Loading...
Resolution-PC 2004-116. ' . 1 . . . ~ ' . . . . . . . . -\ . ~.. .~ . . . . ~ .. . . . . ~ ~ ~ . ~\\ r ~~ • .~ ~. . . . ~ . ~ ~ ~ ~ ~ ~ ~ . RESOLUTION NO. PC2004-116 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04847 BE GRANTED (1501 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as PARCEL 1: THE EAST 110.00 FEET OF THE WEST 200.00 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON QE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, DISTANT THEREON 220 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID SECTION 9, 606.95 FEET; THENCE NORTH PARALLEL TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 TO A POINT IN THE CENTERLINE OF THE 80-FOOT STATE HIGHWAY, AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED JANUARY 17, 1935 IN BOOK 724, PAGE 350, OFFICIAL RECORDS; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID STATE HIGHWAY TO ITS INTERSECTION WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTH ALONG SAID WEST LINE 198.11 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION, 220.00 FEET NORTH 0° 43' 06" WEST FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0° 43' 06" EAST 40.86 FEET ALONG SAID WEST LINE TO A PO1NT LOCATED 8.50 FEET NORTHEASTERLY ON THE CENTERLINE OF A SWITCH TRACK OF RAILROAD, SAID DISTANCE MEASURED AT RIGHT ANGLES TO SAID TRACK; THENCE ALONG A LINE PARALLEL TO AND 8.50 FEET NORTHERLY OF SAID CENTERLINE OF SAID RAILROAD TRACK THROUGH THE FOLLOWING COURSES AND DISTANCES WHICH FOLLOW APPROXIMATELY BUT NOT EXACTLY THE CURVE OF SAID TRACK, SOUTH 84° 21' 01" EAST 25.15 FEET; SOUTH 87° 37' 38" EAST 25.04 FEET NORTH 89° 44' 29" EAST 25.00 FEET; NORTH 86° 49' 51" EAST 25.02 FEET; NORTH 82° 49' 23" EAST, 25.16 FEET; NORTH 81° 11' 58" EAST 25.25 FEET; NORTH 82° 06' 00" EAST 25.20 FEET; NORTH 85° 28' 58" EAST 25.06 FEET; THENCE LEAVING SAID TRACK NORTH 0° 42' 06" WEST, 32.94 FEET, MORE OR LESS, TO A POINT IN THE LINE PARALLEL TO AND 220.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 89° 16' 54" WEST 200.00 ~FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING. Cr\PC2004-116 -1- PC2004-116 ~ • EXCEPTING THEREFROM THE WEST 90 FEET OF THE NORTH 2.20 FEET. SAID LAND 1S INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED FOR RECORD IN BOOK 20, PAGE 22 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF THE SOUTHEAST QUARTER OF THE ' SOUTHWEST QUARTER OF SAID SECTION 9, DISTANT THEREON 217.80 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER THENCE EAST PARALLEL TO THE SOUTH LINE OF SECTION 9, 90.00 FEET; THENCE NORTH PARALLEL TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 T0 A POINT IN THE CENTERLINE OF THE 80 FOOT STATE HIGHWAY, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 17, 1935 JN BOOK 724, PAGE 350, OFFICIAL RECORDS; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID STATE HIGHWAY TO ITS INTERSECTION WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE , SOUTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTH ALONG WEST LINE 200.31 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, WITH THE CENTERLINE OF MANCHESTER BOULEVARD, 80 FEET WIDE, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 17, 1935 IN BOOK 724, PAGE 350, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THENCE ALONG SAID CENTERLINE OF MANCHESTER BOULEVARD, SOUTH 79° 45' 07" EAST, 84.15 FEET; THENCE SOUTH 10° 14' S3" WEST, 40.00 FEET TO THE SOUTHERLY LINE OF SAID MANCHESTER BOULEVARD; THENCE SOUTH 86° 45' 00" WEST 28.53 FEET; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY TANGENT TO THE LAST DESCRIBED COURSE AND HAVING A RADIUS OF 20 FEET, THROUGH AN ANGLE OF 76° 00' 00" AN ARC DISTANCE OF 26.53 FEET; THENCE TANGENT, SOUTH 10° 45' 00" WEST, 38.86 FEET TO THE EASTERLY LINE OF LOARA STREET, 40 FEET THE CENTERLINE OF WHICH STREET 1S SAID WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE SOUTH 89° 15' 10" WEST, 20.00 FEET TO SAID WEST LINE; THENCE ALONG SAID WEST LINE, NORTH 0° 44' 50" WEST, 110.63 FEET TO THE POINT OF BEGINNING, AS GRANTED TO THE STATE OF CALIFORNIA, BY DEED RECORDED FEBRUARY 1, 1950 IN BOOK 1962, PAGE 266 OF OFFICIAL RECORDS. PARCEL 4: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH 0° 43' 06" WEST 157.60 FEET ALONG THE WEST LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SAID WEST LINE BEING THE CENTERLINE OF LOARA STREET; THENCE NORTH 89° 16' 54" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT 1N THE EAST LINE OF SAID LOARA STREET; THENCE NORTH -2- PC2004-116 ~ ~ 89° 16' 54"EAST 160.00 FEET; THENCE SOUTH 0° 43' 06" EAST, 107.2 FEET ALONG A LINE PARALLEL TO THE CENTERLINE OF SAID LOARA STREET TO A POINT IN THE NORTHEASTERLY LINE OF THE SOUTHERN PACIFIC - RAILWAY RIGHT OF WAY-100.00 FEET WIDE, AS DESCRIBED IN THE DEED TO CONTRACT AND FINANCE COMPANY RECORDED OCTOBER 7, 1874 IN BOOK 31, PAGE 377 -0F DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH 57° 12' 16" WEST 191.91 FEET ALONG THE SAID NORTHEASTERLY RIGHT OF WAYIINE TO A POINT IN THE