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PC 81-252A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2280 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from BURNETT EHLINE COMPANY, 1900 E. 4th Street, Suite 106, Santa Ana, California, 92702, owner, and SHAMROCK VENTURES, INC., 14 Mountain View, Irvine, California, 92715, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: RESOLUTION NO. PC81 °252 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID FRACTIONAL SECTION, AS SAID EAST QUARTER CORNER IS SHOWN ON THE MAP FILED IN BOOK 43, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER: THENCE NORTH 0 DEG. 08' 00" WEST ALONG THE CENTER LINE OF PLACENTIA AVENUE AS SHOWN ON SAID FILED MAP, 335.76 FEET; THENCE SOUTH 89 DEG. 59' 35" WEST 631.98 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE QUITCLAIM DEED TO FALSTAFF BREWING CORPORATION RECORDED JUNE 20, 1961 IN BOOK 5759, PAGE 921 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE SOUTH 0 DEG. 41' 11" EAST, ALONG SAID EASTERLY LINE, 335.65 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEG. 59' 41" EAST, ALONG SAID SOUTH LINE 628.74 FEET TO THE POINT OF BEGINNING. EXCEPT THE SOUTHERLY 200.00 FEET OF THE EASTERLY 2.03.00 FEET THEREOF. AND PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON de SANTA ANA, AS SHOWN ON A HAP RECORDED I11 BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: THE SOUTHERLY 200 FEET OF THE EASTERLY 203 FEET OF THE FOLLOWING: BEGINNING AT THE EAST QUARTER CORNIER OF SAID FRACTIONAL SECTION, AS SAID EAST QUARTER CORNER IS SHOWN ON THE MAP FILED IN BOOK 43, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 0 DEG. 08' 00" WEST ALONG THE CENTER LINE OF PLACENTIA AVENUE AS SHOWN ON SAID FILED MAP, 335.76 FEET; PCB ®252 THENCE SOUTH 39 DEG. 59' 35" WEST 631.98 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE QUITCLAIM DEED TO FALSTAFF BREWING CORPORATION RECORDED JUNE 20, 1961 IN BOOK 5759, PAGE 921 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE SOUTH 0 DEG. 41' 11" EAST ALONG SAID EASTERLY LINE, 335.65 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEG. 59' 41" EAST, ALONG SAID SOUTH LINE 628.74 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 30, 1981, 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 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 18.61.050.120 to wit: To permit construction of a 15- story, 209 -foot high commercial office complex in the ML (Industrial, Limited) Zone with waivers of the following: (a) SECTION 18.61.062.011 - Maximum structural height (65 and feet permitted within 150 feet (of single family residential; 146 and 209 feet proposed . (b) SECTION 18.61.063.011 - Minimum landscaped setback (50 feet required along State College Boulevard and Orangewood Avenue; 15 feet proposed) 2. That the requested waiver (a) is hereby granted on the basis that the nearby single - family residential area is located in the County of Orange and the County does not have similar height requirements; therefore, there are special circumstances pertaining to subject property which do not affect other properties in the same zone and vicinity. 3. That the requested waiver (b) was withdrawn by the petitioner at the public hearing and the petitioner stipulated at the public hearing to comply with all applicable building setbacks as required by code. 4. That the proposed use is hereby granted subject to the following stipulations made by the petitioner at the public hearing: (a) To dedicate an easement to the City of Anaheim for a strip of land 63 feet in width from the centerline of the street along State College Boulevard for the purpose of installing a right -turn lane. (b) To participate in the public improvements needed for the cumulative development of the area, in an amount not to exceed one -2- PC81 -252 dollar ($1) per gross square foot of the total proposed commercial floor space. Said amount is based on testimony presented at the public hearing by a representative from Cabot, Cabot and Forbes as to their estimates for the cost of such improvements. (c) To participate in water and traffic facilities studies to determine short and long -term improvements necessary to achieve acceptable vehicular circulation and water service for the area, in an amount not to exceed fifty thousand ($50,000). Said amount shall count toward the over -all one dollar per square foot of floor space agreed to in (b) above - mentioned. Said studies shall be initiated prior to issuance of a building permit and shall be completed prior to final building and zoning inspections. (d) To install a right -turn lane in the easement along State College Boulevard in conformance with City of Anaheim plans and specifications. The cost of installation shall count toward the over -all one dollar per square foot of floor space agreed to in (b) above - mentioned. (e) To abide by all applicable Code requirements relative to setbacks. 5. That the proposed use, as granted, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 6. That the size and shape of the site proposed for the use, as granted, 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 of the Citizens of the City of Anaheim. 7. That 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. 