PC 79-182RESOLUTION N0. PC 79-182
A RESOLUTION OF THE ANANEIM CITY PLANNINf LONl415510N
THAT PETITION FOR VARIANCE N0. 3109 BE GRANTEO
WHERERS, the Anaheim C(ty Planning Commission did receive a verifted
Petition for Variance from fiA6El J. BAUER and UNITED CALIFORIIIA BANK, 707 Wilshire
Boulevard, Los Anoeles~ California 90051, rnvner, and KEI~T LAND COMPAI~Y, 18902 Bardeen
Way, Irvine, Lalifornia 92714, agent, of certaln real property situated In the City
of Anaheim, County of Orange, State of CalTfornla described as:
PARCEL 2: That portion of Lot b of Tract 855, as per map recorded
in book 28, page 18 of Miscellaneous Maps, records of Orange
County, Californta, together with that portion of the land alloted
to Manuel Feliz and wife, as described in the Final Decree of
Partition of thc. Rancho Santtago de Santa Ana, which was entered
SPptember 12, 1868, in book "B", page 410 of Judgme~ts of District
Court of the ~7th Judiclal DistricC in and for Los Angeles County,
California, all in the Lounty of Orange, State of California
described as follows: Be9inning at the Northerly termi~us of
course No. 2~, as described tn ihe final Order of Condemnacton,
Case 1l0. 16601?, a cer[ifled copy of which was recorded October
14, 1970, in book ?431, page 61~. of Official Records, as having a
bearing and distance of North 29° 04' 13" West 140.00 fee[;
thence South 60° 55'47" uest 85.00 feet to [he True Point of
8eginning; thence South 60~ 55' 1+7" West 115.00 feet to the
beginning of a curve concave Northeasterly having a radius of
810.00 feet; thence t~orthwesterly 98Q.;0 feet a~ong sa~~ curve
through a central angle of 6?0 20' 32"; thence Tlorth 4qO ~~' 41"
West 361.57 feet to the beginning of a curve concave Southwesterly
having a radius of 890 feet; thence Northwesterly 57~.4~ feet
along said curve through a central angle of ;7° 14' 23" to a poin[
on a non-tangen[ line a radial to said potnt bears South 03° O1'
56" West; thence Morth 81° 52' 12" East 470.28 feet to a point on
a non-tangent curve concave Southwesterly having a radius of
700.00 feet a radial to said polnt bears Nor[h 04° 15' 10" West;
thence Southeasterly 355.39 feet along said curve through a
central angle of 2q° 05' 21"; thence South G5~ 09' l~9" East 253.58
feet to the beginning of a curve concave tlortheasterly having a
radi~~s of 600.00 fee[; [hence Easterly 564.61 feet alr,ng said
curve through a central angle of 53° 54' 24'"; thence tlorth 60°
55' 47" East 15•00 feet; thence South 29° 04' 13" East 450.00 feet
to the True Point of Beglnning.
WfIEREAS, the City Planning Commission dtd hold a public heartng at the City
Hall in the City of Anaheim o~ September 10. 1979. at 1:3Q p.m., no[ice af said
public hearing havtng been duly gTven as required by law and i~ accardance with the
provisions of [he Anaheim Munictpal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to lnvestiga[e ar.d make ftndings
and recommendations in connection therewith; and
PC79-182
ti?
WtiEREAS. said Commissio~, after due inspection, investtgation and study made
by itself and in its behalf, and after due consideration of all evtdence and reports
offered at said hearing. does flnd and determine the following facts:
1. That the pewi[ioner proposes a waiver of the following to construct a
shopping center:
SECTIO~~ 18.84.062.011 - Minlmun setback from a scenlc hl hwa .
00 eet requ red;
32 and 84 feet proposed)
2. That the ab~ve-mentioned waiver is hereby granted on the basts that the
petitioner demonstrated thaC a hardship exists due to the unusual shape of the
property which is trfangular and has a dep[h decreasing from approxmiately 460 feet
to 0 maki~g the narrowest portion undevelopabie wlthout the walver.
3. Tha[ there are Facceptional or extraordinary circumstances or conditions
applicable to the property involved or to the in[ended use of the property that do
not appiy generally to the property or class of use in the same vicinity and zone.
