PC 2004/10/04®nday, ®ct®bet- 4, 2004
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
® Chairman: Gail Eastman
® Chairman Pro-Tempore: David Romero
m Commissioners: James Vanderbilt-Linares, Jerry O'Connell
Kelly Buffa, Cecilia Flores, Pat Velasquez
® Call To Order
Planning Commission fillorning Session 11:00 A.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the October 4, 2004 agenda
®Recess To Afternoon Public Hearing Session
® Reconvene To Public Hearing 1:30 P.nA.
item on the ac
the secretary.
® Pledge Of Allegiance
® Public Comments
® Consent Calendar
® Public Hearing Items
® Adjournment
You may leave a message for the Planning Commission using the following
e-mail address: planninc7commission(7a.anaheim.net
H:\does\clerical\agendas\100404.doc 10/04/04
Page 1
Anaheim Planning Commission Agenda -1:30 P.nA.
Public Comments:
This is an opportunity for members of the public to speak on any item under the Jurisdiction of the
Anaheim City Planning Commission or public comments on agenda items with the exception of public
hearing items.
Consent Calendar:
The Report and Recommendation items 1-A through 1-C on the Consent Calendar will be acted on by
one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the
motion unless members of the Planning Commission, staff or the public request the item to be discussed
and/or removed from the Consent Galendar for separate action.
Reports and Recommendations
A. (a) CEG1A fNitigated Negative Declaration (Previously-Approved)
(b) Conditional Use Permit No. 2003-04710
(Tracking No. CUP2004-04902)
Agent: John Pester, Living Stream Ministry, 2431 West La Palma
Avenue, Anaheim, CA 92801
Location: 2471-2461 West La Palma Avenue and 1212 Project Planner:
North Hubbell Wav-(Living Stream Ministry) Della Herrick
(dherrickna anaheim.net)
Requests retroactive extension of time (approved June 16, 2003;
expired June 16, 2004) to comply with conditions of approval fora
previously-approved teleconferencing center and private sr87s4dh.doc
conference/training center. p, S. 24
B. (a) CEQA Categorical Exemption -Class 3
(b) Conditional Use Permit No. 542
(Tracking No. CUP2004-04894)
Agent: Joseph Columbo, 1100 North Tustin Avenue, Santa Ana, CA
92705 Project Planner:
John Ramirez
Location: 1759 West Broadway - (Rohthem Presbyterian Church) (ioramirez(a)anaheim.net)
Requests substantial conformance with previously-approved exhibits to
allow the construction of accessory classrooms in conjunction with an sr5118jr.doc
existing church. Q. S. 47
C. Receiving and approving the Minutes from the Planning Commission
Meeting of September 20, 2004 (Motion)
10/04!04
Page 2
P blic Hearing Items:
2a. CEQA Negative Declaration
2b. Waiver Of Code Requirement
20. Conditional Use Permit No. 2004-04882
Owner: Marls E. Vanags, 1510 North State College Boulevard,
Anaheim, CA 92806
Agent: Scott Langhurst, Trillium Telecom, 3010 Old Ranch
Parkway, Suite 210, Seal Beach, CA 90740
Location: 555 North State College Boulevard. Property is
approximately 0:8-acre, located at the southwest corner of
La Palma Avenue and State College Boulevard.
Request to permit a freestanding telecommunications facility (disguised
as a tree) with accessory ground-mounted equipment with waiver of
minimum structural setback.
Continued from the September 8, 2004, Planning Commission Meeting
Conditional Use Permit Resolution No.
3a. CEQA Mitigated Negative Declaration (Readvertised)
3b. Reclassification No. 2003-00109
3c. Variance No. 2004-04626
3d. Tentative Tract Map No. 16545
Owner: Red Curb Investments, P.O. Box 995, Torrance, CA 90508
Agent; Thomas Hartley, 29462 Thackery Drive, Laguna Niguel, CA
92677
Location: Properly is approximately 53 acres, having a frontage of
190 feet at the terminus of Avenida de Santiago, 'located
260 feet west of the centerline of Pointe Premier (No
address).
Reclassification No. 2003-00109 -Request reclassification of the
property from the T (SC)(Transition; Scenic Corridor Overlay), formerly
the RS-A-43,000(SC) (ResdentiallAgricultural; Scenic Corridor Overlay)
zone to the RH-2(SC) (Single-Family Hillside Residential; Scenic Corridor
Overlay) and OS (SC) {Open Space; Scenic Corridor Overlay) zones.
