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PC 83-83-~ ;-, RESOLUTION NO. PC83-L+3 A RESOLUTIO[1 OE' THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USF,' PERMIT NO. 2433 BE GRANTED WHEREAS, the Anaheim City Pianning Commission did receive a verified Petition for Conditional Use Permit from EMKAY DEV~;LOPMENT COMPANY, INC., 1301 Dove Street, Suite 30G, Newport Beach, California 92660, owner, and BUSINESS PROPERTIES, INC., RICHARD pGLF.SBY OF JOSEPH WALTHOUR, 17631 Fitch, Irvine, California 92714, agent of certain real property situated in the City of Anaheim, Coi~nty of Orange, State of California, described as: P?~RCELS 1, 2 AND 3, AS SHOWN ON A MAP FILED IN BOOK 33, PAGE 1 OF PARCEL MAPS, IN THL•' OFFICE OF THE COUNTY RECOF,DER OF SAID ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 18, 1983, 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 inspectzon, investigation and study made by itself and in its behalf, and after due consideraL-ion 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 Munir,ipal Code Section 18.03.030.010 to wit: to permit a 4-story (69-foot high) commercial office building with waiver of the following: SECTION I8.61.063.011 - Minimum structural setback (50 feet required in the ML Zone; 20 feet proposed) 2. That the requested waiver is hereby granted on the basis of the unusual triangularly-shaped parcel which has a substantial amount of street setback area in proportion to the over-all parcel size. 3. That the proposed use is hereby granted subject to h.he petitioner's stipulation to record a covenant to grant an access easement to the property owner immediately to the east in the eve~it said easterly property is developed for some use other than that presently existing. Said easement shall be designed in a manner satisfactory to the City Traffic Engineer and said covenant tnall be in a form satisfactory to the City ~~ttorney. 4. ~Phat the proposed use will not adversely affect the adjoining land uses and t},e growth and de'~elopment of the area in which it is proposecl to be located. 5. That the size and shape of t:~e site proposed for the u~e is adequa`e 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 wel.fare of the Cil•izens of the City of Anaheim. #0589I PC83-83 rr~.:w:a:e .. . ., . .. . 6. That the grantir~ of the Conditional Use Permit under the conditians imposed, if any, will nut be detrimental to the peace, health, safety and general welfar.e 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 cacry 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 the Anal~eim City P2anning Commission has reviewed the proposal co permit a 4-story commercial office building in the ML (Industrial, Limited) zone with waiver of minimum structural setback on an irregularly-shaped parcel of land consisting of approximately 2.8 acres, having a frontage of approximately 578 feet on the southeast side of Katella Avenue, and being located immediately northeast of the Atchison, Topeka and Santa Fe Railway and further described as 2300 East Katella Avenue; and does hereby approve the Negative Declaration from the requirement L•o prepare an environmental impact report on the basis that there wauld be no significant individual or c~mulative adverse environmental inpact due to the appeoval of this Negative Declaration since the Anaheim General Plan designates the subject propecty for com;nercial/recreation land uses commensurates with the proposal; that no sensitive environmental impacts are involved ~.n the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiaring the foregoing findings is on file in the City of Anaheim Planning DepartmEnt. 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 propused use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. 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. 2. That prior to issuance of a building permit, the appropriate traffic si~-~al assessment fee shall be paid to the City of Anaheim in an a,,,,,,.nt as detetmined by the City :.ouncil for new commercial buildings. 3. That trash storage areas shall be provide9 in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 4. That owners cf subject property shall record a covanant to grant an access easement to the property owner immediately to ~he east in the event said easterly property _~ developed for some use other tt,an that presently exxsting. Said easement shall be designed in a manner satisfactory to the City Traffic Engineer and said covenant shall be i~ a form to be satisfactory to the City Attorney. -2- PC83-83 ,--_ 5. That prior to final building inspection, a pedestrian barrier along the suuthern property line adjacent to :.he ATSF Railroad right-o.f-way shall be constructed in a design which provides a permanent security fence. 6. That the owner(s) of subject property shall pay a proportionate share, and shall execute and record an agreement in a form approved by the City Attornev~s Office obligating the owner(s) to pay said proportionate share, of the cost of certain off-site public improvements and services pursuant to tt,at certain assessment district or benefit area to be hereinafter established by the City of Anaheim, pursuant to the requirement of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates. 7. That subject property shall be reclassified from the ML (Industrial, Limited) Zone to the CR (Commercial, Recreation) Zone. 3. 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 6, provided, however, that the pedestrian bar.rior discussed in Condition No. 5, aforementioned, shall also be constructed. 9. 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 one year from the date of this resolution, whichever occurs first, Condition Nos. 4, 6 and 7, above-mentioned, shall be complied with. Extensio~.s for further time to complete said conditions may be granted in accordance wit•h Section 18.03.090 of the Anaheim Municipal Code. 10. That prior to final building and zoning inspections, Cor.dition Nos. 3 and 8, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Plan~ing 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 conditions, or any part thereof, be declared invalid or unenforceable by the final judgmer.t of any court of competent jurisdiotion, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING R~SOLUTION is signed and approved by me this 18th day of April, 1983. / ~/~~" C AI IAN, ANAHEIM CITY P ING COMMISSION ATTEST: ~~~ ,~ /~ SECRETARY~ ANAHESM CITY P:,ANNING COMMISSION -3- PC83-83 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoin9 resolution was passed and adopted at a meeting of tYie Anaheim City Planning Commission held on April 18, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOOAS, BUSHORE, FRY, HERBST, KING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LA CLAIRE IN WITNESS WHEREOF, I have hereurtto set my hand this 18th day of April, 1983. _ ~~ ~_~,~u~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4 PC83-83