PC 85-89RBSOLUTION N0. PC85-89
A RESOLUi`IOtd OF THE ANAHEIM CITY PLANNING CONMZSSION
THAi PETITIUN FOR RECLASSIFICATIOPI NO. 84-85-28 BE GRANTED
WHERF,AS, the Anaheim City Planniny ~~ommission did receive a verified
patition fo: Reclassification from JUN NISHINO, D.D.S. & MARCIA J. NZSHINO,
1780 Winl~ck Street, Orange, California 92665, owners, and MERIDIAN
CONSTRUCTIOV COP1PnNY, INC., 14912 htinnetonka Boulevard, Minnetonka, Minnesota
55345, agent for certain real property situated in the City of Anaheim, County
of Orange, State of California, de~cribed as follows:
PARCEL 1:
TEIOSE PORTIONS OF LOT 1 OF P1RS. BUSH'S SUBDIVISION OP A
POitiIOIJ OF THE BUSH TRACT, IN THE COUP74'Y OF ORAt7GE, STATE OF
CALiFURNIA, AS PER F1AP RECORUED ItJ BOOK 36~ PAGE 52~
I•tISCELLANEOUS RECORDS~ IN THE OFFICE OF THE COGNTY RECORDER OF
LOS ANGELES COUNTY, CALIFO2NIA, UF THE THIRD CLASS LAND
AI.LOTTED TO Y. Y. llE COTA ~CCORDING TO A MAP ATTACNED TO AND
MADE A PART OP THE LE;CREE CF PARTITION OF THE RANCHO CANON DE
SANiA ANA RENDERED IN CASE N0. 1978 OF THE 17TH JUDICZAL
DISTRICT COUR1' O? CAI.IFORNZA, A CERTIFIED COPY OF WHICH ZS
RECORDED IN BOUK 28, PAGE 158 OF DEEDS, IN THE OFFZCE OF SAIU
CUUNiY RECORUtR APlD OF THE LANll ALLOTTED TO MARIA PERALTA DE
AL\TAREZ I!J DECREE OF PARTITION 0[•' THE RANCHO SANTIAGO DE SANTA
ANA, RECORDED IN BOUF B OF JUDGMENTS OF' SAIU 17TH JUDICIAL
DISTRICT CGURT~ DESCRIBED AS FOLLOWS:
REGINNIP;G AT A'X" IK THE PAVEMENT MARKING THE INTERSECTION OF
THE CENTERI,INE OF THE SANTA ANA CANYON ROP.D AS SURVEYED IN
1925 BY THE C.7UNTY OF ORANCE 'v7TTFi THE SOUTHERLY EXTENSION OF
2'HE EAST LINE OF SAIU LUT 1 OF MRS. E3USH'S SJBDIVISION, SAID
PqINT BEING 30,.00 FEET ivOkTHERLY FROM THE NORTHWEST COFNER OF
:.Ui I vi~ iiinC'i i~v. 9,10~ AS SHUWN ON A D1AP RECORDF,D IN BOOK 30~
PAGES 1 AND 2 OF PIISCELLANEOUu P1APS, RECORDS OF ORANGE COUNTY~
CALICORNIA; THF.NCE idORTH 0° 12' 37' WF.ST ALnNG SAID EXTENDEU
LINE AND ALO[JG THE EASTERI.Y LINE OF SAID LOT 1 OF MP.S. BOSH'S
SUBDI4ISION AND TE:E NORTHERLY EXTENSZON THEREOF 1251 J4 FEET~
P1URE OR iESu, TO TFiE SOUTHEAST CORNEF. OF THE LAND DESCRIBED IN
THE DEED TO ORANGE COUNTY WATER DISTRICT~ RECORDED AUGUST 29,
1940 IN BOOh 1059~ pAGE 193 UFFICIAL RECURDS~ SAID POINT BEING
28.54 FEET NOFTEi 0° 12' 30' WEST FRON. THE NORTHEAST CORNER OF
SAID LOT 1 OF tIRS. BUSH'S SUBDIVISION; THENCE NORTH 81° 42'
OS• WEST 18G.55 FEET ALONC •I'HE SOUTHERLY LINE OF THE LAND
DESCRZBED IN SAID DEF.D; THENCE NORTEI 84° 29' S5' WEST 233.25
FEET ALUNG THE SOUTHERLY LINE OF THE i.AND DESCRZBED IN SAID
DEED~ SAID PGINT BEINC 23.50 FF.ET NORTH 0° 15' 30` WEST FROM
THE NORTHWEST CURNER UF SAID LOT 1 OF !1RS. BUSH'S SUBDIVZSION;
THENCE SOUTH G° 15' 30' EAST 1322.41 FEET ALONG THE NORT!lF.kLY
EXTENSZON OF THE WESTERLY LINE OF SJ1ID LOT 1 OF l4RS. BGSH'S
SUBDIVTSION AND ALONG THE WESTERLY LINE AND THE SOUTFIERLY
EXTENSIGN THEREOF TO 1'HE CENTER LINE OF SAID SANTA AI¢A CANYON
RUAD; TNENCE NUkTN 87° O1' 00' EAST 415.46 FEET TO L"HE POINT
OF BEGINNING.
