PC 85-90, . ,~-.
RESULOTZON NO. PC85-90
A RESOLUTION OF THE ANAHEIM CITY PLANNING COi4MISSZON
TFIAT P6'TITION FOR VARIANCE NO. 3465 BE GRANTED
WHPREAS, the Anaheim C_Ly Planning Commission did receive a verified
Petition for Variance from JUN NISHINO, L.D.S. & MARCIA J. NISHINO, 1780
Winlock Street, Orange, Califocnia 9'1665, owners, and MERIDIA`~ CONSTRUCTION
COMPANY, INC., 14912 blinnetonka Boulevard, Minnetonka, Minnesota 55345, agent
for cectain real property situated in the City of Anahein, County of Orange,
State of California, described as follows:
PARCEL 1:
THOSE PORTIONS OF LOT 1 OF 61RS. BUSH'S SUBDIVISION OF A
PORTIOPI OF THE BUSH TRACT, IN THE COUNTY OF ORANGE~ STATE OF
CAI.ZFORNIA~ AS PER MAP RECORDED IN BOOK 36~ PAGE 52~
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
LOS ANGELES COUIJTY, CALZFORNIA, OF THE T9IRD CLASS LAND
ALLOTTED TO Y. Y. DE COTA ACCORDING TO A MAP ATTACHED TO AND
l4ADE A PART OF THE DECREE OF PARTITION OF T3E RANCHO CANON DE
SANTA ANA RENDERED IN CASE N0. 1978 OF THE 17T.H JUDICIAL
DISTRICT COURT OF CALZFORNIA, A C5'R7'ZFIED COPY OF WHZCfi IS
RECORDED IN BOOK 28, 2A,E 158 OF DEEDS, IN THE OFFICE OF SAID
COUNTY RECORDER AND OF THE LAND ALLOTTED TO MARIA PERALTA DE
ALVAREZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA
ANA, RECORDED IN BOOK B OF JUllGMENTS OF SAID 17TH JUDICIAL
UISTRICT CUURT, DESCRIBED AS FOLLOWS:
BEGINNING AT A'X° IN THE PAVEMENT [4ARKING THE I~iTERSECTION CF
THE CENTERLINE OF THE SANTA ANA CANYON ROAD AS SURVEYED IN
1926 BY THE COUNTY OF ORANGE WITiI THE SOUTHERLY EXTENSION OF
THE EAST LINE OF SAID LOT 1 OF MRS. BUSH'S SUBDIVISION~ SAID
POINT BEING 30.00 FEET NORTNERLY FR0~1 THL• NORTHWE^uT CORNER OF
LOT 1 OF TRACT NO. 936~ AS SHOWN ON A MAP RECORDED IN BOOK 30,
YNi;c;5 1 AIvU "t UF' M.L~CELLANEUUS MAPS~ RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 0° 12' 30" WEST ALONG SAID EXTENDED
LINE AND ALOtJG THE EASTERLY LINE OF SAID LOT 1 OF MRS. BUSH'S
SUBDIVISION AND THE NORTHERLY EXTENSION THEREOF 1251.74 FEET~
MORE OR LESS~ TO THE SOUTHEAST COFtNER OF THE LAND DESCRIBED IN
THE DEED TO ORANGE COUNTY WATER DISTRZCT~ RECORDED AUGUST 29,
1940 IN IIOOK 1059~ PAGE 193 OFFICIAL RECORDS, SAID POINT BEING
, 28.54 FEET NORTH 0° 12' 30' WEST FROM THE NORTHEAST CORNER OF
SAID LOT 1 OF bIRS. BUSH'S SUBD'IVISION; THENCE NORTH S1° 42'
05" WEST 186.55 FEET ALONG THE SOUTHERLY LINE OF THE LAND
DESCRIBED IN SAID DEED; THENCE NORTH 84° 29' S5' WEST 233.25
; FEET ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID
DEED~ SAID POINT BEING 23.50 FEET NORTH 0° 15' 30" WEST FROM
THE NORTHWEST CORNER OF' SAZD LOT 1 OF MRS. BUSH'S SUBDIVISION;
THENCE SOUTH 0° 15' 30' EAST 1322.41 FEE'!' ALONG THE NORTHERLY
_ EXTENSION OF THE WESTERLY LINE OF SAIJ LOT 1 OF MRS. BUSH'S
' SUBDIVISION AND ALONG THF. WES`lERLY LINE AND THE 40UTHF.RLY
EXTENSION THEREOF TO THE CENTER LINE OF SAiD SANTA AN7~ CANYON
ROAD; THENCE NORTH 87° O1' 00" EAST 415.46 FEET TO THE POINT
OF BEGINNING.