SAID EASTERLY LINE OF LOARA STREET; THENCE NORTH 0° 43'-06" WEST 1.25 FEET ALONG THE SAID EAST LINE OF LOARA STREET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE STATE, OF CALIFORNIA RECORDED APRIL 10, 1956 IN BOOK 3468, PAGE 19 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ~ PARCEL 5: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES AS PER MAP RECORDED IN BOOK 32, PAGE 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE 1NTERSECTION OF THE WEST LINE OF SAID SOUTHEAST QUARTER WITH THE CENTERLINE OF THE 80-FOOT HIGHWAY, AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED JANUARY 17, 1935 1N BOOK 724, PAGE , 350 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID CENTERLINE 220 FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 5 IN THE LIS PENDENS RECORDED NOVEMBER 10, 1942 IN BOOK 1170, PAGE 140 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID SOUTHWESTERLY, LINE TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JUNE 30, 1950 IN BOOK 2035, PAGE 139 OF OFFICIAL RECORDS. PARCEL 6: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, RANCHO SAN JUAN CAJON, DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF THE 80 FOOT HIGHWAY DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 17, 1935 IN BOOK 724, PAGE 350 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DISTANT THEREON 220.00 FEET EASTERLY FROM THE INTERSECTION OF SAID CENTERLINE WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE EASTERLY ALONG SAID CENTERLINE 100.00 FEET; THENCE NORTHERLY PARALLEL WITH SAID WEST LINE OF THE SOUTHEAST QUARTER TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 4 IN THE NOTICE OF LIS PENDENS RECORDED NOVEMBER 10, 1942 IN BOOK 1170, PAGE 140 OF SAID OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID SOUTHWESTERLY LINE TO A LINE WHICH IS PARALLEL WITH SAID WEST LINE OF THE SOUTHEAST QUARTER EXTENDING THROUGH THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JUNE 30, 1950 IN BOOK 2035, PAGE 139 -3- PC2004-116 ~ ~ OF SAID OFFICIAL RECORDS. PARCEL 7: ' THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF THE 80-FOOT HIGHWAY AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED .1ANUARY 17, 1935 IN BOOK 724, PAGE 350 OF OFFICIAL RECORDS, DISTANT THEREON 320 FEET EASTERLY FROM THE INTERSECTION OF SAID CENTERLINE WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 AND RUNNING THENCE EASTERLY ALONG SAID CENTERLINE, 100 FEET; THENCE NORTHERLY, PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 5 IN THE NOTICE OF LIS PENDENS RECORDED NOVEMBER 10, 1942 IN BOOK 1170, PAGE 140 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID SOUTHWESTERLY LINE TO A LINE WHICH IS PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER EXTENDING THROUGH THE POINT OF BEGINNING THENCE SOUTHERLY ALONG SAID lAST MENTIONED PARALLEL LINE TO THE POINT OF BEGINNING. PARCEL 8: THAT PORTION OF THE SOUTHEAST QUARTER -0F THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS FER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF THE 80-FOOT HIGHWAY AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 17, 1935 IN BOOK 724, PAGE 350, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT THEREON 420 FEET EASTERLY FROM THE INTERSECTION OF SAID CENTERLINE WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, AND RUNNING THENCE EASTERLY ALONG SAID CENTERLINE 100 FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 5, IN THE NOTICE OF LIS PENDENS, RECORDED. NOVEMBER 10; 1942 IN BOOK 1170, PAGE 140, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE WESTERLY ALONG SAID SOUTHWESTERLY LINE TO A LINE, WHICH IS PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER EXTENDING THROUGH THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO THE POINT OF BEGINNING. PARCEL 9: PARCEL 1 OF PARCEL MAP, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 10: PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 56, PAGE 23 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF MANCHESTER AVENUE LYING NORTHERLY OF THE CENTERLINE AS SHOWN ON SAID MAP, AND LYING BETWEEN THE SOUTHERLY PROLONGATIONS OF THE EASTERLY AND WESTERLY LINES OF SAID PARCEL 11: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE STATE OF -4- PC2004-116 ~ s CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION BEING ON THE CENTERLINE OF LINCOLN AVENUE, THENCE SOUTH 89° 14' 25" WEST 41.87 FEET ALONG SAID CENTERLINE; THENCE NORTH 46° 5T 35" WEST 72.24 FEET TO THE NORTHERLY LfNE OF SAID ~INCOLN AVENUE, (50.00 FEET WIDE), AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA; RECORDED FEBRUARY 8, 1935 IN BOOK730, PAGE 2.75, OFFICIAL RECORDS; THENCE WESTERLY 216.28 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED, TO C.A. KOONTZ, ET AL., RECORDED IN BOOK 480, PAGE 217, DEEDS, THENCE NORTH 0° 44' 21" WEST 138.90 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OFBEGINNING; BEING ON THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO FRED C. PIMENTAL AND WIFE, RECORDED