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PC 79-175RESOLUTION N0. PC79-175 A RESOLUTION OF THE ANAHEIM LITY PLAN~IING COMMISSION THAT PETITION FOR CONDITIONAL USE PERHIT N0. 2015 Bf. G4ANTE0 WHEREAS, Che Anaheim Ci[y Planning Commisslon did receive a verified Petition for Condltional Use Permit from TRIPLE H. LANO CO., California Federat Building °560, 600 North Euclid Street, Anaheim, Califor~ta, 92801, owner, and JLP PAR7NERSHIP, c/o Lantkai investment Co., Ltd., I090 North Western Avenue ~'204, San Pa~ro, California 92805, agent, of certain real property situated in the City of Anaheim, County of Orange, State of Caltfornia, described as: THAT PORTIOPI ~F THE 110RTHwEST ONE-QUARTER Of SECTION 22, 70W~lSHIP 4 SOUTH, RANGE 10 WEST, SAtI BERNARDINO BASE AtdD MERIDIAt~, LITY OF ANAHEIM, COUtlTY OF CRANGE, STA7E OF CALIFORyIA DESCRIBED AS FOLL0415: BEGINNING AT Tt1E INTERSECTIOt~ OF HARBOR BOULEVARD AND BALL ROAD, CITY OF ANAHEIM, SRID INTERSECTION A150 BEING THE NGRTH O~IE- QUARTER CORNER OF SAID SECTIO~ 22; THENCE ALONG Tf1E CENTERLiNE OF HARBOR BOULEVARD, ALSO BEING 7HE EAST LItIE OF Tt1E NORTHWEST ONE-QUARTER OF SAID SECTION 22, SOUQN400°~~~6'~ST, 30A00 5°•90 FEET; THENCE A7 RiGHT ANGLES, SOUTN 89 3 fEET TO A LINE PARALIEL 411TH AND DISTA~IT NESTERLY 30.00 FEET FROM SAID EAST LIt~E, TO THE TRUE POINT OF BEGINtiIt~G; THENCE ~10RTH 4~ 09' Sa" WEST, 21.25 FEE7 TO A POINT I~~ A LINE PARALLEL W~FRO"1ATHE DISTANT SOUTHERLY 45.00 FEET MEASURED AT RIGHT ANGLES, kORTIi LINE Of SHID NORTNWE57 ONE-QUARTEP.; THEFICE ALOtIG LAST SAID PARALLEL LINE SOUTH 89° 55' 3b" WEST, 232.69 FEET TO THE INTERSECTION THEREOF WITN A CURI'E CONCA\~E NOftTHERLY, HAV111, A RADIU5 OF 650.00 FEET; THENCE 1JESTEP,IY ALONf SAID CURVE FRON A TANGENT uHiCH BEARS NORTH 82° 57' 43" WE57, TNROUGH AN ANGLE OF 07~ p$' 21" AN ARC DISTANLE OF 80.99 FEET TO A LIt7E PARALLEL 41lTH AND DISTANT SOUTHERLY 30.00 fEET FRON SAID NORTH LINE; THENCE NORTH OC1~ ptF~ p4~~ tlEST, 30.00 FEET 70 SAID NORTN LINE; THENCE ALOt1G SAIO NORTN LIt1E SOUTN 89° 55' 36" WEST, 295•z7 FEET MdRE GR LE55 TQ A POINT IN SAID t~ORTH LINE DEING TtiE EASTERLY TEFtMINUS OF THAT CER'AIN COURSE DESCRIBED AS HAVING A BEARING OF NORTH 89° 55' 5~" EAST, AtID A LENGTH OF 141.77 FEET IN LAtIDS CONVEYED 70 THE STATE OF C1ILIFORNIA, RECORDED AUGUST 8, i95~ ~N BOOK 2052 PAGE 456 OF OfFIC1AL RECORDS, ORANGE COUN7Y; TFIENLE AT RIGHT ANGLES TO SAID NORTH LINE SOUTtI 00° 04' 24" EAST, 30.00 FEET; 7NENCE SOUTH 240 31' 33" U~ST, 24.99 FEET TO A LINE PARALLEL NITN AND DISTANT 65.00 FEET NORTHEASTERLY,MEASURED AT RIGHT ANGLES, FROH THE NOR7HEASTERLY LINE OF THE 100.00 FOOT STRIP OF LAIID DESCRIBED IN DEED TO Tt1E WESTERN DEVELOPMENT COMPANY, RECORDED JUNE 12, 187b, IN BOOK 44 PAGE 496. OF DEEDS tN THE ~FFICE OF THE RECORDER OF LOS ANGELES COUNTY, CALIFORNIA; THENCE ALONG LAST SAID PARALLEL LINE 50UTH 40° 52' 20" EAST, 871.38 FEET MORE OR LESS 70 THE NORTHNESTERLY TERMiNUS OF THAT CERTA{N COURSE DESCRIBED AS HAVING LANDSACONVEYEDNTOTTHEOSTATE OF'CALIFORN/AA RECORDEDF DECEHBERET2yP; 1954 ~N BOOK 2905 F'AGE 419 OF OFFICIAL RECORDS. ORANGE COUNTY; PC79-~75 .~. ~ THENCE tlORTH 03° 48' 44" EAST~ 362.40 FEET; THENCE NORTH 11° 02' 10" EAST~ 204.16 fEET MORF OR LE55 TO A POI~~T ~N A LINE PAR/1LLEL WITH AND 30.00 FEET DISTAIIT MEASURED A7 RIGHT AtJGLES FROM SAID EAST LINE OF SAID PlORTHUEST Ot1E- QUARTER; THE~lCE ALO~IG LAST SAID PARALLEL LINE NORTH 00° 16~ 16" WEST, 90.46 FEET TO THE TRUE POIMT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public heart~g at the City Hall in the City of Anaheim on August 27, 1979, a[ 1:30 p.m., notice of said public hearing having been duly yiven as required by lari and In accordance with the provisions of the pnaheim Municipal Code, Chapter 1~i.03, to hear and constder evidence for and agalnst sald proposed condiclonal use permit and to investl9ate and make findings and recommendattons in connection therewith; and WHEREAS, said Commission, after duc inspection~ Investi9ation and study made by