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EXCEPTING THERF:FROM THAT PORTION LYING NORTH OF THE SOUTH LINE
OF THE hiAIN CANAL OF THE SANTA ANA VALLEY IRRIGATION COMPANY.
ALSU EXCEPTING THEREFROM TFIE PORTION CONVEYED TO SANTA 4NA
VALLEY IRRIGATION COMPANY BY DEED kECORDEU JOLY 18~ 1934, AS
I:lSTRUMENT NO. 16235, IN BOOK 685~ PAGE 255, OFFICIAL RECORDS.
ALSU EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO
THE STATE OF CALIFORNIA BY DEED R~'CORDED MARCFI 2, 1948~ ?~u
INSTRU6IENT ND. 9162, IN IIOOK 1731, PAGE 517, OFFICIAL RECORDS,
NOY'E. PART OF SAID LAND IS WITHIN TRACT N0. 4958~ AS PER p1AP
RECORDED IN BOOK 208, PAGE 48 OF PIISC6:,LANEOUS MP.PS~ IN THE
OFFICE UF iHE COUNTY RECORDER OF SAID ORANGE COUNTY.
PART 2:
THAT PORTION JF THE LAND l,LLOTTED TO THE HEIRS OF DOPIINGUEZ IN
DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA,
RECORDED IN BOOfi 'R• OF JUDGMENTS OP THE 17TH JUDICIAI~ DISTRICT
COURT GF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTIOP7 OF THE NORTHERLY PRO:.ONGATION OF
THE WEST LINE OF' LOT 1 OF TRACT N0. 936, AS PER MAP RECORDED IN
BOOK 3G, PAGE 1 OF DIISCELLANEOUS MAPS~ IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, WITH TH~ CENTER LINE OF SAHTA
ANA CANYODI ROAD AS SHOWN ON SAID MAP; THENCE NORTH 87° O1' 00"
EAST~ 1252.00 FEET ALONG SAID CENTER LINE; THc,NCE NORTH 0' 34'
UU' WEST, 1170.88 FEET; THENCE SOUTH 85° 54' 35' WEST~ 650.52
FEET; THENCE SOUTH 85° 54' 35" WEST~ 650.52; THENCE NORTH 82°
47' 30" WEST, 599.10 FEET TO 't[iE WEST LINE OF SAID ALLOTPtENT;
THEP]CE SOUTHERLY 1264.$0 FEET ALONG SAID WEST LINE TO THE POINT
OF BEGINNING.
EXCEPTING THEP.EFROPf iHAT PORTION THEREOF CONVEYED TO THE SANTA
ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934~
iN bGGh yb5, YAGE 255, pFFICIAL RECORDS.
ALSO EXCEPTING THEREF'ROt4 THAT PORTION THEREOF INCLUDED WITHIN
THE BOUNDARIES OF THE LAND CONVEI'ED TO ORANGE COUNTY WATER
DISTRICT BY DEED RECORDED OCTOBER ~9~ 1938, AS INSTRUMENT N0.
29600, IN BOUK 951, PAGE 579~ OFFICIAL RECORDS.