p0486r
PC85-H9
EXCEYi'ING THEREFROM THAT PORTTON LYJNG NORTH OF THE SOUTH LINE
OF THE MAIN CANAL UF THE SANTA ANA VALLEY IRRIGATION COPiPANY.
ALSO EXCEPTING THEREFRUt9 TFIE PORTION CONVEYED TO SANTA ANA
VALLEY IRP.IGATION CONPANY BY DEED RECORDED JUL'i 18, 1934, AS
INSTRUMENT N0. 16235, IN BOOK 685, PAGF: 255~ OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTIOP! OE' SAID LAND COP7VEYED TO
iHE STATE OF' CALIFORNIA BY DEED RECGRLED MARCH 2, 1948, AS
INSTRUMENT tJO. 9162, IN BOOY. 1731, PAGE 517, OFFICIAL RECORDS.
NOTE. PART OF SAID LAND IS WITHIN TRACT NO. 4958, AS PER MAP
RECORDED IN BOOK 208, PACE 48 OF MISCF.LLANEOUS MAPS~ IN THE
OF~ICE OF THL•' COUNTY RECORDER OF SAID ORANGE COUNTY.
PART 2:
THAT PORTIUtJ OF THE LAND ALLOTTED ':O THE HEIRS OC DUMINGUEZ IN
DECREE UF PARTITION OF THE RANCHO SANTIAGO DE SAN'fA ANA,
RECORDED IN BOOK 'B" OF JUDGMEtlTS OF THE 17TH JUDICIAL DISTRZCT
COURT OF CALIFORNIA, DESCRIHED AS FOLLOWS:
BEGINNING AT THF INTERSECTION OF THE NORTHERLY PROLONGATION OF
TIiE WEST LINE OF LOT 1 OF TRACT N0. 936, AS PER MAP RECORDED IN
HGQK 30, P~GE 1 GF M1sCELLAtdEOUS MAPS, I~i THE OFFICE OF THF.
COUNTY RECORDER OF SAID COUNTY, WITN THE CENTER LINE OF SANTA
ANA CANYON ROAD AS SHOWN ON SAID t9AP; THENCE NORTH 87° O1' 00'
EAST, 1252.U0 FEET ALONG SAID CENTER LINE; TY.c^NCE NORTH 0° 34'
~~~~ ~lEST, 1170.88 FEET; THGNCE SOUTfl 85° 54' 35" WEST~ 650.52
°E~'P; THENCE SOUTH 85° 54' 35' WEST, 650.52; THENCE NORTH 82°
~~~ 3U~ WGST, 599.10 FEE~' 'f0 THE WES2' LINE 0~ SAID ALLOTMENT;
TEiENCE SOUTHEkLY 1264.80 FEET ALONG SAID WEST LINE TO THE POINT
OF BEGIP~NING.
BXCF.PT7Nr. mu~pFr.np,, ;i:~~ rCiiti'iUtv 'Phk:kEOF CONVEYED TO THE SANTA
ANA VALLEY IRRIGATIJN CUriPANY BY DEED RECORDED JULY 18~ 1934~
IN SOOK 685~ PAGE ~55, OFFICIAL RECORDS.