Variance No. 2004-04626 -Request waiver of required private street
standards to construct a private residential street without sidewalks or
parkways.
Tentative Tract Map No. 16545 -Request to establish a 28-lot, 21-unit
detached single-family subdivision.
Continued from the August 9, September 8 and September 20, 2004,
Planning Commission Meetings.
Reclassification Resolution No.
Variance Resolution No.
Request for
withdrawal
Project Planner:
Della Herdck
(d he rrickta7a na hei m. n et)
sr8766dh(a).doc
Q.S. 102
Project Planner:
Amy Vazquez
(avaza u ez(a)a n ah elm. net)
sr8789av.doc
Q.S. 286
10/04/04
Page 3
4a. CEQA Negative Declaration (Readvertised)
4b. Reclassification No. 2004-00118
(Tracking No. RCL2004-00133)
4c. Waiver of Code Requirement
4d Conditional Use Permit No. 2004-04847
(Tracking No. CUP2004-04900)
4e. Tentative Parcel Mao No. 2004-177
4f. Review And Recommendation Of Conceotual Plans
Owners: City of Anaheim, Attn: Ron Pickett, 200 South Anaheim
Boulevard, Anaheim, CA 92805
Anaheim Redevelopment Agency, Attn: Elisa Stipkovich,
201 South Anaheim Boulevard, Anaheim, CA 92805
Sherwood G. Oklejas, 215 South Euclid Street, Anaheim,
CA 92802
Orange County Transportation Authority, P.O. Box 14184,
550 South Main Street, Orange, CA 92863-1548
Agent: Leason Pomeroy, LP3, 158 North Glasseil, Suite 201,
Orange, CA 92866
Location: 1501 West Lincoln Avenue. Property is an irregularly-
shaped site which consists of multiple parcels with a
combined area of approximately 3.29 acres, and is
generally located at the northeast corner of Lincoln Avenue
and Loara Street.
Reclassification No. 2004.00118 (Tracking No. RCL2004-00133)-
Request to reclassify the properties from the I (Industrial) zone to the C-G
(Commercial General) zone.
Conditional Use Permit No. 2004-04847 (Tracking No. CUP2004-
04900) -Request to establish an automobile sales dealership with
automotive repair and afreeway-oriented wall sign and to replace an
existing legal nonconforming freestanding (monopole) telecommunication
facility with a temporary telecommunications facility with waivers of (a)
minimum landscaped and structural setback abutting an arterial highway,
(b) minimum landscaped and structural setback abutting a local street, (c)
required improvement of public right-of-way, (d) minimum number of
parking spaces', (e) minimum distance between freestanding signs', (f)
maximum height and size offreeway-oriented sign and (g) maximum
height and size of wall signs.
'Waivers (d) and (e) have been deleted.
Tentative Parcel Map No. 2004-177 -Request to combine eight parcels
and existing right-of-way into one parcel.
Request Planning Commission review and recommendation to the
Anaheim Redevelopment Agency of basic concept drawings for an
automotive sales dealership with an automotive repair facility.
Reclassification Resolution No.
Conditional Use Permit Resolution No.
Project Planner:
David See
(dseet7c anaheim.net)
sr2163ds.doc
Q.S. 53
10/04/04
Page 4
5a. CEQA Negative Declaration
Sb. Waiver Of Code Requirement
5c. Conditional Use Permit No. 2004-04895
Owner: Real E. Lyons -Gledhill -Kramer, 605 South East Street,
Anaheim, CA 92805
Timothy W ilkinson, 605 South East Street, Anaheim, CA
92805
Agent: Jim Lee, Tetratech, 310 Commerce, Irvine, CA 92602
Location: 601 South East Street. Property is approximately 1.9
acres, located at the southwest corner of W ater Street and
East Street. Project Planner:
Della Herrick
Request to permit a telecommunication facility (disguised as a light pole) (dherrick(c~anaheim.net)
with accessory ground-mounted equipment with waiver of minimum
structural setback.
sr8790dh.doc
Conditional Use Permit Resolution No. Q.S. 94
6a. CEQA Negative Declaration
6b. Conditional Use Permit No. 2004-04896
Owner: EI Bekal Temple Association, 1320 South Sanderson
Avenue, Anaheim, CA 92806
Agent: Jim Lee, Tetratech, 310 Commerce, Irvine, CA 92602
Location: 1320 East Sanderson Avenue. Property is approximately
1.5 acres, located at the southwest corner of Sanderson
Avenue and Phoenix Club Drive.
