PC 77-177RESOLUT101~ t~0. PC77-177
A RESOLUTIOt7 OF 7HE AFIAHEIN CITY PLANt71IJG CONHISSION
TI1AT ~'ETITIOtd FCit V~RIAt~CE t~0. 29~{f% gE GRAEiTFU, IN FART
WHEREAS, thc Ar,aheim City Planning Commission did receive a verified
Petitlon for Variance from LANYON PLAZA SIIOPPII7G CEIITER, P. 0. B~x 7250., t~eaiport
Beath, California y266;, owner, and 80B HAUGA/1FU, 221 Eas[ Waln~ct, Suitc 2~8,
Pasadena, Calirornia 91141, agent, of ccrtain rcal property situated in tne City of
Anaheim, County of Oranye, State of California, described as:
That portion of LoC 3 of tf~e Uoninqucz Estatc, as shown on a map
filed in book 2, pagc 15 of Record of Survcys i~ [he office of the
county recorder of said co~~n~y, descriLed as cc~mmenCing at a poir~t
in ttie centerline of Placenti~-Yorba Read, as sh~rnan on plans
entitled "Plan and Profilc of Placen[ia-Yorba Road", on file in
the office of the County Surveyor of saia coun[y, Jistant thereon
tior[h U° 28' 36" East, 3~~+.~+1 feet from i[s intcrsection wi[h the
cen[crlinc of SanCa Ana Canyon Road, 6~.00 fee[ wide, as sha~m on
a map on file in said ofFicc of [he Councy Survcyor; thence South
$3° 46' S7" cas[, 23J.L8 feet to the West !inc of [hat certain
parcel of land describeJ in dee~ to the S[atc of California
rccordcJ January 2j, 1)53 in book 2~~41, paye 2!~ of Official
Records in said office; tiience Nortn 65° 02 0~" East, 2U2.77 feet
to Lhe true point uf beginning; [hence tJorLh 66~ 25~ 25" East,
160.,31 feet; thrnce IJorth "J1° 12' UO" [ast, 11G.0~) fec[ to the
S~outfaerly corner of th~t certain parcel af land described in deed
(State Parcel C2577) recordeJ Fe!;ruary 77, 196^ i~s oaok boSS, page
571 of Official RecorJs, in said officc; thence alony the [as[erly
line of said Lot 3, South Q° 32' lr" West, GDn.26 feet to a point
i~ thc i~ortherly linc of thc Santa Ana Vallcy Irriyation Company
Canai right-of-woy, thc centcrline of ~•rh~ch is shown on map f(led
in book 4, pages 44 tu ;U inclusive, of Rec~rd of Surveys, in said
office siid oint bein on a curve concave I~or[herly and having a
, p S
radius of biL.2i~ feet; thcnce from a tangent bearing South f.lao Z~~
31" Ucst, Westerly along s~id curve [hraugh an angle of '-1-° 4~'
4?~', an arc distancc of ;2j.u~ fcct to thc Southerly tcrminus of
Lhc [asterly l+ne s~;o,an as "South 1° 50' 03" Wes[, 2j7.o0 fee[" ~~
Porcel '2 of u•~aL portion of Irnperial Highway relinquishcd to che
City of Anah~i,n (Rc1-b20) by res~lu[ion of thc California Hiyhway
Commission a certifiea copy of which resolu[ion is recorded in
book to9G9~ 7J~JL' 47 of said Official Records anJ as shown on rap
recorded May 23, 1~73 ~+~ ~QO~ 9~ paye 9, of State Highway Haps, in
said office; thcnce along said Easterly linc of Imperial Niyhvray
Plorth 1° 5:~' U3" East, 257•~~0 fcet; tlicncc ttorth 9° 56' 37." East,
27fi,4b feet to the true point of beginnin~~; and
WHEREAS, the City Planniny Conmission did hold a puhlic hea~ing at the City
Hall in the Ci[y of Anaheir~ on Aug~cst 1$, 1977~ at 1:30 p.m., notice of said pubiic
hearing having been duly given as required by law and in accordance with thie
provisions of the Anaheim Municipat Code, Chapter 7E.03, to hear and consider
evldencc for and against said proposcd variance and to investigate and make findincys
and recommenJations in connection therewith; and
PC77-177
WH[REAS, said Commission, aftcr due inspection, investigation and study made
by itself and in it~ behalf, and after due consideration of all evid~nce and reports
offcred at said hearing, docs find and determinc the following facts:
1, That the pe[i[ianer proposes waivers of the foliawing to construct a
commercial building:
(a) SECTI01~ 1$.~~+•C6.'.•01~+ ' Re uired landscaped berm.
