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PC 76-81~ RESnLUTION N0. PC76-81 U A RESOLU710N OF THE ANANEIM CITY PLANNINf; COMMISSION THAT PE7ITION FOR VARIANCE N0. 2802 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did reeeive a verified Petition for Variance from IMPERIAL PROPERTIES, 2~1 Via Qutto, Newport P,each, California 92660 (Owner); ROBERT D. HAUCAARO, JR., 131 5. Los Robles, Pasarlena, California 91101 (Agent) of certain real property situated in the City of Anaheim, Coi~nty of Orange, State of California described as: That portton of Lot 4 of the Dominguez Estate as shavn on a Licensed Survey~r's 4ip filed in book 2, page 15 of Record of Surveys in the office of the County Recorder of Orange County, California, described as follows: Beginning at the Southwesterly corner of Tract No. 747n as shown on a Mar recorded in book 3zfi, pages 13, 19 and 20 of Miscellaneous Maps, records of said Orange County, being a point on the Northwesterly line of the Santa Ana Valley Irrigation Company as described in deed recorded March 7, 194n in hook 1!13'i, page 362 of Official Records; thence along said Morthwesterly line South 7G° 1~' 35" West 507.09 feet, North 15° 49' 25" West 3.0~ feet and South 74° 1~' 35" 1Jest 298.59 feet to the Southwesterly corner of the land described in ~feed to W. F, Gleason and wife recorded May 22, 1951 in book 2191, page 225 of sai~i Official Records, being the True Point of Beginning; thence continuing along said Northwesterly line South 71t° 10' 3~' West 715.~~ feet to the beginnin~ of a tangent curve concave Northerly having a radius of 813.20 feet, and Westerly along said curve through a central angle of Q9° 21~ 14" an arc distance of 133.5p feet to a point on the Westerly llne of said !ot 4, a radial line of sai~i curvr. passing through said point bears South O6° 2A' 11" East; thence along saicl Westerly ltne North 0° 16' 25" West 6Q9.2S feet to the Southoiesterly corner of the land described in deed [o the State of California recorded February 27, 1^F9 in book 8885, page 577 of said Official Records; thenae along the Southeast~rly line of said last mentioned land North 70° 23' 17" East 132.19 feet, t~orth ~~° 52' 01'~ East 189.71 feet and North 5~° ~~~ 53" East 179.51 feet to the Northeasterly line of said Lot 4; thPnce along said Northeasterly line South 81° 34' 25" East 125.13 feet, South 50° 34' 2>" East 132.Q~ feet, and South 65° 19' 7.5" East 142.68 feet to the Northwesterly corner of said land of W. F. Gleason; thencP along the Westerly line of said last mentioned land South (13° z2' 25" East ~~~4,~n feet to the True Point of Beginning. WHEREAS~ the City Planning f,ommission did hold a public hearing at the C'ity Nall in the City of Anaheim on April 2fi, 1976, at 1:3~ p.m., notice of said ouhlic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connec*_ton therewith; and WNEREAS, said Commission, after due inspecYion, investigation and study madP by itself and i~ its behalf, and after due consideraeton of all evtdence and rep~rts offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes the following waiver from the Anaheim Hunicipal Code, to construct two (2) commercial buildings in a planned unit shnppina center in the CL(SCj (COMMERCIAL, LIMITED ~ SCENIC CORRIDOR OVERLAY) ZONE: SECTION i8.34.~G7.Q11 - Minimum structural setback adjacent t~ an _ex_ pre~sswa lOn eet required; 3Q and 3~feet proposed) 2. That the above-mentl~ned watver is here6y g~anted on the b~sis that a similar waiver was previously granted for development in the Scentc Corridor, and adequate landscaping is provided adJacent to the right-of-way, thereby minimizing th~ potential impact of the Nroposed structures and the maJor parking areas on the passing vehicles. 3. That there are exceptional or ~~xtraordinary circumstances or conditions applicable to the property involved o:- to the intPnded use of the property that do not apply generally to the property or class of use in the same vicinity an~i zone. RESOLIITION N0. PC7h-?1 ~ ~ 4. That the requestert variance is necessary for the preservatinn anA enJoyment of a substantial property right possessed by other nroperty in thP same vicinity and zone, and dented to the property in questlon. 5, That Che requested variance will not he materially detriment~l to the public welfare or inJurious to the property or impr~vemPnts in such vicinity and ~nnr. in which the property is located. 