. ALSO EXCGpTING 7'HEREFR061 THAT PORTION THEREOF DESCRIBED AS
FOLLOWS: BEGINNING AT THE SNTERSECTION OF THE NORTHERLY
PROLONGATIOIJ OF THE EASTERLY LINE OF SAIil LOT 1 WZTH SAID
C6NTER LINE; TfiENCE SOUTH 87° 16' 00" WEST, 446.10 FEET ALONG
; SAID CENTER LINE TO THE NORTHERLY PROLONGATION OF THE WESTERLY
LINE OF SAID LOT 1; THENCE NQRTH 0° 02' Op• WEST~ 44.18 FEET
ALONG SAID PROL~ONCATION; THENCE NORTH 87° 39' 38" EAST TO THE
SOUTHERLY LINE OF THE LAND DESCi2IBED IN THE DEED TO THE SANTA
ANA VALLEY IRRIGATION CODIPANY~ RECORDED IN BOOK 685~ PAGE 255~
OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID SOUTHERLY LINE ON
'; A CURVE CONCAVE NORTHERLY~ HAVING A FADIUS OF 355.00 FEET TO
THE NORTHERLY PROLONGATION OF THE EASTERLY LINE ON SAID LOT 1;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF
~ BEGINNING.
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AL50 EXCEPTING THEREFROM THAT PORTION LYING NORTH OF THF, SOUTH
LINE UI' THE MAIN CANAL UF THE SANTA ANA VALLEY IRRIGATION
COMPANY.
ALSO EX~~EPTING THEREFROM ALL GA;;, OIL~ MINERAL AND HYDROCARBON
SUBSTANCES BELOW A DEPTH OF 50C E'EET FROM THE SURFACE OF SAID
LAND, BUT WITHOUT THE RIGHT OF ENTRY UPqN t1NY PORTION OF THE
SURFACE AE30VE A DEPTH OF 500 FEt:T FOR THE PURPOSE OF EXPLORING
FOR~ gORING~ D1INIhG, DRILLING, REMOVING~ EXTRACTING OR
PIARKETING SAID SUBSTANCES, AS RESERVED BY MABEL ANN YORBA, A
WIDOPI, IN THE DEED RECORDED JANUARY 25~ 1963.
ALSO EXCEPTING THEREFROM ALL RIPARIAN RIGH'PS ATTRIBUTABLE TO
SAID LAND AS RESERVED BY MABEL ANN YORBA, A WIDOW~ IN 4'HE DEED
RECORDED JANUARY 25~ 1963.
PARCE:, 3:
ALL THAT CERTAIN REAL PROPERTY LYING WITHIN TH~ LAND ALLOTTED
TO THE HEIRS OF DOMINGUEZ AND TO THE HEIRS OF LEANDRO SERRANO
IN THE DECREE OF PARTITZON OF THE RANCkiO SANTSAGO DE SANTF, ANF~
RECORDEU IN BOOK 'B"~ pAGE 410 OF JUDGMENTS OF THE DISTRICT
COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, AND WITHIN LOT 1 OF PiRS. BUSH'S SUBDIVISION
OF A PORTION OF THE BUSH TRACT PER TRE MAP RECORDED It: BOOK 3G,
PAGE 52 OF' MISCEL~ANEOUS RECORDS OF SAID LOS ANGELES COUNTY,
SHOWN AS "S, A. ~. I, CANAL', 46.00 FEF,T IN WZDTH~ ON THE MAP
0[' TRACT N0. 4958 RECORDED IN BOpK 208, PAGES 48, 49 AND 50 OF
FIISCELL•ANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEkEAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 1, 19t35, at 1:30 p.m., notice
of said PUblic hearing having been duly 9iven as required by law and in
accordance with the provis~ons of the Anaheim Municipal Code, Chapter 18.03,
to heac and consider evidence for and anainst sa9d p~r~r~~ed ~~ariance and tu
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due i~spectior., investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and ceports offered at said hearing, does find and determine the
following Lacts:
1• That the petitioner proposes waivers of the following to
construct two (2) 19-foot high, one (1) story commereial offi.ce buildii~gs with
waivers of the follo~ing:
(a) SECTION 18.84.062.011 - Minimum buildinq setback
(100 feet required adiacent ko Santa Ana
Canvon Road; 20 to 36 feet proposed)
(b) SECTIGN 18.84.062.0142 - Minimum landscaoed setback
l10 feet required adiacent to north
pronertY line; 3 to lU feet proposed)
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Z• That the above-mentioned waivecs are hereFy granted on the
that there are special circumstances applicable to the
shape, topo9c~phy, location basis
and surroundin s Pr°pertY such as size,
identicaliy Loned property in the same vicinit ~~hich do ^ot a
of the Zonin Y; and that stricPly k~ other
9 Code deprives the property of pr.ivileges enjoyed pblication
properties in the identical zone and classification in the vicinit
the subject property has a very narrow de th ~' other
Road. p as measured frcm Y' and that
Santa Ana Canyon
3• That this variance is hereby granted subject tc the
stipulation at the public hearing to reduce the size of
on the eastern Petitioner's
property line in ordec to "B~ilding B" located
buildin9 setback frorti the allow a minimum twent
northern propecty line. Y~2~1 foot
4• That there are exceptional ~r
conditions applicable tc the property involved or
extraordinacy circumstance~ or
property that do not apply generally to the to the intended use of the
same vicinity an~ zone. Aroperty or class
of use in the
5• That the requested variance is ner.essary for the
enjoyment of a ~ubstantial propecty riyht possessed b
same vi.cinit Preservation and
Y and zone, and denied to che Y other property in the
prOp''-rtY in question.
