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PC 85-49RESOLUTION NO. PC85-49 A RESOLUTION Or^ THE ANAHEIM CITY PLANNING COMMISSION THAT PETZTION ~OR VARIANCE N0. 3462 BE GRANTED WHEREAS, the Ana:~eim City Planning Commission did receive a verified Petition fot Variance frort~ DUN[d PROPERTIES CORPORATION, 28 Brookhollow Drive, Santa Ana, California 92702, ATTN: DANIEL L. McGREGOR, owner, and RILL SINGER ANll ASSOCIATES, 5100 Birch Street, Newport Beach, California 92660, ATTN: BILL SINGER, agent for cectain real pcoperty situated in the City of Anaheim, Ccunty of Orange, State of California described as: FARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER UF SECTION 26~ TOWNSHIP 4 SOUTH, RANGE 10 WEST, CITY OF ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIFORNIA~ AS SAOWN ON A MAP RECORDED IN BOOK 51~ PAGE 10 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY OF R.°.CORUER OE SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNZNG AT T[~E 6AST QUARTER CORNER OF SAID FRACTIODIAL SECTION~ AS SAID E~ST QUARTER CORNER IS SHOWN ON TFIE MAP FILED IN BOOK 43~ PAGE 37 0° RECOP,D OF ~RVEYS~ IN THE OFFICE OF THF. COUNTY RECORDER; T'r.ENC~ NORTH 0° ~.' 00" WEST ALONG THE CENTER LINE OF PLACEI~TIA AVENUE AS SHORTN ON SAID FILED MAP~ ,~.35.76 FEET; THENCE SOUiH 89° 59' 35" WEST 631.98 FEET TO THE EASTERLY LING OF iHE LAND DESCRIBED IN THE QUITCLAIM DF.ED TO FALSTAFF BREWING CORPORATION RECORDED JUNE 20~ 1961~ IN BOOK 57~9~ PAGE 921 OF OFFICIAI. RECORDS, P.ECORDS OF SAID COUNTY; THENCE SOUTH 0° 41' 11' EAST ALONG SAID EASTERLY LINE~ 335.65 FEET TO THE SOUTH LTNE OF SRID C10RTHEAST QUARTER; THENCE SO~JTH 89° 59' 41" EAST ALONG SAID SOUTH LINE, 628.74 PEET TO THE POINT UF BEGINNING. BXCEi i SilE SCL`Tf'.EP.L°_ 200.00 F~ ET nF THR EASTRRLY 203.00 FEET THEREOF. PARCEL 2: THAT PORTION OF THR SOUTHEAST QUARTER OF THE NORTHEAST QUARTEF OF SECTION 26, TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ ZN THE RANCHO SAN JUAN CAJON D~ SANTA ANA~ AS SHOWN ON A MAP P.ECORDED IN BOOK 51~ PAGE 10 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY R~CORDER OF SAID COUNTY~ DESCRIBED AS FOLLOWS: 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 SOOK 43~ PAGE 37 OE RECORD OF SURVEY&~ IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 0° 08' 00" WEST ALONG THF CENTER LINE OF PLACENTIA AVENUE AS SHONN ON SAID FILED MAP, #0447c PC85-49 335.76 FEET; THENCE SOUTH Et9° 59' 35' WEST 631.98 FEET TO T!IE EA$TERLY LINE OP THE LAND DESCRIBED ZN THE QUITCLAIM DFED TO FALf,TAFF BREWING CORPORATION RfiCORAED JUNE 20, 1961, IN B~OR 5759, PAGE 921 UF OFFICIAL RE(:ORDS~ RECORDS OF SAID COUtdiY; THENCE SOUTH 0° 41' 11" EF,ST ALONG SAID EASTERLY L2NE, 335.65 FEET TO THE SOOTH LINE OF SASD NORTHEAS'.C QUARTER; THENCE SOUTH 89° 59' 41" EAST ALOAG S11ID SOUTH LZNr~ 626.74 FEET TO THE POINT OF BEGINNING. WHEItEAS, the City Planning Cornmission did hold a public hearing at the Civic Center in the City of Anaheim on Pebruary 20, 1985, at 1:30 p.m„ notice oE said public hearing having be?n duly given as required by law and in accordance with the provisions of the Anaheirn Municipal Code, Chapter 18.d3, to hear and consider evidence for and against: said proposed variance and to investigate and make finding~ and recommendations in connection therewith; and WHEREAS, said Commission, after due in::pection, investigation and study made by itself and in its behalP, and after due consideration of all evidence and reports offered at said hearing, does find and determine the follcwing facts: 1. That the petitioner proposes waivers of the following to construct a six-story commercial office building: (a) SECTI~NS 18.06.050.0212, -!t.inimum number of oarkinq spaces. 18.U6.U80 (397 sp~ces required; 346 spaces AND 18.41.06G.050 ;~[•oposed) (b) SECTION 16.41.062.011 - M+~ximum structural heiqht (57 feet pe~mit~ed within 300 feet of S:ingle-Family residential zoning; 86 feet Qr.oposed 115 feet from single-family residential zoning to the south) Z. That the above-nientioned waiver (a) is hereby granted on the b~~ic t.".~t the gnr~ic:, ~~riancc wiil ~iuc cause an increase in traffic congestion in the immediate vicinity nor aclversely affect any adjoining land uses; and that the granting cf the parking variance under the conditions imposed, if any, will ~ not be detrimental to the peace, health, safety or genera2 welfare of the t citizens of the City of Anaheim. 