PC 85-17RESOLUTION NO. PC85-17
A RESOLUTION OF TFfE ANAHEIM CITY PLANNING COMMISSION
THAT PETI'PION FOR CONDITiONAL USE PERt4IT N0. 2651 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receivP a verified
Petition for Conditional Use Permit from L. C. SMULL, 17G31 Fitch, irvine,
California 9271g, owner, and BUSINESS PROPERTIES, 17631 Fitch, Irvine
California 92714, ager.t fcr certain real propecty situated in the City of
Anaheim, County of Orange, State of California, described as:
TE10SE PORTIONS OF LOTS 6 AND 7 OF TH~' TRAVIS TRACT, AS SHOWN
ON A 19AF RECORDED IN BOOK 5~ P._ ., 120 OF MISCELLANEOUS
R6CORDS, IN THE OFFICE OF THE COUNTY RECORD~R OF LOS ANGELES
CUUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTIOl7 pF T8E NORTHERLY LINE OF LAND
DESCRZgF,D IN THE DEED TO THE ATCHISON TOPEKA AND SANTA FE
RAILWAY ~061PANY, FORMERLY THE CALIFORNIA CENTRAL RAILWAY,
RECORDED PIARCH 26, 1886 TN BOOK 407, PAGE 120 OF DEEDS~
RECORD:~ OF LOS ANGELFS COUNTY WITH THE WESTERLY LINE OF THE
LAND DESCRIBED IN THE DEED RECORDED IN BOOK 265~ PAGE 2 OF
DEEDS, RECORDS OF SAID ORAtdGE COUNTY; THENC~ NORTH 0° 53' S6'
EAST 531.72 FEET ALONG SAID WESTERLY LINE TO A POINT ON A
NON-TANGENT CURVE; CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
940.00 I~`E$T i~ RADIAL TO SAID POINT BEARS NORTH Zg~ 3pr 48•
WEST; THENCE NORTHEASTERLY 85.23 FEET ALONG SAZD CURVE
THROUGH A CENTRAL ANGLE OF 5° 11' 42" TO THE WESTERLY CORNER
~F' THE LAND DESCRIBED IN THE pEED R2CORDED NOVEMBER 1, 1974
IN IIOOK 11279, PAGE 499 OF OFFZCIAL RECORDS; THENCE EASTERLY
AND SOUTHh'ASTERLY ALONG THE NORTHERLY AND EASTERLY BOUNDARY
OF SAZD DEED TO SAID NORTHERLY LINE OY TFIE RAIT:ROAD; T!iENCE
4lES1'ERLY ALONG SAID LINE TO THE POZNT OF BEGINNING.
WHEREAS, the City Pianning Commission did hold a nuh7ic hearing a~
the Civic Cent~r in rh~ ~y~l u~ puaneim on January 7, 1965, 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, sa~d Crmmission, after due inspection, invectigation and
study made by itself and in ?ts behalf, and after due consideration oE all
evidence and reports offered at said hearing,, does find and determine the
followin9 facts:
1• That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Sections 18.48.050.07D,
18.48.Q50.130, 19.48.050.160 and 18.48,062.012 co wit: to permit an 11-.^,tory,
128-foot high 277_room hotel with on-sale alcoholic beverages and acces~ory
uses; and a 12 and 15 story, 182-foot and 222-f.Qot high commercial office
complex with waivers of the followin~:
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PC85-17
(a) ;,ECTION 18.U4.042.080 - Ftinimum structuraJ. setback.
V (10 feet required adjacent to a Lreeway;
0 to 5-feet ptoposed)
(b) SECTION 18.48.068 - Requiced site screenir.a,.
(6 foot hiqh wall required adjacent to
a freeway and railroad; 6 foot high
chain link fence proposed)
2. The the requested waivera are hereby granted on the basis that
there are ~pecial c.ircumstances applicable to the property such a~ size,
shape, topography, location and surroundings which do not apply to other
identically zoned property in the same vicinity; and that strict application
of the zoning Code deprives the property of privileges enjoyed by other
p~operties in the identical zone and clas~ffication in the vicinity.