ALSU EXCEPTING THEkEFIt061 THAT PORTION THEREOF INCLUDED WITAIN
THE bOUNDARZES Ofi Tt1E LAND CONVEYED TO OFAHGE COUNTY WATER
DIS'PRICT BY DEED F.ECORDED OCTOBER 29, 1938~ AS INSTRUMENT N0.
29600~ IN BOOK 951, PAGE 579~ OFFICIAL RECORDS.
ALSO EXCEPTING 1HEREF~20M THAT PORTION THERcOF DESCRIBED AS
FULLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY
PROLONGA4':ON OF THE EASTERLY LINE OF SAID LOT 1~idITH SAID
CENTER LINE; THENCE iOUTH 87° 16' 00' WEST~ 446.10 FEET ALONG
SAID CENTER LINE TO THE NORTY.ERLY PROLONGATION OF THE WESTERLY
LINE OH SAID LOT 1; THENCE NORTH 0° U2' 00' WEST~ 44.18 FEET
ALONG SAID PROLONGATICN; THENCE NORTH 87° 39' 36• EAST TO THE
SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE SANTA
ANA VALLEY IRRIGATION COMPANY~ RECORDED IN BOOK 685, PAGE 255~
OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID SOOTNERLY LINE ON
A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 355.00 FEET TO
TNE NUR4'HERLY PROLONGATION OF THE EASTERLY LINE OF SAZD LOT 1;
Ti1fiNCE SOUTHERLY ALONG SAID EASTER:,Y LINE TO TNE POINT OF
BECINNING.
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AL50 EXCEPTING ThF;REFROM THAT PORTION LYING IJORTH OF THE SOUTH
J~IN~ OF 7'EIE h1AIN CANAL OF TfIE SANTA ANA VALLEY IRRIGATION
CUt4PANY.
AI.SO L',tCEP1'ZNG THEREFROf4 I~LL CAS, OIL, MINERAL AND ^YDROCARBON
SUB~TANCES BELOW A DEPTH ON 500 FEET FROM THF SURFACE OF SAID
LAND, SUT 4lITHUUT THE RIGHT 0~ ENTRY UPON ANY PORTION OF THE
SURFACE ABOVE A DEPT;i OF SUO FEET FOR THE PURPOSE OF EJ(PLORING
POR, pOkING, MINING, DRILLING, REMOVING, SXTRACTING OR
MARKETING SAiD SUBSTAt~CES, AS A.ESERVEU BY MABEL ANN YORBA~ A
WIUUW~ IN THE DEE6 RE;COkDF'D JANUARY 25, 1963.
A1.S0 EYCEPTING TH~REFRUM ALL, RIPARIP.ti RICFITS ATTRIBUTABLE TO
SAID LAtJD AS RESERVED AY MABEL ANt~ YORBA, A WIDOW~ IN THE DEED
RECORDED JANUARY 25~ 1563.
YARCEL 3:
AI.L THA1 C6RTAIN REAL PROPERTI LYING WITFIIN THE LAND ALLOTTED
TO TH~ HEIRS UF DODIINGUEZ hl1D T~ THE HEIIS OF LEANDRO SERRANO
ItJ THE DECREF, OF PAkiITION OF TlfE RANCHU SANTIAGO DE SANTA ANA
RECOP,DED IN BOOK "B', pAGE 410 OF .lUDGMENTS OF THE DISTRZCT
COURT OF TFiE 17Tli JUDICIAL DISTRII:T IN AND iOF, LOS ANGELES
COUNTY, CALIFORNIA, T,ND WITHIN LOT 1 OF MRS. BUSH'S SUBDIVISION
OF A PORTION GP THE BUSN TRACT PER THE l1AP RECORDED Z^7 BOOK 36,
PAGF, 52 OF riZSCELLAt:GOt35 RcCOkL:; UF SAID LOS ANGELES COUNTY,
:;JiOWN AS 'S. A. V. I. CANAL'~ 46.00 FEET IN WIDTH, OtJ THE MAP
OF TRACT tv0. 4~)58 RECpRDEB ItJ $~pK Zpg~ ppGES 48, 49 AND 50 OF
b1ISC6LLANEUUS DtAPS, RECORDS UF SAID ORANGE COUHTY.
