RES-1989-473
RESOLUTION NO. 89R-473
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3224.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from the CITY OF ANAHEIM, licensee, and OGDEN PROJECTS, INC.,
agent, to permit an off-street parking facility (in conjunction
with and accessory to a multiple-purpose arena facility to be
constructed and operated upon adjacent property) upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
Parcel 1
That portion of Lot W. in the City of Anaheim,
County of Orange, State of California, of the Van
de Graaf Tract, as shown on a map recorded in
book 4, Page 440 of Miscellaneous Records of Los
Angeles County, lying within that certain parcel
conveyed to Orange County Flood Control District
by Deed recorded February 6, 1939 in Book 987,
Page 432 Official Records in the Office of the
County Recorder of Orange County, California.
EXCEPTING THEREFROM the Northerly 25 feet thereof
included within the right of way of the Southern
Pacific Railroad company.
The above parcel 1 is intended to describe all
that property lying Easterly of the East fence
line of property occupied by the Orange Tree
Mobile Home Park.
Parcel 2
That portion of Lot W of the Van de Graaf tract,
in the City of Anaheim, County of Orange, State
of California, per map recorded in Book 4, Page
440 of Miscellaneous Records, in the Office of
the County Recorder of Los Angeles County,
California, that lies Westerly of a line
described as follows:
Beginning at a point on the centerline of Katella
Avenue, distant thereon South 880 54' 42" East
767.05 feet from the centerline of Douglass
Street; thence North 210 571 27" East 2421.03
feet to a spike and washer on the centerline of
the Southern Pacific Railroad right of way
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distant thereon North 890 37' 22" West 2960.12
feet from the centerline of Batavia Street.
EXCEPT that portion thereof lying Northerly of
the southerly line of said railroad right of way.
ALSO EXCEPT that portion thereof lying within the
land conveyed to Southern Pacific Transportation
Company, a corporation, as Parcel No. 1310.3 in
the Grant Deed recorded June 19, 1974 in Book
11175, page 460 of Official Records of Orange
County.
Parcel 3
That portion of Lot 3 of the Travis Tract, in the
Rancho Santiago de Santa Ana, City of Anaheim,
County of Orange, State of California, per map
recorded in Book 5, Page 120 of Miscellaneous
Records, in the Office of the County Recorder of
Los Angeles County, California, that lies
Westerly of a line parallel with and Easterly
490.00 feet from a line described as follows:
Beginning at a point on the centerline of Katella
Avenue, distant thereon South 880 54' 42" East,
767.05 feet from the centerline of Douglass
Street, thence North 210 57' 27" East 2421.03
feet to a spike and washer on the centerline of
the Southern Pacific Railroad Right of Way,
distant thereon North 890 37' 22" West 2960.12
feet from the centerline of Batavia Street.
EXCEPT that portion thereof lying Westerly of the
Westerly line of that certain 70.00 foot wide
strip of land described as "Parcel No.1", in the
deed to the Orange County Flood Control District,
recorded November 23, 1938 in Book 965, Page 554
of Official Records in the Office of the County
Recorder of Orange County, California.
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. PC89-3l8 denying
Conditional Use Permit No. 3224; and
WHEREAS, thereafter, within the time prescribed by law,
the City Council, at the request of the Planning Commission,
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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 has heretofore certified Final
Environmental Impact Report No. 299 relating to, in part, the
subject of this application and has duly considered the
information contained therein and has adopted certain findings and
a statement of overriding considerations in conjunction therewith;
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:
l. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code for the
following reasons:
a. The proposed use is to establish an off-street parking
facility in conjunction with and accessory to a multi-purpose
arena to be constructed, maintained and operated upon adjacent
property; and
b. The proposed use will involve the legal assemblage of
persons and automobiles in conjunction with the operation of
amusement or entertainment facilities, to wit: the adjacent
multi-purpose arena facility; and
c. The property which is the subject of the proposed parking
facility use is located in the "RS-A-43,000" Residential,
Agricultural, Floodplain (FP) Overlay Zone of the City of Anaheim;
and
d. Section 18.21.050.020 of the Anaheim Municipal Code
authorizes the approval of conditional use permits in the
RS-A-43,000 Zone of the City of Anaheim for "amusement or
entertainment facilities involving the legal assemblage of persons
and/or automobiles;" and
e. The multi-purpose arena facility will be constructed,
maintained and operated upon certain property located in the "PR"
Public Recreation Zone of the City which zone authorizes arena
complexes as permitted primary uses pursuant to Section
18.86.020.040 of the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it
is proposed to be located for the following reasons:
a. The proposed use will be located adjacent to the
following existing uses: a mobilehome park, horse stables, the
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Santa Ana River, industrial development, commercial uses, a
discontinued county waste disposal transfer station, an orange
grove, one single-family dwelling, and the proposed multi-purpose
arena facility; and
b. Potential adverse effects of the proposed use will be
mitigated by incorporation into the project of those certain
mitigation measures identified and described in Paragraph 2 of
City Council Resolution No. 89R-47l adopting Final Environmental
Report No. 299 ("FEIR 299") for said project; and
c. It is recognized that certain environmental effects of
the proposed parking facilities use, such as intermittent noise,
traffic, and lighting will occur as described in FEIR 299,
however, such effects will not adversely affect the adjoining
land uses and the growth and development of the area in which the
project will 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 for the following reasons:
a. The site of the proposed parking facility use is
composed of approximately 17 acres of land of approximately
rectangular-shape; and
b. The proposed use will provide approximately 2710
off-street parking spaces (together with an additional
approximately 190 off-street parking spaces on the adjoining
arena site) for use in conjunction with the proposed arena; and
c. The proposed use will be located immediately contiguous
to the arena site and will provide a ten foot landscaped buffer
area and a six to ten foot high wall to separate such use from
surrounding land uses in the particular area; and
d. The proposed use will be conducted in accordance with
those certain mitigation measures identified and described in
FEIR 299 and adopted and incorporated into the proposed project
pursuant to Paragraphs 2 and 6 of City Council Resolution No.