Request to establish land use conformity with zoning code requirements Project Planner:
Della Herrick
for an existing legal nonconforming telecommunication monopole and to (dherrick(c~anaheim.net)
permit the addition of six antennas (2 per sector) to an existing legal non-
conforming telecommunication monopole and to construct an accessory
ground-mounted equipment shelter. sr8788dh:doc
Q.S.126
Conditional Use Permit Resolution No.
10/04/04
Page 5
7a. CEQA Negative Declaration
7b. Conditional Use Permit No. 2004-04897
Owner: City of Anaheim, P.O. Box 3222, Anaheim, CA 92803
Agent: Teri Grisenti, Tetratech, 310 Commerce Drive, Irvine, CA
92602
Location: 2001 West La Palma Avenue. Property is approximately
2.2 acres, located at the northwest corner of La Palma
Avenue and Anaheim Shores Drive (Marshall Park).
Project Planner:
Della Herrick
ole)
(dis
uised as a li
ht
ermit a telecommunications facilit
t to
R (dherrick(a)anaheim.net)
g
p
y
g
p
eques
with accessory ground-mounted equipment.
sr8793dh.doc
Conditional Use Permit Resolution No. Q.S. 37
Sa. CEQA Negative Declaration
Sb. Waiver Of Code Requirement
8c. Conditional Use Permit No. 2004-04898
8d. Tentative Tract Map No. 16640
Owners: Commons Apartments LLC, 425 North Magnolia Avenue,
Anaheim, CA 92801
Brandywine Magnolia Lane, Cottages Group, LLC, Attn:
Bret Whitehead, 1981 East Edinger Avenue, Suite 125,
Santa Ana, CA 92705
Agent: Brandywine Magnolia Lane, Cottages Group, LLC, Attn:
Bret Whitehead, 1981 East Edinger Avenue, Suite 125,
Santa Ana, CA 92705
Location: 425 North Magnolia Avenue. Property is approximately
9.2 acres, having a frontage of 662 on the west side of
Magnolia Avenue, located 662 feet south of the centerline
of Crescent Avenue.
Conditional Use Permit No. 2004.04898 -Request to construct a 114-
unit attached and detached residential condominium subdivision with
waiver of maximum building wall length. Project Planner:
John Ramiroz
Tentative Tract Map No. 16640 - To establish a 76-unit attached (ioramirez(c~anaheim.net)
condominium and 38-unit detached single-family subdivision.
Conditional Use Permit Resolution No. sr5117jr.doc
Qs.1s
10I04I04
Page 6
9a. CEG1A Negative Declaration (Previously-Approved)
9b. Waiver Of Code Requirement
9c. Conditional Use Permit No. 3855
(Tracking No. CUP2004.04899)
Owner: PTSHP JAS, 1985 South Santa Cruz Street, Anaheim, CA
92805
Agent: Leon Alexander, Briggs and Alexander, 558 South Harbor
Boulevard, Suite 100, Anaheim, CA 92805
Location: 1985 South Santa Cruz Street. Property is approximately
2.2 acres, located at the northwest corner of Santa Cruz
Street and Stanford Court.
Project Planner:
Re nest to amend or delete conditions of a royal and exhibits to ermit
q PP P Amy Vazquez
indoor recreational and associated sports uses, industrially-related office (avazouez(a)anaheim.net)
and retail uses and the retail sates of file and flooring with waiver of
minimum number of parking spaces.