itself and in Its behalf, and after due consideration of all evidence and reports offered at sald hearfng, does find and determfne the followin9 facts: 1, That the propesed use is properly one for which a conditionai use permit ts autorized by Anahelm Municipal Lode Sectlon 18.03.030.Q10 and !8.4E.050.130 to wit: to permit a commercial office complex in the CR (Commerciai, Recreatlon) Zone with a watver of: SECTION18.06.060 - Pflnimum number of arkin s aces. 07 requ red; 3 7 proposed 2. That the proposed use ts hcreby granted subJect Lo the petitioner~s stipulation at the public hearing that he will meet with the eight permanent trafler tenancs to di~cuss a satisfactory plan for relocation. 3. That the proposed waiver is hereby gran[ed on the basis that the deviance from the Zoning Code is insignificant amounting to less than 5$ of the required number of parking spaces. 4. Thai Lhc ptoposed use xE)1 noi advcrsely affect thc adJo}ning land uses and the growth and development of the area tn which it is proposed to be located. 5. That the size and shape af the site proposed for [he use is aciequate to allow the full devetopment of the proposed use Tn a manner not detrtment~l to the particular area nor to the peace, health, safety, and general welfare of the Citizens of che City of Anahetm. 6. That the gran[Ing of the Conditlonal Use Permit und~r the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens af the CTty of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways deslgned and improved to carry the traffic tn the area. 8. That 5 persons Indicared thetr presence at said public hearin9 in opposiLion; and that no correspondence was received in opposition [o the subJect petitlon. -2- Pc79-t75 v' ENVIRONMENTAL IMPACT FINDING: That the Anahein City Ptanning Commission has reviewed the proposa to perm t a commercial office compl~x In the Ck (Commercfal Recreatton) Zane with a waiver of minimum number of p~rking spaces on an irregularly- shaped parcel of land consistin9 of approximately 5.7 acres located at the southwest corner of Ball Road and Harbor Boulevard, havin9 a frontage of approxtmately 360 feet on the south side of Ball Road and a frontage of 270 feet on the west side of Harbor Boulevard; and does hereby approve the Negative Declaration from thc requirement to prepare an environmen[al Impac[ report on the basis that there would be no significant tndividua~ or cumulative adverse environmental tmpact due to the approval of this tJegative Declaratlon since the Anaheim General Plan designaCes the subJect property for commercial recreation land uses commensurate wi[h [he proposal; that no sensltive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitlo~er indtcates no significant indtvidual or cumulative adverse environmental impacts; and that [he Negative Deciaration substantiating the foregoing findings is on file in the Ctty of Anaheim Planning Department. IIOW, TNEREFORE, 4E IT RESOLVED thai the Anaheim Gity Planning CommissTon does hereby grant subject Peti[lon for Conditional Use Permit, upo~ ihe following conditions which are hereby found to be a necessary prerequisite to the proposed use of ihe subject proper[y in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: i. Tha[ the owner(s) of subJect property shall dced to the City of Anaheim a strip of land the width of which shall be determined by c~e City Engineer alon9 Harbor Boulevard and Bail Road for s[reet ~•1ldening purposes. 2. That all engineering requirenents of the City of Anaheim along Harbor Boulevard and Ball Road includin9 preparation of improvement plans and ins[allation of all improvements such as curbs and gutters, sidewalHs, street grading and paving, drainage facilities or other appurtenant rrork, shall be complied with as required by the CTty Engineer and in accordance with standard pla~s and speciftcations on file in the Office of the City Enginesr; that street lfghttn9 facil(ties along Harbor Boulevard and Ball Road shall be tnstalled as required by the Office of Utilities General Manager, and tn accordance wtth specifications on file in the Office of the Office of Ut11it1e5 Gener~l Nanagrr; ~nd/or [hat ~ h~nd, certificate of deposit, letter of credit, or cash, in an amount and form satisfac[ory to the City of Anaheim shail be posted with [he Clty to guarantec the lnstallatfon of the above-mentioned requirements prior zo occupancy. 