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PC 75-214~ ~ RESC"~ION N0. PC75-214 A RF•SOLUPIO"] OF Ti~ CITY PIJ~NNIIdG COI''U`'IISSI(FI OP TFIF: CITY OF A~1FIl:IM TIL'~T PETITION FQR VAFtIANC~ I~. 2733 BE GRANTII), It~ P'A1~P. WfII:RF,AS, the City Planning Cum~ission of the City of Anaheim did receive a vesi.Eied Petition for Variance fran RAYM~AID SPEf~.R, 913 Palana Place, fU1.lPSton, California 92635 (Owner); WILLIAM C. MC CULT~fX~I, 4320 C~npus Drive, Newport Beach, Cali.fornia 92G60 (Agent) of certain real pr.opezty situated in the City of Anaheim, County of Orange, State of California described as: That portion of a11ot3nent in decree of partition of the Rancho Canon d~ Santa Ana, recoraed in Case No. 1978, of the 17th Juclicial Di.strict Court of Californi.ar a certified wpy of which was recorded February 8, 1~7~4, in Book 28, Page Z5a of Deed. in the office af the County Recorder cf Los Anqeles County, California, in the City of Anahe_vn, County of Orange, Californi.a, de~cri.be3 as follcnas: Parcel 1 as stx~m on a map recorded in Book 30, Fages 48 and 49 of Parcel Maps excepting thexefrcm the follaaing described property. Beginning at the Northeasterly corner of the land described in the deed to the State of Calif•ornia recorded October 30th, 1956 in hook 3693, ?age 374 of Offici.al Records of said county and state; thence along the Easterly and South~sly line of said land the follcwim3 oourses; Swth 5° 38' lA" West 324.54 feet; thence North IIS° 36' 11" West 14.92 feet to a point on the Eastesly li.ne of the land describc~i in a deed ~.o the State of California, record~i October 14th, 1952 in Book 2395, Page 522 of Official Records of said county and state; thence along said ~astPSly line South 1° 23" 00" tVest 47.G4 feet~ tY~nCe SdutYt 88° 37" QO" East 3,ri7.17 feet tA the NoLt11 line of said F:arcel 1, thence North 1° 23' 00" East along said North line 412.10 feet to the Southerly line of a strip of land, 100.00 feet w:.de, as conveyeci to the Riverside, Santa Ana arxi Los Angeles Railway Ca~any, by dced reoorded July 7, 1886, in Book 164, Page 508 of Deeds, Records of Los Angeles County Califoznia, said 10(1.OQ foot wide strip being now vestecl in the Atcheson Tc~eka ar` 1 Santa Fe Railway Co. a corporation, which point is a point on the curve of said srn~therly line, concave t7ortherly having a radius of. 5779.65 feet, a radial bearing to said point bears South 1° A7" 02" East, thence TJesterly along said curve through a central angle of 0° 19' 02" an arc length of 32.00 feet; thezce South 86' 32' 00° West 787.18 feet to the point of beginning; and Parcel 9 as si~own on a map recorded in Book 56, Page 2 of Parcel Maps, Records of Orange County, California; in the City of Araheim, County of Orange, State o£ California. ~~TI~ItEAS, the City Planning Camiission did sc:hedule a public hearirx? at the Cir.y Hall in the City of Anaheim on Septenher 3, 1975, at 1:3~ p.m., notice of saici puUlic hearing having been duly given. as rc~uired by law and in accprdance with the provisions of the Anaheim P7unicipal Code, Chapter 1R.Q3, t~o hear and amsider evidence for ami against sai~l proposed variance and tn investigate and malce finciings and recamie~xiations in connecti.on ther.ewi.th; said public hearing having been wnt~.nued to the Planning Crnmission meeting of Octolxys 29, 1975; and W[~RF1~S, said Caimi.ssi.on, after due inspection, ir.vestigation and study riade by itself aixl in its behalf, and after due c~nsideration of all evidence and reports offered at said hearing, does fuid ar~d determine the following facts: 1. That the petitioner requests the follawing waivers fran the lanaheim Municipal Code, to construct a canrnrcial shopping center: a. SEGTION 18.05.091.011 - Pex?nitted display surface of a sho ~i center i.denti'~ication si (1 display sar.ace pexmitted; 2 sur aces proposed). b. SECPIOPI 18.84.062.011 - Mininnan building setback. ~. SECTIO:I 18.A4.062.032 - Prohi}~ited roof-mounted t. (roof- mount c~I~Fn~~ P~~~ 2. That Waives 1-a, above-rt'e~tioned, is hereby granted on the basis