4. That the requested variance is necessary for the preservation and
enjoyment of a substantial property rTght possessed by other proper[y in the same
vicinity and zone, and denied to the property in ques:lon.
5. That the requested variance Nill not be matertally detrimental to the
publlc welfare or injurious [o the property or improvements in such vicinity a~d zone
in whTch the property ts located.
6. That no one indicated their presence at said public hearing in
opposftion; and that no correspondence was received in appositlon to the subJect
petition.
ENVIRO"IMEClTAL IMPAC7 FIHDI~iG: That the Anahaim City Planning Commission has
reviewed [he proposa to constr~ct a shopping center wi[h waiver of minimum setback
From a scenic highway on an irregularly-shaped parcel of land censisting of
approximately 16.1 acres located at the northwest corner of Santa Ana Canyon Road and
Wetr Canyon Roady having a frantage of approxtmately 2350 square feet on the north
side of Sarita Ana Canyon Road and a frontage of 46~ fee[ on the west side of Weir
Canyon Road; and does hereby approve the ~legative Declaration from the requirement
to prepare an envi-onmental impact report on the basis :hat there would be no
significant individual or cumula[ive adverse environmental impact due Lo the approval
of this Negattve Declaration since the Anaheim General Plan designates the subject
property for general cormercial land uses commensurate with the proposal; that no
sensitive environmental impacts are involved (n the proposal; that the Initial Study
submltted by the petitioner lndicates no slgnificant lndividual or cunulative
adverse envlronmental Tmpacts; and that the Negative Declaration substantiating the
foregotng findings is on file in the City of Anahelm Planning Department.
NON~ THEREFORE, f3E IT RESOLVED that the Anaheim City Planning CommTssion
dces hereby grant subJect PetTtio~ for Varlance, upon the following conditions whlch
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 Citlzens of the
City of Anaheim:
-2- PC79-t82
1. That the awner(s) of subJect property shall deed to the City of Anahelm
a strip of land 148 feet In width from the ccnterline of [he street along Santa Ana
Canyon Road on an alignment to be approved by the City Engineer for street widening
purposes.
2. That alt engineering requiremen[s of tho City of Anaheim along Santa
Ana Canyon Road and uelr Canyon Road including preparatlon of improvement plans and
installatlon of all improvements such as curbs and gu[ters, sidewaiks, sireet grading
and paving, drainage faciliCfes or other appurtenant ~vork, shall be complied wtth as
required by the City Engineer and in accordance with standard plans and
specificattons on filc in the Office of the City Engtneer; that street lighting
facilities along Santa Ana Canyon Road and Weir Canyon Road shall be installed as
required by the Office of Utilities General Manager, and in accordance with
specificattons on file in the Office of the Offtce of Utillties General Manager;
and/or that a bond, certificate of deposii, letter of credit, or cash, in an amount
a~d form satisfactory to the City of Anaheim shali be posted with the City to
guarantee the instailation of the above-mentioned requirements prtor to occupancy.
~, That the vehicular access rlghts, except at approved access point
to Santa Ana Canyon Road and Heir Canyon Road shall be dedtcated to the City of Anaheim.
4, That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public uorks.
5. That fire hydrants shall be installed and charged as required a~d
determined to be necessary by the Chief of the Fire Departmen[ prior to commencemen[
of structural framing.
6. That subJect property shall bc served by underground utilities.
7. That drainage of said property shall be disposed of tn a manner
satisfactory to the Ci~y Engineer. If, in the preparation of the site, sufficient
grading is required to necessJta[e a grading permSt, no r:or~ on grading r~il1 4e
permitted between October 15th and April 15th unless all required off-site drainage
factlities have been installed and are operative. Posittve assurance shall be
provided the City that such drainage facilities w111 be completed prior to October
iSth. t~ecessary right-of-way for off-stte dratnaqe factllties shall b~ dedicated to
the City, or the City Council shall have (nittated condemnation proceedtngs [herefor
(the costs of which shall be borne by the developer) prlor to the cortmencemeni of
grading operations. The requlrr:d dratnage facilitles shail be of a size and type
sufficient to carry runoff waters originating from h(gher properties through said
property to ultimate disposal as approved by the Ctty Engineer. Sald drainaoe
facilities shall be tt~e ffrst Item of constructlon and shall be completed and be
functional throughout the tract and from th,: downstream boundary of the property to
the ultimate point of disposal prior t~ the tssuance of any flnal butlding
inspections or occupancy permits. Orainage dtstrict reimbursement agreements may be
made avallable to Lhe developers of sald property upon thcir requesi.
