PC 85-139RESOLUTION N0. PCa5-139
A RESOLUTZON OF TEiE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2692 BE GRANTED~ IN PART
WHEREAS, the Anaheim City planning Commission did receive a verified
Petition for Conditional Ose Permit from BR PROPERTIES LIMIT~D
PARTNERSHIp, 450 Newport Center Drive, ~304, Newport Beach
92660, o~aner, and HOWrRA F. THOMPSON & ASSOCIATES
Street, Irvine, California ~ California
92714, agent, of certain c~~ 16520 Aston
situated in the City of Anaheim, Count real
described as; Y of Oran e Property
9 , State of California,
THAT PORTION OF PARCGLS 2~ 3 AND 4 OF PARCEL MAP N0. 84-230 IN
THE CITY OF ANAGEIDI, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
YEk MAP RECURDED 2.7 BOUK 196, PAGES 33 THROUGH 35 OF PARCEL
MAPS~ RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT A POIN: IN THE BOUNDARy LINE OF SP.ID PARCEL MAP
N0. ~q_230~ SAID POINT BE;ING THE MOST WESTERLY COItNER OF PARCEL
z AND TNE 6fOST SOUTHERLY CO!Zi~ER OF PARCk;L 3 OF SAID PAP,CEL MAP;
THENCE ALUNG THE URSES AA D OF SAID PARCEL 3 AND SAID PARCEL MAP
THE FOLLOWING CO DISTANCES; N 25° 41'
EET; ~
N 13° 10 57" W, 60.85 FEET TO p ZZ~ W~ 107.32
SOUTHEASTERLY AND HAVING n ~ANGENT CURVE CONCAVE
ALONG SAID CURVE THR kADIUSnN L~1~F,U0 FEET; NORTHERLY
DISTAN OUGH A CENTRAL 79° 55
CE UL•' 20y.25 FEET; AND N 66° 44' 43" AN ARC
THE MOST NORTHERLY CORNER OF SAID p 46~ E' ~24.80 FEET TO
CORIJER P.LSO BEING THE hiUST WESTERLYA CORNER, OF PAR EL 4 ORTHGRLY
YARCEL DIAP; THENCE CONTINUING N 66° 44' ~F SAID
THENCE 5 z~THENCE22^ E, 194.01 FEET; THENCE~~ E~,Z1•39 FEET;
35.50 FEET; S 62 35 38" W,
S Z~~ Z4 ZZ' E, 38.95 FEET TO A POINT ON A
CURVE CONCAVE NORTHWESTEP,LY, HAVING A RADIUS OF 55 FEET, A
RADIAL LINE TO SAID POINT BEARS 5 24° 51' 04" E~ S?1ID POINT
BEING ON THE RIGHT OF WAY OF RIVERVIEW DRIV~, AS SHOWN ON SAID
PARCEL MAP; THENCE NORTHWESTERLY nLONG SF~ID CUR'vE AND SAID
p~~~`m `~r ~y%+s i'HkUUGH A CENTRAL ANGLE OF 32° 21' 37" AN ARC
DISTANCE OF 30.65 FE~T TO A REVERSE CURVE CONCAVE F.ASTERLY
HAVING A RADIUS OF 4.~, FEET; THENCE WESTERLY AND SUUTHERLY ALONG
SAID REVERSE CURVE AND SA;D RIGHT OF WAy THROUGH A CENTRAL
ANGLE OF 124° 26' S5" AN ARC LENGTH OF 79.63 FEET TO A POINT~
SAID POIi~T BEING THE SOUTHEASTERLY CORNER OF SAID PARCEL 3, A
RADIAL LINE TO SAID POINT BEARS S 63° 03' 38• W; THENCE S 10°
THENCE N Z5~7q1?S12EET; THENCE S 63° 59' S9" W~ 365.)0
W, 66.27 FEET TO THE POINT OF BEGii]NIN~EET;
WHEREAS, the City Planning Commission did hold a public hearing
at the Civic Center in the City of Anaheim on May 29, 1985, at 1:30
notice of said pubiic hearing having been d~ly given as required b
and in accordance with khe p~m~~
Chapter 18.03, t~ Provisions of the Anaheim t~lunicipai CodeW
proposed conditi~nal h se permitCandla or investigatef and make af ndi.~gssand
recommendations in connection therewith; and
0545r
PC85-139
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WHEREAS, said Commission, after due inspection, investigation
and study made by itself and in its behalf, and after due consideration
of a:l evidence and reports offer.ed at said hearing, does find and
determine the following facts:
1. 'Phat the proposed use is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section
18.84.062.031 to wit: To permit a 3-story, 57-foot-6-inch high commercial
office buildinq with waivers of the following:
(a) Sk:CTIUN 18.44.068 - Required site acreeninq.