WHEREAS, the City Planning Commission did l~old a public h.earing at
the Civic Center in the City uf Anaheim on April 1, 19F35 at 1:30 p.m., notice
of said public hearing haviny been duly given a~ required by law and in
accordance with the provisions of the Anaheim Efunicipal Code. Chapter 16.03,
to hear and considrr evidence for and against said proposed reciassificatton
and to investi9ar~ ,n~! m~F:~ ~_,,,;_~;y~ ,,~,~ ~ecommendations in connection
therewith; and
WHEkEqS, said Commission, after due inspection, invEStigation and
study mad2 by itself and in its behalf, and after due consideration of all
evidence and reports offered at said heacing, does find ar.d determine the
following facts:
1. That the ~.atitioner proposes reclassification of subject prope:ty
from the RS-A-43,000(SC) (Residential/Agricultural, Scenic Corridor Overlay)
Zone to the CO(SC) (Commercial, Office anc' professional, Scenic Corridor
Overlay) Zone.
2• That the Anaheim Genecal Plan currently designates subject
propecty for Hillside Low-Density residential land uses but t:~at, concurrently
witt~ subject petition, ttie Planning Commission h~s recor.unendad that City
Council adopt General Plan Amendment No. 202 to change the land use
designation to Commercia.l Professional.
~• That the propoeed reclassification o£ subject property is
necessary and/or desirable for the ocderly and proper development of the
community.
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PC85-89
4. That the proposed reclassification of subject property does
properly relate to the zones and their permitted uses locally established in
close proximity to subject Propezty and to the zones and their permitted uses
generally established throughout the comrnunity.
5. That the proposed reclassification of subject property requires
the improvement of abutting streets in accordance with the Circulation Element
of the General plan, due to the anticipated increase in traffic which will be
generated by the intensification of land use.
6. That 8 persons indicated their pr.esence at said public hearing in
opposition; and that a petition containing approximately fift,~-five (55}
signature~ was received in oPPosition to subject peti.tion.
ENVIRONt9ENTAL IMPACT FINDING: That the Anaheim City Planniny
Commission has revieiaed the proposal to change the current Hillside
Low-Density Residential land use designation to Commercial Professional on the
General Plan; and reclassify subject property from the RS-A-43,000(SC)
(Residential/Ag~iculturai, Scenic Corridor Overlay) ~one to the CO(SC)
(COmmercial, Office and Professional, Scenic Corridor Overlay) Zone to
construct two (z), 19-foot higti, one (1) story commercial office buildings
with waivers of minimum building setback and minimum landscaped setback; and
to approve the removal of one (1) specimen tree on an irregularly-shaped
parcel of land consisting of approximately 1.8 acres located at the northeast
corner of Santa Ana Canyon Road and Pinney Drivf•; and does hereby approve the
Negative Declaracion upon finding that it has considered the Piegative
Declaration together with a~y comments received during the public review
process and further findin9 on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
szgnificant effect on the environment.
[dUW, THEREFORE, BE iT RESOLVED that the Anaheim City Planning
Commission does hereby qcant subject Petition for Reclassification and, by so
doing, that Title 18-Zonin9 of the Anaheim P:unicipal Code be amended to
exclude the above-described property fcom the RS-A-43,000(SC)
(Residential/Agricultural, Scenic Corridor Overlay) Zone and to incorporate
saia described property into the CO(SC) (Commercial, Office and Professional,
Scenic Corridor Overlay) Sone upon the following conditions which are hereby
found to be a necessary prerequisite to the propused use of subject propetty
in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim;
- 1. That ~11 engineering requirements of the City of Anaheim along Santa
Ana Canyon Road and pinney Drive, including preparation of
improvement plans and installation of all improvements such as curbs
and gutters, sidewalks, water facilities, s~reet grading and
pavement, sewer and drainage facilities, or other appurtenant work
shall b
it
e complied w
h as required by Lhe City Engineer and in
accordance with specificacions on file in the Office of the City
Engineer; and that security in the form of a bond, certificate of
~;ti deposit, leCter of credit, or cash, in an amount and form
,`y satisfactory to the City of Anaheim, shall be posted with the City to
(~ guarantee the satisfactory completion of said improvements. Said
N security shall be pos~ed with the City prior to adoption of the
a ordinance rezoning subject property, to guarantee the installation of
the above-required improvemenl-s prior to occuYancy.