MARCH 29, 1946 IN BOOK 1397, PAGE 391, OFFICIAL RECORDS, THENCE NORTH 89° 29' 21" WEST 192.75 FEET ALONG SAID PROLONGATION AND NORTHERLY LINE; THENCE SOUTH 0° 44` 21" EAST 21.35 FEET TO.THE NORTHEASTERLY LINE OF MANCHESTER AVENUE, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED' IN BOOK 729, PAGE 234, OFFICIAL RECORDS, THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE TO A LINE PARALLEL WITH AND EASTERLY 756.95 FEET FROM THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY ALONG SAID PARALLELlINE TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 1954 IN BOOK 2802, PAGE 441, OFFICIAL RECORDS, THENCE SOUTHEASTERLY 316.86 ' FEET ALONG SAID SOUTHWESTERLY LINE TO THE SAID WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO G.A. KOONTZ, ET AL., THENCE SOUTH 0° 44' 21" EAST 11.69 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 12: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS THE SOUTHERLY PORTION OF THE SOUTHWEST QUARTER OF SAID SECTION 9 IS SHOWN ON A, MAP MARKED EXHIBIT "A" AND ATTACHED TO THE ORIGINAL COMPLAINT, CASE NO. 41023, SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT MARKING THE SOUTH QUARTER CORNER OF SAID SECTION 9 ON THE CENTERLINE OF LINCOLN AVENUE; THENCE SOUTH 89° 14' 25" WEST 41.87 FEET ALONG SAID CENTERLINE; THENCE NOR7H 46° 57' 35" WEST 72.24 FEET TO THE NORTHERLY LINE OF SAID LINCOLN AVENUE, 50.00 FEET WIDE, AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 8, 1935 IN BOOK 730, PAGE 275 OF OFFICIAL RECORDS OF SAID ORANGE. COUNTY; THENCE WESTERLY 216.28 FEET ALONG SAID NORTHERLY L1NE TO THE TRUE PO1NT OF BEGINNING, AT THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO G.A. KOONTZ, ET AL., RECORDED IN BOOK 480, PAGE 217 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 0° 44' 21" WEST 138.90 FEET ALONG SAID WESTERLY LINE TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE LAND DESCRIBED. IN DEED TO FRED C. PIMENTAL AND WIFE, RECORDED MARCH 29, 1946 IN BOOK 1397, PAGE 391 OF SAID OFFICIAL RECORDS; THENCE NORTH 89° 29' 21" WEST 192.75 FEET ALONG SAID NORTHERLY LINE OF PIMENTAL LAND; THENCE SOUTH 0° 44' 21" EAST 21.07 FEET TO THE NORTHEASTERLY LINE OF MANCHESTER AVENUE, AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 16, 1935 IN BOOK 729, PAGE 234 OF SAID OFFICIAL RECORDS; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE NORTHEASTERLY AND NORTHERLY LINE OF MANCHESTER AND LINCOLN AVENUE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE STATE OF -5- PC2004-116 ~ ~ CALIFORNIA RECORDED SEPTEMBEf; 7, 1953 IN BOOK 3201, PAGE 466 OF SAID OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED DECEMBER 8, 1955 IN BOOK 3308, PAGE 407 OF SAID OFFICIAL RECORDS. PARCEL 13: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS THE SOUTHERLY PORTION OF THE SOUTNWEST QUARTER OF SAID SECTION 9 IS SHOWN ONA MAP MARKED EXHIBIT "A" AND ATTACHED TO THE ORIGINAL COMPLAINT, CASE' NO. 41023, SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE; CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 9, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 89° 14' 25" WEST ALONG THE SOUTH LINE OF SAID SECTION, 41.87 FEET;`THENCE NORTH 46° 5T 35" WEST 72.24 FEET TO A POINT IN THE NORTH LINE OF THE 50-FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 8, 1935 IN BOOK 730, PAGE 275 -0F OFFICIAL RECORDS IN THE OFFICE OF. THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 89° 14' 25" WEST ALONG SAID NORTH LINE, 121.86 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED, RUNNING THENCE SOUTH 89° 14' 25" WEST ALONG SAID NORTH LINE, 94.42 FEET TO THE WEST LINE OF THE LAND CONVEYED TO MILTON M. BOOHER AND W IFE, BY DEED RECORDED MAY 23, 1944. IN BOOK 1250, PAGE 456 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTH 0° 44' 21" WEST ALONG SAID WEST LINE, 148.12 FEET TO THE SOUTHWESTERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED APRIL 27, 1954 IN BOOK 2716, PAGE 193 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE, ALONG SAID SOUTHWESTERLY LINE, ALONG A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1350 FEET, THROUGH AN ANGLE OF 7° 19' 22" AN ARC DISTANCE OF 172.53 FEET; THENCE SOUTH 45° 38' 13" WEST 29 FEET TO SAID TRUE POINT OF BEGINNING. EXCEPT THE SOUTHERLY 10 FEET THEREOF, AS GRANTED TO THE STATE OF CALIFORNIA FOR ROAD PURPOSES BY DEED RECORDED MARCH 20, 1956 IN BOOK 3441, PAGE 429 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL 14: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON A LINE PARALLEL WITH AND 220.00 FEET NORTHERLY FROM THE SOUTH LINE OF SAID SOUTHEAST QUARTER 200.00 FEET NORTH 89° 16' 54" EAST FROM THE WEST LINE THEREOF; THENCE SOUTH 0° 43' 06" EAST 32.94 FEET TO A 1 INCH PIPE 8.50 FEET NORTH FROM CENTERLINE OF THE SWITCH TRACK OF THE RAILROAD; THENCE NORTH 88° 15' 02" EAST 30.00 FEET PARALLEL WITH SAID CENTERLINE TO A 1 INCH IRON PIPE; THENCE NORTH 89° 16' 54" EAST 186.95 FEET PARALLEL WITH SAID CENTERLINE TO A POINT ON A LINE PARALLEL WITH AND 416.95 FEET