sr8797av.doc
Conditional Use Permit Resolution No. Q.S. 108
10a. CEQA Categorical Exemption -Class 1
10b. Conditional Use Permit No. 2004-04892
Owner: Fairmont Plaza Partners, LLC, 4740 East Bryson Street,
Anaheim, CA 92807
Agent: Karen Kules, 144 South Fairmont Boulevard, Anaheim, CA
92808
Location: 144 South Fairmont Boulevard. Property is
approximately 2.4 acres, located at the southeast corner of
Santa Ana Canyon Road and Fairmont Boulevard (Array
Spa). Project Planner:
Amy Vazquez
Request to permit accessory massage services within an existing day (avazcuez(a)anaheim.net)
spa
sr8795av.doc
Conditional Use Permit Resolution No. Q.S. 196
10/04/04
Page 7
11a. Environmental :Impact Report No. 327
11 b. Waiver Of Code Requirement
11 c. Conditional Use Permit Plo. 2001-04431
11d. Specimen Tree Removal Permit No. 2002-00001
11e. Miscellaneous No. 2004-00088
Owner: Waddell Foods, 801 North Beach Boulevard, La Habra, CA
90631
Agent: John & Lisa Waddell, 207 Redrock Street, Anaheim, CA
92807
Location: Property is approximately 29 acres, having a frontage of
1,413 feet on the south side of Santa Ana Canyon Road,
located 983 feet west of the centerline of Festival Drive (No
Address).
Conditional Use Permit No. 2001-04431 -Request to construct a
wedding chapel and banquet facility with on-premises sales and
consumption of alcoholic beverages and roof-mounted equipment with
waivers of (a) maximum building height, (b) required street dedication and
improvement and (c) minimum number of parking spaces.
Specimen Tree Removal Permit No. 2002-00001 - To remove thirty
(30) Oak trees.
Miscellaneous No. 2004-00088 - Amendment to Exhibit No. 7 of the
Santa Ana Canyon Road Access Point Study.
Conditional Use Permit Resolution No.
Request for
continuance to
November 1, 2004
Project Planner:
Amy Vazquez
(avazguezCo) a na hei m. net)
sr8799av.doc
Q.S. 207
Adjourn To Monday, October 18, 2004 At 1:00 P.M. For
Preliminary Plan Review.
10104/04
Page 8
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED: ~~ ~.~-~--~-~-~
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the Ciry Clerk.
The City Clerk, upon filing of said appeal in the Glerk's Office, shall set said petition for public :hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM CITY PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a:m.
on the Friday before the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Telephone System at 714-765-5139.
10/04/04
Page 9
SC~IE®llLE
2004
_--
October 18
November 1
November 15
November 29
December 13
ber 27
10/04/04
Page 10
ITEM N0. 1-A
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Conditional Use Permit No. 2003-04710 ~" % Subject Property
r ~:
TRACKING NO. 2004-04902 Date: October 4, 2004
Scale: Graphic
Requested By: JOHN PESTER O.S. No. 24
REQUESTS RETROACTIVE EXTENSION OF TIME (APPROVED JUNE 16, 2003; EXPIRED
JUNE 16, 2004) TO COMPLY WITH CONDITIONS OF APPROVAL FOR APREVIOUSLY-
APPROVED TELECONFERENCING CENTER.
2411 - 2461 West La Palma Avenue and 1212 North Hubbell Way -Living Stream Ministry
1534
ATTACHMENT -ITEM N0. 1-A
Liuira~' ~tr-e~na 1l~inistry
2431 W. La Palma Ave. /Anaheim, CA 92801
P.O. Box 2121 /Anaheim, CA 92814 / U. S. A.
8/16/04
Della M. Herrick, Associate Planner
City of Anaheim Planning Department
200 S. Anaheim Boulevard, Suite 162
Anaheim, CA 92805
Re: Extension to Comply with Conditions of Approval (CUP 2003-04710)
Dear Della
On behalf of Living Stream Ministry, I would like to request a time extension
for CUP 2003-04710 in order to comply with conditions listed in #34 and #35.
For the past year, economic factors pertaining to financing and construction
have delayed our ability to move forward with the project as rapidly as we
anticipated. In addition, the space designated for our Teleconference and
Training Center was occupied under the terms of a three year lease. The
revenues from this tenant were to be applied to the construction preparations.
This tenant, however, has since voided the terms of the lease, and we hope that
another short-term occupant will assume the terms of that lease.
The items in #34 call for completion prior to the issuance of building permits or a
period of one year, and the items in #35 call for completion prior to final building
and zoning inspections. Given the economic situation, the design phase of the
project has been delayed, and thus, we are not ready to :submit building plans to
the city for the sake of obtaining building permits. Cgmpletion of the items in
#34 have been affected by this delay since they require a level of detail normally
associated with approved building plans. The same applies for #35. I am sorry
that I failed to note the one year deadline. If I had, I would have filed this
extension request within the listed time frame.
I would like to point out that we have joined the Anaheim Transportation
Network (#11) and also have requested the termination of variance No. 3110
(#28b). Your favorable consideration of this request is appreciated.
