1985-180RESOLUTION NO. 85R-180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3465.
WHEREAS, after a request for variance by JUN NISHINO
and MARCIA J. NISHINO, owners and MERIDIAN CONSTRUCTION COMPANY,
INC., agent, was received, a public hearing before the Planning
Commission of the City of Anaheim was held upon due and proper
notice, a result of which Variance No. 3465 was granted covering
the following described property:
PARCEL l:
THOSE PORTIONS OF LOT 1 OF MRS. BUSH'S SUBDIVISION OF
A PORTION OF THE BUSH TRACT, IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36,
PAGE 52, MISCELLANEOUS RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, OF
THE THIRD CLASS LAND ALLOTTED TO Y. Y. DE COTA
ACCORDING TO A MAP ATTACHED TO AND MADE A PART OF THE
DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA
RENDERED IN CASE NO. 1978 OF THE 17TH JUDICIAL
DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF
WHICH IS RECORDED IN BOOK 28, PAGE 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 JUDGMENTS OF SAID 17TH JUDICIAL
DISTRICT COURT, DESCRIBED AS FOLLOWS:
BEGINNING AT A "X" IN THE PAVEMENT MARKING THE
INTERSECTION OF THE CENTERLINE OF THE SANTA ANA CANYON
ROAD AS SURVEYED IN 1926 BY THE COUNTY OF ORANGE WITH
THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1
OF MRS. BUSH'S SUBDIVISION, SAID POINT BEING 30.00
FEET NORTHERLY FROM THE NORTHWEST CORNER OF LOT 1 OF
TRACT NO. 936, AS SHOWN ON A MAP RECORDED IN BOOK 30,
PAGES 1 AND 2 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA; THENCE NORTH 0° 12' 30" WEST
ALONG SAID EXTENDED LINE AND ALONG 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 CORNER OF THE LAND DESCRIBED IN
THE DEED TO ORANGE COUNTY WATER DISTRICT, RECORDED
AUGUST 29, 1940 IN BOOK 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 MRS.
BUSH'S SUBDIVISION; THENCE NORTH 81° 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
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SAID LOT 1 OF MRS. BUSH'S SUBDIVISION; THENCE SOUTH 0°
15' 30" EAST 1322.41 FEET ALONG THE NORTHERLY
EXTENSION OF THE WESTERLY LINE OF SAID LOT 1 OF MRS.
BUSH'S SUBDIVISION AND ALONG THE WESTERLY LINE AND THE
SOUTHERLY EXTENSION THEREOF TO THE CENTER LINE OF SAID
SANTA ANA CANYON ROAD; THENCE NORTH 87° O1' 00" EAST
415.46 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING NORTH OF THE
SOUTH LINE OF THE MAIN CANAL OF THE SANTA ANA VALLEY
IRRIGATION COMPANY.
ALSO EXCEPTING THEREFROM THE PORTION CONVEYED TO SANTA
ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY
18, 1934, AS INSTRUMENT NO. 16235, IN BOOK 685, PAGE
255, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED
MARCH 2, 1948, AS INSTRUMENT NO. 9162, IN BOOK 1731,
PAGE 517, OFFICIAL RECORDS.
NOTE. PART OF SAID LAND IS WITHIN TRACT NO. 4958, AS
PER MAP RECORDED IN BOOK 208, PAGE 48 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
PART 2:
THAT PORTION OF THE LAND ALLOTTED TO THE HEIRS OF
DOMINGUEZ IN DECREE OF PARTITION OF THE RANCHO
SANTIAGO DE SANTA ANA, RECORDED IN BOOK "B" OF
JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY
PROLONGATION OF THE WEST LINE OF LOT 1 OF TRACT NO.
936, AS PER MAP RECORDED IN BOOK 30, PAGE 1 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, WITH THE CENTER LINE OF SANTA
ANA CANYON ROAD AS SHOWN ON SAID MAP; THENCE NORTH 87°
Ol' 00" EAST, 1252.00 FEET ALONG SAID CENTER LINE;
THENCE NORTH 0° 34' 00" 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 THE WEST LINE OF SAID ALLOTMENT; THENCE
SOUTHERLY 1264.80 FEET ALONG SAID WEST LINE TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION
THE SANTA ANA VALLEY IRRIGATION
RECORDED JULY 18, 1934, IN BOOK
OFFICIAL RECORDS.
THEREOF CONVEYED TO
COMPANY BY DEED
685, PAGE 255,
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ALSO EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED
WITHIN THE BOUNDARIES OF THE LAND CONVEYED TO ORANGE
COUNTY WATER DISTRICT BY DEED RECORDED OCTOBER 29,
1938, AS INSTRUMENT NO. 29600, IN BOOK 951, PAGE 579,
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION
OF THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF
SAID LOT 1 WITH SAID CENTER LINE; THENCE 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 NORTH 0° 02' 00" WEST, 44.18 FEET ALONG
SAID PROLONGATION; THENCE NORTH 87° 39' 38" 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 SOUTHERLY LINE ON A CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 355.00 FEET TO THE
NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID
LOT 1; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO
THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTH OF
THE SOUTH LINE OF THE MAIN CANAL OF THE SANTA ANA
VALLEY IRRIGATION COMPANY.