3. That the above-mentioned waiver (b) is hereby granted on the ~ basis that there are special c:ircumstances applicable to the property such as ~~ size, shape, topography, locatic~n and sui:roundings which do not apply to other identically zoned property in tf~e same vicinity; and that strict application oE • the 2oning Code deprives the property of privileges enjoyed by other properties ~ in the identical zone and classiEication in the vicinity. ~ 4. That there are exception~al or extraordinary circumsta~cea or conditions appliaable to the property i.nvolved or to the intended use of the , property that do not apply generally to tF~e property or class of use in the same vicinity and zone. ~± 5. That the requested variance is nece~sary for the preservation ard ,s i`d enjoyment of a substantial property right possessed by other property in the r same vicinity and zone, and denied to the property in question. _n,,..;. ,u~ ;;~a ~y;•~; ; -Z- PC85-49 ~~a.'~s:~ ~a'' ': i%, s ..; 6. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 7. That one persoii indicated their presence at said public hearing in opoosition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FIt7DING: Environmental Impact Report No. 250 was previously certified for subject property by the Planning Commission on November 30, 1981, in conjunction with Reclassification No. 81-82-9 and Conditional Use Fermit No. 2265, NOW, THEREr^ORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, 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 tF.e Citizens of the City of Anaheim: 1. That drainage of subject propecty shall be disposed of in a manner satisfactory to the City Engineer and shall consist of construction of e storm drain in Orangewood Avenue from State College Boulevard to the O.C.F.C.D. Southea~t Anaheim facility, or another alternative acceptable to the City Engineer; and that security in the £orm of a bond, certificate oE deoosit, letter of credit, or cash, in an amount and forr~ satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improv=ments. Said security shall be posted with the City prior to issuance of a building permit, to guarantee the installation of the above-required improvements prior to occupancy of Phase II oF the overall subject project (located to the nocth of subject property), or within a period of three (3) years from the date the security is posted, whichever occurs first, or at such time as may additionally Le granted by the City Engineer. 2. That priur to issuance of a bui].ding 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. 3. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 66 feet in width from the centerline of the street along State College Boulevard and 64 feet in width from the centerline of the street along Orangewood Avenue (for the easterly approximately 150 feet of subject property) for street widening purposes. 4. That the existing cur~, guttet and sidewalk, shall be removed and reconstructed to provide a righl• turn lane on State College Doulevard and a bus bay on Orangewood Avenue, including preparation of improvement plans and installation of all improvements such as curb and gutters, sidewalks, street grading and pavement, sewer, water and drainage facilities, or other appurtenant work which shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office cf the City Engineer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisEactory to the City of -3- PC85-49 Anaheim, shall be posted with the City to guacantee the satisfactory completion oF said improvements. Said security shall be posted with the City prior to issuance of a building permit, to guarantee the installation of the above-cequired improvements prior to occupancy of Phase II of the ovcrall subjer.t project (located to the north of subject property), or within a period of three (3) years fcom the date the security is posted, whichever occurs first, or at such time as may additionally be granted by the City Engineer. That a solid median (except for one (1) opening pro~~iding left turn access) from State Cr,llege Boulevard) ?xte~ding from Orangewood Avenue northerly to ~ point south of the Atchison, Topeka and Santa Fe Railway shall be installed to the satisfaction of the Cil•y Traffic Engineer; and