3. That the proposed use is hereby gcanted subject to the
petitioner's stipulation at the public hearing to provide dense, thorny
landscaping ir. the pedestrian barrier along ttie suutherly property line
adjacent to the Atchison Top?ka 5 Santa Fe Railroad to provide complete
screening.
4. Tnat the proposed use will not advecsely affect the adjoining
land uses and the growth and development of the area in which iL- is proposed
to be located.
5. That the S1'LP, and shape o; the site proposed for ~he use is
adeauate to allow the full development of the proposed use in a manner not
detrimental to rhe 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 nct be detrimental to the pe~ce, health,
safety and genecal welfare of the Citizens cf the City of Anaheim.
7. That the traftic generated by the proposed use will not impose
:;n uc~due L;::d~r. u~:cr. ~i:c ~tce:t:; ~rd i.;yt~wuys uesigred ~r,d im~;rcve3 Co eacty
the traffic in the area.
8. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was ceceived in opposition to the
subject petition.
ENVZRONFIENTAL IMPACT FINLING: That the Anaheim City Planning
Commission has reviewed the information contained in an addendum to
Enviconmental Impact Repoct No. 266 foc the Katella Busineys Center and tinds
that the project, as revised, will have the same environmental impacts as
identified in the original environmental impact report, but generally would be
less than the project as oziginally approved and that water consumption and
wastewater generation would increase, however, the capacity to serve the
project is available.
(Revised) -2- PC85-17
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(a) SECTION 18,04.042.080 - !-linimum structural setback.
(10 feet required adjacent to a freeway;
0 to 5-feet proposed)
(b) SECTION 18.48.068 - :2equired site scree~iinQ.
(_5 foot high wall required adjacent to
a freeway and railroad; G foot hiah '
rhain link fence proposed)
2. The the requested waivers are hereby granted on the basis that
there are special circumstances applicable to the property such as size,
shape, topoycaphy, location and surroundings which do not apply to other
identically zoned property in the same vicinity; and that strict application
of the Zoning Code deprives the pcoperty of privileges enjoyed by other
properties in the identical zone and classification in the vicinity.
3. That the proposed use is heceby granted subject to the
petitioner's stipu:ation at ttie public heacing to provide ~en~e, thotny
landscaping in the pedestrian bzrcier along the southerly property line
adjacent to the Atchison Topeka ~ Santa Fe Railroad to provide complete
screening.
4. Ttiat the proposed use will not adversely affect the adjoining
land uses and the growth and developmenc of the area in whict~ 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 pcoaosed 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.
G. That the 9ranting oE the Conditional Use Permit under the
con~.:lions imposed, if any, will not be detrimental to the peace, health,
sa~ety and general welfare of the Citizens of the City of Anaheim.
7• ihat tne traEfic ~enerar,~~3 hy the p:cpo~ed ^~e will rioC ;, ose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
8. That no one indicated L•heir presence at said publ.ic heariny in
opposition; and that no correspondence was received in opposition to the
subject petition.
+ ENVIRONMENTAL IP]PACT FSNDING: That the Anaheim Ci
ty Planning
Commission has reviewed the proposal to permit an 1~-sto:y, 128-foot high
hotel with un-sale alc~holic beverages and accesscry uses, and a 12 and 15
story, 182-foot a~d 222-foot high commercial office complex with waivers of
; minimum atruct,~ral setback and required site screening on aa
irregularly-shaped parcel of land consisting of approximately 10.7 acres,
~ having a fruntage of approximately 95 feet on the southeast side ~of Katella
,~ Avenue, ~•nd L•urther described as 2400 East Katella Avenue; and does hereby
approve the Negative Declaration upon fi,lding that i.t has considered the
^ Negative Declaration together with any comments received during the public
. review prucess and further finding on the basis of the initial study and',any
j comments recei~~ed that. there is no substantial evidence that L-he project will
i have a significant effect on the environment.
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NOW, THGREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional 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 preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That prior to issuance of a building permit, the appropriate traffic
signal assESSment fee shall be paid to the City of Anaheim in an
amount as determined by the City Council £or new commeccial
buildinys.