3. That a circulatton plan showtng left-hand turn access from Harbor Boulevard only and including raised medlans In both Harbor 8oulevard• and Ball Road shall be submitted to and app:oved by the City Traffic Engineer; and shall then be constructed by the petittoner at the time thTs property Ts developed. 4. That trash storage areas shalt be provided In accordance with approved plans on ftle wlth the Offlce of the Executive Director of Public Works. 5. That ffre hydrants shall be Installed anJ charged as requlred and determined to be necessary by the Chlef of the Flre Depar[ment prior to commencement of structural framing. b. That subJect property shall be served by underground uttlitles. _3_ PC79-175 Y 1 \ . 7. That dralnage of subJect property shall be disposc~ of in a manner satisfactory to the City Engineer. 8. That the owner(s) of subJect property shall pay the traffic signa) assessment fee (Ordinance fio. 3896) in an amount as determined by the Ci[y Councii, for commercial buildings prlor to the issuancE ef a building permit. 9, That appropriate watei assessment fees as determined by the Office of Utiltties General Manager shall be paid to the City of Anaheim prior to the issuance of a building permlt. 10. That the proposed office and rescaurant complex shall comply with all signing requirements of the CR Zone. 11. That this Condttional Use Permtt is granted subJect to the completion of Reclassification No. 66-67-61, now pending. 12. That the owner(s) of subject property shall submtt a letter requcsting the termination of Varfance No. 2434 and Conditlonal Use Pernit Nos. 33 and 254 to the Planning Department. 13. That subJect property shali be developed substantfally in accordance with plans and speciflcations on file wi[h the City of Anahetm marked Exhibit Nos. 1~ 2, 3 and 4; provided, however, that ratsed medians shall be constructed tn Bail Road and Harbor Boulevard with one left turn access from Harbor Boulevard only. tk. That Condition Nos. 1, 2, 11 and 12, above-mentioned, shall be complled with prior to the commencement of the activity authorized under this resolu[ion, or prtor to the time that thc building permtt is Issued, or within a pcriod of one year from date hereof, whichever occurs first, or such fur[her time as the Planning Commission may grant. 15. That Condition Nos. 4~ 6, 7 and 13~ above-menttoned, shall be complied with prior to fi~al bullding and zoning Inspections. BE IT FURTHER RESOLVED that the Anahcim City Plan~ing Cam~Ission does here6y find and determine [hat the adoption of this Resolution is expressly predicated upon appltcant~s compltance with each and all of the co~ditions hereinabove set forth. Should any condltion or any part thereof, be declared tnvatid or unenforceable by the final Judgment of any court of competent Jurisdiction, then this Resolution, and any approvals herein contalned, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 27th day of August, t979. CT HAIRMAN ANAHEIM CITY PLANNING COMHISSION ATTEST: ~~~ . M AN Z`~Z:bM iF~~TO~J -4- PC79-175 _ . _ _.. ~- ~' V j ' ~ J r ~ i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edlth L. Narrls, Secretary of the Anahcim City Planning Canmisston~ do hereby certify that the fore9oing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 27, 1?79, at 1:30 p.m.,by the following vote of the members thereof: AYES: COMMISSIONERS: DAVID. FRY~ HERBST~ KING NOES: COHMISSIONERS: NONE ABSENT: COMMISSIONERS: BARNES~ BUSNORE, TOLAR IN 111TNE55 uIiEREOF, t have hereunto set my hand this 27th day of August, 1979. ~,~~/, x! ~,~,~_ SECRETARY, ANpH IH CITY P~ANNING COMMISSION -5- PC79-175