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PC 85-257.~..... r . RESOLUTION N0. PC85-257 A RESULUTION OF THE ANAHEIM CYTY PLANNING COMMISSION THA1' PE'PITION FOR VARIANCE NO, 3522 gE GRAtvTED W[3EREAS, the Anaheim City Planning Commission did receive a verified Petition for 4aciance from hENT LAND COMPANY, c/o KAUrMAN & BROAA, 11601 Wilshire Boulevard, Los Angeles, California 9U025, ATTN: AMIDI VAKIL, owner of cer.tain real property situated in the City of Anaheim, County of Orange, State ~ of California described as: THOSE pORTIUNS OF LOTS 3 AND 6 OF TRACT N0. 865~ AS SHOWN ON MAP RECORDED IN BOOK 28, PAGE 18 OF MISCELLANGOUS MAPS, IN THE OFFICE OI' THE COUNTY RBCORDER OF SAID COUNTY~ AND THA:' PORTION OF THE RANCHO SANTTAGO DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN CURVE DESCRZBED IN PARCEL : 0[' THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATIOP7 DIRECTOP,'S DEED RECORDED SEPTEMBER 30, 1982 AS DOCUM.~NT NO. 82-344429~ SAID CURVE BEING CONCAVE SOUTHERLY fiAVING ~ RADZOS OF 1480.00 PEET: THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE UF 9° 33' 09", AN ARC DISTANCE OI' 249.33 FEET TO A POINT OF C~JMPOUPJD CURVE WITH A CURVE CONCAVE SOUiHWESTERi,Y HAVING A RADIUS OF 939.00 FEET, A RADIAL LINE 'tHROUGH SAID POINT BEARS NORTH 10° 52' 36' EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THRU A CENTRAL ANGLE OF S° 28' 41'i AN ARC DIaTANCE OF 89.78 FEET THENCE SOOTH 73° 38' 43" EAST~ 500.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 561.00 PEET; THF,NCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 28' S2" pN ARC DISTANCE OF 425.74 FEET TO ~ POINT OF REVERSE CUR!~E WITH A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 35.00 FEET~ RADIAL LINE THRU SAID POINT BEARS SGUTH 27° 07' 35" EAST; THENCE SOUTNEASTERLY ALONG SAID CUItVE THROUGH A CENTRAL ANGLE OF 88° 03' 12", AN ARC DZSTANCE OF 53.79 FEET; THENCE SOUTH 29° 04' 23" EAST~ 429,49 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE W~'STERT,Y u~~~?p~~ r RbDiUS OF ~u.CG 'r'c,e;T; THENCE SOUTHERLY ALONG SAZD CURVE TFikOtir,i~ A CE;NTRAL ANGLE OF 93~ Zg~ 04•, AN ARC DISTANCE nF 45.68 FEET TO A POiNT OF COMPOUND CURVE WITH A CURVE CONCAVE NORTfiWESTERI~Y HAVING A RADIUS OF 6379.32 FEET~ A RADIAL LINE THRU SAIll POINT BEARS NORTH 25° 36' 19' WRST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 32' 06'~ ~N ARC DISTAI~CE OF 170.92 FEET TO A POINT OF COMPOUND CURVE WITH A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 926,00 FEET A RADIAL LINE THROUGH SAID POINT BEARS NORTH 24° 04' 13' WEST; THENCE WESTERLY ALONG SAID CU!2~E THROUGH A CENTRAL ANGLE OF 64° 20' 44"~ AN AI;: DISTAN~E OF 1039.94 FEET; THENCE NORTH A9° 43' Zy" west, 232.28 FEET TO THE BEGIN~ING OF A TRNGENT CURVE CONCAVE SOUTH-WESTERLY FlAVIl4G A RADIUS OF I008.00 EEET; THENCE NORTHWESTERLY ALONG SAID CURVE THRU A CENTRAL ANGLE OF 51° 27' pp", AN ARC DISTT~NCE OF 905.16 FEET; THENCE SOUTH 78° 49' 31' WEST~ 1480.29 FEET; THENCG NORTH 11° 10' 29• WEST, 15,00 FEET; ='r1RNCE lVORTH 73° 45' 57' EA~T~ 430.03 FEET; THENCE NORTH 67° 33' 12" EAST, 238.00 EEET; TdENCE NORTH 73° 33' 12" EAST~ 168.D0 FEET TO THE BEGINNING OF A NON-TANGENT CURV$ CONCAVE NORTHERLY 0664r PC85-257 ~. HAVIN6 A P,ADIUS OF 8103.00 FEET~ A RADIAL LZNE THRU SAID P9IVT BEARS NORTH 6° 17' 45" WGST; THENCE EASTERLY ALONG SAID CURVE THkOUGH A CELJTRAL ANGLE AT 2° 49' 42"~ AH ARC DISTANCE OF 399.99 FEET; 'fHENCE NORTH 80° 52' 33" EAST~ 296.64 FEF.T; THENCE NORTH 85° 45' 02" EAST~ 660.06 F'EET TO THE POINT OF B'~GINNING. EXCEPTING THERE FROM THAT PORTION RESERVED FOR AN ELECTRICAL SUSSTATZON. WHEP.EAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Novembec 25, 1985, at 1:30 p.m., notice oF said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Mun.icipal Code, Chapter 18.03, to hear and con~5dec evidence for and against said proposed variance and to investigate and ;~~ake findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, doe~ find and determine the following facts: 1. That the petitioner proposes waivecs of the following to construct a commeccial shopping center: (a) SE~TIONS 