2. That drainage of subject property shall be disposed oF in a manner
satisfactory to the City Engineer.
3. That subject property shall be served by underground utilities.
4. Thak pric~r 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 De~artment.
5. That trash storage areas st~all bo provided and maintained in
accordance with approved plans on filc with the Street Maintenance
and Sanitation Division.
6. That street lighting facilities along Katella Avenue shall be
installed and/or relocatea as required by the Utilities Ceneral
Manager in aci~ordance with specifications on file in the Office of
Utilities General Manager, and that security in thF form of a bond,
certiEicate of depo~it, letter of credit, or cash, in an anount a~d
form satisfactory to the City of Anaheim, shall be posted with the
City to yuarantee the satisfactory completion of the above-mentioned
improvements. Said security shall be posted with the City of
Anaheim prior to issuance of building permits. The above-required
improvements shall be installed ptior to occupancy of Phase I.
. That the owner of subject property shall irrevoca6ly off~- tQ
dPdiqat~ -o t4. ;;~~~; ~,C i,u~4eim a strip of lanc?, the width of which
sliall be determined by the City Tcaffic Engineer, from the
centerline of the street along Katella Avenue for street widening
purposes.
8. That all engineering requirements of the City of Anaheim along
Katella Avenue, including preparat.ion of i:nprovement plans and
installation and/or relocation of all improvements such as curbs and
gutters, sidewalks, street grading ~nd pavement, sewer and drainage
facilities, or other appurtenant work shall be complied with as
required by the City Engineer and in accordance with specifications
o:~ file in the Office oE the City Engineer; and that ~ecurity in the
form of a bond, certificate oF deposit, letter of credit, or cash,
in an amount and form satisfactory to the City of Anaheim, shall be
posted with the City to guarantee the satisfactocy completion of
said improvements. Said security shall be posted with the City
pr:or to issuance of building permits. The above required
improvements ahll be installed prior to ~ccupancy of Phase I.
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9• That the vehicular access rights, except at appcoved access
to Katella Avenue shall be dedicated to the Cit
points,
Y of Anaheim.
10. That prior to commencement of the activity authorized under this
resolution, or prio~ to the time that a building permit is
or within a p~riod of ninety (90) days p~om
resolution, whi^hever occurs First issued,
the date of this
shall exer.ute a:~d record a covenant tin °Wner(s) of subject
Attorne a form a PrOPerty
Y's Office wherein such PPr~ved by the City
formed pursuant to the °WneL(s) which may hereafter
between p~~visions of Development Agreement No, be
the City of Anaheim and Anaheim Stadium 83-01
district(s) cuuld include such owner's Associates
with this condition within the property. Failure to~ Which
conditional use Specified time COmply
permit null and void. Shall deem this
11. That the owner(s) of sutject pruperty shall acquire a
covenant yranting an access easement fr.om the
immediatel wesr_ recorded
to y of subject propert for prOPerty owner
subject prop~~rty. Said easement shall 9besdesignedri~s a Urposes
satisfactory to the City Traffic Engineer and said covenant shall be
in a form manner
satisfactory to the City Atto:ney,
12. That the owner oF subjecc property shall pay to the City of Anaheim
a fee for tree plant.in4 P~rpo;e~ along Katella Avenue in an amount
as detezmined by the City Council.
13. That pcior tu final building inspection, a pedestrian barrier
the sr-uth~-rly property line adjacent to
right-of-wa along
y shall be constructed thz ATSF Railroad
permanent securit l~ a des:gn which
Y Eence; and that thick, thorn pLOVides a
be provided in order to completely screen said fe celandscaping shall
14. That fire sprinklers ehall be installed as required by the Cit ~
Marshall.
Y ire
15. Tliat the proposed parkir.g structure design shall conform
En9ineering Standard plan ^JO. 402 pertaining to standard details
parking structures and ramy requirements, to
for
].6. That all roof-mounted equipment shall be properly shielded from view.
17. That the proposal shall comply with all signing requirements of the
CR 2one, unless a variance allowing sign waivers is approved by the
Planning Commission or City Council.
