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PC 85-249RESOLUTION ti0. PC85-249 A RESOLUTION OE THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOI2 CONDITIONAL USE PERMIT NO. 2713 aE GRANTED WHEREAS, the Anaheim City Planning Comrission did _eceive a vecified petition for Conditional Use Permit from STATE COLLEGE PARTNERS, C/0 DUNN PROPERTIES, 28 grookhollow Drive, Santa Ana, CA 92702, owner, and BILL SINGER & ASSOCIATES, 5100 eirch Street, vewport Beacli, California 92660, agent for certain ceal property situated in the City of Anaheim, County of Orange, State of Califoctiia, described as follows: PARCEL 1: THAT PORTION OF THE SOJTHEAST QUAR:ER OF THE NORTHEAST QUARTER OF SECTION 26~ TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALZFORNIA, AS PER 19AP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF TIiE COUNTY RECORDER OF SAID COUNTY, DESCRIBcD AS FOLLOWS: BSGINNING 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 CqUNTY RECORDER OF SAID COUNTY; THENCE NORTH 0° 08' 00" WEST ALONG THE CEWTEP, LINE OF PLACENTIA AVENUE AS SHOWN ON SAID FZLED MAP~ 335.76 FEET; THENCE SOUTH 89° 59' 35" west 631.98 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE QUITCLAIM DEED TO FALSTAFfi BREWING CORPORATION RECORDED JUNE 20, 1961 IN BOOK 5759 PAGE 921 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE SOUTH 0° 41' 11" EAST ALONG SAID EASTERLY LINE~ 335.65 FEET TO THE SUUTH LINE OF SAID NORTHcAST QUARTER; THENCE SOUT~ 89° 59' 91" EAST ALONG SAID SOUTH LINE, 628.74 FEET TO T6E POINT OF BEGINNING. ERCEPT THE ROUTHF.ALY Zpp,pp pI;I._ Vi iiiii EAS7'tkLY 1U3.00 FEET THEREOF. ALSO EkCEPTING ALL RIGHT~ TITLE AND INTERF.ST IN AND TO THAT PORTION OF SAID LAND SITUATED MORE THAN 500 FEET BEL047 THE SURFACE THEREOF, SPECIFICALLY INCI,UDING THE RIGHT TO EXPLORE~ DRILL FOR~ PRODUCE~ EXTRACT, TREAT, REMOVE AND MAItKET OIL, GAS AND OTHER t4INBRALS THF,REFROM, BUT WITHOUT ANY RIGHT TO ENTER UPON OR UT~LIZE THE SURFACE OF' SAID LAND OR ANY PART THEREOF ABOVE THE DEPTH OF 500 FEET BELOW THE SURFACF.~ AS RESERVED BY GULF OIL CORPORATION IN A DEED RECORDBD JUNE 12~ 1967 IN BOOK 8276 PAGE 185 OF OFFICIAL RECORDS. PARCEL 2; THAT PORTIOD! OF THE SpUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTIUN 26~ TGWNSHIP 4 SOOTH, RANGE 10 WEST~ IN THE RANCHO SAN JUAN CAJON DE SANTA ANA~ AS PER M1AP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESC22IBEL AS FOL:,0475: 0656: PC85-249 THE SOUTHERLY 200 PEET OF THE EASTERLY 203 FEET OF THE FOLLOWING: BEGINNING AT THE EAST QUARTSR CORNER OF SAID FRACTIONAL SECTION~ AS SAID EAST QUARTER CORNER ZS SHOWN ON THE MAP FILED IN SOOK 43 PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF TH~ COUNTY RECORDER OF SAID COUNTY; T[iENCE NOP.TH 0° 08' 00" WEST ALONG THE CENTER LINE OF PLACENTIA AVENUE AS SHOWN GN SAID FZLED MAP, 335.76 FEET; THENCE SOUTH 89° 59' 35" WEST 631.98 FEET TO THE EASTERLY LINE OF iHE LAND DESCRIBED IN THE QUITCLAIM DEED TO FALSTAFF RREWING CORPORATION RECORD~D JUNE 20, 1961 IN BOpK 5759 PAGE 921 OF OFFICIAL RECORDS~ RECOL2DS OF SAID COUNTY; THENCE SOUTH 0° 41' 11' EAST ALONG SAID EASTERLY LINE, 335.65 FEET TO THE SOUTH LZNE OF SAID NORTHF.AST QUARTER; THENCE SOUTH 89° 59' 41' EAST ALONG SAID SOUTFI LING, 628.74 FEBT TO THE POINT OF B°GINNING. SASD LAND IS SIlOWN ON A MAP PILED IN BOOK 76 PAGE 10 OF RECURD OE SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNYY. PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT PLAT tJO. 123, IN THE CITY OF ANAHEIPI, COUNTY OF ORANGE~ STATE OF CAiZFORNIA, AS DESCRIBED IN PARCELS 1 AND 2 OF SAID LOT LINE AD~JUSiMENT, RECORDED JANUARI 7, 1985 AS DOCUMENT N0. 85-OU4456 OF OFFICIAL RECORDS OF SAID COUNTY. 