY~ ANAHF.IM CITY PLANNI~4ISS_TON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAIiEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolutton was passed and adopCed at a meeting of
the Anaheim City Planning Commission held or February 20, 1985, by the folSowing
vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FR`_', FIERBST, LA CLAIRE~ !1C BURNEY
NOES: COMMISSZONERS; NONE
ABSENT: COMMISSIONERS: KIN~
IN [~1ITt:ESS WFiEREOF, I have hereunto set my hand this 20th day of
February, 1985.
l' bi.i-rLis~-' ~
SECRETARY, At7AEiEIN. CZTY PLANNTNG COMMISSION
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PC85-49
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