18.06.OSO.C22 18.U6.U50.0221 18.06.050.0231 18.06.050.0232 1B.U6.050.0233 18.06.080 AND 18.44.066.05~ Minimum number of parkina spaces. (1,157 spaces required; 662 spaces proposed) (b) SECTIONS 18.44.063 - Minimum structural setback. AND 18.84.062.011 (l0U feel adjacent to Santa Ana Canyon Road, Weir Canyon Road and the River- side Freeway required; 20, 55 6 75 feet proposed) (c) SECTION 18.44.068 - Re4uired site screeninq. (6-foot hiqh block wa.ll adjacent to the Riverside Freeway required; 6-foot hiah chain link fence proposed) 2. That the above-mentioned waiver (a) is hereby granted on the basis that the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under the conditions imposed, if any, will not be detrimental to the p~ace, health, safety and general welfare of the citizens of the City of. Anaheim. 3. That the above-mentioned waivers (b) and (c) ace hereby granted on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundin~s which do not apply to othet identically zoned property in the same vicinity, that strict application of the Zoning Code deprives the property of privileges enjoyed by -2- PC85-257 other properties in the identical zone and classification in the vicinity, and that the rear (north) side of the buildings are located on a grade level above the freeway and will Fe scceened from the freeway by a low decorahive block wall at the top of the• slope. 4• That there are exceptional or extraordinary circumstances or ~onditions applicable to the property involved or to the intended use of the property rhat do not apply generally to the property or c.lass of use i^ the same vic.initY and zone. 5• That the requested variance is necessary foc the presetvation and enjoyment of a subst~ncial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 6• That the requested variance will not be matecially detc3mental to the public welf.are or injurious to the property or improvements in such ~icinity znd zone in which the proYerty is located. ~• That no one indicated their presence at said public hearing in opposition; and that no corcespondence was received in opposition to subject Aetition• ENVIRONMENTAL IMP~CT FINUZNG: That the Anaheim City Planning ~o~ission has reviewed the proposal to construct a commercial sho with wai~ers of minimum number of PPing center pazking spaces, minimum structural setback and reyuired site screening on a rectangularly-shaped parcel of land consisting of approximately 33 acres, located at the northwest corner of Santa Ana Canyon Road and Weir Canyon Road; an~ does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration togetP~er With any commentc received ducing the public review process and further finding on the basis of the initial study and any comments received t~~at there is no substantial evidence that the project will have a significant effect on the environment. N~W. THEREFORE, BE IT RESOLVED that the Anaheim Cit~~ P~~n~in, Cor,~i~~:on do~~ Y;ereuy y~aut sub7ect Fetition for Variance, upon the following ~onditions which are ~ereby found to be a necessary precequisite to t6e proposEd ~Se of the subject property in order to pre~erve the safetp and 9eneral welEqre of the ~itizens of the City of Anaheim: 1, That the sidewalks, curbs and/or gutters shall be repaired along Santa Ana Canyon as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the Cit•y Engineer. Z, That drainage of subjzct property sha].1 be disposed of in a mannec satis£actory to the City Engineer. 3, That subject property shall be ser~~ed by underground utilities. q, That prioc to commencement of ~tructural framing, fire hydrants shall be installed and charged as required and determined to be necessary ~Y the Chief of the Fire Department. _3 YCBS-257 tr.. . 5. That trash storag? areas shall be provided and maintained in accordance with appcoved plans on file with the Street Maintenance and Sanitation Division. 6. That all drlveways shall be ceconstructed to acccmmodate ten (10) foot cadius curb :eturns as required by the City Traf;ic Engineer. 