'v7H~REAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 19, 1985 at 1:30 p.m., notice of said public hearing having been duly given as reguired by law and in accordance with the orovisions of the Anaheim Municipal Code Chapter 18.03, to hear and consider ev.idence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; said public hearing having been conti.nued to the Planning Commission meetinq of November 25, 1985; and WHF.REAS, sai~ r~~m;r~;~r, ~~ter uue inapection, investigation and stud~~ 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 Eollowing facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Muni~ipal Code Section 18.41.050.030 to wit: to permit a 10-story and 12-story comm2ccial office complex with waivers of: (a) SECTIONS 18.06.050.0212 - Minimum numbr.r of parkin4 spaces, 18.06.080 (1~844 spaces required; 1~755 spaces AND 18.41.056.050 proposed) (b) SECTION 18.41.OG2.011 - Maximum structural hei hcLt, (133 & 135 ft_. oermitted within 300 ft of sinale-familv residential zonin4; 154 ft. 6 in, s 161 ft. 6 in proposed 266 and 2?0 ft. fcom sinale-familv residential zoninq to the south) -2- Pi;85-299 (c) SECTION 18.41.063.030 - Minimum landscaoed setback. (10 feet required adiacent to the west property line; none proposed) 2. That the requested waiver (a) is hereby granted on the basis that the parking waivez will not cause an increase in traffic congestio~ in the immediate vicir.ity nor adversely affect any adjoining land uses ai~d gcanting of the par~iny waiver under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of ttie City of Anaheim. 3. That the requested waivers (b) and (c) are hereby granted on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned pcoperty in l•he same vicinity; and that strict application of the 2oning Code deprives the property of privileges enjoyed by othec properties in the identical zone and classification in the vicinity. 4. That the proposed use will not adversely affect the adjoining land uses a~d the growth and development of the area in which it is ptoposed to be located. 5. That the ~ize and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detcimental to the particular area noc to tne peace, health, saFety and general welLare ~F the Citi2ens of the City of Anaheim. 6, That the yranting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfar.e of the Citizens af the City of Anaheim. 7. That the tra~f.ic generated by the proposed use will not impose an undue burden upon r_he streets and highways desianed and improved to carry the traffic in the acea. Q. :h:.L :c c.^,~ inuic~e.~d ~i~ei,. ~cesence at said publlc hearing in opposition; and tt~at no correspondence was received in opposition to the subject petition. ENVIRO~MENTAL ZMPACT FINDING: Environmental Impact Report No. ?68, submitted in conjunction with subject propo~al, was approved by the p7.anning Commission on 5eptember 4, 1985. NOW, THEREPORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant ~ubject Petitior, 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 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. 2. 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 fur new commercial buildings, -3- PC85-249 ~v 3. That the existing curb, gutters and sidewalk shall be cemoved and reconstructed to provide a right turn lane on State College Boulevard and buc bay on Orangewood Avenue, ir.cluding preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street gcading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as reyuired by the City Engineer a~d in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, cectificate of deposit, lettec of credit, or cash, in an amount and focm satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvemer,ts. Said security shall be posted with the City prior to issuance of building permits, to guarantee the installation of the above-required improvements prioc to occupancy. 