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2. Tl~at stceet lighting facilities along Santa ~na Canyon Road and
Pinney Drive shall be installed as requ_red by the Utilities General
Manager in accordance with specifications on file in the Office of
Utilities General Flanager, and that security in the form of a bond,
certificate of deposit, letter of credit, or cash, in an amount and
form satisfactor,y to the City of Anatieim, shall be posted with the
City to guarantee the secisfactory completion of the above-mentioned
improvements. Said security shall be posted with the City of Anaheim
prior to adopL•ion of the ordinance rezoning subject property, The
above-required improvements shall be installed prior to occupancy,
3. That a curbed median and dece.leration and acceleratio~ lanes shall be
constructed on Santa Ana Canyon Road to the satisfaction of the City
Enyineer, and that security in the form of a bond certificate of
deposit, letter of credit, or cash, in an amounL- and form
satisfactory to the City of Anaheim shall be posted with the City to
guarantee the satisfacto:y completion of the above^mentioned
imptovements. Said security shall be posted with the City of Anaheim
prior to adoption of the ordinance rezoning subject property to
guarantee the installation of the above-required improvements priot
to occupancy.
4. That reasonable landscaping ir.cluding irrigation facilities shall be
installed in the uncemented portion of the parkway on Pinney Drive
and Santa Ana canyon Road and the median isiand on Santa Ana Canyon
Road, and that security in the form of a bond, certificate of
dePosit, letter of credit, or cash, in an amount and form
satisfactory to the City oE Anaheim shall be posted with the City to
guarantee the satisfactory completion of the above-mentioned
improvements. Said security shall be posted with the City of Anaheim
prior to adoption of the ordinance rezoning subject property to
guarantee the in~tallation of the above-required improvements prior
to occupancy. Landscape plans sha11 be submitted with improvement
plans for approval by t he City of Anaheim. After acceptance by the
City, landscaping in the rnedian sha.il be maintained by the City.
~, mhat ~he veLicuiar access rights to Pinney Drive sha11 be dedicated
to Lhe City of Anaheim.
6. That the owner of subject ptoperty shall submit a letter requesting
termination of Reclassification No. 76-77-63 and Varianee Nc. 2946 to
t;~e Planning Department.
7. Tha.t the owner of subject property shall acquire access rights to '`'
Santa Ana Canyon Road, at those locations as approved by the City
Traffic Engineer.
8. That the owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of land as required by the
City Engineer for the construction of sidewalks along Santa Ana
Canyon Road and Pinney Drive.
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9. That prior to the introduction of an ordinance cezoning subject
property, Condition Nos. 1, 2, 3, 4, 5, 6, 7 and 8, above-mentioned,
shall be completed. The provisions oc rights 9ranted by this
resolution shall become null and void by action of the Planning
Commission unless said conditions ace complied with within one year
from the date of this reyolution, or such further time as the
Planning Commission may grant.
BE IT FURTHER RESOLVED that the Anaheim City .Planninq Commission does
hereby find and determine that adoption of this Resolution is expressly
Aredicated upon applicant's compliance with each and all of the conditions
hereinabove set Eorth. Should any such condition, or any part thereob, be
declared invalid or unenforceable by the final judg~ent of any court of
competent 7~~isdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this lst day of
APril, 1985. _
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'~' -CHAIRHAN~ ANAHEIM-CtI~NNICIG COMMISSION
ATTEST:
~t. ~ .~.~~y
SECRETARY, ANAHEIPI CITY PLANNING COFIFIISSION
STATE OF CALIPORNIA )
COUNTY OP ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregaing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission hetd on April 1,
1985, by the following vote of tl~e member~ thcreof:
AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING, LA CLAIRE, MC BURNEY
NOES: CONMISSIO:IERS: BUSHORE
ABSENT• COh7MISSIONERS: NONE
IN WITNE6S WHEREOF, I have he[eunto set rt;y hand this lst day of
April, 1985. ~ _
SECRETARY~ ANAHEIM CIT~LAN~G C MZSSION
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