that security in the form of a bond, certificate of deposi.t, letter ef credit, or r_ash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory installatior, of said median. Said securi.ty shall be posted with the City pr_or to issuance oP a buildina permit, to 9~sreintee the installetion of said median prior to occupancy of Phase II of the overall subject project (located to the north of subject propertyl cr within a period of three (3) years from the date the security ;s posted, whichever occurs first, or at such time as may additio~al].y be granted by the City Engineer. That dual left turn lanes on State Col.lege Boulevard shall be installed to the satisfaction of the City Traffic E~gineer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash in an amount and form satisfactory to the City af Analieim, shall be posted with the City to guarantee the provision of said lanes. Ssid security shall be posted with the City prior to issuance of a building permit to guarantee the provision of sai9 lanes prior to occupancy of Phase II of the overa!1 subject project (located to the north of subject property) oc within a period of three (3) years from the date the security is posted, whichever occurs first, or at such time as may additio~ally he gran~e~l b,~ t'~c Citi ^ngineer. 7, That prior tu issuance of an occupancy perr~it for Phase I, the developer of subject property shall pay the sum o~ fifty thousand dollars ($50,000) or ~ubmit a letter of credit sakisfactory to the City for the traffic signal assessment fund in iieu of acquiring additional right-nf-way and installing an eastbound right turn lane on Orangewood Avenue. 8. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall ~e paid to the City of Anaheim in an amount as dPtermined by the City Council for new commercial buildings. 9. That prior to issuance of a buildiny permit, the owner(s) of subject property shall execute and record a covenant in a Eorm approved by the City Attorney agreeing that if, within three (3) years following occupancy of the office building, the Cicy conducts a tzaffic study which indicates that the off-street parking i.s inadequate for the ~4- PC85-49 u rk.: : e~ -~ua.iRnJ.~. ,. • . . ~ ~ office building, said owner shall construct a parking structure on the subject pcoperty or shall otherwise provide additional off-street parking in a number (not to exceed 51 additional spaces for a total of 397 spaces) and manner satisfactory to che City Engineer. Compliance with the terms of the aforesaid covenant is an express and continuing aondition of this permit. Additionally, prior to issuance of a building permit for the office building, said owner(s) shall post a faithful performancE bond with the City or submit a letter of credit ~r 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 caistructed in a timely manr.e*. 10. That within a period of thirty (30) days from the date o~ this resolution, the owner of the subject property shall pay to the Citv the balance ot the funds required for the comprehensive land use study in an amount noc to exceed y12,5Cu. Pailure to comply with this condikion within the specified time shall render this variance null and void. ~ 11. That prior to the commencement of the activity authocized undet thi~ resolution, or prior to th e time that e: building permit is issued, or within a period of ninety (90) days f rcmi the date of this resolution, whichever occurs first, the owner(s) of subject propertv Sh a d l n a l execute record a covenant in a form approve9 by the Cit ' y Attorney s Office wherein such owner(s) agrea not to contest the formation of any assessment district(s) which may hereafter b e formed pursuant to the provisions oE Developr.ent Agreement No 83-01 b . etween the City of Anaheim and Anaheim Stadium Associates, which di.strictfs) include h ' suc could owner s properl-y. Failur.e to comply with this condition within the specified ti me shall render this variance null and v id o . 