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72R-126 RESOLUTION NO. 72R-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2310, IN PART. WHEREAS, after a request for variance by RINKER DEVELOP- MENT CORPORATION; owner 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. 2310 was denied covering the following described property: All that certain land situated in the State of California, County of Orange, City of Anaheim, described as follows: Those portions of Lot 4 of "Dominguez Estate", as shown on a Licensed Surveyor's Map filed in Book 2, page 15 of Record of Surveys in the office of the County Recorder of Orange County, California, described as follows: Parcell: Beginning at a point in the Northeasterly line of said Lot 4, distant North 65q 03' West 102.18 feet from the Northeasterly corner of said Lot 4, running thence South 3q 06' East 464.60 feet to a point in the North- westerly right of way line of the Santa Ana Valley Irrigation Company as described in deed recorded March 7, 1940 in Book 1033, page 362 of Official Records; thence South 74q 27' West along said Northwesterly right of way line, 497.64 feet to a point; thence North 00 03' 50" East 775.89 feet to a point in the Northeasterly line of said Lot 4, said point being distant South 810 18' East 12.17 feet from an angle point in said Northeasterly line; thence South 810 81' East 225.10 feet to an angle point in said Northeasterly line; thence South 500 18' East 132.00 feet to a point; thence South 65q 03' East 142.68 feet, more or less, to a point distant North 650 03' West 102.18 feet from the Northeasterly corner of said Lot 4, said point being the point of beginning. Excepting therefrom that portion lying Northerly of the following described line: Beginning at a point in the center line of Placentia- Yorba Road, as shown on plans entitled "Plan and Profile of Placentia-Yorba Road", on file in the office of the County Recorder of said County, distant thereon North 00 28' 36" East 384.41 feet from its intersection with the center line of Santa Ana Canyon Road 60.00 feet wide, as shown on a map on file in the office of the County Surveyor of said County; thence (1) South 830 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 in Book 2441, page 84 of Official Records in said office; thence (2) North 650 02' 06" East, 202.77 feet; thence (3) North 860 25' 25" East, 160.31 feet; thence (4) North 710 12' 00" East, 248.24 feet; thence (5) North 610 40' 44" East, 189.71 feet; thence (6) North 560 49' 36" East, 1959.77 feet. -1- Also excepting therefrom one-sixth of all oil, gas or other hydrocarbon substances under and in said land, but without excepting or reserving any right to use the sur- face of said land for any purpose whatsoever, as reserved by Jo Ann G. Tomlinson in deed recorded February 21, 1964 in Book 6933, page 741 of Official Records. Parcel 2: Beginning at the Northwesterly corner of said Lot 4, running thence South 610 35' East 374.48 feet to an angle point in the Northeasterly line of said Lot 4; thence South 810 18' East 12.17 feet to a point; thence South 00 03' 50" West 775.89 feet to a point in the Northwesterly right of way line of the Santa Ana Valley Irrigation Company as described in deed recorded March 7, 1940 in Book 1033, page 362 of Official Records; thence South 740 27' West along said Northwesterly right of way line, 217.45 feet to the beginning of a tangent curve concave Northerly and having a radius of 818.20 feet; thence Westerly along said curve through a central angle of 90 21' 14" an arc distance of 133.58 feet to a point in the West line of said Lot 4; thence North, along said West line, 1039.39 feet to the point of beginning. Excepting therefrom that portion lying Northerly of the following described line: Beginning at a point in the center line of Placentia- Yorba Road, as shown on plans entitled "Plan and Profile of Placentia-Yorba Road", on file in the office of the County Recorder of said County, distant thereon North 00 28' 36" East 384.41 feet from its intersection with the center line of Santa Ana Canyon Road 60.00 feet wide, as shown on a map on file in the office of the County Surveyor of said County; thence (1) South 830 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 in Book 2441, page 84 of Official Records in said office; thence (2) North 650 02' 06" East, 202.77 feet; thence (3) North 860 25' 25" East, 160.31 feet; thence (4) North 7IG 12' 00" East, 248.24 feet; thence (5) North 6IG 40' 44" East, 189.71 feet; thence (6) North 560 49' 36" East, 1959.77 feet. All that certain land situated in the State of Califor- nia, County of Orange, City of Anaheim, described as follows: That portion of Lot 3 of the Dominguez Estate 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 lying Southerly of the following described line; Beginning 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 00 28' 36" East, 384.41 feet from its intersection with -2- 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 830 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 65C1 02' 06" East, 202.77 feet; thence North 860 25' 25" East, 160.31 feet; thence North 710 12' 00" East, 248.24 feet. EXCEPTING THEREFROM that portion included within the land described in deed to the State of California recorded January 23, 1953 in book 2441, page 84 of Official Records in said office. ALSO EXCEPTING THEREFROM any portion included within the Santa Ana Valley Irrigation Company Canal right-of-way, the centerline of which is shown on map filed in book 4, pages 44 to 50 inclusive, of Record of Surveys in said office. ALSO EXCEPTING THEREFROM that portion thereof lying Northwesterly of the following described line: Beginning 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 00 28' 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 830 46' 57" East 230.68 feet to the West line of that certain parcel of land described in said deed to the State of California; thence South 360 OS' 07" East, 231.06 feet to the East line of said certain parcel of land being the True Point of Beginning; thence North 90 56' 32" East, 276.46 feet to the North- easterly terminus of that certain course hereinabove cited as "North 650 02' 06" East, 202.77 feet". 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 classification 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 classification 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, in part, permitting the construction of -3- a shopping center and an automobile service station on the pro- perty hereinbefore described with waiver of the following sections of the Anaheim Municipal Code: SECTION l8.39.040(a-2) Free-standing signs in the SC Zone (none permitted7 two proposed) SECTION 18.40.020(b-3) Required intersection for service station location. (Two arterial highways required; an arterial highway and a local street pro- posed) SECTION 18.59.042(1-a) Setback requirements along freeways (100 feet required; 50 feet pro- posed) SECTION 18.59.042(3) Minimum dimension for planters in the parking area (6 feet required; 4 feet proposed) That said variance be granted, in part, subject to the following condition: That this variance is granted subject to the completion of Reclassification No. 71-72-21, now pending. BE IT FURTHER RESOLVED that the city Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, its successors or assi9ns, to comply with the Anaheim Municipal Code and regulations and the con- ditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 11th day of April, 1972. ~kt:~ CI CLERK OF THE CITY OF ~ ~ . , ^. ,-'~., j , --"' '.' h ~ ;,ffJ!/{~. ty. ~ / ANAHEIM -4- WPH : kw STATE OF CALIFORNIA ) COUl'fTY OF ORANGE ) ss. CITY OF ANAHEIM ) -,.. I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-126 was passed and adopted at a regular meeting of the City Council held on the 11th day of A~ril , 1972 , by the following vote of the members thereo : - AYES: COUNCILMEN: Roth, Stephenson, Pebley and Dutton NOES; COUNCILMEN: Thom ABSENT: COUNCILMEN; None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 11th day of April , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of April , 19 72 . ~);(~ C CLERK OF THE CITY OF ANAHEIM (SEAL ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-126 duly passed and adopted by the Anaheim City Council on April 11, 1972. ~ In. f),L~ City Clerk -