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PC 81-253A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION N0. 81 -82 -9 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from BURNETTEHLINE COMPANY, 1900 E. 4th Street, Suite 106, Santa Ana, California 92702, owners, 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 follows: PARCEL 1: RESOLUTION N0. PC81 -253 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 203.00 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 MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLL0WS: THE SOUTHERLY 200 FEET OF THE EASTERLY 203 FEET OF THE FOLLOWING: BEGINNING AT THE EAST QUARTER CORNER OF SAID FRACTIONAL SECTION, AS SAID EAST QUARTER CORNER I S SHOWN ON THE MAP FILED I N 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; THENCE SOUTH 89 DEG. 59' 35" WEST 631.98 FEET TO THE EASTERLY LIME 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 reclassification 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 petitioner proposes reclassification of subject property from the ML (Industrial, Limited) Zone to the Co (Commercial Office and Professional) Zone. 2. That the Anaheim General Plan designates subject property for commercial professional land use. 3. 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 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 -2- PrR1 -9q1 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. 4. That the proposed reclassification of subject property is necessary and /or desirable for the orderly and proper development of the community. 5. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 6. That the proposed reclassification of subject property requires the dedication and improvement of abutting streets in accordance with the Circulation Element of the General Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. 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 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 Reclassification No. 81 -82 -0 from the ML (Industrial, Limited) Zone to the CO (Commercial Office and Professional) Zone 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 areas. N011, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Reclassification and, by so doing, that Title 13- Zoning of the Anaheim Municipal Code be amended to exclude the above - mentioned property from the ML (Industrial, Limited) Zone and to incorporate said described ENVIRONMENTAL IMPACT FINDING: property into the CO (Commercial Office and Professional) Zone upon the following the conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner(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 owner(s) 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 owner(s) 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. 3. 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. 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 access';ays for trash collection and /or 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 w i t h code. 14. That the owner(s) of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2280. 15. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 4, and 14, above- mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 16. That Condition Nos. 2, 5, 7, 9, 10, 11, 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. THE FOREGOING RESOLUTION is signed and approved by me this 30th day of November, 1981. SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) sso CITY OF ANAHEIM ) I, 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 1981. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of November, SECRETARY, ANAHEIM CITY PLANNING COMMISSION