6. That the Planning Commission does herehy determine that the street improvements, and speci`icaliy the medians, in Via CortPZ shall he revier~ed hy the Traffic Engineer for possil~le modification to insure smooth fl~~r of triffic nn sai~t street. 7, That the Pla~ning Commission does hereby determine that the prnnerties whicli would be served by the tra~fic signal at the intPrsection of SanCa Ana Canynn Road and Via Cortez sfiould participate in the costs for said si~nali»tinn nr. an acreage basis; and that the Traffic Engineer lias estimate~i the current tot~~l c~sts for said signalization to be S40,Onn which costs ~~ould be proportionately distrihuted as follows for a total of approximatPly 3`.? acres of land which are er.pected to benefit by subject signalization: a, 14 acre suhject prnperty O~aner: linperial Properties 35ti . St4,onn b. R acre parcel to the west of subJect pr~perty Ovmer: Free~aay Commerci~l Properties, Inc. 21~; • $3,~i~0 c. 8 acre parcel to the north of suhject prnpPrty Owner: freeway surplus right-of-way 21~ : $8,4no d. 9 acre parcel to the east of suhJect propPrty Owner: Hazel I. 11aag 23~; : S9~2oo II. That one (1) person appeared at said puhlic hearing in opnosition an~1 the opposing comments were directed toward the EIR t~egative Declaration an~1 f~vnrinn preparation of an Envtronmental Impaet Report; and no corrPSO~ndence aias receivP~i in opposition to siabJect petition. ENVIROWHENTAL IMPACT REPORT FIPl~IPl~; That the Anaheim City Plannin9 Comnission does hereby recommend to the Lity Council that the subJect project be exempt from the requirement to ~rroare an environmental impact report, pursuant to the provtsions of the Californta Environmental luality Act. ~JOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plan~ing Commission does hereby grant subject Petition for Variance, upon thr. follrnvin~ c~nditions which are hereby foi~nd to be a necessary prerequisite to the prnposed use of the S~1F~jP.CL property in order to preserve the safety and general welfare of the C1tiz~ns of the City of Anaheim: 1. That the property oo-mer(s) shall orororti~nately, on thP basis of acrea9e, participate in the costs of furnishing and installing a traffic si~nal at the intersection of Santa Ana Canyon Roa~ and Via Cortez, said participati~n t~ hP 35~ of the total cost ($4~,bQ~) and amountir,g to S14,OC0, and said amount sl~ill he paid prior to the issuance of building permits. 2. That subJect property shall be devalope~i su5tanttally in acr.~r~iancr. with plans and specifications on file with tne City ~f An:~heim marl:ed ~xhihit ~~ns. 1, 2, 3, 4, S, 6, and 7. -2_ RESOLUTI~N M0. PC7F~-Pi ~ ~ THE FOREGOlRG RESOLUTION is signed and approved by me this 2Fith day of April, 197G. ~/ ~ CHAIRNA , APIAHEIM CITY PLAN~dING CnN'11551~~~ ATTEST: ~ • i~v / ~~ y ~Q'is f/ CRETARY, AIlA~HE~M C TY PLANNINf, COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORAPJGE )ss. CIT'f OF ANAt1Eit1 ) I, Patricia B. Scanlan, Secretary of the City Plannin9 Cor~missi~n nf the City of' Anaheim, do hereby certify that the f~regoi~g resolution was passed and adopted at a meeting af the City Planning Commission of the City of Anaheim, he1~1 ~~ April 26, 1976, at 1:30 p.m., by the following vote of the memhers thereof: AYES: COMMISSIOtJERS: RARNES, HERP.ST, ICINf;, MQRLEY NOES: C011t~I5SI0NER5: FARAtJO ABSENT: COMI4ISSIOPIERS: JOH~dSOtl, TOLAR IN WITNESS WHERE()F, I have hereunto set my hand this 2~ith day of April, 1!17~ ~G;~~,,8,~ SECRETARY, ANAHEIM CITY PLANNIW. CnM~~lsslOtl _3_ RESQLUTIO>1 N0. PC76-81 . • ~ ~ THE FOREGOING RESOLUTION is signed and appreved by me thts 2fith day of April, 197(i. TJ~ CHAIRMA , APIAHEIM CITY PLANNINf COH'1155i~~~ ATTEST: ~ ~ [~ CRETARY, A-1AHE 11 C TY PLANNINf, COMM~SSION STATE OF CALIFORNIA ) COUNTY OF ORA~JGE )ss. C1TY OF ANANf.R1 ) I, Patricia B. Scanlan, Secretary of the City Planning Ccr%iissi~n nf the Ctty of Anahcim, do hereby certify that thc faregoing resolution was passe~ ~n~ adopted et a meeting of the City Planning Commission oF the City of Anaheim, held nn April 26, 1976. at 1:30 p.m., by the following vote of the r~emhers thereof: AYES: COMMISSIOIJERS: RARN[S, HERf35T, KiNr,, M00.LEY NOES: COM111SSION[RS: FARAIJq ABSEqT: COMMISSIOPIERS: J9HNSOiI, TOLAR IFI WITNE55 WHEREQF, 1 have hereunto set my !~a'n~~ thts 2fiLh day of A~:ril, 1!17~ ~~.~~~~~ ~~.~~- SECRETARY, ANAf! I~4 CbfY FGI+'4t;ItSr,; ~n4yISSl~~ll _3_ RESOLUTi01J N0. PC76-81