6• That the requested variance will r,ut be materiall
the public welfare or injurious to the propect
~icinity and zone in which Y detrimental to
the propert y°L improvements in sqch
Y is located.
7• That 8 persons indicated their presence at said public hearing in
~Pposition; and that a petitiun containing approximately fifty-five
Signatures Wa~ ceceived in opposition t~, subject petition. (55)
ENVZRp_NMEN2'AL Ih1pq~T FINDING:
Commission has - the That the Anaheim Cit
reviewed proposal to Y Planning
Low-Density Residential land use ~hange the current
General Plan; y sublecttion to Commercial ProEessional on Sthe
(kesidential/A a~~ reciassif ~
~ Scenic Corr'
(Commercial, grF~ultutal ldo~°p~rty from the RS-A-43,000(SC)
f-icc .,nJ rrotessional ~nt~~~~' ""'e to the CO(SC)
construct two (2~ 19-foot hi h ~ Scenic Corridor Overla
Wai~ers of min' g~ one (1) story commerciril office buildingsewith
imum building setback and minimum land~caped setback;
aPArove tl~e removal of one (1) specimen tree on an irregularl
of land consisti^ and to
~t g of approximately 1.8 acres located at the northeast pa~cel
Santa Ana Canyon Ro~d and Pinney Drive; and does hereb
N"9ative Declaration u on corner
Declaration to p finding that it has considered ythe p~ove t,ye
9ether with any comments received during ~~,~ Negative
process and Eurther fin6ing on the ~asis of the initial study a~d uanic
ceceived that there is no LeView
substantial evidence that the oroject W~Y~c~~ents
significant effect on the envircnment.
liave a
NOW, THEREFORE, BE IT RESOLVED that he An~he'-
Commission does hereby grant subject Petition for Variance
conditions which City Planning
Araposed use of ~re hereby found to be a nece~sar ~ rhe following
9enetal welfare the subject property in order y pr ~isite to the
of the Citizens of the Cit to oreserve :he safet
Y of Anaheim: Y and
1. That thet=eeer of su9jpuiPosesealonshall pay to the City of Anaheim ~
fee Eor plantin
Dcive in an amount as determined b 9 Santa Ana Canyon Road and Pinney
Y t4e City Council. i
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Z, That prior to issuance of a building permit, the appropriate rraffic
signal assessment fee sha11 be paid to the City of Anaheim in an
amount as determined by the City Council for new commercial buildings.
3, That prior to issuance of a building pecmit, primacy water main fees
shall be paid to the City of Anaheim, in an amount as determined by
the Office of the Utilitie~ Genecal Manager.
4, That all drivewuys shall be constructed to accommod~te ten (10) foot
radius curb returns as required by tne City Traffic Engineec.
5, That drainage of subject property shall be di~pose9 of in a manner
satisfactory to the City Engineer.
6, That in the event subject propecty is to be divided for the purpose
of sale, lease, or financ:ny, a parcel map to record the approved
division of subject pcoperty shall be subMitted to and approved by
the City of Anaheim and then be cecorded in the Office of the Orenge
County Record~r.
