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PC 74-109. . ~ ~ RESOLUT.ION N0. PC74-109 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY•~OF ANAHEIM THAT PETITI.ON FOR VARIANCE N0. 2598 BE GRANTED TN FART WHEREAS, the City Planning Commission of the City of Anaheim did receive a ~erified Petition for Var.iance from DUNN PROPERTIES CURP., 2009 East Edinger, Santa Ana, California 92701, Owner, of certr~in real property situated in the City of Anaheim, County of Orange, State of California, as described in Exhibit "A" attached t:ereto znd _*eferred to herein as though set forth in full; and WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in `he City of Anaheim on May 29, 1974, at 2:00 o'clock p.m., notice of said public hearing having b_en duly given as required by law and in accordance with tl-e pcovisions of the Anah~im Muncipal Code, Chapter 18.68, to hear and consider evidence £or and against said ' proposed variance an3 to investigate and make findingc and recommendations in connection therewith; and WHERrAS, said Com,uission, after due inspection, investigation, and study made by itself and in its behalf, ar.d after due consideration of all evidance and rep~rts offered at said hearing, does find and determine the following facts: 1. That the petitioner requests the following variances from the Anaheim Municipal Code to construct a bank, a savings and loan bank, a theatre, a t~ro-story office building and three restaurants: {a) SECTION 18.40.070(4)(2) - Minimum required parking (769 required; 515 provided) . (b) SECTION 18.40.070(3)(b) - Maximum permitted heiRht of struclure (75 ' feet permitCed; 85 feet proposed) . (c) SECTION 18.62.130A - Temporary display of banners (temporary display of bannerspermitted; permanent display of banners proposed) _ 2. That Waiver 1-a, above-mentioned, i3 hereby granted for Lot No. 2 only, since the Planning Commission has recotmnended disapproval of the reclassification of Lots No, 1 and 3 and the proposed development could not be accomplished within the site development standards of the zoning on subject property; and on the basis that the proposed theatre. would be in use at hours other than the regular Uusiness hours oE the other uses. 3. That Waiv~r 1-b, above-mentioned, was withdrawn by the petitioner. ~ 4. That Waiver 1-c, above-mentioned, is hereby granted on the basis that the banners are part of the design of the structure aa well as a development theme, and set back a considerable distance from the adjacent st•reets. 5. That there arp exceptional or extraordinary circumstances or conditions applicable to the groperty involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 6. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That the requested variance will not• be materiaily detrimental to thepublic welfar.e or injurious to the property or improvements in such vicinity and zone in which the property is located. 8. ?'hat one person appeared in upposition to subject petition in relationship tc the proposed deceiopment of that portion of the subject property designated as Lot 3. fiNVIRONMENTAZ II~ACT REPURT FINDING: Ttiat Environmental Impact Report No. 123, having been considered this date by the City Planning Commission and evidence both written and oral having been presented to supplement said draft EIR No. 123, the Planning Commission believes thar said draft EIR No. 123 daes conform to the City and State Guidelines and the State of California Environmenta2 Quality Act and, based upon such information, does hereby recommend to the City Council that they certify said EIR No. 123 is in compliance with ssid Environmental Quality Act, p2~G -2- RESOLUTION N0. PC74-109 ~ ~. . ~ . . ~' `.. ~ ~ ~l~:~;: J- t~~i • .~,~~ . ~ WILI IAMSON and S~ID pVIL[N61M[~M i5]5 EAST FIRST STHEET SANTA ANA. GIIFORN~A D:701 .