1977-603RESOLUTION ADO. 77R -603
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AMAHEIIT GRANTING VARIANCE NO. 2948.
WHEREAS, after a request for variance by CANYON
PLAZA SHOPPINNNG CENTER, owner; BOB HAUGAARD, agent, was
received, a public hearing before the Planning Commission
of the City of Anaheim was held upon due and proper notice
as a result of which Variance No. 2948 was granted, in
part, covering the following: described property:
That portion of Lot 3 of the Dominguez Estate,
in the City of Anaheim, County of Orange, State
of California, as shown on a map filed in book
2, page 15 of Record of Surveys in the office
of the County Recorder of said County, described
as follows:
Commencing at a point in the centerline of
Placentia -Yorba Road, as shown on plans entitled
"Plan and Profile of Placentia -Yorba Road on
file in the office of the County Surveyor of
said county, distant thereon North 0 23' 36"
East, 384.41 feet from its intersection with the
centerline of Santa Ana Canyon Road, 60.00 feet
wide, as shown on a map on file in said office
of the County Surveyor; thence South 83° 46' 57"
East, 230.68 feet to the West line of that certain
parcel of land described in deed to the State of
California recorded January 23, 1953, in book
2441, page 84 of Official Records in said office;
thence North 65 02' 06" East, 202.77 feet to the
true point of beginning; thence North 86° 2.5'
25" East, 160.31 feet; thence North 71 12' 00"
East, 116.09 feet to the Southerly corner of that
certain parcel of land described in deed (State
Parcel C2577) recorded February 27, 1969 in book
8885, page 577 of Official Records, in said office;
thence along the Easterly line of said Lot 3,
South 0 32' 18" West, 609.26 feet to a point in
the Northerly line of the Santa Ana Valley
Irrigation Company Canal right -of -way, the center-
line of which is shown on map filed in book 4,
pages 44 to 50 inclusive, of Record of Surveys,
in said office, said point being on a curve
concave Northerly and having a radius of 813.20
feet; thence from a tangent bearing, South 84°
20' 31" West, Westerly along said curve through
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an angle of 22 40' 42 an arc distance of
323.65 feet to the Southerly terminus of the
Easterly line shown as "South 1" 50' 03" West,
257.d0 feet" in Parcel 2 of that portion of
Imperial Highway relinauished to the City of
Anaheim (Re1 -820) by resolution of the California
Highway Commission a certified copy of which
resolution is recorded in book 10969, page 47
of said Official Records and as shown on map
recorded May 23, 1973 in book 9, page 9, of State
Highway daps, in said office; thence along said
Easterly line of Imperial Highway North 1 50'
03" East, 257.40 feet; thence North 9 55' 32"
East, 276.46 feet to the true point of beginning.
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 make the following
findings:
1. That there are special circumstances applicable to
the property, including size, shape, topography,
location or surroundings, which do not apply to
other property under identical zoning classifica-
tion 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 classifica-
tion 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 a commercial building on the property here
inbefore described with waivers of the following sections
of the Anaheim Municipal Code:
SECTTION 1cs.d4.06'.014 Required landscaped berm.
(3 -foot high landscaped
berm required; none proposed)
SECTION 10.d4.062.030 Maximum structural height.
(35 feet permitted; 51 feet
proposed)
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That said variance be granted, subject to the following
conditions:
1. That all engineering recuirements of the City
of Anaheim along Santa Ana Canyon Road, including preparation
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 standard plans and specifications on file in
the Office of the City Engineer; that street lighting;
facilities along Santa Ana Canyon Road shall be installed as
required by the Director of Public Utilities, and in accordance
with standard specifications on file in the Office of the
Director of Public Utilities; and /or 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.
2. That the above improvements shall be required
to be constructed at such time as the ADT on Santa Ana Canyon
Road shall reach 25,000 vehicles.
3. That the property owner(s) shall proportion-
ately, on the basis of acreage, participate in the costs of
furnishing and installing a traffic signal at the intersection
of Santa Ana Canyon Road and Via Cortez, said participation
to be 21% of the total cost and amounting to 18,400,
and said amount shall be paid prior to the issuance of
building permits.
4. That the existing illegal antenna located on
the shopping center be removed at the time of the request by
the Zoning Enforcement Officer or prior to the issuance of
building permits, whichever occurs first.
5. That a bus bay (8 feet x 80 feet) shall be
built -in on the Imperial Highway right -of -way per Traffic
Engineer and Orange County Transit District requirements.
6. That there shall be no vehicular access to
Imperial Highway from subject property.
7. That prior to issuance of building permits,
the property owner(s) shall submit to the Planning Commission
for review and approval a revised site plan specifying on-
site vehicular circulation providing adequate two -way access
between the three parcels located south of the Riverside
Freeway, west of Via Cortez, north of Santa Ana Canyon Road
and east of Imperial Highway, and the two approved access
points on Santa Ana Canyon Road.
8. That a perpetual maintenance agreement shall
be submitted to the City Attorney's Office for review and
approval and then be filed and recorded in the office of
the Orange County Recorder, said agreement being for the
maintenance of landscaping in the public right -of -way
adjacent to the proposed 14-foot wide landscaped setback
adjacent to Santa Ana Canyon Road and Imperial Highway, as
stipulated to by the petitioner.
9. That subject property shall be developed
substantially in accordance with plans and specifications on
file with the City of Anaheim marked Exhibit Nos. 1 and 2.
10. That Condition Nos. 1, 2, 5, 8 and 9, above
mentioned, shall be complied with prior to final building
and zoning inspections.
E IT rURTI.171 RESOLVi:D that the City Council hereby
reserves the right to revoke such variance permit for good
cause or failure of said owner, its successors or assigns to
comply with the Anaheim Municipal Code and regulations and
the conditions herein. Said variance is granted for the term
prescribed by the Anaheim ?unicipal Code unless otherwise speci-
fied herein.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 6th day of
September 1977.
ATTEST:
CITY CLERK O F Ti.l±�; C�� T OF ANAHEIM
JL?a': jh
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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 -603 bias introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of September, 1977, by the following vote of the 'Members thereof:
AYES:' COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: 'COUNCIL MEMBERS: Nond
ABSTAINED: COUNCIL MEMBERS: Seymour
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 77R -603 on the 6th day of September, 1977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of September, 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 -603 duly passed and adopted
by the Anaheim City Council on September 6, 1977.