~oo[ high landscaned berr~ required;
none proposed)
(b) SECTIO!i 1$.3~~.OG2.~~3~ - M35~m~etspermitted;h7l~heet proposed)
2, 7ha[ thr. above-mentiored waiver (a) is hereby granted on the basis that
the petitioner demonstrated ttiat a harJship exists in that Santa Ana Canyon Road is
at a hiyhcr 9radc level tha~ thc subject property and a 3'foot hiyh berm would be
ineffective as viewed from said streets, and that a similar variance has been granted
on the aJ;o'tniny property; and subject to the petitioner's stipulation to hcavily
landscape tfie 14-foot wide landscap~d setback and tt;~ parkway adjacent to Santa Ana
Canyon Road an~! Imperial Hiyhway; and tha[ there will be no vehicular access to
imperial Higin•iay frorn subjec[ property; and, further, suhject to Planning Commission
review and approval of revised p!ans indicating an on-site vehicular circula[ion plan
provtdiny adequate two-way access bet~:+een the tliree parcels located south of the
Riverside Freeway, west of Via Cortc:, nor[h of Santa Ana Canyon Road and east of
Imperial Nighway, and the [wo approveJ Santa Ana Canyon P.oad access polnts.
j, Tha[ the above-mentioned waiver (b) is liereby den?ed on the basis that
subject property is locat~d in ttie Scenic Corridor Zone Cverlay; tha[ no tiardship
reiative [o structural hcight has been demonstratc~l; anJ tha[ ~n undesirablc
~recedent would be established for future similar requcsCS if said waiver ~aere
granced.
4. Th~t thcre are exceptional or extraordinary cireumstanees or eonditions
applicable to the property involved or to the i~tended usc, as granted., oP tne
property that do nn[ anply gr_nerally [o [he property r~r class of use in the samc
vicinity and zonu.
y, That the reques[cd variancc, as granteJ, is necessary for thc
prescrvation and enjoyi,~en[ of a substan[ial property right possessed by other
property in the samc vicini[y and zonc, anJ denied [o the property in question.
f,, That che requested variance, as yranted, will not be matcrially
dcYrimental to th~ public wclfar~ or injurious to tl~c propcrty or inprovements in
such vicinity anJ zone in whic,h the property is loca[ed.
~, Tha[ no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
Ef~VIftONNENTAL IMPACT FINDING: That the Anahe~m City Planning Cc+mmissian has
reviewed the subject project consisting of a corrvnercial building with waivers of
required landscaped berm and maximum structural height on approximately 4.2 acres
located at the nor[heast corner of Santa Ana Canyon Road and Imperial Hiyhv+ay, having
approxtma[e frontages of ;20 feet on the north side of Santa Ana Canyon Road and 280
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fce[ on thc east side of Impcrial t~ighway, and Joes hereby a~prove [he Hega[ive
Declaration from Che requirement to prepare an ei~vironrx:ntal impact reporC on the
basis [hat there would br. no significant individual or cumula[ive adverse
environrental irnpact duc to the approval of chis I~egative Declaration since the
knaheim Ganeral Plan designates [he subject property for general commercial land uses
corunensurate with the propasal; tha[ no sensi[ive environmental impacts are invoived
in the proposal; thaY thc I~itial Study submitted by ttie petitioncr indicates no
siynificant individual cr cunulative adverse environnental inpacts; and that the
t~egative Declaration substant'ia[iny the foregoing findinys is on file in thc City of
Anahein Planniny Departr~en[.
N04d, TNCREFORE, BL IT RESOLVED that the Anahein City Planning Commicsian
does hereby grant, in part, subject Petiiion for Variance, upon [he fo~lowing
conditions which are hereby found [o be a necessary prerequisite to the proposed use
of the subject property in ordcr to prescrve [he safety and yencral welfare of the
Citizens of tlic City of Anahcim:
1. That all engineering requirenencs of the City of Anaheim along Santa
Ana Canyon Road, incluJing preparatiun of improvernent plans and installation af all
irtiprovements such as curbs and yutters, sidewalks, s[rect grading an;i paving,
drainaye facilities or o[her appur[enant work, shall be complied wi[h as requireJ by
ihe City [ngineer and in accordance with s[andard plans and specificatians on filr, in
the Office of the City [ngineer; that street liyhcing facilities along Santa Ana
Canyon Road sfiall b~ ins[alled as required by the Uirector of Public Utilitfes, and
in accordance with standard specifications an file in tiie Office of tfie flirector of
Public Utilities; anufar that a bond, cer[ificate of Jeposit, le[ter of credi[, or
wsh, in an amount and fo nn satisfactory [o the City of Anaheir shall be posicd wlth
the Ci[y tu guaran[ec the ins[allation of che abovc-c,entioncd reyuirements.
