PC 76-197~,
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RESOLUTION N0. PC76-197
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSfON
THAT PETITION FOR VARIANCE N0. 2855 BE DENIED.
WHEREAS, the Anaf~elm City Planning Commisslon did receive a verifled
Patitlon for Varian~e from BREN DEVELOPMENT COMPANY, SANTA ANA VALLEY IRRIGATlON
COMPANY~ EDHA, BERNARD~, AND JACK YORBA~ 125 S, Claudina Street, Anah~lm~ California
92805 (Owners); SGPA PLANNING E ARCHITF.CTURE, P.O. Bcx 33326, San Dlego, Californta
92103 (Agent) of cnrtaln real property situated In the Ctty of AnaheTm, County of
Orange, State of Californla described ae:
PARCEL 1:
THAT PCRTION OF LOT 'i OF THE DOt1INGUES ES7ATE, It•I THE CITY OF ANAHEIM,
COUNTY UF OP,ANGE, STATE OF CALIFORPlIA AS SHOWN OP~ A MAP FILED IN BOOK
2 PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUI4TY~ DESCRIOED AS FOLLOWS: '
BEGIPJPdING AT THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTHERLY
292,66 FEET ALQtdG THE WESTERLY LINE OF SAID LOT TO iHE SOUTHERLY LINE
OF PAP,CEL 1 OF TiiE LAND DESCRIBED I~l THE DEED TO THE STATE OF CALIFORNIA
RECORDED IN BOOK 3G:5 PAGE 802 OF OFFICIAL RECORDS; THENCE EASTERLY
230,68 FEET ALOP~G SAID SOUiHERLY LINE TO THE WESTERLY LINE 0~ d'HE
LAt~D pESCRIBED ItJ THE DEED 7U THE STATE OF CALIFOP.NIA RECORDED IN
BOOK 2441 PAGE 84 OF OFFICIAL RECORDS; THENCE SOUTHERL'f 386.98 FEET
ALOPJG LAST ~1ENTIONED WESTERLY LI~dE TO THE SOUTHERLY LINE OF Sf~ID LOT;
ThiEP~CE 4lESTERLY 249.63 FEET ALONG SAID LAST MENTIONED SOUTHERLY LINE
TO T~iE POINT OF BEGINNING.
E~(CEPT ALL OIL, PETROLEUM~ NATURAL GAS, MINERAL RI'GHTS AND OTHER
HYDROCARBON SUBSTANCES LYING BEL041 A DEPTH OF 500 FEET AND WITHOUT
ANY RIGH7 OF ENTRY UPON 7HE SURFACE OF SAID LAND FOR THE PURPOSE OF
E;CPLARING FUR, EXTRACTIPJG~ MINING, ElORING~ REMOVING OR MARKETING SAID
FIUSBAJDCl1JU 41IFEESANDEARNOLDROULDOMINGUEZIINUTHEADEEOSARECORDEDMINGUEZ,
JANUAR'( 13~ ~963 IN BOOK 6399 PAGE 253 AND 255~ OFFICIAL RECORDS.
PARCEL 2:
T11AT PORTIOFI OF THE LAND ALLOTTED TO DONACIANO, FELIPA, FELIZ,
BRIGIDA~ APlD CHRISTINA DOMINGUEZ, IN THG CITY OF ANAh1EIM~ COUNTY OF
PARTITI~NTOFETHE RANCHORSANTIAGODOECSANTA ANA,HJHICHAWASEENTERED
SEPTEN~LER 12, 1868 I~J BOOK ~'B'~ PAGE 410 OF JUDGMEN7S OF THE DISTf2ICT
COUftT OF THE 17TH JUDICiAL DISTRICT IN AND FOR LOS ANGELES COUNTY,
CALIF~OP.MIA, THA7 WAS DESCRI4ED IN TNE DEED TO THE SAPJ7A ANA VALI.EY
IRRIGIATION CUMPANY RFCORDED JULY 18, 1934 IN BOOK 685 PAGE 255 OF
OFFICIAL RECORD5~ LYIPJG BET1JEEtJ 7HE SOUTHERLY PROLONG.ATION OF THE
WESTERLY LINE OF LOT 3 AS SHOWN ON A MAP FILED IN E300K 2 PAGE 15 OF
RGCORU UF SURVEYS IN THE OFFICE OF THE COUPI7Y RECORDER OF SAID ORANGE
COUNTY AI•!U k LIt~E PROLONGED NOR7HFRLY FROM 7HE NORTHEA57 CORt~ER OF .