• PHdC'CS{7.70B6 ~ ~ , Y-LV-/z ~ « » ~ vP P t-~/1~~- ~~- ' . ,-- .~ ~_l~~l~~.~ ~. ~ LEGAL DESCRIPTION , G023UIT~ONAL-US~E-PERMI4' i~PPLICATION . . ~~~.~}.~~G~ '• •' That portion of Parcel 2 in the City of Ananeim, County of Orange, State of Cali£ornia per man filed in Book,50, Page 21 of Parcel biaps in the office of the County Recorder of saifi . County 3escribed as follows: ' • ' Beginning at the Northerly terminus of that certain course .' . ' ih the Easterly Tine of said Parcel 2 shown on said map as ~ North 0° lA' 36" S•Jest 115C.50 feet; thence South.0° 14 36" , ' East 325.00 feet along said Easterly line to'the true point . of beginning; thence South 0° 14' 36" East 825.50 feet alcng . ! • ~aid Easterl1 lir.e to th_ beginrirg oi a tzr_qent curve tliPreia ' concave Northwesterly and having a radius of 25.00 feet; thence ~~; . Southwesterly 39.27 ieet alonq said cu=ve thzough a central • ~ anyle o£ 90° 00' 04"; thence taagent to said curve South S9° 45' • 28" West 869.62 feet along the Southesly line of said Parcel 2 •Co a point on a non-tangent curve concate Southeasterly and having a radius of 295.00 feet, a radial to said point bears South 89° 95' 28" West; thence Northeastesl~ 3~Ig,7g feet•along: • said curve,through a central angle o~ 67° 44'. 32";.thence tan- ' ~ gent to said curve North 67° 30' 00" East i10.00 £eet to the • beginninq of a tangent curve concave Northwesterly and having a radius oE 310.00 feet; thence Northeasterly 261.01 :.et` aloag ' said curve.through a central ang1~ of 48° 14' 30"; thence.tan- .j gent to said curve North 19° 15' 30" East 73.60 £eet to tne beginning of'a tangent curve concave Southeasterly and having ' a radius of 425.00 ieet; thence Nor'r.heasterly 532.49 f~et along said'curve~,through a central angle of 71° 47' 1S" to the true point of beginning. ' " •~ ~;Containing an area of 10.644 acres more or less. ' i ' . . /`~~~017187g2p2'a , ~ ~ • • ~ . •' ;~ . . ~a ; ~• ~~ ppR 197G ^'~ i a ~A2.~~. ZSqS~ . RL• G`N h, ~ y ~Jc pG{~ 1--f,~r ~(~-~-'' . • ~ • ~ ~o U~~1910N ^`°+ '--~~~CJ:I~( Cf1~~i~ IY~ _ • . `r3eC~/.!~•~'V.La ~ ' ~ • . STRUCTURRS • HYDRAl1UC5 • SVRYEYING • LANO fLANNING • HIGHWAY CONSULTANTS - . • • ~ ~ . ~ ~ i ' i ~ . i ,~r . . ~q 1G 171!t ~ i ,;, f ~~. . ~',,° `'.o .~' l~, AF'R i97~ ~, ~e' itt~C~lYFD ' i; ~ L'JNII~C3 ~ ~iYi.<,ior~ ~ .~` '/ \1 W ~ ~~ ~^ ~ ,p+ ~ ~ NOW, THEREFORE, BE IT RESOLVED thet the Aneheim City Planning Commission does he:eby grant subject Petition for Vaciance, upon the following conditions which ace hereby faund to be a neces;sary precequisite to the pro- posed use of the subject pcoperty in ocder to pceserve the safety and general welfn:e ol: the Citizens of the City of Anaheim: 1. Thai street names shall be approved by the City of Anaheim.prior to approval of a final tract map. ~ 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, 4, 5, 6 end 7. THE FOREGOTiVG RESOLUTION is signed and approved by me this 29th day of May 1974. / ~6!'.GlYi~'I~I.f~ - ,, CHAIRMAN ANAHEII7 CITY PLANNING COMMISSION ATTEST: ~~~;~f ~~.~,,~ SECRETARY ANAHEIM CITY PLANNING COMMISSfON STATE OF CALIFQRNIA ) COUNTY OF ORANGE ) S$• CITY OF ANAHEIM ) I, Patriaia B. Scanlan,Secretary of the City Planning Commission of the City of Anaheim, do.hereby certify that the foregoing cesolution wes passed and adopted et a meeting of the City Planning Commission of the City of Aneheim, held on May 29, 1974 at 2:00 o'clock P.M., by the following vote of thz members thereoE: ~YES: COMMISSIONERS: COMPTON, FARANO, HERBST, MORLEY, GAUER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: JOHNSON, KING IN W1TNE:,S WHEREOF, I have hereunto set my hand this 29th day af May 1974. .~ ~ ~ ~ ~~~~~ SECRETARY ANAHEIM CITY PLANNING COMMISSION V2-G .2_ RESOLUTION N0. PC74-109