1977-271RESOLUTION NO. 77R -271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING IN PART VARIANCE NO. 2874.
WHEREAS, after a request for variance by BERNARDO M.
and MARGARET L. YORBA, owners; RON ALLEN, HIRAM A. DEFRIES and
THOMAS L. WOODRUFF, agents, was received, a public hearing before
the Planning Commission of the City of Anaheim was held upon due
and proper notice, a result of which Variance No. 2874 was granted
in part covering the following described property:
Parcel 3, as shown on a map filed in book 50, page 36
of Parcel Maps, records of said Orange County.
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a public hearing
noticed and held as prescribed by law and, as a result thereof,
the City Council does hereby rake the following findings:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or surround-
ings, which do not apply to other property under identical zoning
classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim, that a conditional zoning variance be, and
the same is hereby granted, permitting the construction of self
service gasoline pumps and an office building on the property here
inbefore described with waivers of the following sections of the
Anaheim Municipal Code:
SECTION 18.44.062.011
SECTION 18.84.062.011 Minimum building setback
from an expressway.
(100 feet required; 25 feet
proposed)
SECTION 18.84.062.012
Maximum building height.
(0 feet permitted; 13 feet
and 18 feet proposed)
Minimum building setback
from an arterial highway.
(50 feet required; 20 feet
and 16 feet proposed)
-1-
SECTION 18.84.062.0142 Minimum landscaped setback
from a residential zone.
(10 feet required; 0 feet
proposed)
That said variance be granted subject to the following conditions:
1. That this variance is granted subject to the completion
of Reclassification Nos. 64 -65 -4 and 71 -72 -7, now pending.
2. That all engineering requirements of the City of Anaheim
along Santa Ana Canyon Road and Imperial Highway, including prep-
aration of improvement plans and installation of all improvements
such as curbs and gutters, sidewalks, street grading and paving,
drainage facilities, or other appurtenant work, shall be complied
with as required by the City Engineer and in accordance with stand-
ard specifications on file in the Office of the City Engineer;
that street lighting facilities along Santa Ana Canyon Road and
Imperial Highway shall be installed as required by the Director of
Public Works and in accordance with standard plans and specifica-
tions on file in the Office of the Director of Public Utilities;
and that a bond, certificate of deposit, letter of credit, or cash,
in an amount and form satisfactory to the City of Anaheim, shall
be posted with the City to guarantee the installation of the above
mentioned requirements.
3. That trash storage areas shall be provided in accordance
with approved plans on file with the Office of the Director of Pub-
lic Works.
4. That appropriate water assessment fees, as determined by
the Director of Public Utilities, shall be paid to the City of
Anaheim prior to the issuance of a building permit.
5. That Variance 2926 shall be terminated and the existing
integrated tract sign shall be removed prior to issuance of an oc-
cupancy permit.
6. That the proposed development shall comply with all sign-
ing requirements of the Scenic Corridor Zone Overlay, as stipulated
to by the petitioner.
7. That no median cut shall be made on Imperial Highway.
8. That precise landscaping plans shall be submitted for
Planning Commission review and approval, as stipulated to by the
petitioner.
9. That the landscaping in the right -of -way adjacent to
Santa Ana Canyon Road and Imperial Highway shall be maintained in
perpetuity by the property owner(s), as stipulated to by the peti-
tioner; and that a written agreement for said perpetual mainten-
ance shall be submitted to the City Attorney's Office for review
and approval and then filed and recorded in the Office of the
Orange County Recorder prior to the issuance of a building permit.
-2-
10. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No. 2 of Exhibit Nos. 1, 2 and 3, which
plans provide a 50 -foot landscaped setback from Santa Ana Canyon
Road.
11. That Condition Nos. 1, 2, 5 and 8, above- mentioned, shall
be complied with prior to the commencement of the activity author-
ized under this resolution, or prior to the time that the building
permit is issued, or within a period of one year from date hereof,
whichever occurs first, or such further time as the Planning Commis-
sion or City Council may grant.
12. That Condition Nos. 3, 6, 7 and 10, above- mentioned, shall
be complied with prior to final building and zoning inspections.
13. That no medical offices, medical laboratories or related
uses, or any commercial retail uses or other commercial uses having
parking requirements exceeding the number of spaces provided for
the proposed office buildings, shall be permitted as tenants of the
proposed office structures, as stipulated to by the petitioner.
BE IT FURTHER RESOLVED that the City Council hereby re-
serves the right to revoke such variance permit for good cause or
failure of said owners, their successors or assigns to comply with
the Anaheim Municipal Code unless otherwise specified herein.
THE FOREGOING RESOLUTION is approved and signed by me
this 19th day of April, 1977.
ATTEST:
JLW:fm
CITY CLERK OF T E CITY OF ANAHEIM
Y OF THE CIT •F ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing Resolution No. 77R -271 was introduced and adopted at a
regular meeting provided by law, of the City Council of the City of
Anaheim held on the 19th day of April, 1977, by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
TEMPORARILY ABSENT: COUNCIL MEMBERS: Seymour
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and
signed said Resolution No. 77R -271 on the 19th day of April, 1977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Anaheim this 19th day of April, 1977.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original of Resolution No. 77R -271 duly passed and
adopted by the Anaheim City Council on April 19, 1977.
CITY CLERK