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1977-603RESOLUTION ADO. 77R -603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMAHEIIT GRANTING VARIANCE NO. 2948. WHEREAS, after a request for variance by CANYON PLAZA SHOPPINNNG CENTER, owner; BOB HAUGAARD, agent, 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. 2948 was granted, in part, covering the following: described property: That portion of Lot 3 of the Dominguez Estate, in the City of Anaheim, County of Orange, State of California, 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, described as follows: Commencing 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 0 23' 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 83° 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 65 02' 06" East, 202.77 feet to the true point of beginning; thence North 86° 2.5' 25" East, 160.31 feet; thence North 71 12' 00" East, 116.09 feet to the Southerly corner of that certain parcel of land described in deed (State Parcel C2577) recorded February 27, 1969 in book 8885, page 577 of Official Records, in said office; thence along the Easterly line of said Lot 3, South 0 32' 18" West, 609.26 feet to a point in the Northerly line of the Santa Ana Valley Irrigation Company Canal right -of -way, the center- line of which is shown on map filed in book 4, pages 44 to 50 inclusive, of Record of Surveys, in said office, said point being on a curve concave Northerly and having a radius of 813.20 feet; thence from a tangent bearing, South 84° 20' 31" West, Westerly along said curve through -1- an angle of 22 40' 42 an arc distance of 323.65 feet to the Southerly terminus of the Easterly line shown as "South 1" 50' 03" West, 257.d0 feet" in Parcel 2 of that portion of Imperial Highway relinauished to the City of Anaheim (Re1 -820) by resolution of the California Highway Commission a certified copy of which resolution is recorded in book 10969, page 47 of said Official Records and as shown on map recorded May 23, 1973 in book 9, page 9, of State Highway daps, in said office; thence along said Easterly line of Imperial Highway North 1 50' 03" East, 257.40 feet; thence North 9 55' 32" East, 276.46 feet to the true point of beginning. 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 classifica- tion 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 classifica- tion 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, permitting the construction of a commercial building on the property here inbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTTION 1cs.d4.06'.014 Required landscaped berm. (3 -foot high landscaped berm required; none proposed) SECTION 10.d4.062.030 Maximum structural height. (35 feet permitted; 51 feet proposed) -2- That said variance be granted, subject to the following conditions: 1. That all engineering recuirements of the City of Anaheim along Santa Ana Canyon Road, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; that street lighting; facilities along Santa Ana Canyon Road shall be installed as required by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and /or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 2. That the above improvements shall be required to be constructed at such time as the ADT on Santa Ana Canyon Road shall reach 25,000 vehicles. 3. That the property owner(s) shall proportion- ately, on the basis of acreage, participate in the costs of furnishing and installing a traffic signal at the intersection of Santa Ana Canyon Road and Via Cortez, said participation to be 21% of the total cost and amounting to 18,400, and said amount shall be paid prior to the issuance of building permits. 4. That the existing illegal antenna located on the shopping center be removed at the time of the request by the Zoning Enforcement Officer or prior to the issuance of building permits, whichever occurs first. 5. That a bus bay (8 feet x 80 feet) shall be built -in on the Imperial Highway right -of -way per Traffic Engineer and Orange County Transit District requirements. 6. That there shall be no vehicular access to Imperial Highway from subject property. 7. That prior to issuance of building permits, the property owner(s) shall submit to the Planning Commission for review and approval a revised site plan specifying on- site vehicular circulation providing adequate two -way access between the three parcels located south of the Riverside Freeway, west of Via Cortez, north of Santa Ana Canyon Road and east of Imperial Highway, and the two approved access points on Santa Ana Canyon Road. 8. That a perpetual maintenance agreement shall be submitted to the City Attorney's Office for review and approval and then be filed and recorded in the office of the Orange County Recorder, said agreement being for the maintenance of landscaping in the public right -of -way adjacent to the proposed 14-foot wide landscaped setback adjacent to Santa Ana Canyon Road and Imperial Highway, as stipulated to by the petitioner. 9. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 10. That Condition Nos. 1, 2, 5, 8 and 9, above mentioned, shall be complied with prior to final building and zoning inspections. E IT rURTI.171 RESOLVi:D that the City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, its successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim ?unicipal Code unless otherwise speci- fied herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th day of September 1977. ATTEST: CITY CLERK O F Ti.l±�; C�� T OF ANAHEIM JL?a': jh _4_ STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -603 bias introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of September, 1977, by the following vote of the 'Members thereof: AYES:' COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: 'COUNCIL MEMBERS: Nond ABSTAINED: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 77R -603 on the 6th day of September, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of September, 1977. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -603 duly passed and adopted by the Anaheim City Council on September 6, 1977.