2. Tl~a[ the above improvcinen[s shall be requireJ [o be cons[ructed at sueh
tlme ~s 'the ~~DT on ~an[a Ana Canyon Road shall reach 2~,000 vehicles.
3. That the p~•opcTty c*.+ncr(s) shall proportianatcly, on [hc hasis of
acreagc, par[icipatc in [hc costs of furroishin~ anJ insta!linr~ a traffic signal at
[he irtersection of Santa Ana Canyon Road and Via Cortez, said p~rticipation to be
21~; of [he total cost (540,000) and amounti~~i [o $3,40~, and said amount shall bc
paid prior to the issuance of buildiny permits.
4. That the existin~~ illegal antenna located on the siiopping center be
re~noved at the tlme of the request by the Zoning [nforcenent Officer or prior to the
issuance of building penni[s, whichever occurs first.
5. That a bus bay (3 feet x o0 feet) shall bc built-in on thc~ Imperial
Highway right-of-way per Traffic Engineer and Orauge County Transit District
requiremcnts.
G. That there shall be no vehicular access Lo Imperlal Hi9hway from
subjec[ propcrty.
. That prior to issuance of building pcnnits, che praperty owner(s) shall
subnit t. the Plannin<~ Commission far revi~~r~ and approval a revised sltc plan
specifyin~; on-site vehicular circula[ion providing adequate two-way access between
the three parcels located soutie of tfie Riverside Freeway, west of Via Cortez, north
of `r.anta Ana Canyon Road and east of Imperial Highway, ar.d [lie two approvd access
points on 5anta Ana Canyon Road.
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8. 7hat a perpetual main[ena~ce agreement sliall be submitted to the City
Attorney's Office for review and approval and then be filed ar:d recorded in the
office of the Orange Launty Recorder, said agreement being for the maintenance of
lanuscaping in tne public ~right-of-way adjaceni to the proposed 14-foot wide
landscaped setback adfacen[ to Santa Ana Canyon Road and imparial Nighway, as
stipulated to by tlie petitioner.
9, That subject property shall be developed subs:antially in accordance
with plans and specification, on file with the City of Anaheim mar~ed Exhibit t~os. 1
and 2.
10. 7haL Condition t~os. 1, 2, ~, E and 9, above mentioned, shall bc
eomplied witle prior to final building ind zoning inspeetions.
THE fOREG0IPIG R[SOL'J7101J is si9ned and approved by me ttiis 15th day of
August~ 1971•
~
~/CI ~RM11p, qN itlM CIT P A,INI~IG COHMISSIQN
ATTEST: PRO TEMPORL
Y~~.~C ~ 7~ .
SEGRETAR , ANAIILIM CITY PLllldtll~IG LUI1MISSIOt~
STATE Of CALIFORNIA )
COUNTY OF ORAt~GF: ) ss.
CITY OF AI~ANEIM )
I, Edith L. Harris, 5ecretary of the Anaheim Ci'~y Planr~ing tpGt~i.;;;iom~ ~o
hereby cer[ify that the foreyoing resoluticn was pas~ed znd adopted ~;~ '^aeccif,•~ ~or
the Anahcim City Planninc~ Coi,mission hc1J on Auc~,~t 15, 1'.977~ aL 1.:3'•~ p,.m,, b~, t~?,c
following vote of the memb~rs thcreof:
AYES: COMMISSIONERS: fIARI~ES, UAVID, HCRUST, JOHNSOq, K1.•~G, Lltu::
NOES: COHNISSIONERS: NO!~t
ABSEt~T: LONNISSIOI7l:R5: TQLAR
IN 111TUE55 WHEREOF, I havc hcrcunto sct N~. h~'nd Lhis 1'~th J1a~'j ~1~f ~1U~:i~ry4,
1977
`~~ ~~
SECRETARY, AtlAHEIN CITY PLANIJING COMMISSION
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