PC 76-163~ ~
RESOLUTION ~10, ?C76-163
A RESOLUTION OF THE ANAHEIM CITY PLI\N~71NG CQMMISSI~~I
THAT P6TITION FOR VARIANCE N0. 2836 BE fRANTED.
IJHEREAS~ the Anaheim City Planning Commission d(d receive a verlfied
Petition for Variance from IMPERIAL PROPERTIES, 329 V'ta Lido Soud, Newport Beach~
California 92660 (Owner) ROBERT D. HAUGAAF.D, JR., 1$1 5. Los Robles, ~asadena,
Lalifornia 91101 (Agent) of certain real property sttuated in the City of Anaheim~
County of Orange~ State of California described as:
That portion of Lot 4 of the Dominguez Estate as shown on a Licensed Surveyor's
Map filed in book 2, page 15 of Record of Surveys in the affice of the County
Recorder of Or~nge County, California, described as follows:
Beginning at the Southwesterly corner of 7ract Plo. 7li70 as shown on a Map
recorded in book 326~ pages 18, 1g and 20 of Miscellaneous Maps, records of said
Orange Caunty, being a point on the Northwesterly line of the Santa Ana Valley
Irri9ation Company as described in deed recorded March 7, 1940 in book 1033, page
362 of Official Records; thence along said Nortnwesterly linc~ South it~° 1~' 35"
West 5~7.09 ~eet, North 15° 49' 25" West 3.00 feet and South 7~s° 1Q' 35" West
29$•59 feet to the Southwesterly corner of the land describec.l in deed to W. F.
Gleason and o~ife recorded May 22, 1951 ~tn book 2191, page 226 c•f satd Official
Records, being the True Point of Beginning; thence conti.°.uing alona said
Northwesterly line South 7~i° 10' 35" West 715.09 feet to the beginning of a
tangent curve concave Northnrly having a radius of 81£i,20 feet, and Westerly
along said curve through a central angle of 09° 21' i4" an arc distance of 133.58
feet to a point on the !Jesterly line of said Lot 4, a radial line of said curve
passing through satd point bears South 06° 28' 11" East; thence along said
Westerly line North 0° 16' 25" West 609.25 feet to the Southwesterly corner of
the land described in deed to the State of California recorded February 27, 196q
in book 8885, page 577 of said Official Records; thence along the
Southeasterly line of sald last r~entloned land North 70° 23' 17" East 132.19
feet, Pdorth 6Q° 52' Gi" East 139.71 feet and North 56° 00~ 53" East 179.51 feet
to the Northeasterly line of said Lot 4; thence along said Northeasterly line
South 81° 34' 25" East 125.13 feet, South 50° 3~+' 25" East 132.~~ feet, and South
65° 19' 25" East 11E2.68 feet to the Northwesterly corner of said land of W. F.
Gleason; thence along the Westerly line of saic~ last mentioned land South b3° 22'
25" East 464.60 feet to the True Point of Be3inning.
WHEREAS, the Lity Planning Commission did hoid a public hearing at the City
!iall in the City of Anaheim on August 3~, 1976~ at l:3n p.m.. notice of said public
hearing having been duly given as required by law and in accordance wtth the
provisions of the Anaheim Municipal Code, Chapter 1~1,03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations tn connection therewith; and
WHEREAS, said Lommisston, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration af ail evidence and reports
offiered at sa(d hearing, does find and determtne the following facts:
1. That the petttioner proposes the following waiver from the Anahefm
Municipal Code, in conneetion with the development of a shopping center ln the CL(SC)
(COMMERCIAL, LIMITED - SCENIC CORRIDOR OVEP,LAY) ZONE:
SECTION 18,8~4.062,O1h - Requlred tandscaped berm. (3~foot hi h
landscaped berm reyutred; none proposed
2. That the above-mentianed waivar is hereby granted on the basTs that the
subJect property has a grade differentlal of app~oximately five feet below Santa Ana
Canyon Road from the parking area to the top of the landscaped siope and,
furthermore, the petitioner stipulated to perpetuatiy maintalning the landscaping
area within the public right-of-way and adJacen[ to the 14-foot ~ride landscaped
setback on the subJect properiy.