7, That subject property shal.l be ~erved by underground utilities.
g, That prior to commencement of structural framing, fire hydrants shall
be installed anb charged as required and determined to be necessary
by the Chief of the Firc Lepartment.
q, That trash storage areas shall be provide~ and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division. In addition, the trash storage area
indicated on F.xhibit No. 2 shalJ. be relocated southe[ly away from the
single-family ~~sidences to the north to l•he satisfaction of the
St:eet t9ainten~nce and Sanitation Division.
10. That gates shall not be installed across any driveway in a manner
which may adver~Aly affnr.t v~hical~• tta_f:c ir. the adjscer.t public
street. Inatallation of any yates within a distance of forty (40)
feet from said public street right-of-way shall be subject to the
review and approval of the City Traffic Engineer.
11. That fire sprinklers shall be installed as required by the City Fire
Marshall.
lZ, That all air conditioning facilities ~hall be pcoperly shielded from
view, and the sound buffered from adjacent residential properties.
13. That the proposal shall comply with ali signing requirements of the
CO(SC) 2one, unless a variance allowiny sign waivers is approved by
the Planning Commission or City Council.
14. That a 6-foot high masoncy block wall shall be constructed and
maintained along ~he northerly property lines.
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15. That any proposed parking acea lighting fixtures shall be
down-lighted with a maximum height of 12 feet. Said lighting
fixtures shall be directed away Lrom adjacent property lines to
pcotect the reside~tial integrity of the area.
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16. That •tice busters" shall be installed to the satisfaction of the
City Traffic Er~gineer to prevent wrong-way vehicular traffic entering
and exiting the property.
17. That, as required 6y the City TcafEic Engineer, all landscaping
adjacent to the driveway areas shall be planted and maintained with
1ow-growing plant materials to ensure a clear line of sight for
vehicles enterin9 and exiting subject property.
18. That an exterior security lighting plan shall be reviewed and
approved by the Anaheim Police Department.
19. That the ownec of subject property shall present evidence to the
satisfaction of the City Engineer that the former S.A.V.i. Canal on
subject property has been properly subdivided from the cemaining
off-;ite portions of said canal.
20. That the specimen tree removal shall be subject to the tree
preservation :egulations in Chapter 18.84 of the Anaheim Mur.icipal
Code, the "SC" Scenic Corridor Overlay Zone.
21. That, as specified in Anaheim Municipal Code Section No.
18.84.062.032, no roof-mounted equipment, whatsoever, shall be
permitted.
22. That this Variance is granted subject to the adoption of the 2oning
Urdinance in connection with Reclassification No. 84-85-28, noW
pending.
23. That subject property shall be developed substantially in accordance
with plans and speciEicaticns on file with the City of Anaheim marked
Exhibit Nos. 1 through 5; provided, however, that the size of
'IIUilding B' located near the eastern property line, shall Le reduced
in order to allow a minimum 20-foot wide building setback fron the
northern property line.
24. That prior to issuance of a building permit, or within a period of
one year from the date of this cesolution, whichever occurs first~
Condition Nos. 1, 2, 3, 18, 19 and 22, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
25. That prior to final buildin9 and zoning inspections, Condition Nos.
4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 17, Zp, Z1 and 23,
above-mentioned, shall be complied with.
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PC85-90
BE IT FURTHER RcSO~VED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
heceinabove set forth. Should any ~uch condition, oc an; pact thereof, be
declared invalid or unenfocceable by the final judgment of any court of
competent jurisd~ction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FUREGOING RESOLUTION is si9ned and approved)by me this lst day of
April, 1985. /
~ ~~ci'lJ / ~t'.:y ~ J ~/
-CHAIRMAN, ANAH$IM'G,TTY PLANNING COMFIISSZON
ATTEST:
6~~ ~ '
SECRETAR ~ ANAHEIPI CITY PLANNING COFIMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY ON ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing re~olution wa~ passed and
adopted at a meeting of the Anaheim City Planning Commission held on April 1,
1985, by the fol7.owing vote of the members thereof:
AYES: COMMIS:;IUNERS: BOUA.i, FR't, HERBST~ KING, LA CLAIRE, MC BURNEY
NOES: CUMMJSSIONERS: BUSHORE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this lst dav of
April, 19ti5. ,
~~,...~ .~ ~~w -
ECRETARY~ ANAHEIM CZTY PLANNING COMMISSION
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