(6 foot hiGl~ wall adjacent to Rivers:de
Freeway required; none proposed)
(b) SECTION 18.05.091 - Type of business siqn.
AND 18.84.062.040 (One 20-square foot identification sign
mounted on a 30-inch high wall located
parallel to the propecty line permitted;
one 60-square foot fceestanding monument
sign located in the site interioc proposed)
(c) SECTIOIJ 18.84.062.011 - Minimum structural setback.
(100 feet adjacent to Riverside Ereeway;
cequired; 90 to 47-feet proposed)
(d) SECTION 18.84.062.014 - Minimum landscaped setback.
(14-foot wide landsceped area with 3-foot
high Landscaped berm required adjacent to
Riverview Drive; 7 to 30-foot wide land-
scaped area with 3 foot high landscaped
berm adjacent to Riverview Drive proposed)
2. That the requested waiver (b) is hereby denied ori the basis
that subject property is located in the Scenic Corridor Overlay Zone and
approval would set an undesirable precedent; and further on the basis that
there are no special circumstances applicable to the property such as size,
shape, topogra~,hy, Location and surroundings which do not apply to other
i~i~nr.ically ~oned ~,~orn-t1 i:~ t!:e ~a;rc ~icir.ity; ana Lt~at sl[icL- application
of the Zoning Cod~ does not deprives the property of privileges enjoyed by
other properlies in the identical zone and classification in the vicinity.
3. That the requested waivers (a), (c) and (d) are hereby granted
on the basis that there are special circumstances applicable to the property
such as size, shape, topography, location and Uurroundings which do not apply
to other identically zoned property in the same vicinity; and that strict
application of the Zoning Code depzives the property of privileges enjoyed by
other properties in the identical zone and ciassification in the vicinity.
4. That the proposed use, as gcanted, will not adversely affect
the adjoining lar.d 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, as
gcanted, is adequate to allow the full developmen: of the proposed use in a
manner not detrimental to the particular area nor to the peace, health, safety
and gener.al welfare of the Citizens of the City of Anaheim.
-2- PC85-139
6. That the granking of the Conditional Use Per.mit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and generai welfaze of the Citizc_ns 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 carzy
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 PINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a 3-story, 57-foot-6-inch high
commercial office building with waive:s of required site screening, type of
business sign, minimum stcuctural setback, and minimum landscaped set5ack on
an irre9ulacly-shaped parcel of land consisting of approximately 3.6 acr2s
located nocth and east of the northeast cocner of Santa Ana Canyon Road and
Weir Canyon Road; and does hereby approve the Negative Declaration upon the
finding that it has considered the Negative D?claration together wich any
comments ceceived during the public review process and further finding on the
basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Analieim City Planr,in3
commission does hereby gcant subject Petition foc =~nditional Use Permit, upon
the Eollowing conditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject propecty in order to prerequisite to the
proposed use of the subject property in order to presecve the safety and
general we:ltare of the Citizens of the City of Anaheim:
1. Thak in the event subject property is to be divided for the purpose
of sale, lease, or financing, a parcel map to recor.d the approved
division of subject pcoperty shall be submikted to and approved by
the City of Anaheim and tlien be recorded in the Office of the Orange
County Recorder.
2. That the owner of subject property shall pay to the City of Anaiieim
a fee Eor tree planting purposes along Riverview Drive in an amount
as determined by the City Council.
3. That prior to issuance of a building perrt~it, primary water main fees
shall be paid to the City of Anaheim, in an amount_ as determined by
the Office of the Utilities General Dtanager.
4. Tnat the vehicular access rights to Weir Canyon Road, shal.l be
dedicated to the City of Anaheim.
5. That gates shal.l not be installed across the drive~aay in a manner
which may adversely affect vehicular trafEic in the adjacent public
street. Installation of any gates within a distance of sixty (60)
feet from said publir, st.reet right-of-way shall be subject to the
review and approval of the City Traffic Engineer.
-3- PC85-139
6. That ail driveways shall be constcuct?d to accommodate ten (10) foot
radius curb return: as requir.ed by the City TrafLic Engineer.
7. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
8, That street lighting fecilities along Weir Canyon Road and Riverview
Drive shall be installed as requiced by the Utilities General
Manager in accordance with specifications on file in the Office of
Utilities Genecal Manager, and that security in the form of a bond,
certificate of deposit, letter of credit, or cash, in an amount and
torm satisfactory to the City of Anaheim, shall be posted with the
City L•o guarantee the satisfactory completion of the above-mentioned
impcovements. Said security shall be posted with the City of
Anaheim prior to issuance of building permits. The above-required
impcovements shall be installed prioc to occupancy.
y. That subject property shall be secved by underground utilities.
lU. That prior to commencement of structural framing, fire hydrants
shall be installed and charged as required and determined to be
nece~sary by the Chief of ttie Fire Department.
11. That all lockable pedestrian and vehiculaz access gates shall be
equipped with a'knox box" device to the satisfaction of the Chief
of Police and the City Fire Marshall.
12. That fice sprinklers shall be installed as required by the City Fire
t4arshall.
13. That trash storage areas shall be provided and maintained in
accordance with approved plans on file with the Stceet Maintenance
and Sanitation Division.
14. That all air conditioning facilities shall be pcoperly shielded from
view.
15. That, as specifi~d in Anaheim Municipal Code Section No.
18.84.062.032, no roof-mounted equipment, wha*_soever, shall be
permitted. Tn addition, the petitioner shall submit mechanical
eguipment enclosure plans to the Planning Department to insure that
a11 equipment mount?d on the buildiny is an intEgral part of the
tooE and not roof-mounted.
16. That the owner of subject pcoperty shall submit a letter requesting
termination of Variance No. 3358 to the Planr.ing Department.
17. That prior to final building and zoning inspeckions, Rivetview Drive
shall be fully impcoved at a minimum sixty (60) feet width with a
grade no greater than 28 for a distance no less than 60 feet from
the right-of-way line of Santa Ana Canyon Road.
_4- PC85-139
18. That no medical or dental offices shall be permitted on subject
~ropecty unless plans have been submitted te the City Planning
Department, prior to the issuance of a building permit, showing that
the minimum number of Code required parking spaces will be
provided. Prior to final 6uilding and zoning inspections, a
cestriction shall oe recorded on the property limiting the use of
said ycoperty to uses for which adequate parking has been provided.
15. That prior to issuance of a building pezmit, the developer shall
post a bond in an amount and form approved by the City Traffic
Enyineer and City Attorney to guarantee the ir.stallation of traffic
signals at the intersection oE Riverview Drive and Santa Ana Canyon
Road and at the intersection o: Weir Canyon Road and Ssnta Ana
Canyon Road. Said bond shall guarantee the installation at sur.h
time as a determination is made by the City Tcaffic Engineer that
the signalization is necessary.
20. That subject property shall be developed substantially in accordance
with plans and specif.ications on file with the City of Anaheim
marked Exhibit Nos. 1 through 7.
21. That prior to issuance of a building permit, or within a period of
one yeac frum the date of this resolution, whichever occurs first,
Condition t~OS. 1, 2, 3, 4, 5, 8, 14, 15, 16, 18 dnd 19,
above-mentioned, chall be complied with. Extensions for further
time to cor~plete said conditions may be granted in accordance with
SecLion LE.U3.090 of the Anaheim Ftunicipal Code.
22. That prioc to final building and zoning inspections, Condition Nos.
6, 7, 9, 11, 12, 13, lA, 17, 18 and 20, above-mentioned, shall be
complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and detecmine that adoption of this Resolution is expressly
predicated upon applir,ant's compliance with each and all of the conditions
he:ein~bo^e ~et Eu;tL. ~1;ould .;iiY o~ci, c~uJi~iuu, oc any part thereoE, 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 si~ed and app[~ved by me this 29th, day
of May, 1985. ) ,
~R'r7AN, ANAHETNI~CZTY PLANNING COMMISSION
ATTEST:
" ~% J/~
~ -~~C.~L~~. ~ - ~jEl/1~L~~
SECRETARY~ ANAHEIDI CITY PLANNING COMMISSION
-5- PC85-139
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STATE UF CALIFORNIA )
COUNTY OE' ORANGE ) ss.
CITY OF ANAHEIM )
I, EdiL-h L. klarris, Secretary of the Anaheim City Planning
Commission, do hereby cettify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commisszon held on May 29,
1985, by the following vote uf the members thezeof:
AYES: COMMSSSIONERS: BOUAS, EUSHORE~ FRY, f1ERBST, KING~ LA CLAIRE
MC BURNEY
NOES: COFIMISSSONGRS: NONE
A$SENT: COh1MISSIONERS: t70NE
IN WZTNESS WHEP.EOF, I have hereunto set my hand this 29th day of
t•tay, 1985.
- /~ 4.~1 ~:~ ~~~_
SECRETARY, ANAHEIM CITY PLANNING COM.MISSION
-~- PC85-139 ,1'
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