4. That a solid median (except for one (1) opening providing left turn access from State College 6oulevard) extending from Orangewood Avenue northerly to a point south of the Atchison, Topeka and Santa Fe Railway shall be installed to the satisfar_tion of the City Traffic Engineer; and that security in the form oE a bond, certificate of deposit, leLtec of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said s2cucity shall be ~osted with the City prior to issuance of building permits, to guarantee the installation of the above-cequired improvements prior t~~ occupanr.y. That dual leit turn lanes southbo~nd on StaCe College Boulevard shall be installed o tt~e satisfaction of the City Traffic Engineer; and that security in tt,e form oi a bond, certificate af deposit, letter of credit, or cash in an ar.,c~~nt and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the construction of said lanes. Said security shall be posted with the City prior to issuance o[ building pecmits to guarantee the construction o~ said lanes prior to occupancy. 6. That stceet lights along State College Boulevard and Orangewood Avenue shall be removed snd reinstalled as required by the Utilities Genecal Manaqec in accordance with specifications on file ir. the Office of Utilities General Manager, and that securi.ty in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfacl•ary to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said secucity shall be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Enyineer and shall consist of construction of a storm drain in Orangewood Avenue from State College Boulevard to the 0. C. F. C. D. Southeast Anaheim Facility, or another alternative acceptable to the City Engineer; and that security in the form of a bond, certificate o.£ deposit, lelter of credit, or cash in an amount a~id form satisfactory to the City of Anaheim, shall be -4- PC85-249 ~~.,: ~~ ~~ posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to issuance of building permits to guarantee the installation of. the above-required improvements prior to occupancy. A drainage reimbursement agreement shall be available to the developer, upon request to the City Engineer. 8. That the owner of subject propecty shail pay to the City of Anaheim a tee for tree planting purposes along State College Boulevard and Orangewood Avenua in an amount as determined by the City Council. 5. That prior to commencement of structural framing, fire hydrants shall be installed and charged as requiced and determined to be necessary t~y the Chief of the Fire Depa~tment. lU. That fire sprinklers shall be installed as reguired by the City Fire Diarshall. 11. That trash stocage areas shall be provided and maintained in accordar.ce with approved plans on Eile with the Street Maintenance and Sanitation Division. 12. That subject property shall be served by underground utilities. 13. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 14. That the developer shall relocate existing traffic signals at Otangewood Avenue and State College Boulevard and modify for full eight (8) phase operation as approved by the City Traffic Engineer pcior to occupancy. 15. That prior to issuance of a building permit, the owner(s) of subject property sha11 execute and record a covenant in a form approved by the City Attorney agreeing that if, within three (3) years following occupancy of the office buildings, the City conducts a traffic study wLici~ inoicaces Cnat the ofi-street parking is inadequate for the office buildings, said owner shall construct a parking structure on the subject property or shall otherwise provide additional off-street parking in a number (not to exceed 89 additional spaces for a total of 1,844 spaces) and manner satisfactory to the City Engineer. Compliance with the terms of the aforesaid covenant is an express and continuing condition of this permit. Additionally, prior to issuance of a building permit, said owner(s) shall post a faithful performance bond with the City or submit a letter of credit or other guarantee acceptable to the City in an amount as required by the City Engineer to guarantee installation of said additional parking, which amount shall be deemed liquidated damages payable to the City in the event that any such required parking is not constructed in a timely manner. 