that the Planniny Crnmissi.on does here'~-y detexmine the proposed mornanent-type sign, with t~+o display surfaces, is appropriate in the Sce~ic Corridor Overlay 7.one. 3. That Waiver 1••b, ~ove-mentioned, nas been detezmined to be unnec:essaty. I~SOLUPIdN PIO. PC75 219 ~ ~ 4. That Waiver 1-c, above-mentioned, is hereby gr.'anted on the basis ti~at the petitioner stipulated to pravi.ding acz~quate screer.ing (frcm the sides a~? from above) of the proposed raof-mounted equipnent, said screening to be visually a part of the roof structure; and that the petitioner further stipulateci to suYmittal of precise plans of said screening to the Plannixx~ D~artrnent £or review and appraval. 5. That the Planning Crnmission does herebp detesmirie that app~oval of ,`.Y~e subject proposal shall be subject to develognent of the property in acooxdance with precise plans as su}mitteci. 6. That there are exceptional or extraordinary circ~anst3nces or conditions applicable to the property involved or to tt-e intended use, as granted, of the propes~ty t1~at cio not apply generally to the pmperty or cla~:> .` use in the same vicinity and zone. 7. That the re2uested variance, as grazted, is necessary for the preservation and enjoyment of a suhstantial property right possesseci by other property in the same vicinity and zone, arxi denied to the property in question. 8. That the requesteci variance, as grantecl, will not }~ matesially detrimental to the public welfare or injurious to the pro~erty or improv~nents in such vicinity and zone in which the pr~pezty is located. 9. That no one indicuted their presence at said public hearir~ in opposition; a~xl no wrrespondence was received in og~~osition to subject petition. FddVII~i~'~I~L ~ACT F~F'OIr^ FAVDING: That Enviroramnt-al ImPact Report No. 156, haviny been wnsidered this date by the Anaheim City Planning Crnmission ancl evidence, both written ancl oral, having been presented to sup~lenent said ciraft ESR No. 15E, the Planninq Camission balieves that sail clraft EIR No. 156 does confonn to the~.`ity and State (~idelines an3 the State of Califer.nia. Erniroranental Qualtiy Act ancl, based upon such infozmation, does hereUy recamer,d tc~ the City wuncil that they eerti£y said EIR is in crnipliance wit}: said Envirorntiental Quality Act. NOW~ Tf~REF'ORE, SE IT R~SOLVF~ that the 7~nahe3m City Pl~ nni.ng c'_acmission dces hereby grant, fn part, subject Petition for Vari.ance, upon the follc~wing conciitions which are herel~y found to be a necessary prer.ecguisite ~o the proposed use of the subject property in o~ies to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this variance is c3ranted subject to the ~cmpletion of Reclassification No. 75-76-2, 2. That subjec.~t property shall be develoned precirely in accrordance with plans ancl ~ecifications on file with the City of Anaheun marked Exh~.bit Nos. 1, 2, and 3, provi.ded, hrxaever, that plans and specif.ications for the screening of the roof-mountecl equipnent shall be su}mitted ta ttie Planning De~rtrr~ent for review and approval. pri.or to the issuance of a buildinq perrnit. Tf~ FDRTX~OING RF'.SOLiTPION is signed and a~rovori by me this 29th day of October, 1975. __~~~y~if/Ll /~i~~ CHAIIiN7~d, PRO TFl~'IE'O Aty1F~I-d CITY PLANNIf7G ~*.~'IISSION ATPFSr: ~ ~~ SfS',RET,A3YY, ANAIIF.Ii+I CiTY PIANt~INC OOP1"'fISSI0i1 -z- ~so~.~rrxo~ r~o. ~s-aia ~ ~ ~ ~ STA7.'F. OF CALIFC)FII~1IA ) COUNPY OF OFtANGE )ss. CIZ7C OF ANAF~IM ) I, Patri~ia B. Scanlan, Secretary of tihe City PlannirxT Crnmission oF the City of 1~naheim, do hereby certify that tn~ foregoing resolutirm was passed ar~d adopteci at a meeting of the City Planns.nq Carmission of the Cit;-~ ot Anaheim, held or October 29,1975, at 1:30 p.m,, by the follcxaing vote of the menix:zs thereof: .~YES: COP'PIISSICP.~RS: BATQ~IF~S, F~.S"~ JOHI~SQQ~ XITiG, R`OIA.?~ NIORI~'Y tlOES: CCY~SSIOP~I2S: NO[~ ABSII~]T: CQ~4~9ISS20:~}tS: FARANO 1975. I[3 wT^_~:r SS WE~'tFAF, I have Yrseunto set my hand. this 29th day of Oct~bex, ~ . o AI~HEI.TM CPPSC ~i.~~I']N17dG QY^1"'1S' ~ION -3- ~sourriarr tao. ~5-u4