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Resolution-PC 2001-25~ RESOLUTION NO. PC2001-25 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04324 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County 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 MISCELLANEOUS 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 ~~RTIFIED COPY OF WHICN WAS RECQRDED NQVEMBER_2, 1964 IN 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 CR5021 PK.doc -1- PC2001-25 ~ ~ 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 lN 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued from the meeting 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 proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.50.090.130 to permit a commercial parking lot in conjunction with a propose office complex. 2. That the subject 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 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. 4. That the size, shape and vehicular accessibiliry of the site for the proposed use is adequate to allow full development of the site as a commercial parking lot incidental to the proposed office complex proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That 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. 6. That granting of this 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. 7. That the proposed use of this property as a commercial parking lot in conjunction with the proposed office buildings is in accordance with the growth and development plans for the Stadium Area Master Land Use Plan. -2- PC2001-25 ~ • 8. That there will be no increase in the traffic generated by the proposed use because the site is presently used for event parking and, as conditioned herein, the orderly and safe flow of traffic to and from adjacent public streets will be ensured. 9. That granting of this conditional use permit to permit a commercial parking lot as an incidental use to a proposed office complex, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 10. 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 permit a commercial parking lot in conjunction with a proposed office complex on a irregularly-shaped 7.25-acre property 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 approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary_p~erequisite to the proposed_ use of the sub~ect_pxoperty in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That the property owner shall coordinate 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. The signal shall be installed prior to issuance of the first building permit. 2. That the existing northerly driveway on Douglass Road shall remain open during events for the purpose of egress and ingress to the site, as required by the Police Department. That the property owner shall be responsible for paying the full cost associated with the use of any Police Department and/or Traffic Management Center staff who may be needed for traffic control purposes. Further, the property owner shall cooperate with Police Department and/or Traffic Management Center staff to ensure the orderly and safe flow of traffic during events. 4. That the owner of subject property shall submit a letter 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). 5. Thaf the developer shall comply with Ordinance No. 5209 and Resolution No. 91 R-89 relating to Transportation Demand Management (TDM) through the provision of on-site taxi and shuttle bus loading zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program, and by installing bicycle racks. 6. That this conditional use permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 2000-00039 and approval of Variance No. 2000-04417, now pending. 7. That a minimum of four (4) cashiers shall be provided during events to ensure the orderly and continuous flow of vehicles into the parking lot. The number of cashiers may be adjusted by Tra~c Management Center and/or Police Department staff, as deemed appropriate. -3- PC2001-25 . . 8. That subject property shali 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 No. 1, and as conditioned herein. 9. That final plans for any proposed ticket kiosks and other access control equipment shall be architecturally compatible with the proposed buildings. Plans shall be submitted to the Zoning Division and the City Traffic and Transportation Manager for review and approval prior to submittal for building permits. Any decision by the Zoning Division and/or Traffic and Transportation Manager may be appealed to the Planning Commission as a"Reports and Recommendation" item. 10. That the property owner shall ensure that adequate parking is provided for tenants of the office complex at all times when the parking lot is being used for events; and that, as stipulated to by the petitioner, the parking lot shall only be used for evening and weekend events. 11. That no special events shall be permitted. 12. That prior to commencement of the activiry authorized by this resolution, or 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, 4, 6, 9 and 15, 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. 13. That prior to commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 5 and 8, herein mentioned, shall be co~plied wltk~. . 14. 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 the request regarding any other applicable ordinance, regulation or requirement. 15. 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 February 26, 2001. at tk}e PI ni g Cor}~r, nission meeting of CHA N1 AI~AH~IIGI CITY PLANNING COMMISSION -4- PC2001-25 . ~ ATTEST: ~ ~~~~ 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, 2001, 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 J~ day of ~~ i , 2001. ~ / SECRETARY, ANAHEIM CITY PLANNING CO MISSION -5- PC2001-25