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PC 78-144r '. f RESOLUTION N0. PC 7Z-144 RESOLUTIOtI OF THE ANAHEIM CITY PLANNI~7G COHMISSION THAT PETITIOM FOR VARIANGE NQ, 3025 BE GP.ANTED WHEREAS, the Anaheim City Planntng Pecition for Variance from BRITISH MOTOR CAR Street, Suite 3180, S~n Francisco, California 9 KIMMEY, 2192 Martin :itrcet, Suite 155, Irvine, real property situa2ed in the Clty of Anaheim, described as: Corta~iission dld receive a verified DISTRIBUTORS~ LTD., 555 California 4504, owner, and RONALD MALOUF/RAYMOND California 92715, agent, of certain County of Orange, State of Caltfornia PARCEL i: The North half of the Nor[heast quarter of the Southeast quarter of Seciton 22, Tovmship 4 Snuth, Range 10 Nest, as shown on a Map filed in book 15, page 4 of Record of Surveys in the office of the County Recorder of Orange Ceunty, California. Excepting therefrom that portion of satd land lying Southwesterly of the Northeasterly line of that certain parcel of land conveyed [o Pacific Improvemen[ Company by deed recorded May 12, 1888 tn book 434, pa9e 269 of Deeds, records of Los Angeles County, California. Also excepting that portion described in deed to the Staie of California, recorded Aprll 24, 1952 in book 2322, page 13° of Q~ficial Records. Also excepting the interest, if any, in that portion thereof included within Tract No. 19Q, as shown on a Map recorded in boak 23, page 50 of Miscellaneous Maps, records of Orange County. California. PARCEL 2: The West 198 fee[ of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 23, bcing a portion of Lot 41 in Township ti South, Range 10 wes[, as shown on a Map recorded in book 2, pages 256 and 257 of Patents of Los A~geles County, California. Excepting therefrom the land descrlbed in deeds to the State of California, recorded May 20, 1929 in book 276, page 160 of Official Records, and recorded April 29, 1~52 in book 2322, page 139 of Offical Records; and Parcel 1: A portion of the West 198 feet of the Northwest quarter of the Northwest quar[er of the Sputhwest quarter of Sectian 23, Township 4 South, Range 10 West, S. B. B. E M, in the Rancho San Juan Gajon de Santa Ana, as shown on a Map recorded in book 2, pages 256 and 257 of Patents, records of Los Angeles County, State of California, described es follows: Beginning at the lntersection of the North line of Parcel 2, as described in the deed recorded in book 176, page 210 of Official Recards of Orange County~ Lalifornia, and the Westerly right of way ll~e of a 60- foot State Highway fcnown as road VI~-Ora-2-D, as described in the dezd recorded in book 255, page 66 of Deeds, records of said Orange County, which poin[ bears t~orth 84° 47' 15" East 160.11 feet from a 4" x 4" white post marking the Northwest corner of Parcel 2, as described in deed recnrded in book 176, page 210 of Official Records of Orange County, California, said point of beginning being a point on a curve concave to the Nest, having a radius of 570 feet. (a radial line from said point bears South 7go 56' 45" West); thence from said point of beginning Southeriy along PC78-144 said curve through an angle of qO 50~ 30" a dls[ance of 97.91 feet; the~ce tangent to said curve South 0° 12' 45" East 271.28 feet to a point; thence at right angles South E9° 47' 1~" West a distance of 20 feet to a iine r~hich is parallel with and distant 50 feet Westerly, measured at right angles, from the center line of said State Highr+ay, (a radial line fran said point bears South 89° 47' 15" West); thence Northwesterly along a curve concave to the West having a radlus of 1950 feet, through an angle of 6° 45~ 30", a distance of 230.01 feet; thence North 6° 58' 15'" West 140,21 fe~~t to the Norch lTne of Parce) 2, as described in said deed recorded in book 176, page 210 of Official Records of Orange County, California; thence North 89° 47' 15" East along said North ine a dlstance of 41.97 feet to the point of beginning, contatning 0.253 of an acre, more or less. Parcel 2: Those portions of the Northeast quarter of [he Northeast quarter of the Southeast quarter of Section 22 and of [he West 198 feet of thc Northwest quarter of the Northwest quarter of the Southwest quarter of Sectlon 23 all of Township 4 South, Range 10 West, S. B. M., in the Rancho Sa~~ Juan Cajon de Santa Ana, County of Orange, State of California, described as follows: Beginning at the Intersection of a line parallel with and distant 170 fee[ Westerly, measured at ri9ht angles, =rom the center line of that certain 60 foot strip of lend described in deed recorded in book 25~. Page 66 of Oeeds of said Lounty, with the South line of said Northwest quarter of the Northwest quarter of the South~oest quartcr of Section 23, said potnt of beginning being the Northeast corner of that certain parcel of land described Tn Certificate of Tltle No. 9112 on file in the office of the Registrar of Titles of said County; thence along said South line, South 89° 59' 25" west, 76.00 feet to the NortFrviest corner of said ceriain parcel of land; [hence North 6° 40' 00" East, 11b00 feet; thence North 71° 37' S5" East, 45.1E feet thence North 28 24' S0" East, 82.24 feet t~ the point of tanaency of this course with a curve, concave Westerly, having a radius of 477 feet; [hence Northerly along safd curve through an angle of 29° 10' 49" an arc distance of 242.g3 feet to the polnt of tangency of said curve with a curve, concave Westerly, having a radius of 1896 feeC; thence Nor[herly along said last mentioned curve through an angle of 4° 28' 36", an arc distance of 148.14 feet; thence North 84° 45' 25" Eas[, to the East line of said Nest 198 feet; thence Southerly along said East line to the South line of said Northwest quarter of the Northwest quarterpof the Southwest