18. That prior to issuance of a building permit, primary water main fees
shall be paid to the City of Anaheim, in an amount as determined by
the Office of the Utilities General Manager.
19. Tha: in the event subject property is to be divided for the purpose
diviaion of a'e, or financing, ~ parcel map to record the appro~ed
subject property sha.ll be yubmitted to and approved by
the City of Anaheim and then be recocded in the Office of the Orange
Count~ RPCOrdec,
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PC85-17
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20. That in the event a Farcel map is recorded on subject property, y
reciprocal access and parking agreement, in a form satisfactory to
the city Attorney, be recorded with L•he Office oE the Urange county
Recorder. A copy of the recorded agreement shall then be submilted
to the Planning Department.
21. That prior to issuance of building permirs, specif.te plans for all
parking structures shall be submitted for review and app~oyal b
City Tralfic Engineer.
Y the
z2• Tf'~t Prior to issuance of building permits a circulation and street
improvement p2an shall be submitted for review and approval b
City TraEfic Engineer.
Y the
Z3~ comt this Conditional Use Permit is granted subject to the
pletion of. Recla~sification No. 83-84-24, now oending,
24. That subject property shall be developAd $ub~~antially in accotdance
with plan„ and specifications on file with the City of Anaheim
marked Exhibit Nos, 1 througF. 10; provided, t,owever, (a) that
fifty-five (55) more on-si.te pa:king spaces, in addition to those
shown on the approved extiibits, shall be provided prioc to final
building and zoning lnspections for Phase II; and (b) that kitchen
efticiency units may be installed in no more than twent
percent (~ggj of ttie hotel guest rooms, with a
foot refri erators, Y-five
9 two-biirner maximum of 6-cubic
iacil_ties, and aingie compartment s~ nks,excluding oven and baking
25. That the owner ~~f subiNct F~~pecty shall submit a letter requesting
tarmination of Conditional Use Permit No. 2550.
2G. That prior to the issuance of a building permit, or within a period
of one year from the date of this resolution, whichever occur;
fic'st, Conditicn Nos. 1, 6, 7,- ?~ 9~ 11~ 12~ lg~ zl~ Z2~ 23 and 25~
above-mentioned, ~;,aii be complied with. Extensions for further
time to complete said conditinn~ m. ~.,
~e~~i~r+ in.us.U9u of rhe Anaheim Munici c y~a"ied in accocdance with
pal Code.
27. That prior to final building and zoning inspections, Condition Nos.
2• ~. S, 13, 14, I5, 16 and 24, above-mentioned, shall be complied
with.
BE IT FURTHER RESOLVED that the Anaheim City Plannin
dOeS hereby find and determine that adoption of this Resoli~tion is expressly
P~edicated upon a 9 Commission
pplicant's compliance with each and all of
hereinabove set forth. Should any such conditions
declared invalid the conditions
or unenforceable by the final ~ or any part thereof, be
competent juris~iction, then this Resulution ~udgment of an
aontained, shall be deemed null ar.d void, y ~~urt of
, and any approvals herein
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PCiiS-17
THE FOREGOING RESOLUTIOta is signed and approved by me this 7th day
of January, 1985.
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CHAIRd1AN, ANAHF:Ihi CITY PLANNING COt•1MISSION
ATTEST: ~
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"'N SEC~ETARY, ANAHEIM CITY PLANNING COb1P1ISSZON
STATF, OF CAI.IFORNIA 1
CUONTY OF ORANGE ) ss.
CIT~ OF ANAHEIM )
I, r^.dith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolut;on was passed and
adopted al- a meeting of the Anaheim City Plannin~ Comr.iission held on January
7, 1985, by the following vote of the members thereof:
AYES: CqMMISSIONERS: BOUA5, BUSHORE, FRY, HERBST~ KING, LA CLAIRE,
I+1C BURN~Y
NOES: COMMISSIONERS: KONE
ABSENT: COMt4ISS:i0NER5: NONE
IN y7iTNESS WHEREOF, I have hereunto set my hand this 7th day of
January, 1985.
~'^"""" ~ ~G 'Lirt~~
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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