86R-043
RESOLUTION NO. 86R-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2748.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from STEINY & COMPANY, INC., 2230 East Orangethorpe Avenue,
Fullerton, California 92631, owner, and BAY DEVELOPMENT
CORPORATION, 19600 Fairchild, Suite 200, Irvine, California 92715,
agent, upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THOSE PORTIONS OF THE THIRD CLASS ALLOTTED TO F.
YORBA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION
OF THE RANCHO CANON DE SANTA ANA, A CERTIFIED COpy OF
WHICH HAS RECORDED FEBRUARY 8, 1974 IN BOOK 28, PAGE
158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA DESCRIBED AS FOLLOWS:
PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 87, PAGE 17
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA; 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
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. PC86-9 denying
Conditional Use Permit No. 2748; 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 consi-
deration 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 adjoin-
ing 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission denying said conditional
use permit be, and the same is hereby, reversed and that
Conditional Use Permit No. 2748 be, and the same is hereby,
granted permitting an industrially-related office complex in the
ML(SC), Industrial, Limited (Scenic Corridor Overlay) Zone on the
hereinabove described real property, subject to the following
conditions:
1. That prior to issuance of a building permit! the
appropriate traffic signal assessment fee shall be paId to the
City of Anaheim in an amount as determined by the City Council
for each new commercial and industrial building.
2. That all engineering requirements of the City of
Anaheim along Lakeview Avenue, including preparation of
improvement plans and installation of all improvements such as
curbs and gutters, sidewalks, water facilities, street grading
and pavement, sewer and drainage facilities, or other appurtenant
work shall be complied with as required by the City Engineer and
in accordance with specifications on file in the Office of 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 satisfactory to the City of Anaheim, shall be posted
with the City to guarantee the satisfactory completion of said
improvements. Said security shall be posted with the City prior
to issuance of building permits, to guarantee the installation of
the above-required improvements prior to occupancy.
3. That prior to issuance of a building permit, the owner
of subject property shall pay the appropriate drainage assessment
fees to the City of Anaheim in an amount as determined by the
City Engineer.
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4. That all driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
5. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
6. That street lighting facilities along Lakeview Avenue
shall be installed as required by the Utilities General Manager
in accordance 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 guarantee the satisfactory completion of
the above-mentioned improvements. Said security shall be posted
with the City of Anaheim prior to issuance of building permits.
The above-required improvements shall be installed prior to
occupancy.
7. That subject property shall be served by underground
utilities.
8. 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.
9. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
10. That prior to issuance of a building 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.
11. That as required and approved by the City Traffic
Engineer, a median island shall be constructed on Lakeview Avenue
beginning 60 feet north of the northerly property line and
running southerly to connect with the existing median island.
12. That the proposal shall comply with all signing
requirements of the ML Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
13. That the proposed office uses shall be limited to the
following listed uses and that a covenant reviewed and approved
by the City Attorney's Office so limiting said uses shall be
recorded in the Office of the Orange County Recorder, a copy of
which shall be presented to the Planning Department:
1. Accounting - Bookkeeping, CPA Firms or Temporary
CPA Firms
2. Advertising
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3. Appraisers
4. Banks
5. Brokers - Real Estate, Business Opportunities,
Etc.
6. Business System Companies
7. Communication Consultant
8. Credit Reporting Agency
9 Designer - Industrial, Interior, Graphic
10. Development Companies
11. Insurance Companies/Agencies
12. Inventory Services
13. Leasing Companies
14. Management Consultants/Companies
15. Marketing Research
16. Personnel Agency
17. Sales Office (Outside, as it relates to the
industrial)
18. Secretarial Services
19. Any use permit under Zoning Code Section
18.61.020, subject to all conditions of said
Section
Each individual use shall require the approval of the
Planning Department prior to occupancy which approval shall only
be given when it is demonstrated by the applicant that such use
is either an expressly permitted use in such zone or meets the
criteria of Section 18.61.050.605 of the Anaheim Municipal Code.
14. That the owners of subject property shall acquire a
recorded covenant granting an access easement from the property
owner immediately south of subject property for ingress and
egress purposes to subject property. Said easement shall be
designed in a manner satisfactory to the City Traffic Engineer
and said covenant shall be in a form satisfactory to the City
Attorney.
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15. That prior to the issuance of a building permit subject
property owner shall pay $1.05 per square foot for financing and
construction of the Foothill/Eastern Transportation Corridor
pursuant to the Major Thoroughfare and Bridge Fee Program,
adopted by City Council on September 24, 1985.
16. 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 5.
17. That prior to issuance of a building permit, or within
a period of one year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 3, 10, 13, 14 and 15,
above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
18. That prior to final building and zoning inspections,
Condition Nos. 2, 4, 5, 6, 7, 9, 11 and 16, above-mentioned,
shall be complied with.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 28th day of January,
1986.
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-43 was introduced and adopted at a special
meeting provided by law, of the City Council of the City of Anaheim held on
the 28th day of January, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-43 on the 28th day of January, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 28th day of January, 1986.
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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. 86R-43 duly passed'and adopted
by the Anaheim City Council on January 28, 1986.
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CITY CLERK