EASTERLY FROM SAID WEST LINE AND 187.60 FEET NORTHERLY MEASURED ALONG SAID PARALLELLINE -6- PC2004-116 s • FROM THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 0° 43' 06" WEST 105.62 FEET TO A 1 INCH 1RON PIPE, MARKING THE INTERSECTION OF SAID LINE WITH THE SOUTHWESTERLY LINE OF THE STATE HIGHWAY AS DESCRIBED IN DEED RECORDED JANUARY 17, 1935 IN BOOK 724, PAGE 350 OF OFFICIAL RECORDS THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE TO A LINE BEARING NORTH 0° 43' 06" WEST FROM THE POINT OF BEGINNING THENCE SOUTH 0° 43''06" EAST 118.47 FEET TO THE POINT OF BEGINNING. PARCEL 15: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF' SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER 220 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 606,95 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE; SAID SOUTHEAST QUARTER 220 FEET TO THE SOUTH LINE OF SAID SECTION;'THENCE WEST ALONG SAID SOUTH LINE 606.95 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY, AS DESCRIBED IN THE DEED TO CONTRACT AND FINANCE COMPANY RECORDED OCTOBER 7, 1874 IN BOOK 31, PAGE 377 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. ALSO EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, SAID POINT BEING LOCATED 220.00 FEET NORTH 00° 43' 06" WEST FROM THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE FROM SAID POINT OF BEGINNING SOUTH 0° 43' 06" EAST 40.86 FEET; ALONG SAID WEST LINE TO A POINT LOCATED 8.50 FEET NORTHEASTERLY OF THE CENTERLINE OF THE SWITCH TRACK OF RAILROAD, SAID DISTANCE MEASURED AT RIGHT ANGLES TO SAID TRACK THENCE ALONG A LINE PARALLEL AND 8.50 FEET NORTHERLY OF SAID CENTERLINE OF SAID RAILROAD TRACK THROUGH THE FOLLOWING COURSES AND DISTANCES WHICH FOLLOW APPROXIMATELY, BUT NOT EXACTLY THE CURVE OF SAID TRACK SOUTH 84° 21' 01" EAST 25.15 FEET SOUTH 87° 37' 38" EAST 25.04 FEET; NORTH 89° 44' 29" EAST 25.00 FEET; NORTH 86° 49' 51" EAST 25.02 FEET; NORTH 82° 49' 23" EAST 25.16 FEET; NORTH 81° 11' 58" EAST 25.25 FEET; NORTH 82° 06' 00" EAST 25.20 FEET NORTH 85° 28" 58" EAST 25.06 FEET; THENCE LEAVING SAID TRACK NORTH 0° 43' 06" WEST 32.94 FEET, MORE OR LESS, TO A POINT IN A LINE PARALLEL TO AND 220.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE SOUTH 89° 16' 54" WEST 200.00 FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION WCLUDED WITHIN THE LAND DESCRIBED IN THE DEED TO CHARLES ROSS DEAN AND WIFE, RECORDED OCTOBER 31, 1951 IN BOOK 2248, PAGE 88 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THE DEED TO ORANGE EMPIRE HONEY PRODUCERS, A CORPORATION, RECORDED NOVEMBER 3, 1948 IN BOOK 1724, PAGE 221 OF OFFICIAL RECORDS. -7- PC2004-116 ~ ~ ALSO EXCEPT THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 28, 1956 IN BOOK 3625, PAGE 536 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION THEREOF LYING WITNIN MANCHESTER AVENUE, AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 17, 1935 iN BOOK 724, PAGE, 350, OFFICIALRECORDS. ALSO EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY LINE OF THE FOLLOWING DESCRIBED PARCEL OF LAND. BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 9, SAID POINT BEING NORTH 89° 16' 54" EAST 606.95 FEET FROM THE SOUTHWEST CORNER OF SA{D SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, ALSO BEING THE INTERSECTION OF THE LINCOLN AVENUE AND LOARA 'STREET; THENCE ALONG SAID SOUTHERLY LINE OF SECTION 9, SOUTH 89° 16' 54" WEST 150.00 FEET; THENCE PARALLEL WITH SAID CENTERLINE OF LOARA STREET AND WEST LINE OF , SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER NORTH 0° 43' 06" WEST 280.49 ' FEET TO THE SOUTHERLY RIGHT OF, WAY FOR MANCHESTER AVENUE : PER DEED RECORDED IN BOOK 724, PAGE 350 OF OFFICIAL RECORDS OF SAID COUNTY, SAID : RIGHT OF WAY BEfNG A CURVE CONCAVE SOUTNERLY AND HAVING A RADIUS OF 960.00 FEET A RADIAL TO SAID POINT BEARING SOUTH 17° 38' 20" WEST; THENCE EASTERLY 163.44 FEET ALONG SAID CURVE RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 9° . 45' 16" TO A POINT IN A LINE BEARING NORTH 0° 43' 06" WEST FROM THE POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH 0° 43' 06" EAST 216.09 FEET TO THE POINT OF BEGINNING. PARCEL 16: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED W BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A LINE PARALLEL TO AND 220.00 FEET NORTHERLY FROM THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, SAID POINT BEING LOCATED 416.95 FEET NORTH 89° 16' 54" EAST FROM THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8; THENCE FROM SAID POINT OF BEGINNING NORTH 89° 16' 54" EAST 180.00 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF THE STATE HIGHWAY AS DESCRIBED IN DEED RECORDED JANUARY 17, 1935 IN BOOK 724, PAGE 350 OF OFFICIAL RECORDS; THENCE NORTHWESTERLY ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE TO THE STATE HIGHWAY TO ITS INTERSECTION WITH A LINE DRAWN THROUGH THE POINT OF BEGINNING NORTH 0° 43' 06" WEST; THENCE SOUTH 0° 43' 06" EAST 73.22 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 9, SAID