Tt1E LAhlU DESCRIBtD Itd RESOLUTIOP~ M0. 7<<R.-155 RECORDED APRIL 12, 1974
III 600K 11117 F'AGE 1`~BS OF OFFICIAL RECORDS' TO THE SOU7HWEST CORNER
~JAD+UARYL23D 1953RINEBOOK 2441DPAGET84TOF OFFICIAL RECORDSr7IA RECORDED
PARCEL 3:
Ti1AT PORTIO~! OF THE UNNAMED ROA~ SHOWN ON TRACT N0. 936 IN THE CITY
UF AP~AHEIM, COUNTY OF ORAPJGE~ STATE QF CALIFORNIA AS SHOWN ON A tAAP
RECORD"cU 1N BOOK 30 PAGES 1 AND 2 OF ~1ISCELLANEOUS MAPS I~J THE OFFICE
UF THE COUtJTY RECORDER OF SAID COUN7Y, AS AQANDONED BY RESOLUTION N0.
7~tR-155 OF 7HE CITY COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY
OF WHICH WAS RECORDED APRIL 12~ 1974 IN BOOK 11117 PAGE 1988~ OF
OFFICIAL RECQRDS~ ~'t"SCRTBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER GF LOT 45 IN TRACT 6717~ AS SHOWN
OPd A MAP RECORDED IN BOOK 280 PAuES R4, 45 AND 46 OF SAID MISCELLANEOUS
MAPS, SAID CQRPIER BEING A POINT A7 THE QEGI~JNIP~G OF A CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 30 FEET, A RADIAL LINE BEAP.ING
NQRTH 23° 31~ 21" EAST PASSES THROUGH SAID POINT; THENCE SOi1TH 61°
2a~ 39" EAST, 218.00 FEET ALONG THE NORTH RIGHT OF WAY LINE OF OLD
RESOLUTION N0. PC76-197
SANTA ANA CANYON R~ TO THE BEGINNING OF A C~E CONCAVE NORTHEASTEALY
AP1D HAVING A RADIUS OF 820 FEET, A RADIAL LINE BEARING SOUTH 28° 31'
21" WEST PA55~5 THROUGH SAID POINT; THENCE SOUTHEASTERLY 10.55 FEET
ALOP~G S~IQ CURVE THROUGH A CENTRAL APlvLE OF 0° 44~ 14" THENCE SOUTH
1° 50~ 03~~ W[ST 66.20 FEET TO THE SOUTH RIGHT OF WAY,LINE OF SAID OLD
SANTA ArlA CANYON ROAD, 60.00 FEET WIDE, SAID INTERSECTIOh EEING A
POIt~T IP! A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 880
FEET~ A RADIAL LIP~E BEARING NORTH 25° 53' S6" EAST PASSES THROUGH
SAID POItIT; THENCE NORTHWESTERLY ~t0.30 FEET ALONG SAID CURVE THROUGH
A C[NTRAL AhIGLE OF 2° ~7~ 25"~ THENCE hORTH 61° 28' 39" WEST, 213.00
FGET TO A POINT IN A CUSP OF A CURVE CONCAVE PlORTHWESTER~Y ANO HAVitJG
A RAOIUS OF 30 FEET~ A RADIAL LINE BEARING SOUTH ~8° 31' 21" EAST
PASSES THROUGH SAID POINT; THENCE EASTERLY, ~dORTHEASTEP,LY, PJORTHERLY
AND tJORTHWESTERLY 94.25 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 180° 00~ 00~~ TO 7HE POINT OF BEGINNING.
PARCEL 4:
TtfAT FURTI011 QF t.UT 7 dF TRACT N0. 936, IPJ 7HE CiTY OF ANAHEIP~,
COUPlTY OF ORANG~~ STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30
PAGES 1 AtID 2 OF MiSCELLi1PJE0U5 MAPS, IN THE OFFIC[ OF THE COUNTY
RECORUEP. OF cAID COUP~7Y~ LYIP~G PJORTH~RLY OF THE CENTER LINF OF THE
LAND UESCk:[5ED lN THE DEEU T~J THE STHTE OF CALIFOP.NIA, RECORDED MAY
2G, 1948 IN BQOK 1643 PAGE 306 OF OFFICIAL RECORD5.