3. That the petittoner stipulated to submitting landscaping pians for
Plannin9 Commtssion review and approval, satd plans to specify the size, species~
spacing and location of the plants and trees; and the Planning Cortimission specifled
that satd landscaping should be dem~,~ and mature~ providing an effective landscapinq
buffer along Santa Ana Canyon Road in the scentc corridor.
RE50LUTION N0. PC76-163
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4. That the petltioner stipulated to submttting a perpetual maintenance
agreement to the City Attorney's office for approval, said agreement to be filed artd
recorded with the Orange County Recorder's office for the maintenance of the
landscapi~g in public ri9ht-of-way adJ~acent to the landscaped setback on the >ubJe~:t
property.
5. Tfiat there ar~ exceptional or extraordinary circumstances or condtttons
applicable to the property involved or to the intended use of the property that do
not apply generally ta the property or class of use in the same vicinity and zone.
G. That the requested variante is necessary for the preservation and
enJoyment of a substantial property right posses5ed by other property in the same
vicinity and zone, and denied to the properiy in ~;uestion.
7. That th~ requested variance will not be materially detrtmental to ttie
public welfare or inJurious to the property or improvements Sn such vicinity and zone
in which the property is locate~.
$. That onP (i) person appeared ar said public hearing tn opposition and
one (t) person appeared in favor of the subJect petition; and no correspondence was
received in opposition to subject petition.
ENVIRONMENTAL IMPACT RE°ORT FINDING: ThaY the Director of the Planning
Department has determined that the proposed activity falls within the definition of
Section 3.01, ~lass 4, of the City of Anaheim Guideltnes to the Requirements for an
Environmental ImpaGt Report and is, th~refore, categorically exempt from the
reyuirement to file an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Ptanr.ing Ca~miission
does hereby grant subJect Petition for Variance, upon the foltowing conditions which
are hereby found to be a necessary prerequisite to the proposed use of the sub.)ect
property in order to preserve the safety and 9ener~l welfare of the Cltizens of the
City of Anaheim:
1. That appropriate water assessment fees as defermined by the Director of
Public Utilities shall be paid to the City of Anaheim prior to th~ issuance of a
building permit.
2. 7hat landscaping plans shall be submitted for Planning Commisison
review and approval, said plans to specify the siz~~ species, spacing, and ~tocation
of the plants and trees, and inciuding aporopriate irrigation facilities, and said
landscaping to be dense and mature, as stipulated to by the petitioner. Thts
condition shall be complied with Grior to final building and zoning inspectlons of
the commercial shopping center currently under construction.
3. That a perpetual maintenance agreement shall be submitted to the City
Attorney's Office for approval and then be filed and recorded in the Office of the
Orange County Record.er, said agreement being for the maintenance of landscaptng in
the public right-of-way adJacent to the proposed 14-foot wide landscaped str?p of
land located adJacent r,o Santa Ana Canyon Road, as stipu'ated to by the petitioner.
This condition shall be complied with prlor to final huilding and zontng inspections.
4. That subJect property shalt be developed substantially in ~ccordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. i
and 2.
THE FOREGOING RESOLUTION is stgned
Aug~~~t, 1976.
ATTEST:
~ • TY PLANNING COMM SSION
SECRETARY~ AN HEIM CI I
and approved y me this 3~th day of
CHAIRHAN, ANAHE CITY LANNING COMMISSION
_Z_ ' RESOLUTION N0. PC76-163
.. ~ ~
STATE OF CALIFORNIA 1
COUNTY OF ORAtlGE )ss.
CITY OF ANAHEIM )
I~ Patrtcia B. Scanlan, Secretary of the Anahetm City Planning Canmission,
do hereby cartify that ~he foregoing resolution was passed and adopted at a meeti~g
of the qnaheim City Planning Cor.imission~ held on August 3~. 1970, at t:3~ p.m., by
tfie following vote of the members thercof:
AYES: COMMISSIONERS: BARNES~ FARANO, HERBST, KING, TQLAR, JONNSON
MOES: COHMISSIOPJERS: NONE
ABSENT: COMMISSIONERS: MORLEY
IN WITNE55 WHEREOf, I have hereunto set my hand thts 30th day of August 1976.
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SECREfAR~ ANAH IM CIT PLANNIN6 COMMI~QH
~3~ . RESOLUTION N0. PC76-163