S. That grading. excavation. and all othcr construction acttvitics sha11
be conducted In such a manner so as to minimize the possibili[y of any sili
originating from this proJect being carrled in[o the Santa Ana P.Iver by storm water
orlglnating from or flarTng through this proJect.
-3- PC79-187
g. In the event that subJect property is to bc dTvfded for the purpose of
sale. lease, or financing. a parcel map. to record the approved divtsion of subJect
property shall be submttted to and approved by thc City of Anaheim and then be
recorded in the offlce of the Orange County Recorder.
10. That reasonable landscaping, including irrTgation facllities shall be
installed in the medlan and the parkways portlon ofSanta Ana Canyon Road right-of-way
in accordance with the requirements of the Superintendent of Parkway HaTntenance.
FollavTng installation and acceptance, the City of Anaheim may assume the
responsibility for maintenance of satd landscaping. The City Council reserves the
right to delete or amend the assumptton of landscaped maintenance in the event
Councit poltcy changes.
11. That minimum 20-foot wide landscaoed areas shall be provided adjacent
to all property lines including those porttons of subJect property which abut the
Riverslde Freeway.
12. That the design of all deceleration turn lands and vehicular accessways
to su6ject propercy from the Santa Canyon P,oad shall be submitted to and approved
by the Traffic [ngineer.
13, That the tocation of all vehicular access~•iays to subject property fram
Santa Ana Canyon Road shall be substantially in conformance alth plans and
specifications on file witii the City of Anahetm marked Exhibtt 1.
1~+. That traffic sionals located adjacent to su6ject property in Santa Ana
Ca~yon Road and Welr Canyon Road, shall be installed tn a manner and at a time
satisfactory to the Trafftc Engineer.
15. Thai the proposed cw~mercial uses shall comply with all signing
requlrements of the CL(SL) Zone, unless a variance approving otherrrise is granted by
the Ptanning Commission or City Louncil.
16. That suEJect property shalt be developed substan[tally in accordance
with plens and specificattons on file wtth the City of Anaheim marked Exhibit Nos. 1
and 2.
17. That Condition Nos. 1, 2, 3~ and 12, above-mentioned, snail be cociplied
wlth prior to the cortmencement of the activity authorized under this resolution, or
prior to the time that the building permlt is issucd, or within a pertod of one y~ar
from date hereof, whlchever occurs ftrst. or such further time as the Pla~ning
Ccmunission may grant.
18. That Condition Nos, G, 6. 7, 10, il, 13, 14. 15 and 16, above-
mentioned, shall be complied with prlor to flnal building and zoning inspectlons.
BE iT FURTNER RESOLVED that ihe Anahcim Clty Planning Conanisston does hereby
find and determtne that adoption of thls Resolution is expressly predicated upon
applicant's cempliance wtth each and all of the conditions hereinabave set forth.
Should any such condltlon. or any part thereof. be declared invalid or unenforceable
by the finai Judgment of any court of competent JurTsdiction, then this Resolution.
and any approvals hereln contalned. shall be deemed null and vold.
-4- PC79-t82
1
i ` ..l
, THE FOREGOING RESOlUTION Is signed and approved by me this lOth day of
September, 1979.
GHA 1 RMAN. AN~.A M~ C I TY PLANR NG COMM I~~ON
ATTEST:
~~f.LG~C. ~(
SECRE7ARY~ ANAHEIM CITY LAN~lI~IG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edith L. Harris~ Secretary of the Anaheim CTty Planning Commission, do
hereby certlfy that [he foregoing resolution was passed and adopted at a meeting of
the Anaheim Lity Planning Commisslon held on September 10, i°79. by the followTng
vote of the members thereof:
AYES: C011MISSIONERS: BAR~7E5~ BUSHORE. DAVID, FRY, HERBST, KING, TO~R
NOES: COMMISSIO~IERS: HONE
AE35ENT: COM~415510?7ERS: NONE
IN WITNESS WHEREOF, i have hereunto set my hand thTs 1^th day of September~
1979.
`~.~ ~.° ~~
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
-5- PC79-182