Resolution-PC 2001-24~~ i
RESOLUTION NO. PC2001-24
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2000-04417 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, Counry of Orange, State of California
described as:
PARCEL 1:
LOT 4 AND THE EAST 46 FEET OF LOT 5 OF THE TRAVIS TRACT, AS
SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 120 OF
M~SCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
EXCEPTING FROM SAID LOT 4 THAT PORTION, LYING EASTERLY OF THE
CENTER LINE OF THE 40 FOOT COUNTY ROAD SECOND DESCRIBED IN
THE DEED FROM B. R. DOUGLASS AND OTHERS TO THE COUNTY OF
ORANGE, RECORDED OCTOBER 7, 1926 IN BOOK 682, PAGE 109 OF
DEEDS.
ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE
FINAL ORDER OF CONDEMNATION BY THE STATE OF CALIFORNIA, A
GERT~F~E~ ~OPY OF WHICH WAS REGO -RDED ~OVEMBER 2, 1964 lN
BOOK 7285, PAGE 833 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE
FINAL ORDER OF CONDEMNATION BY THE COUNTY IF ORANGE, CA
CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 30, 1965 IN BOOK
7648, PAGE 943 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN
AMENDED FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE
NO. 178586M A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 5,
1972 IN BOOK 10069, PAGE 290 OF SAID OFFICIAL RECORDS.
PARCEL 2:
BEGINNING AT A POINT IN THE SOUTH LINE OF LOT Y OF THE VAN DE
GRAAF TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 440
OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,
SAID POINT BEING 1443.6 FEET EAST OF THE POINT WHERE THE SOUTH
LINE OF SAID LOT Y PRODUCED WEST, INTERSECTS THE WEST
BOUNDARY OF THE RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH
1012.35 FEET TO THE SOUTH LINE OF THE SOUTHERN PACIFIC
RAILROAD RIGHT OF WAY; THENCE NORTHEASTERLY ALONG THE
SOUTH LINE OF SAID RIGHT OF WAY 455.9 FEET; THENCE SOUTH
11904.25 FEET TO THE SOUTH LINE OF LOT Y; THENCE WEST 447.0 FEET
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF THAT CERTAIN PROPERTY
DESCRIBED IN DEED RECORDED JUNE 20, 1928 IN BOOK 169, PAGE 417
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OF OFFICIAL RECORDS, WHICH SAID POINT OF BEGINNING IS DISTANT
SOUTH, MEASURED ALONG THE SAID EAST LINE 81 FEET FROM THE
CENTER OF THE SOUTHERN PACIFIC RAILROAD AND RUNNING THENCE
FORM SAID POINT OF BEGINNING SOUTH ALONG SAID EAST LINE 25
FEET; THENCE AT RIGHT ANGLES EAST 20 FEET; THENCE AT RIGHT
ANGLES NORTH 25 FEET; THENCE AT RIGHT ANGLES WEST 20 FEET TO
THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE
FINAL ORDER OF CONDEMNATION BY THE STATE OF CALIFORNIA, AS
CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 2, 1964 IN
BOOK 7285, PAGE 833 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN
AMENDED FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE
NO. 178586, A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 5, 1972
IN BOOK 10069, PAGE 290 OF SAID OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 26, 2001, 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 variance and to investigate and make
findings and recommendations in connection therewith; and that the hearing was continued from the
meetings of December 18, 2000, January 3, January 29, and February 12, 2001; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes waiver of the following to construct one 2-story office
building and one 4-story office building:
Section 18.50.130.020.0207 - Minimum landscaped setback abutting a freeway.
(25 feet required in the Sports Entertainment (SE) Overlay zone;
5 to 20 feet proposed)
2. That the property is currently developed with a commercial parking lot in the ML (Limited
Industrial} zone; and that the Anaheim General Plan Land Use Element designates this property
"Business Office/Mixed Use/Industrial."
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
properry involved or to the intended use of the property that do not apply generally to the property or class
of use in the same vicinity and zone.
4. That there are special circumstances consisting of its triangular shape, topography,
location and surroundings, which do not apply to other identically zoned properties in the vicinity; that the
existing Caltrans right-of-way slope along the freeway provides landscaping; and that the difference in
grade between the freeway and the subject property provides a buffer befinreen the proposed
development and the freeway.
5. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity because the property across Katella
Avenue to the south between the freeway and Douglass Road was granted a similar waiver for the hotel
currently under construction.
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6. That the requested waiver is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, and denied to the
property in question.
7. That the requested waiver 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.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct one 2-story office building and one 4-story
office building with waiver of minimum landscaped setback abutting a freeway on an irregularly-shaped
7.25-acre properry having a frontage of 1,560 feet on the west side of Douglass Road, a maximum depth
of 513 feet, being located 690 feet north of the centerline of Katella Avenue, and further described as
1501 - 1551 South Douglass Road; and does hereby determine that the previously-certified
Environmental Impact Report No. 321 is adequate to serve as the required environmental documentation.