E~(CEP'i THAT PORTIOhI DESCRIBED IN THE DEED RECORDED AUGUST 1~ 1939 IN
BOOK 1002 PAGE 53'l~ OF OFFICIAL RECORDS,
WHEREAS~ the Clty Plannl~g Commisslon dld hold a public hearfng mt the City
Hall ln the City of Anaheim on ~:ctober 11. 1,976~ at 1:30 p.m., notlce of said publlc
hearing having been duly glven as requlred by law and tn accordance with the
provlsions of the Anahelm Municipal Code. Chapter 1$.03, to hear and conslder
evidenee for and against sald proposed variance and to lnvestigate and m~ke findings
and recommendatlons ln connectlon therewith; and
WNEREAS~ sald Lommlsslon, after due inspection~ investlgation and study made
by itself and ln its behalf. and after due consideration of ail evidence and repurts
offered at sald hearing. does flnd and determine the following facts:
1. 7hat the petlttoner proposes the following walvers from the Anaheim
Municipal Code~ to construct a commerc~al shopping cente~ 1n the CL(SC) (COMMERCIAL,
LIMITED - SCENIC CORRIDOR OVERLAY) ZONE:
a. SECTION iti.05,091 - Permttted si Q~n(n~ (Freestanding stgns in the
Scen c orr o~prohlbited; two freestanding
slans proposed)
b. SECTION 18.84.Ofi2.011 - Bulldin setback from ex ressw~.
~ eet requ re~; eet prop~sed)
c. SECTION 18,84.062.013 - Butldin setback fran local street.
0 eet requ rc ; eet propose
d. SECT-ON 18.84.Q62.Ol~i - Re utred landsca In .(20 feet required
a ecent to pu c streets; -11 feet propesed)
2. That the foregoing walvers are herehy denled on the basis that the
proposal would create strip commereial devel~pmnnt ln the Scenlc Corridor; that the
proposal wauld adversely lmpact the adJacent resldentlal uses to the north since
eccess io *_he slte for sanitacion vehtcles is proposed Prom Old 3anta Ana Canyon
Roed; that further Impacts would be Imposed upon the adJacent residences and traffic
clrculatlon In the area if sald walvcrs were granted; and thnt because of the number
of weivers necessery to develop the proposed comrnercfal shopping center, it appears
that sald proposal ls an overdevetopment of subJect commerclal property.
3. That there are no exceptlonal or extraordlnary cTrcumstances or
conditions appllcable to the property Involved or to the intended use of the properCy
that do not apply 9enerally to Che property or class of use in the same vicinity and
zone.
4. That the requested variance is not necessary for thc preservation and
enJoyment of a substantlal property rlnhi possessad by other property ln thc same
vlcinity and zone, and denled to the property in questicn.
-2- RESOLUTIOPJ N0. PC76-197
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5. Thet the requested variance wilt be materlally detrlmental to the
public welfa~e or InJurious io the preperiy or improvements In such vicinity and zone
1n whith the property ts located.
6. That five (5) persons appeared, represcnting approximateTy nine ~9)
persons present at eaid publlc Rearing In opposttion; and that no correspondence was
received in opposTtlan to the sub]ect petition.
ENVIRONMENTAL tMPACT REPORT FINDING: That the Environmentat Review
Committee has determined that the proposed proJect would bc substantially Tn
conformance with the proJect prevTously approved under EIR No, 104 and
Reclassificatlon No. 73-74-25 on the subJect property. and no further ertvlronmental
assessment is necessary.
NOW, THEREFORE~ BE IT RESOLVED that the Anahelm City PlannTng Commisslon
does hereby deny subJect Petitlon for Vartance on the basls of the aforementloned
flndings.
THE fOREGOiNG RESOLUTION ls signed and approved me 11t day of
October 1976.
~ N NG~MT~ON
ATTEST;
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~~€1~tY~ , ~6fi~3i-}0 7
STATE OF CALIfORNIA )
COUNTY OF ORANGE )s~.
CITY OF ANAHEIM )
I~ Patricla B, Scanlan~ Secretary ef the Anahefm City Planning Commission.
do her~by certlfy that the foregoing resolution was passed and adopted at a meeting
of the Anaheim Ctty Planning Commisslon. held on October 11, 1976~ at 1:3~ p.m.~ by
the follow-ng vote af the members thereof:
AYES: COMMISSIONERS: BARNES, HERBST, KIt~G, MORLEY, TOLAR, JOHNSON
NOES: COMMISSIONERS: NONE
ABSENT: COHMISSIONERS: FARANO
IN WITNESS WNEREOF~ I have hereunto set my hand this llth day of October
1976.
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S~E'I~Y, h NN N MM N
-3- RESOLUTION N0. PC75-19%