ALSO EXCEPTING THEREFROM ALL GAS, OIL, MINERAL AND
HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET FROM
THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF
ENTRY UPON ANY PORTION OF THE SURFACE ABOVE A DEPTH OF
500 FEET FOR THE PURPOSE OF EXPLORING FOR, BORING,
MINING, DRILLING, REMOVING, EXTRACTING OR MARKETING
SAID SUBSTANCES, AS RESERVED BY MABEL ANN YORBA, A
WIDOW, IN THE DEED RECORDED JANUARY 25, 1963.
ALSO EXCEPTING THEREFROM ALL RIPARIAN RIGHTS
ATTRIBUTABLE TO SAID LAND AS RESERVED BY MABEL ANN
YORBA, A WIDOW, IN THE DEED RECORDED JANUARY 25, 1963.
PARCEL 3:
ALL THAT CERTAIN REAL PROPERTY LYING WITHIN THE LAND
ALLOTTED TO THE HEIRS OF DOMINGUEZ AND TO THE HEIRS OF
LEANDRO SERRANO IN THE DECREE OF PARTITION OF THE
RANCHO SANTIAGO DE SANTA ANA RECORDED 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 MRS. BUSH'S
SUBDIVISION OF A PORTION OF THE BUSH TRACT PER THE MAP
RECORDED IN BOOK 36, PAGE 52 OF MISCELLANEOUS RECORDS
OF SAID LOS ANGELES COUNTY, SHOWN AS "S. A. V. I.
CANAL", 46.00 FEET IN WIDTH, ON THE MAP OF TRACT NO.
4958 RECORDED IN BOOK 208, PAGES 48, 49 AND 50 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; and
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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 permitting two 19-foot high, one-story
commercial office buildings on the property hereinbefore described
with waivers of the following sections of the Anaheim Municipal
Code:
SECTION 18.84.062.011 - Minimum building setback.
(100 feet required adjacent to
Santa Ana Canyon Road; 20 to 36
feet proposed)
SECTION 18.84.062.0142 - Minimum landscaped setback.
(10 feet required adjacent to
north property line; 3 to 10
feet proposed)
That said variance be granted subject to the following conditions:
1. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Santa Ana Canyon
Road and Pinney Drive in an amount as determined by the City
Council.
2. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall 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 permit, primary
water main fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
4. That all driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
5. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
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6. That in the event subject property is to be divided for
the purpose of sale, lease, or financing, a parcel map to record
the approved division of subject property shall be submitted to and
approved by the City of Anaheim and then be recorded in the Office
of the Orange County Recorder.
7. That subject property shall be served by underground
utilities.
8. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department.
9. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division. In addition, the trash
storage area indicated on Exhibit No. 2 shall be relocated
southerly away from the single-family residences to the north to
the satisfaction of the Street Maintenance and Sanitation Division.
10. That gates shall not be installed across any driveway in
a manner which may adversely affect vehicular traffic in the
adjacent public street. Installation of any gates 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 Marshal.
12. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from adjacent
residential properties.
13. That the proposal shall comply with all signing
requirements of the CO(SC) Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
14. That a 6-foot high masonry block wall shall be
constructed and maintained along the northerly property lines.
15. That any proposed parking area lighting fixtures shall be
down-lighted with a maximum height of 12 feet. Said lighting
fixtures shall be directed away from adjacent property lines to
protect the residential integrity of the area.
16. That "tire busters" shall be installed to the
satisfaction of the City Traffic Engineer to prevent wrong-way
vehicular traffic entering and exiting the property.
17. That, as required by the City Traffic Engineer, all
landscaping adjacent to the driveway areas shall be planted and
maintained with low-growing plant materials to ensure a clear line
of sight for vehicles entering and exiting subject property.
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18. That an exterior security lighting plan shall be reviewed
and approved by the Anaheim Police Department.
19. That the owner 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
remaining off-site portions of said canal.
20. That the specimen tree removal shall be subject to the
tree preservation regulations in Chapter 18.84 of the Anaheim
Municipal 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 Zoning Ordinance in connection with Reclassification No.
84-85-28, now pending.
23. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 through 5; provided, however, that
the size of "Building B" located near the eastern property line,
shall be reduced in order to allow a minimum 20-foot wide building
setback from the northern property line; and that the landscaping,
including "boxed" trees along the north property line, shall be
installed as shown on the landscaping plan submitted to the City
Council on May 7, 1985, and labeled Exhibit No. 6.
24. That prior to issuance of a building permit, or within a
period of one year from the date of this resolution, 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 building and zoning inspections,
Condition Nos. 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 17, 20, 21 and
23, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that adoption of this
Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 7th day of May, 1985.
I~~
MAYOR OF THE CITY ANAHEIM
ATTEST:
~P 9~.Gr~l~ /` t_
CITX CLERK OF THE CITY OF ANAHEIM
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061185 _.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R -180 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 7th day of May, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickier, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R -180 on the 7th day of May, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 7th day of May, 1985.
CITY CLERK OF THE" CI tDF AN IM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R -180 duly passed and
adopted by the Anaheim City Council on May 7, 1985.
CITY CLERK