quarter; thence along said South Itne South 89 59' ZS" West, 170.00 feet to the point of beginnt~g. Excepting therefrom that portion thereof in~luded within that cer*.ain parcei of land described in deed to the State of California recorded in book 276, page 160 of Official Records of said County. Also excepting therefrom that portion included within Parcel 6 as shown on a Map filed in Book 4, pages 5 to 11 inclusive, of State Hig M~ay Maps, records of said Orange County. WHEREAS, the City Planning Canmtssion did hoid a public hearing at the City Nall in the City of Anahelm on Ju~y 3, 1978, at 1:30 o,m., notice of said pubilc hearing having been duly gfven as requlred by law and in accordance with th~ -2- PC78-t44 provisions of the Anahe[m Municlpal Code, Chapter 18,03, to hear and consider evidence for and against satd proposed variance and to investigate and make findings and recommendations in connection therewith; and ' WHEREAS, said Commission, after due inspection, investigation a~d study made by itself and in lts behalf, and after due consfderatlon of all evidence and reports offered at said hearing, does find and determine the fotlowing facts: 1. That the petitioner proposes a waiver of the following to construct a cortmerctal/industrial complex: SECTION ]8.44.068 - Minimum site screentng - oot high masonry block wall required ah~tting the freeway; none pr•oposed) 2. That the above mentioned waiver is hereby granted on [he basis that the petttioner demonstrated that a hardship exists in that the elevation of the freeway is higher than subJect property and that a s1x (6) foot high block wall would be ineffective for screening purposes. 3, That there are exceptional or extraordinary circumstances or cond(tlons applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vtcinity and zone. 4, That the requested vartance Is necessary for the preservation and enjoyment of a substantial property right possessed by other propcrty in the same vicinity and zone, and denied to the property in questlon. 5. That the requested variance will not be matertally de[rlmental to [he public welfare or inJurious to the property or improvements In such vicinity and zone in which the property is located. 6, That no one lndicated theY~ presence at satd public heari~g in opposltlon; and that no correspondence rias recelved in opposition to the subJecL petition. ENVIROPlMENTAL IMPACT FINDING: That the Anaheim City Plannina Carcnission has revlewed the subJect proposal to reclassify the zoning from ML (INDUSTRIAL, LIMITED) to L! (COMMERCIAL, LIMITED), to permit fndustriai uses and off-siXe signing with waivers of minimum setbac~ from an intersection and mintmum ground clearance to construct a commerctal/industrtal canplex on an irregularly-shaped parcel of land consistf~g of approximately 12.3 acres located between the Santa Ana Freeway and Anaheim Boulevard and having a frontage of approximately 1081 feet on the west side of Anaheim Boulevard~ having a maximum depth of approximately 1149 f~et, ar,~' being located approximately 676 feet south of the centerline o` Midway Drive; and does hereby approve the Negative Declaration from the requir~nent [o prepare an envtronmental impact report on [he basis that there would be no signiffcant individual or cumulative adverse environmental impact due to tha approval of this Negative Declaratian since the Anaheim General Plan designates the subJect property for commercial professional land uses cortmensurate with the oroposal; tfiat no sensitive environmental impacts ara involved in the proposal; that the Inlt.tal Study submitted by the petitToner indicates no signlficant individual or cumulative adverse environmentai impacts; and that the Negative Declaration substantlating the foregotng findings is on file in the City of Anaheim Pla~ning Department. -3- PC78-t44 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Corrnnission does hereby grant subJect Petition for Variance, upo~ the following conditlons which are hereby found to be a necessary prerequislte to the proposed use of the subJect property in order to preserve the safety and general wclfare of the Citizens of the City of Anaheim: ~ 1. That this Condltienal Use Permit ts granted subJect to the completion of Reclassification No, 78-79-2, n~~~w pending. 2. That subJect property shall be developed subs[antially (n accordance with plans and speclficattons on file ~ith :he City of Anaheim marked Exhibtt Nos. 1 through 3. BE IT FURTHER RE50LVED that [he Anaheim City Planning Cor,mission does hereby find and determine that adoptlon of this Resolution is expressly predicate~ upon applfcant`s compliance with each and all of the conditions hereinabove se[ forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the flnal Judgment of any court of competent Jurlsdlctlon, then this ResolutTon, and any approvals heretn contained, shall be deemed null and void. THE FOREGOING RESOLUTIOft is signed an6 approved by mc thls 3rd day of July 1978. ' ~ C ,~ !~, A!t M CtTY PLAN4lNa COHMISSION ATTEST: (~ ~l (dd - ~ ~^--- SECRETARY, ANAHEIM CITY PLANNING CONMISSIOtt STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CI'PY OF ANAHEIH ) !, Edlth L. Narris. Secretary of ihe Anaheim Cfiy Planninc, Coaanlssion, do hereby certify that the foregoing resolutian was passed and adopted at a meeting of the Anahetm City Planning Cortmission held on July 3~ 1978. a[ 1:30 p.m.~ by the following vote of the members [hereof: AYES: COMHI5510NERS: DAVID, HERBST, JOHNSON~ KING~ LINN, TOLAR NOES: COYMISSIONERS: NONE ABSTAIN: COMf115SI0NERS: BARNES ABSENT: COMI~ISSIONERS: NONE IN W11'NESS NHEREOF, I have hereunto set my hand this 3rd day of July, 1978. `~ ~.r,~. ,r.° . SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -4- PC78-14~