Sincerely,
V~
John Pester,
Living Stream Ministry
ps
NEXT MEETING
OCT 0 4 2004
_ __
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Conditional Use Permit No. 542 ~~„ 4i ; Subject Property
TRACKING NO. CUP2004-04894 Date: October 4, 2004
Requested By: JOSEPH COLOMBO Scale: 1" = 200'
Q.S. No. 47
REQUEST FOR SUBSTANTIAL CONFORMANCE WITH PREVIOUSLY-APPROVED EXHIBITS
TO ALLOW THE CONSTRUCTION OF ACCESSORY CLASSROOMS IN CONJUNCTION
WITH AN EXISTING CHURCH.
1759 West Broadway - Rohthem Presbyterian Church 7533
TTF.M Nn_1-A
ATTACHMENT .,= ITEM N0.
~- ._~ ~RESOLU?:ON TiO._ '`._ -q;,.aL 7 ''.. ., .. .', .
:;. _.' ,
ARESOLDI70fi.OF THE CITY PLANNWG.COMRRSSION OF THE CITY OF ANAHEIM - ' ~.
- -THATPETITION FOR, CONDITIONAL USE~~PERhIIT 512 BE GRANTED -
WHEREAS, thcCity Planning Commissionef theCityofAaahefm did zeccve a vedLet Petition for C¢nditionel'
.. . .. ,.-
. Use Pen¢it Erne ASSaAEI.Y'OF CvD-pc AhPr .M,. P, 0 ~~io:<._1B, A.iaheim, u 1.yF o.ni ,.. 0;~-ie:, DJFUMN; ~. ..
.N. BL*SfRAM, P. Oa;.~Box 1~B,A~a aim{. t:,,,3forn~a Agent o° ce_ta:d. ream, Prpperty:.sitvated -n.~:'..
~theCity~of.A~aheimq Cc~.ty o?,Orange.,..Stat,e~o ~Caiifmrnia:.as-desrbed iri Exhibit °A"~.- :.
attached. hereto andi=.`e :red~.o herein ~asthongi. set -crth ~itifuli
'.:_
WHEREAS, the~Gty Plen.•dag. Cemmissiee did ~holt a public hea:ingatahe City Hell in the City of Anaheim oa
.March 16,...964, ' at 2:OO. o,'clock.,P.hL, dotice of said pobllc hearing having bees duly givm:as required by~.. ,
Saw end in ~aecordmee widr. Ute provisions of the, Aavhetm 'dualeipal cede, Chapter-38.54, t¢ hear end coacider~evidmtt„ '
' For a¢d against aald proposed m¢dltionel use md.to 1¢geatigete end make.flndhige end~renmmmdatio¢e~ia eoonectiva~:
:~ .WHEREAS, said Ccmmiaalan, e[ter due Inspecfion, lavesttgetfon, aod~aNdy made by.itself aad-la~.ita behalf, md~
~ofter'dae nonsideratlon of all evidmce sad mpotte. bffered'~at.aeid~heariag,.doea find and deteiatae the followfagfecte:;p ..
r~ " L~ That the propoaad me f¢~: piopeziy eee'for. mbloh a .Condltlonel .Vac Petmit.3a~ duthorized by this Code, to ,-, ,
WEt~expand.'the edccatioml °auili ies`io- the ~St.-rMay..Scaooi Depaxtmentand fo'r ~~fvture'use as
, ...
.2.:Thettha proposed va~'mili'net.ndve~sely effect the edjoi¢inglend pees and the growW,and-developmmt cf'
the. aiea f¢ whieh~it is proposed tobelocated:.. .~ ~ . -. , ,. ~ .. ~ ~ -..... :. ,. , . .
~: , " ~ 3: That the size-aid ~etiapo of'the alte..pmpoaed fos the°use te, edegaate to~allew the.fuIldevelopmmt.of.the
,proposed ;use !o e:.mennei..not detdmrntnl.,fo We'partlculeia4eq aor 'to Slie peace,henlth, safety, and grneial vielfam .: `
oE~tbe Citizens aE thv Cltyo!.Aneheim. -: ~, ~ ~ , >. ~ ~. :.' ~. ' .. ~ ~ ,
~~ : 4: Tha{the graeting of the...Condltlonal .Use' Permit uadvr the eo¢dltlbas' tmposed~ if aoy, alU out be detrimmtel ' -
to Hie peace, health;,aefety,:md genual,.welFeie oF.tlie.Citlzens;of the City of Anaheim.