NOW, THEREFORE, 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 the Citizens of the City of Anaheim:
1. That the property owner shall coordinate the installation of a traffic signal on Douglass Road with
the ~rrop~rty owner of the Arena CorRoraEe Eenter projee# on the eas~ side of Douglass Road: The
cost of the design and construction of the signal and the associated maintenance fees shall be paid
by both property owners. The signal shall be installed prior to issuance of the first building permit.
2. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public streets. Installation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic
and Transportation Manager prior to issuance of a building permit.
3. That plans shall be submitted to the Ciry Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
4. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shown on plans submitted for building permits, as required by the
Department of Public Works, Streets and Sanitation Division.
5. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
6. That the water backflow equipment and any other large water system equipment shall be installed
to the satisfaction of the Water Utility Division in either underground vaults or behind the street
setback area in a manner fully screened from all public streets and freeways.
7. That this project has landscaping areas exceeding two thousand five hundred (2,500) square feet
and, therefore, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency" of Anaheim Municipal Code and Ordinance No. 5349.
8. That the legal property owner shall irrevocably offer to dedicate to the Ciry of Anaheim a twenry
(20) foot wide easement for water service mains and/or an easement for large meters and other
public water facilities.
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9. That trash storage areas shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to
be readily identifiable to adjacent streets or freeways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building permits.
10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
11. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an
easement for public utility purposes to be determined as electrical design is completed.
12. That all air conditioning facilities and other roof and ground-mounted equipment shall be properly
shielded from view. Such information shall be specifically shown on the plans submitted for
building permits.
13. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
14. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damagee4, diseased and/or dies.
15. That the location(s) for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be
shown on plans submitted for building permits. Said plans shall specify the screening treatment of
each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.)
and shall be subject to the review and approval by the appropriate city departments.
16. That signage for subject facility shall be limited to one (1), single-faced 10 foot wide by 6 foot high
monument sign with back-lit individual steel letters identifying "Anaheim Corporate Center" and as
depicted on Exhibit No. 13. Wall signs shall be limited to two (2), five (5) foot high by forty (40)
foot wide primary tenant signs per building located on the south and west elevations on non-
contiguous building corners; and two (2), one and seventeen hundredth (1.17) foot high by sixteen
(16) foot wide secondary tenant signs per building located on the north and east elevations directly
above the first floor. Wall signs shall consist of individual channel letters in a color complementary
to the office buildings. Said information shall be specifically shown on plans submitted for building
permits.
17. That three (3) foot high street address numbers shall be displayed on the roof of the buildings in a
contrasting color to the roof material. The numbers shall not be visible to any street, freeway or
adjacent property. Said information shall be specifically shown on plans submitted for building
permits.
18. That the grading plan submitted by the developer shall include provisions for tree well construction
and installation of parkway trees and additional landscaping and irrigation in accordance with the
Circulation Element of the Anaheim General Plan and the Stadium Area Master Land Use Plan,
and as approved by the Parks Division and the City Engineer. The improvements shall be
completed prior to final building and zoning inspections.
19. That this Variance is granted subject to adoption of a zoning ordinance in connection with
Reclassification No. 2000-00039, now pending.
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20. That a lot line adjustment shall be submitted to the Public Works Department, Development
Services Division, to merge the existing parcels into one (1) legal lot. The lot line adjustment shall
be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior
to issuance of a building permit.
21. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos.1 through 18, and as conditioned herein.
22. That a letter shall be submitted to the Zoning Division requesting termination of Conditional Use
Permit No. 3700 (to establish and construct a parking area adjacent to an indoor sports and
entertainment facility with waiver of required landscaping).
23. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 20,
22 and 26, herein-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.
24. That prior to final building and zoning inspections, Condition Nos. 6, 7, 18 and 21, herein
mentioned, shall be complied with.
25. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or
approval of tk~~ req~est r-egarding any other applicable ordinance, regulation or requirement_
26. That the property owner shall coordinate the installation of a traffic signal on Douglass Road with
the property owner of the Arena Corporate Center project on the east side of Douglass Road. The
cost of the design and construction of the signal and the associated maintenance fees shall be
paid by both property owners. Prior to the issuance of the first building permit, the applicant shall
pay fifty percent (50%) of the cost of the traffic signal and for its continued maintenance.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of 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 contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at~ he lanning Commission meeting of
February 26, 2001. ~1 ~ ~ ,
CHAIRP~RSOf~(%A~IAf-fEIM CITY PLANNING COMMISSION
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ATTEST:
O ~,e~,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) ,
I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on February 26, 20010, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~`~ day of
t~~ , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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