POINT BEING NORTH 89° 16' 54" EAST 606.95 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, ALSO BEING THE WTERSECTION OF THE CENTERLINE OF LINCOLN AVENUE AND LOARA STREET; THENCE ALONG SAID SOUTHERLY LINE OF SECTION 9, SOUTH 89° 16' 54" WEST 150.00 ' FEET; THENCE PARALLEL WITH SAID CENTERLINE OF LOARA STREET AND WEST LINE OF SAID SOUTHEAST QUARTER OF SOUTHWEST QUARTER, NORTH 0° 43' 06" WEST `280.49 FEET TO THE SOUTHERLY RIGHT OF WAY OF MANCHESTER AVENUE, PER DEED -8- PC2004-116 ~ • RECORDED IN BOOK 724, .PAGE 350 OF OFFICIAL RECORDS OF SAID COUNTY, SAID RIGHT OF WAY LINE BEING A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 960.00 FEET, A RADIAL TO SAID POINT BEARING SOUTH 17° 38' 20" WEST; THENCE EASTERLY 163.44 FEET ALONG SAID CURVED R1GHT OF WAY LINE`THROUGH A CENTRAL ANGLE OF 9° 45' 16" TO A POINT IN A LINE BEARING NORTH 0° 43' 06" WEST. FROM THE POINT OF BEGINNING THENCE ALONG SAID LINE SOUTH 0° 43' 06" EAST 216.09 FEET TO THE POINT OF BEGINNING. PARCEL 17: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF 1NTERSECTION OF THE WESTERLY LINE OF THAT PORTION OF THE "SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 CONVEYED TO H.O. DANNEMANN BY DEED RECORDED JUNE 3, '1926 IN BOOK 655, PAGE 97 OF DEEDS, WITH A LINE WHICH IS PARALLEL WITH. AND DISTANT NORTHERLY 50.00 FEET FROM THE CENTERLINE-0F LINCOLN AVENUE, WHICH CENTERLINE IS THE SOUTH LINE OF SAID SECTION 9; THENCE NORTH 89° 16' 54" EAST ALONG SAID PARALLEL UNE, A' DISTANCE OF 147.47 FEET; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH AN ANGLE OF 139° 50' 16" A DISTANCE OF 73.22 FEET TO A POINT OF COMPOUND CURVE; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 960 FEET, A DISTANCE OF 205 FEET, MORE OR LESS, TO A POINT IN THE SAID WESTERLY LINE OF THE PROPERTY SO CONVEYED TO - H.O. DANNEMANN AS HEREINABOVE MENTIONED; THENCE SOUTHERLY THEREON T0 THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED 1N DEED TO THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 27, 1957 IN BOOK 4050, PAGE 359 OF OFFICIAL RECORDS. PARCEL 18: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 9, SAID PO1NT BEING NORTH 89° 16' 54" EAST 606.95 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, ALSO BEING THE INTERSECTION OF THE CENTERLINE OF LINCOLN AVENUE AND LOARA STREET; THENCE ALONG SAID SOUTHERLY LINE OF SECTION 9, SOUTH 89° 16' 54" WEST 150.00 FEET; THENCE, PARALLEL WITH SAID CENTERLINE OF LOARA STREET AND WEST LINE OF SAID SOUTHEAST QUARTER OF SOUTHWEST QUARTER NORTH 0° 43' 06" WEST 280.49 FEET TO THE SOUTHERLY RIGHT OF WAY OF MANCHESTER AVENUE, PER DEED RECORDED IN BOOK 724, PAGE 350 OF OFFICIAL RECORQS OF SAID COUNTY, SAID RIGHT OF WAY LINE BEING A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 960.00 FEET, A RADIAL TO SAID POINT BEARING SOUTH 17° 38' 20" WEST; THENCE EASTERLY ALONG SAID CURVED RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 9° 45 16" AND AN ARC LENGTH OF 163.44 FEET TO A POINT IN A LINE BEARING NORTH 0° 43' 06" WEST FROM THE POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH 0° 43' 06" EAST 216.09 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA PER DEED RECORDED AUGUST 28, 1956 IN BOOK 3625, PAGE 536 OF OFFICIAL RECORDS OF SAID COUNTY. -g- PC2004-116 ~ ~ PARCEL 19: THOSE PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN ' JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, ` IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED W THE DEEDS TO THE STATE -0F CALIFORNIA RECORDED FEBRUARY 1, 1950 IN BOOK 1962, PAGE 266, OFFICIAL RECORDS AND RECORDED JUNE 30, 1950 IN BOOK 2035, PAGE 139, OFFICIAL RECORDS. _ PARCEL 20: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: AS A STRIP OF LAND 80 FEET WIDE, BEING 40 FEET WIDE ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT A POINT ON THE WEST LINE OF THE SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 OF SECTION 9, DISTANT N. 0° 43' 06" W., THEREON, 418.11 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING 5: 79° 43' 06" E, A DISTANCE OF 351 .88 FEET THENCE SOUTHEASTERLY ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1000 FEET THROUGH AN ANGLE OF 30° 56' A DISTANCE OF 539.89 FEET; THENCE TANGENT S 48° 47' 06" E. A DISTANCE OF 169.38FEET TO A POINT IN THE CENTERLINE OF LINCOLN AVENUE, 60 FEET WIDE, SAID CENTERLINE BEING THE SOUTH LINE OF THE SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 OF SECTION 9, DISTANT THEREON N. 89° 16' S4" E., 948.88 FEET FROM THE SAID SOUTHEAST CORNER OF THE SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 OF SECTION 9. EXCEPT THAT PORTION DESCRIBED IN THE RELINQUISHMENT IN FAVOR OF THE CITY OF ANAHEIM, RECORDED FEBRUARY 10, 1958 IN BOOK 4192, PAGE 170 OF OFFICIAL RECORDS. ALSO EXCEPT THOSE PORTIONS DESCRIBED IN PARCELS 1, 3, 7, 8, 9, 10 AND 19 ABOVE. ALSO EXCEPT ANY PORTION LYING WITHIN LINCOLN AVENUE. PARCEL 21: THAT PORTION OF THE FOLLOWING DESCRIBED LAND LYING WITH THE RELINQUISHMENT IN FAVOR OF THE CITY OF ANAHEIM, RECORDED FEBRUARY 