~~'- .S..Thet the' ~ c osed~ akin is'deemed 4o~ne~, ode"ate rovided" that the maneuver in area ~.
iseonf ined~to~.sub.iect propeay.' ~ ~ ~ ~-~ ~~~ ~' ~"
,,6..That~no cne~appeared in oppoaition'to spbjert_vetition. ,
1-B
:.. 'NOW; THEREFORE, HE 1't RESOLVED Ih~t tlm Anaheim C[ti Plmoing Cammissiad does hereby grant suhject~ " . '."
PCnioa. far Condliiaoal Use Peagiq fipdn"the following conditions "which am hereby [ound to he a aecessaty'preroquisice '
'. to the "pmpbsed'ose of :he'sobjecl orpper[y in ~nrdrr to prescn~e'. the safety end general welfaie of the Citizens of the -'-°
C,itY, of Anahoia:
' r_ 2ha' re"owne c' .;;e "p "aper_~ s a-.,pay to .he Cav of Anaheim the s.}m of 5^e.00 ~..~
` p? `. ont.'no ~:o3gH-caaxav;' cr., -eat c~ .-c p -po=_es'aid sett,?c be paid. 'ni _airi ape od
;af BOfda~s `ram d e hereo yr s t~.u :re t.me :as '•e Gorton ssion. map g-an., ~"_" ~. "
2 iha` ash"ato age areas na : 'repo ided it a vordar a wick approt ed plans on file ~.
'in e cffice o° he~D a for ~ci P 5 _.: ac ks ~ '
-ioi o r ral'tr i ding ".irspet;*_ion.
'- a.~Tha ~e'ea~e a sub;e ` n apart; s a ''pav o "*e E v d' Ananetm'ibe s.po of ]5t'
'-"per `~dzf foo ainng.;ibcaexa}"~: fc '-ee"piar_onc "p•,-poses,_said awui_. :o be"paid. a~.he _itne `"~
. the lr d:r:~ ca-x' ,?s. ~ ec c , is*,.. a..,pe,'_cd of iBD. pays from"da{e~hereof, "ptdrhe~. er occ,r_s.
4 Tr,a .S,re t p ope :y s it be~deve_cped"sin a1 ally a ,-.oxdance q=th plans and "
~spe..i.°icat; cos o ..1e n~.... J:e Ci :y ci"A.~ar;eim,~maxrcec ~:,_bit "7os _~~hre.:gh A..
s ':~a a i -oat rdso -tr.;.ai 'sius:ne .cost^~ tedalcag tie Hart:: property line prior
' :~o. ?_nal bul.dmg;, :nsnecti o..•. ~. ,.. ..
or,.an a na
r/v ~~a he pa ping of l:e s' .pad- 1r - ~ ~ ;'ae rtn'tc:.ti scanda:ds" of oFf=scree`
park'r.7 :yvo s .. R:;o.,.,,ai `f.2A gn8 and f,lr ~tt_ p ovided tha_ _re-circciatien 'plan sha1l.Se
s::'"mitted .to;a d apv-o,red ~y'~he i:_f..,; cr;g.:tea.,." ".
-~ ~ ..THE"FOREGOINGI2ESOLUTION is algned eod. opptovod by me thla ttit^- of March. :963.' `
CHAR2AfAN ANAH°..Ih!"CITY PLA G COMMISSION
ATTEST: .. . ~. ::.
.'~~:SECREI'ARS`ANAHEVd,C]TY"PLANNING COMh}ISSiON. ~ ~ ~ ...-::. ~, "-.;: .~. ~~~,."
'~5TATE OF CALIFORNIA , :'.) ~; " .. ~ ~ '
... , .
'>. CODNTY OF ORANGE , ) aa. , ';, - ~ " - ~ '
....':C1TY.OF ANAHEIDI :'"".'~`.) ... '~' .. ,~"' ~' .. ~" .' ._;,
.. ~ _. ..
Iy Ann Krebs. . ~ Seetetbry o£ Lhe~~Ctty Planning Commteuton~of tha City of Anoheim,~:do hemhy eettliy that the
~. Foregoing rosalutlon +!en paaeed and ndopted~al e~meedng of the Clly PlsnningComtnlaolom of the Clty'of Anahelm,~~:: -"
'bald on' Match I5. ~19(id ~ : ~ ..~ op 2:00 o'clock. P.M., hy, the foltoo)inp vote oI the membenYheteo6
..
