86R-384
RESOLUTION NO. 86R-384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2777 (RECONSIDERATION).
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 BURNETT-EHLINE PROPERTIES, 2050 South Santa Cruz, #100,
Anaheim, California 92805, ATTN: C.L. BURNETT & BENTALL
PROPERTIES, 2050 South Santa Cruz, #100, Anaheim, California
92805, owner, and HARTY & HARTY, 14 Mountain View, Irvine,
California 92715, agent, upon certain real property located within
the City of Anaheim, County of Orange, State of California,
legally described as:
PARCEL A:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK
3, PAGE 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL B:
AN EASEMENT FOR DRIVEWAY PURPOSES OVER THAT PORTION OF
LOT 2 IN TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN
BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE EASTERLY
LINE OF THE LAND DESCRIBED IN DEED TO THE CITY OF
ANAHEIM, RECORDED AUGUST 3, 1962 IN BOOK 6201, PAGE
437 OF OFFICIAL RECORDS, WITH A LINE THAT IS PARALLEL
WITH AND DISTANT SOUTHERLY 180.00 FEET FROM THE
SOUTHERLY LINE OF LOT 3 OF SAID TRACT NO. 71 AND THE
WESTERLY PROLONGATION THEREOF, SAID POINT OF
INTERSECTION ALSO BEING A POINT IN A NON-TANGENT CURVE
IN SAID EASTERLY LINE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 1147.00 FEET, A RADIAL LINE THROUGH SAID
POINT BEARS NORTH 84 DEGREES 15' 18" WEST; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
o DEGREE 44' 57" AN ARC DISTANCE OF 15.00 FEET; THENCE
NORTH 70 DEGREES 10' 56" EAST 44.02 FEET TO A POINT IN
SAID PARALLEL LINE, SAID POINT BEING NORTH 89 DEGREES
59' 00" EAST 40.00 FEET FROM THE POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 59' 00" SECONDS WEST ALONG
SAID PARALLEL LINE 40.00 FEET TO THE POINT OF
BEGINNING; and
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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. PC86-80 granting, in
part, Conditional Use Permit No. 2777; 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 said public hearing the City Council denied
Conditional Use Permit No. 2777 by Resolution No. 86R-255; and
WHEREAS, on July 22, 1986, the above-mentioned
applicant submitted a request for rehearing on Conditional Use
Permit No. 2777, which was granted by the City Council on July
29, 1986, and set a public hearing on said request for August 26,
1986; 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 new evidence reports and revised plans 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.
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WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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; and
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; and
WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain
off-street parking requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions
imposed will not be detrimental to the peace, health, safety or
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 its action denying said conditional use
permit be, and the same is hereby, reversed and that Conditional
Use Permit No. 2777 be, and the same is hereby, granted
permitting an industrial-related office building on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.04.040
AND 18.61.063.011
SECTIONS 18.06.040.010, -
18.06.080 AND
18.61.066.020
SECTIONS 18.06.040.031, -
18.06.080 AND
18.61.066.050
Required landscaped setback.
(50 feet required; 10 feet
proposed)
Minimum dimensions of vehicle
accessways. (25 feet permitted;
23 feet proposed)
Maximum number of small cars.
(25% of total [9 spaces] per-
mitted; 43% of total [16 spaces]
proposed)
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 new commercial buildings.
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2. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land S3 feet
in width from the centerline of the street along Orangewood
Avenue for street widening purposes.
3. That if General Plan Amendment No. 210 pertaining to
Critical Intersections is adopted by the City Council, the owner
of subject property shall irrevocably offer to dedicate to the
City of Anaheim additional strips of land 12 feet in width along
State College Boulevard in addition to the 53 feet required in
Condition No.2 above, and along Orangewood Avenue. In the event
that said general pIan amendment is not adopted, this condition
shall be considered null and void.
4. That as required by Section 18.04.080.020 of the
Anaheim Municipal Code, the owner/developer of subject property
shall either post a faithful performance bond with the City
Engineer to guarantee the removal of existing street improvements
on Orangewood Avenue and reconstruction at the ultimate location,
or make a cash payment to the City of Anaheim for the cost of
said removal and reconstruction as provided for in said Code.
5. That the driveways shall be constructed or
reconstructed to accommodate ten (10) foot radius curb returns as
required by the City Traffic Engineer.
6. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
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 the commencement of the activity
authorized under this resolution, or prior to the time that a
building permit is issued, or within a period of ninety (90) days
from the date of this resolution, whichever occurs first, the
owner(s) of subject property shall execute and record a covenant
in a form approved by the City Attorney's Office wherein such
owners(s) agree not to contest the formation of any assessment
district(s) which may hereafter be formed pursuant to the
provisions of Development Agreement No. 83-01 between the City of
Anaheim and Anaheim Stadium Associates, which district(s) could
include such owner's property. Failure to comply with this
condition within the specified time shall render this conditional
use permit null and void.
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11. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit No.1 of Plan B; provided, however,
that minimum twenty-two (22) foot wide landscaped setbacks shall
be provided along the adjacent streets.
12. That prior to the commencement of the activity
authorized under this resolution, or prior to issuance of a
building permit, or within a period of one (I) year from the date
of this resolution, whichever occurs first, Condition Nos. 1, 2,
4 and 10, 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.
13. That prior to final building and zoning inspections,
Condition Nos. S, 6, 7, 9 and 11, above-mentioned, shall be
complied with.
14. That in accordance with the Stadium Area Strategy Study
and City of Anaheim Municipal Ordinance No. 4655, prior to
issuance of a building permit, the appropriate interim
development fee shall be paid to the City of Anaheim in an amount
as determined by the City Council for the proposed office
building.
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 ~ d~~.
MAYOR OF T E CITY OF NAHEIM
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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. 86R-384 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 26th day of August, 1986, by the following vote of the members thereof:
A.YES:
COUNCIL MEMBERS: Overholt, Bay and Roth
NOES:
COUNCIL MEMBERS: Kaywood and Pickler
ABSENT:
COUNCIL MEMBERS: None
A.ND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-384 on the 26th day of August, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 26th day of August, 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-384 duly passed and
adopted by the Anaheim City Council on August 26, 1986.
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CITY CLERK