10, 1958 IN BOOK 4192, PAGE 170 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: AS A STRIP OF LAND 80 FEET WIDE, BEING 40 FEET WIDE ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE WEST LINE OF, THE SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 OF SECTION 9, DISTANT N. 0° 43' 06" W., THEREON 418.11 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING S. 79° 43' 06" E., A DISTANCE OF 351.88 FEET THENCE SOUTHEASTERLY ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1000 FEET THROUGH AN ANGLE OF 30° 56', A DISTANCE OF 539.89 FEET; THENCE TANGENT S. 48° 4T 06" E., A DISTANCE OF 169.38 -10- PC2004-116 ~- • FEET TO A POINT IN THE CENTE~tLINE OF LINCOLN AVENUE, 60 FEET WIDE, SAID CENTERLINE BEING THE SOUTH LINE OF THE SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 OF SECTION 9, DISTANT THEREON N. 89° 16' 54" E., 948.88 FEET FROM THE SAID SOUTHEAST CORNER OF THE SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 OF SECTION 9. EXCEPT ANY PORTION LYING WITHIN LINCOLN AVENUE. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 4, 2004, at 1:30 p.m:, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes approval of a conditional use permit to establish an automotive sales dealership with automotive repair and a freeway-oriented sign, and to replace an existing legal nonconforming freestanding (monopole) telecommunications facility with a temporary telecommunications facility, with waivers of the following: (a) SECTION NO. 18.08.060.010 - Minimum landscape and structural setback abuttinq an arterial hiqhway (15 feet, fully landscaped required; 3 fully landscaped proposed along the I-5 Freeway, and 10 to 30 feet, fully landscaped, proposed along Lincoln Avenue) (b) SECTION NO. 18.08.060.010 - Minimum landscape and structurai setback abuttinq a local street (10 feet, fully landscaped ' required; 5 feet, fully landscaped proposed along Loara Street) (c) SECTION NO. 18.40.060.030 - Requi,red improvement of public riqht-of-wav (Construction of a sidewalk and street trees along Loara Street required; no sidewalk or trees proposed) (d) SECTION NO. 18.42.040.010 - Minimum number of parking spaces ~DELETED) (e) SECTION NO. 18.44.090.050 - Minimum distance between freestanding siqns (DELETED) (f) SECTION NO. 18.44.100 - Maximum heiqht and size of freeway-oriented siqn (150 square foot wall sign permitted; 840 square foot wall sign proposed (letter height not to exceed 6 feet)) (g) SECTION NOS. 18.44.110.010 - Maximum number, heiqht, and size of wall sipns AND 18.44.110.030 (200 square foot wall sign with 3-foot high letters permitted; 840 square foot wall sign with letter height not to exceed 4-foot high, proposed) -11- PC2004-116 * ~ 2. That the above-mentioned waiVers (a), (b) and (c) are hereby granted on the basis that there are special circumstances applicable to the property such as the location and unique characteristics of the existing property, which do not apply to the majority of identically zoned properties in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. - 3. That above-mentioned waivers (d) and (e) are hereby denied on the basis that said waivers ' were deemed unnecessary subsequent to advertisement. 4. That waiver (f) is hereby approved, in part, with a letter height not to exceed six (6) feet. 5. That waiver (g) is hereby approved, in part; with a letter height not to exceed four (4) feet. 6. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property, such as the special circumstances applicable to Loara Street, a local industrial street, that do not apply generally to the property or class of use in the same vicinity and zone. 7. That the requested waivers are necessary for the preservation and enjoyment of a substantial properfy right possessed by other property in the same vicinity and zone. 8. That the requested waivers will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 9. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040.0402 10. That the proposed automotive dealership with automotive repair, as conditioned, herein would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 11. That the size and shape of the site for the automotive dealership with automotive repair are adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health and safety of the citizens of Anaheim. 12. That the traffic generated by the automotive dealership would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 13. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 14. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That an Initial Study (a copy of which is available for review in the Planning Department) has been prepared and concluded that no significant environmental impact would occur and, therefore, a Negative Declaration shall be approved upon a finding by the Planning Commission fhat the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the lnitial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: -12- ` PC2004-116 ~ ~ 1. That a final site plan shall be submitted showing the specific location of the temporary monopole and related equipment for review and approval by Planning and Community Development Department staff. After construction of the automobile facility is completed, the telecommunications facility shall be architecturally integrated into the design of the building by use of materials compatible with the building., If the roof-mounted antennas cannot be screened from view, then approval of a conditional use permit at a noticed public hearing shall be required in order to construct a new telecommunications facility. 2. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 3. That the delivery of vehicles by automotive transport trucks shall not be'permitted within any public rights-of-way. All inventory and merchandise shall be independently delivered and loaded entirely on the property. A plan shall be submitted to the City Traffic and Transportation Manager showing the ioading space(s) for trucks in conformance with Code requirements. 4. That all roof- and/or ground-mounted equipment shall be completely screened from visibility of surrounding streets and freeways in conformance with Code Section No. 18.38:170. Said information shall be specifically shown on plans submitted for building permits. 5. That no trucks'shal( be parked or stored anywhere on the subject property for the'purpose of advertising for this automotive dealership. 6. That a valid business license shall be obtained from the City of Anaheim, Business License Division of the Planning Departmentfor all businesses on the property. 7. That roof-mounted balloons or other inflated devices shall not be permitted on the property. 8. That no off-site signage shall be permitted. 9. That no portable signage shall be utilized to advertise any activities on the subject site. 10. That the petitioner shall submit final sign plans for review and approval by Planning and Community Development Department staff. Any decision made by the staff regarding said plan may be appealed to the Planning Commission and/or City Council. 11. That the petitioner shall submit final building elevation plans for review and approval by Planning and Community Development Department staff. Any decision made by the staff regarding said plan may be appealed to the Planning Commission and/or City Council. 12. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 13. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removaf of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 14. That a final landscape plan for the entire site, indicating type, size and location of proposed landscaping and irrigation, shall be submitted to the Planning Services Division for review and approval by the Planning Commission as a Reports and Recommendations item. Any decision made by the Planning Department regarding said plan may be appealed to the Planning Commission and/or City Council. 15. That the developer shall construct curb and gutter twelve (12) feet from the street centerline, and an eight (8) foot wide~sidewalk with minimum 24-inch box sized street trees in tree planters spaced a maximum 40-feet on-center in the public right-of-way along Loara Street in conformance with Public -13- PC2004-116 ~ ~ Works Standard Detail 110. Said information shall be specifically shown on plans submitted for Community Services, Public Works, CommunityDevelopment, and Planning Department approvaL 16. That the developer shall install minimum 24-inch box sized street trees in the public right-of-way along Lincoln Avenue. Said information shall be specifically shown on plans submitted for Community Services, Public Works, Community Development, and Planning Department approvaL 17. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it ' is removed, damaged, diseased and/or dead. 18. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department;'Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 19. That aplan sheet for solid waste storage and collection and a planfor recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approvaL 20. That an on-site trash truck turnaround shall be provided and maintained in conformance with Standard Engineering Plan No. 476. Said turnaround area shall be specifically shown on plans submitted for building permits. - 21. That the water backflow equipment shall be above ground, outside of the street setback area in a manner fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Inspector before submittal for building permits. 22. That the accessory car wash facility shall comply with all state laws and local ordinances for Water Conservation Measures. 23. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street(s). Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 24. That any proposed security bollards shall be decorative and submitted to the Planning Services Division of the Planning Department for review and approval of design and placement. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission, and/or City Council. Said information shall be specifically shown on plans submitted for building permits. 25. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the sign or wall/fence location. Said information shall be specifically shown on the plans submitted for building permits. 26. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115 and shown on plans submitted for building permits. 27. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 470, and 471 -14- PC2004-116 ~ ~ pertaining to parking standards and driveway locations: Employee and customer parking shall be provided within the parking structure in conformance with Code requirements; any surpius parking spaces not occupied by employees or customers may be used for service vehicles, vehicle inventory storage and display. A plan shall be submitted to the Planning Services Division showing the 309 required customer/employee parking spaces. The subject property shall thereupon be developed and - maintained in conformance with said plans. - 28. That the City of Anaheim Sewer Impact Mitigation Fee for the combined West Anaheim Area shall be paid. 29. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge° areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 30. That prior to issuance of a certificate of occupancy, the applicant shalL• • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 31. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 32. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 33. That all requests for new water services or fire lines, as well as any modifications, relocation, or , abandonments of existing water services and fire lines shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 34. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is not longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. -15- PC2004-116 ~ ~ 35. That the legal property owner shall provide the City of Anaheim with an easement to be determined as electrical design is completed for electrical service lines. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 36. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and or hardscape screening of all pad-mounted equipment shall be required and shall be shown on , plans submitted for building permits. 37. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof materiaL' The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approvaL 38. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be obtained from theAnaheim Police Department and submitted in a complete form should an alarm be installed. 39. Thaf a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Anaheim Police Department and submitted in a complete form. 40. That the approval of Conditional Use Permit No. 2004-04847 (Tracking No. CUP2004-04900) is granted subject to the approval of and finalization of Tentative Parcel Map No. 2004-177 and Reclassification No. 2004-00118 (Tracking No. RCL2004-00133). 41. That the property owner shall submit a letter to the Planning Services Division requesting termination of Conditional Use Permit No. 2001-04494 (to establish land use conformitywith existing Zoning Code : requirements for an existing telecommunications monopole with accessory ground-mounted equipment and to permit a used auto sales facilify with waivers of minimum landscaped setback), Conditional Use Permit No. 3831 (to permit a 3-story animal kennel with waivers of minimum landscape setback and minimum structural setback), Conditional Use Permit No. 1949 (to permit the outdoor storage of new automobiles with waiver of required setback), and Conditional Use Permit No. 100 (to enlarge an animal hospital and provide quarters for attendants). 42. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 9, and as conditioned herein. 43. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 10, 11, 12, 14, 15, 16, 18, 19, 20 21, 23, 24, 25, 26, 27, 28, 31, 32, 35, 36, 37, 40 and 41, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 44. That prior to final building and zoning inspections, Condition Nos. 6, 30, 38, 39 and 42, above-mentioned, shall be complied with. 45. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 8E !T FURTNER RESOLVED 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 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. -16- PC2004-116 ~ i THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal proc ures a may re ed by a City Council Resolution in the event of an appeaL r CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST. ~x~ A.rcn..--- /`~''~ SENIOR SECRETARY, ANAHEIM CITY PLANNING'COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 4, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, VANDERBILT-LINARES NOES: COMMISSIONERS: FLORES, O'CONNELL ABSENT: COMMISSIONERS: ROMERO, VELASQUEZ IN WITNESS WHEREOF, I have hereunto set my hand this ~2 "~ day of Oc~-ad c ~ , 2004. .,~~..~ /~v-~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -17- PC2004-116