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PC 81-254A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2265 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Conditional Use Permit from BURNETT EHLIUE 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 NO, PC81 -254 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 S A I D EAST QUARTER CORNER I S SHOWN ON THE MAP FILED I N 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 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; THENCE SOUTH 89 DEG. 59° 35" WEST 631 098 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 City Hall 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 18.41.050.030 to wit: To permit construction of a 15 -story 209 -foot high commercial office complex with waivers of the following: (a) SECTION 18.41.062.011 - Maximum structural height. (65 and 8 feet permitted within 150 feet of single - family residential; 146 and 209 feet proposed) (b) SECTION 18.41.063.030- Minimum landscaped setback 10 feet required adjacent to the north and west property lines; 7 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. minimal. 3. That the requested waiver (b) is granted on the basis that it is 4. 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. 5. That 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 of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. 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. 8. 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; 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 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 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. 2265 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 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 this Conditional Use Permit is granted subject to the completion of Reclassification No. 81 ®82 -9, now pending. 2. 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. 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. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1981. F. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 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 IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of November, SECRETARY, ANAHEIM CITY PLANNING COMMISSION