12. That pcioc lo i.suance of a building permit the ultimate driveway location on State Colle e B l y ou evard shall hA rev•ew~c~ ~n@ appr~~ed by `hc ~itr ;cattic Engineer. ' : 13. That the owner of subject pcoperty shall pay to the City of Aneheim a fee for tree planting ur p poses along State College IIoulevard and Orangewcod Avenue in a i n amount as determined by the City Council. ' 14. That che existing street lights along State College Boulevard and Orangewood Avenue sh ll b ~ 1 a e removed and shall be reinstalled as requiced by the Utilities General Manager in accordance with s~ecifications on file in the Office uf Utiliti es General Manager, and that security in the form of a bond , certificate of deposit, letter of cr.edit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the Cit f y o guarantee the satisfactory ~ompletion of the above-mentionad i mprovements. Satd security shall be posted with the City of Anaheim prior t o issuance of a building per;nit to guacantee the installation o: a6ove-required im provements prior to occupancy of Phase I7 of the overall subject r p oject (located to the north of subject prcperty) or withi~ a period of three (3) years from the date the security is posted, whichever ,'; occurs first, or at such time as may additionally be granted by the Cit E ~~ ~. y ngineer, ~ .., , n~ i~' _g_ -~: ~ ~, ;; PC85-49 Nh~1~'.~ T . . . -. _ . _ . . . . . . .. .. - . . . . . . . . . . . . . . . . ~ 2y. i!i,l~ 15. That prior to commencement of structural framing, fire hydrants shall be installed and char.ged as required and detecmined to be necessary by the Chief of the Fire Uepartment. 16. That fire sprinklcrs shall be installed as required by the City Fire Marshal7.. 17• That trash storage areas shall be provided and maintained in accordance with approved plans on fi2e with the Street Maintenance and Sanitation Division. 18. That subject property shall be served by underground utilities. ~ 13. That prior to issuance of a building permit, the 3pplicant shall submit written evidence to the City showing that a Letter of Map ~ Amendment has been obtained from the Fe~eral Emergency Management A4ency, unlvss the City Flood Hazard Reduction Ordinance (No. 4236) is to be satisfied. 20• That the proposal shall comply with all signing :equirements of the CO Zon?, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 21. That all driveways shall be constructed to accommodate ten (10? foot radius curb returns as required by the City Traffic Engineer. Y2. That all air conditioning facilities and other roof mounted equipment shall be properly shielded from view. 23. That the owner of subject property shall submit a letter requesting terminati~ : of Conditional Ose Pecmit No. 2596 to the Planning Department. 24. That subject prcperty shall be developed substantially in accordance with plans and spec9pz~a~io;~~ ~n Liia with the City of Anaheim marked Exliibit Nos. 1 through 4. 25. That prior to issuance of a building pecmit, or within a perio~ of one year from the date oE this cesolu*ion, whichevet occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 8, 9, 12, 13, 14, 19 dnd 23 above-mentioned, shall be complied with. Extensions for further time to complei.e said conditions may be granted in accordance with Section 18.03.090 01: the Anaheim Municipal Code. 25• n~hst prior to final building and zoning inspections, Condition 16, 17, 18, 21, 22 and 24, above-mentioned, shall be complied with. B~ IT FURTHER RESOLVED that tha Anaheim City Planning Commission does hereby finH and de*_errnine that adoption of this Resolution is expreasly predicated Upon app]icant's compliance with each and all o£ 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 containeci~ shall be deemed null and void. _6_ a;:. , . PC85-49 ~ ~ ^ TfIE FUREGOI:IG RESOLUTION is signed and approve by me this 2 Jth day of February, 1985. ~ / ~I / ~ ~~. ~.L/~ ~~. :,1~ ~~ CFtTtIRMA[3~ ANAHGIM CI Y PLANNZNG COMMISSION ATTEST: `~~' ~ ' ~~,~ ~ SECRETARY~ ANAHF.IM CITY PLANNI~4ISS_TON STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAIiEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolutton was passed and adopCed at a meeting of the Anaheim City Planning Commission held or February 20, 1985, by the folSowing vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FR`_', FIERBST, LA CLAIRE~ !1C BURNEY NOES: COMMISSZONERS; NONE ABSENT: COMMISSIONERS: KIN~ IN [~1ITt:ESS WFiEREOF, I have hereunto set my hand this 20th day of February, 1985. l' bi.i-rLis~-' ~ SECRETARY, At7AEiEIN. CZTY PLANNTNG COMMISSION _~_ PC85-49 __ ~ ~:anwr.;,,,~,1+1rP!+ec.r• ~ ~.:r,..-a..,.. ,..., .: . . _ . . .. , . . .... _ . .. - . ~ ., .. _. .. _~.. . . ,