8. That the traffic generated by the proposed use, as granted, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That after considering EIR No. 250 for the proposed commercial complex located at the northwest corner of State College Boulevard and Orangewood Avenue and reviewing evidence, both written and oral, to supplement the draft EIR, the Planning Commission finds that Draft EIR NO. 250 is in compliance with the California Environmental Quality Act and with the City and State EIR Guidelines; that the following environmental impacts have been identified in association with the project: (a) there will be temporary inconvenience to surrounding properties as a result of noise, dust and trucks during construction, (b) the project will cause an incremental increase in traffic, air pollution and noise -3- PC81 -252 levels; that there is traffic congestion in the area before and after major events at Anaheim Stadium, (c) the project will increase the demand for low and moderate income housing which is already in very short supply throughout the County; that the following mitigation measures will be employed to reduce these environmental impacts: (a) compliance with City codes, conditions, policies and procedures, (b) the project applicant will participate in an area traffic study and will provide mitigation measures for reducing the traffic impacts of the project which are identified in the study; therefore, the Planning Commission certifies EIR No. 250 and adopts the following Statement of Overriding Considerations. The approval of Conditional Use Permit No. 2200 for the proposed construction of a commercial complex on the northwest corner of State College Boulevard and Orangewood Avenue could result in the significant environmental impacts which have been identified above. However, the project will bring economic benefits to the City by providing employment for residents of Anaheim and surrounding area NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant, in part, subject Petition for Conditional Use Permit, 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 caner(s) of subject property shall dedicate an easement to the City of Anaheim for a strip of land 63 feet in width from the centerline of the street along State College Boulevard for the purpose of installing a right - turn lane. 2. That the owners) of subject property shall install a right -turn lane in the above - mentioned easement along State College Boulevard in conformance with City of Anaheim plans and specifications. 3. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 4. That the owners) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along State College Boulevard and Orangewood Avenue. 5, That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 6. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 7. That subject property shall be served by underground utilities. 0. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for commercial buildings prior to the issuance of a building permit. -4- PC81 -252 9. That the developer shall extend the existing median island in State College Boulevard, northerly as required by the City of Anaheim Traffic Engineer. 10. That the electrical transformer location shall be subject to the approval of the Director of Public Utilities. 11. That all accessways for trash collection and fire vehicles shall maintain a minimum vertical clearance of 14 feet. 12. That prior to the issuance of building permits, the developer shall fund (or participate in the funding of) a comprehensive traffic study and a water facilities study at a cost not to exceed $50,000 for the Stadium Industrial Area to identify short and long -term improvements necessary to achieve acceptable vehicular circulation and water service for the area. In order to achieve timely completion of such improvements concurrent with the development of the subject site, the developer shall, prior to final building and zoning inspections, pay his /her appropriate share of the cost of such traffic and water facility improvements as determined by the study necessary to serve the subject property or made necessary due to the cumulative development of the Stadium Industrial Area. Such financial participation by the developer shall not exceed a total cost of one dollar ($1.00) per gross square foot of the total floor area and shall include the cost of the traffic and water facilities studies and construction of the right-turn lane in the 10° wide easement along State College Boulevard. Improvements may be made via reimbursement or property owners agreements, assessment districts or benefit districts, as best meets the needs of the City and developer. The method of implementation shall be decided and entered into when determined necessary by the City. 13. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 7 provided, however, that all front building setbacks shall comply with code. 14. That Condition Nos. 1, 4, and 12, above - mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 15. That Condition Nos. 5, 7, 9, 10, and 13, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 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. -5- Pc81 '.252 ATTEST: 1981 THE FOREGOING RESOLUTION is signed and approved by me this 30th day of November, 1981. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 1, Edith L. Harris, 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 November 30, 1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of November, SECRETARY, ANAHEIM CITY PLANNING COMMISSION