7, That prior to the issuance of a building permit, the ~ieveloper shall post a bond in an amount and Eorm approved by the City Traffic Engineec and City Attorney to guarantee the installatinn of ttaffic signals at the inte~section of Roosevelt Road and Santa Ana Canyon Road, and at the intersection of Weir Canyon Road and Santa Ana Canyon Road. Said bond shall guarantee the centerline of said tcaffic signals prior to occupancy. g, That prior to the issuance of a building permit, final specific plan shall be submitted to ti~e Planning Commission and approved in accordance with provisions of Chapter 18.85 of the Anaheim Municipal Code, the 'PC" Planned Community Zone. 9. That the proposal shall comply with all s'_gning requirements of the CL(SC) zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 10. That, as specified in Anaheim Municipal Code Section No. 18.84.062.032, no coof-mounted equipment, whatsoever, shall be permitted. In addition, the petitioner shall submit specific plans to the Planning Department to insure that all exterior equipment• is either mounted and screened or is an integral part of the roof design. 11. Tnat the owner of subject property shall submit a letter requesting termination of Vatiance Nos. 3383 and 3109 to the Planning Department. 12. That prior to issuance of a building permit, the owner oE subject property shall pay the appropriate drainage assessment fee~ to the CiLp uL .,..ahcia~ ;.n an ar~ourL ua dc~ectnined i;y tiie CiCy Enginee[. 13. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a paccel map to record the approved division of subject pcoperty shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 14. That in the event a parcel map is recorded on subject property, a reciprocal access and parking agreement,, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded agreement shall then be submitted to the Planning Department. 15. That the owner of subject property shall p~y to tiie City of Anaheirr. a fee fot street lighting along Santa Ana Canyon Road and Weir Canyon Road in an amount as determined by the City Council. 1G. Tl~at the vel~icular access rights to Santa Ana Canyon Road except at approved access points, shall be ~9edicated t~~ the Citv cf Anaheim. -4- PC85-257 ~K:i; s~ 17. That subject property shall be devel.oped substantially in accordance with plans and specifications on file with the City of Anaheim marked EXhibit Nos. 1 thcough 4. ].8. That prior to issuance of a building permit, or within a period of one year from the date of this revolution, whicheve[ occucs first, Conditio~ Nos. 7, 8, 10, 11, 12, 15 and 16, above-mentioned, shall be complied with. Extensions for further time to complete sald conditions may be granted in accordance with Section 16.03.090 uf the Anaheim Municipal Code. 19. That p~ioc to final building and zoning inspections, Condition t~os. 1, 2. 3, 5, 6, and 17, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated ~pon applicant's coRpliance with each and all oi the conditions hereinabove set fo~th. Should any such condition, or any part theteof, be declared invalid oc unet~forceable by the final judgment of any court of competent ]urisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THB POREGOiNG RESOLUTION is signed and approved by me this 25th day of November, 1985. ~~ „ ~ t?~~: ~~.~,~, ~~ ~~ ~ ~'GZ~~ CHAIRWOMAN~ ANAHEIM CITY PLANNING COMMZSSION ATTEST: ~~ ~ ~~~ SECRETARY~ ANAHEIM CITY PLANNING COMhIISSION STATE OF CALIFORt7IA I C~UNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Hacris, Secretary of the Anaheim City Plannitt9 Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on Novert:ber 25, 1985, bY the following vote of the members theceof: AYES: COMMZSSIONERS: FRY~ HBRBST~ LA CLAIRE~ MC BURNEY~ MESSE NOES: COMMZSSIONERS: NONE ABSENT: COMMISSIONERS: BOUAS, LAWICKI ;t IN WITNESS WHEREOF, I Have hereunto set my hand this 25th day of '~ November, 1985. /J '~ l . at - /C%G:r/r/~.vy ;i; t SECRF.TARY~ ANAHEIM CITY LANNING CUMMISSZON ~,~i ( y ' ''`~ a ~` w " 1 _5_ PC85-257 " ~~:,.; J~ ~#`t' ~ ~ ,. . _ ., ~-''-'^:....,:.r,.., - _ .. - ~.~...~~ _ _._.. _. ._ ":''°°~~~ ."VS: K.-.m ~ .,.. ... . . . ' . . ~ . . ,. ,.. ~ .. . ... .