89R-47l.
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 for the following
reasons:
a. The proposed project will generate approximately l,165
vehicle trips during the p.m. peak hour assuming a 20,000 seat
full-capacity event; and
b. The traffic mitigation measures identified in Sections
3.2.2 and 3.2.3 of FEIR 299 have been incorporated into the
project to address traffic on the affected streets and highways;
and
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c. Levels of service at certain intersections identified
on Tables 4-1, 5, 6 and 7 of FEIR 299 are unacceptable both prior
to and after project implementation; incorporation of the
mitigation measures identified in Sections 3.2.2 and 3.2.3 of
FEIR 299 will result in some intersections (identified on said
Tables) remaining at unacceptable levels while other
intersections (identified on said Tables) will have improved
levels of service; implementation of the project with the
mitigation measures herein described will not impose an undue
burden on the streets and highways 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
for the following reasons:
a. Implementation of the project will require compliance
with each of the mitigation measures identified in Paragraphs 2
and 6 of City Council Resolution No. 89R-47l; and
b. Said mitigation measures are required to be
incorporated into the project to avoid conditions detrimental to
the peace, health, safety and general welfare of the citizens of
the City of Anaheim; and
c. The proposed project will result in economic and social
benefits beneficial to the general welfare of the citizens of the
City of Anaheim, the surrounding community, and the public
generally, as identified in Paragraph 5(a) of City Council
Resolution No. 89R-47l.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity for the following
reasons:
a. The proposed use (and multi-purpose arena) is unique in
the City of Anaheim; and
b. Portions of said use will be located adjacent to or
contiguous with certain other property currently developed as a
2l9-space mobilehome park (with one additional single-family
dwelling); and
c. The subject property (combined with the adjoining arena
site) is an extremely large (approximately 26 acre) site of
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unusual shape which causes two sides of the site of the proposed
total use to be contiguous to the property line of the above
described existing mobilehome park; and
d. As a mitigation measure to potential adverse
environmental effects of said proposed use to the adjoining
property use, FEIR 299 proposes a maximum ten foot high wall as a
buffer between said uses; and
e. Other properties in said vicinity and zone are not of
the unique size and shape of the subject site, nor is a
comparable site in said vicinity available or adequate for the
proposed use as documented in Section 5.2 of FEIR 299.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity for the following reasons:
a. Other properties in the same vicinity and zone can be
developed to their highest and best use and provide adequate
mitigation of the environmental effects of such uses by
construction of the maximum six foot high wall otherwise
permitted by the Anaheim Municipal Code as a buffer from
surrounding land uses; and
b. Due to (i) the unusual size and shape of the site, (ii)
the nature of the proposed use, and (iii) the location of the
surrounding land uses, the proposed site, as the unique location
for the arena in the vicinity, could not be fully developed for
such use without incorporation of the mitigation measures
identified in FEIR 299 into the project, one of which would
require the construction of the proposed maximum ten foot high
wall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3224 be, and the same is hereby,
granted permitting an off-street parking facility (in conjunction
with and accessory to a multiple-purpose arena facility to be
constructed and operated upon adjacent property) on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTION l8.04.043.l02
AND 18.21.064.090
- Maximum fence height.
(6 feet permitted; lO feet
proposed).
subject to the following conditions:
1. That exercise of the rights granted pursuant to this
conditional use permit shall only be permitted and occur
following the adoption of the zoning ordinance in
Reclassification Proceedings No. 89-90-29.
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2. That development of the parking facilities use
("project") on the subject property shall comply with all of the
mitigation measures for said project, as identified and described
in the mitigation monitoring program ("program") adopted for said
project pursuant to Paragraph 6 of Resolution No. 89R-47l, prior
to commencement of such use, or at such earlier time as may be
specified therefor in said program. The mitigation measures for
said project as described in said program are hereby adopted by
this reference as if set forth in full herein and by this
reference made express conditions of approval for development of
said project.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 27th day of December,
1989.
AT~}{~
CITY CLERK OF THE CITY OF ANAHEIM
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-473 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of December, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter
NOES:
COUNCIL MEMBERS: Pickler
ABSENT:
COUNCIL MEMBERS: None
AND,I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-473 on the 3rd day of January, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of January, 1990.
~~7f~
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. 89R-473 duly passed and
adopted by the Anaheim City Council on December 27, 1989.
~et 7! s;:'~
CITY CLERK OF THE CITY OF ANAHEIM