~" AVFS:" ~ "COMMi5530NER5: A1,=ed, Czmp, Chavos,"Gave-r Mt:ngei v: Per.-y. Rowland. ".-" .~-
. NOESr, "COMfill5530NER5: None. ~: ~ ~ -.._ .., " - ,,
"' -"- ~ AHSENT: ~."COMMISSIONERSo Pebley,:.5ldes. ~~- "~ ~'.". ~ "
". ~INWITNESS WHEREOF, iheve"harounto oct.my hood thta ': 26 h day.pf"March„"'196<.
'~ `~ ~. ' " ~" ' ~ ~ -"'SECRETARY ANAHEIM-CITY PLANNN G.COMMLSSION ."~"
`• ~'RESOLI7TION N0. ...
ITEM N0. 2
SANDALWOOD AVE
C-G
RCL 74-75-24
RS-3 CUP 1926
1 DU EACH CUP 1764
CUP 369
SYCAMORE PLAZA
RS-3 NEIGHBORHOOD
t DU EACH SHOPPING CENTER
BELMONT AVE
c-G
RCL 66-66-71
CUP 2001-04469
T-ADJ 2002-00224
SMALL SHOPS i
LA PALMA AVENUE
'
259
-~
C-G
C
RCL 75-76-12 RCL 7&764T
~CUP 39030!708 -
LAPALMASOUARE RCL 65-fifi-69 CUP 2601.64373 h
CUP 2004-04662 VAR 2914 5 ~
OFFICE BLDG "-'1' MECICAL OFFlCES~'~3 ~ Q
W
J
T O
CUP 1875 m
CUP 102 LLI
T RM-4 CHURCH UI
SYCAMORE JUNIOR RCL 78-79-38 PRE-SCHOOL
HIGH SCHOOL CUP 1675 DAYCARE J
CUP 102 J
P INEWOOD VILLAGE ~
APARTMENTS -- C
)
49 DU ..
W
E-
REEj
MARE S 1
RCL 63 63-136
Sy GP OENTI6T OFFICE
\ ' ~, \ \ .RCL 91-92-6
Dv EpGN \\\X \\XI ~\ OiPDUe7
VPR 1g9~ ~ V
RED1A
h~
O~
2 R.
1 DU
J
a
~ 5
W
H R:
~ iDU
~
I
Conditional Use Permit No. 2004-04882 Subject Property
Date: September 8, 2004
Scale: 1" = 200'
Requested By: MARIS E. VANAGS Q.S. No. 102
REQUEST TO PERMIT A FREESTANDING TELECOMMUNICATIONS FACILITY (FAUX PALM
DESIGN) AND ACCESSORY GROUND-MOUNTED EQUIPMENT WITH WAIVER OF MINIMUM
STRUCTURALSETBACK
555 North State College Boulevard
C-G
C-G
RCLfi6-66-72
RCL fit-fi2.36
RCL 54-56-2t
CUP 600
CONROYS
RCL 57-58-1 B
CUP 2003-04742
T-CUP 2003-04726
CUP 2001-04451
CUP2001-04433
CUP 3642
CUP 2608
CUP 1685
CUP 1655
VAR 2037
VAR 1912 5
PCN 2003-00012
CUP 3425)
CUP 2756)
(CUP 2339)
(VAR 2136 S)
(VAR 1960 S)
GRANADA
SQUARE
I I
t
lass
Staff R~
Plannir
Octobe
:Item Nt
2a. CEQA NEGATIVE DECLARATION
2b. 'WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL IJSE PERMIT N0. 2004-04882 (Motion fog
re
r-
ng
as
(5) Staff recommends that the Commission, by motion, accept the petitioner's`request for
withdrawal.
Sr8766dit(a).doc
Page 1
Ms. Della Hemck
Planning Department
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
RE: Conditional Use Permit No. 2004-04882
555 N. State College Boulevard
Deaz Ms. Hemck:
On behalf of our client, Sprint PCS, please accept this letter as a formal request to
withdraw the above referenced application from further consideration by the Planning
Commission.