16. That prior to issuance of a building permit the ultimate driveway location on State College Boulevacd shall be reviewed and approved by the City Traffic Engineer. -5- PC85-249 ~ ..,. .. _ _..._ _._ 17. That prior to issuance of a building permit, the applicant ~hall submit written evidence to the City showing that a Letter of Map Amendment has been o~tained from the Federal Emergency Management Agency, unless the City Flood Hazard Reduction Ordtnance (No, 4236) is to be sati.sfied. 18. R'hat the proposed parking structure design shall conform to Engineering Standard Pian No. 402-A pertaining to standard details for parking structures and ramp requirements. 19. That all air conditior~ing facilities and other roof and ground mounted equipment shall be properly shielded Erom view, 20. That the prcposal snall comply with all signing requirements of the CU Zone, unle~a a variance all.owing sign waivers is approved by the Planning Comn~ission or City Council. 21. That this Conditional Use Permit is granted subject to the adoption of the Z~r.ing Ordinance in connection with Reclassification No. 85-86-02, now penc3irig. 22. Thac prior to the issuance of a building permit for the Phase 2 and Phase 3 office bui.ldf.ngs, final design plans shall be submitted to the Planniny Department for review and approval by the Planning CommiUsion. 23. That p~ioc to the issuance of any building permits for Phase 2 or 3 buildings, a fee equal to $2.10 per square foot of building gross floor area or such other greater amount as hereinafter is established bY ordinance and applicanle to the property shall be paid to the City of Anaheim, to be collected by the Chief Building Official, and shall be adjusted annually per the Con.~ruction Cost Index for Construction Costs in the Los Angele~ :,rea published in the Engineering News-Record Construction Cost Index. 24, That subject property shal! be de~e~~Neu substantially in accordance with plans ana ~peci.fications on file with the City of Anaheim of Anaheim marked Exhibik Nos. 1 and 2; provided, ,~owever, that a six (6) foot high masonry block wall should be constructe~: and maintained along the north property line. 25. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1 through 8, 15, 17, 1t3, 21, 22 and 23, above-mentioned, shall be complied with. Extensions Por further time to complete said conditions may be granted in accordance with Section 18.03,090 of the Anaheim i;anicipal Code, 26. That prior to final build±ng and zoning inspections, Condition Nos. 3 complied7With' 11, 12, 13, 14, 19 and 24, above-mentioned, shall be -6- PC85-Z49 ...... . . . ,,..,...,._.. •-. .. _ . ~.,,, .h BE IT PURTHER RESOLVED that the Anaheim City Planning Commiasion does hereby find and ~etecmine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions heceinabove set forth. Should any such conditions, or any part thereof, be declared invalid or ur.enfocceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals heceirt contained, shall be deemed null and void. THE FOR~GOING RESOLUTION is signed and approved by me this 25th day of November, 1985. ~ . ,, ~ ~.' ~ c1'i !~ .~ , , 1' ca ~' ~%Q_ .i ~i CHAIRWOMAN, ANAHEIM CITY PLP.NNING COMMISS:ON ATTEST: ,E>> ~ ~ ~ SGCRETARY, ANA:{EIM CI'PY PLANNIt.G COMMISSSON STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Hacris~ Secretaty of the Anaheim City Planning Commission, do hereby certify that the fo~egoinq resolution was pa.ssed and adopted at a meeting of [he Anaheim City Planning Commission held on November 25, 1985, by the following vote of the membets thereof: AYES: COMMISSZUNERS: BOUAS~ FkY, HERBST, LA CLAIRE, MC BURNEY, MESSE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIOt7ERS: LAWICKI SN WSTNESS WHEREOF, I Have heceunto set my hand this 25th day of tdovember, 1985. ~ ~_IL~- . ~~ ~ .l~l..¢_~ SECRETARY~ ANAHEIM CITY PI~ANNING COMMZSSION -7- PC85-249 ~ , • ' ; _. ~~4:r•~d . ::~ ~• .. __. . . . . . ~ ~ ,..~