Sprint has agreed with staff's recommendation to pursue approval of an architecturally
integrated element on the subject property. It is our understanding that the revised design
will be reviewed administratively and that there is no further need to pursue a conditional
use permit before the Planning Commission.
Thank you for your time and assistance with this matter. Should you have any questions
or require additional information please do not hesitate to contact me at (562) 799-9216
x306 or via email at slonghurst ,trilliumtelecom.com.
Regazds,
Trillium Telecom Services
Scott Longhurst
President
Co; Sprint PCS
3010 Old Ranch Parkway, Suite 210 ° Seal Beach, CA 90740 ° Ph. (562) 799-9216 ° Fax (562) 799-9215
ITEM N0. 3
Reclassification No. 2003-00109 Subject Property
Variance No. 2004-04626 Date: September 8, 2004
Tentative Tract Map No. 16545 Scale: Graphic
Requested By: RED CURB INVESTMENTS Q.S. No. 286
RECLASSIFICATION NO. 2003-00109: REQUESTS RECLASSIFICATION OF THE SUBJECT PROPERTY FROM
THE T (TRANSITION; SCENIC CORRIDOR OVERLAY) FORMERLY RS-A-43,000 (SC) (RESIDENTIAUAGRI-
CULTURAL;SCENIC CORRIDOR OVERLAY) ZONE TO THE RH-2 (SC) (SINGLE-FAMILY HILLSIDE RESIDENTIAL;
SCENIC CORRIDOR OVERLAY) AND OS (SC) (OPEN SPACE; SCENIC CORRIDOR OVERLAY) ZONES.
VARIANCE NO. 2004-04626: REQUESTS WAIVER OF REQUIRED STREET STANDARDS
TO CONSTRUCT A PRIVATE RESIDENTIAL STREET WITHOUT SIDEWALKS
TENTATIVE TRACT MAP N0. 16545: TO ESTABLISH A 28-LOT, 21-UNIT DETACHED SINGLE
FAMILY SUBDIVISION.
No address
1ae~
ITEM N0. 3
'DIRECTION GENERAL PLAN
'.DESIGtt1,4TION
All Directions Estate Density,Resldential
Acres;,>, , ,r.. Pro osed Zoniri Dest nation
14.8` RH-2i SC Sin le-Famil iHillside Residential; Scenic Corridor Overla
18.0` OS' SC O en1S ace; Scenic Corridor Overla
20.2`: T SC ransition; Scenic Corridor!Overla
~` proposed LoL~ ~RequireEt Minimum a troposed LoE
Area~~ °~Required P1fi~irny~ ~~
Lat_. .. ,, . Widttr , , `; .. ,z _'Lot Wltltb.,. `' s
,.' : s. uar~ t~et ., ~::.r ~. Lot Areal s '~i~f~ feet `H=
1' ';:125 feet 85'feet Q2,060 'I 19,000
2 130 feet 85 feet 25,040 19,000
3 ?:150 feet 85' feet f 26,270 19,000
T4 145 feet 85 feet :25,400 19,000
5 ;155 feet r85feet 22,050 19,000-
6 100 feet 85 feet ! 24,500 19,000 `:
:Staff Report to the
Planning Commissioh
October 4 2004
Item No. 3
7 100 feet 85 feet 24,010< 19,000
8 9Bfeet 85 feet 24,500': :':19,000
9 100 feet 85 feet ; 22,800:: 19',000
10 100 feet 60 feet 22,100': :19;000
11 70 feet: 60 feet - ' 25,300' 19;000
12 70 feet i 60 feet t 32,000' ?:19,000
13 100 feet 85 feet 22,040.E ':19;000
14 ! 100 feet 85 feet ' 22,000' 19,000
15 100: feet 85 feet 22,040' 19;000
16 100 feet 85 feet 22,000:: ;19;000
17 90 feet 85 feet ;>' " 22,050': :19;000
18 120 feet 85 feet 22,140 19;000
19 90 feet:: 85 feet 22,140: .:19;000
20 140 feet 85 feet 53,000!' 19,000
21 39Qfeet 85 feet 74,10Q 19,000
Required minimum fot width'for Lots 10; 11 and 12 based on Code Section 18.04,050:010 pertain
minimum lot width on the circular or curvilinear portion of a cut-tle-sac.
"Required minimum lot area: based on Cade Section 18.04.040:010, which`allows a net lot area of
square feet.
(9) The site plans (Exhibit Nos. 1 and 2) indicate the development of twenty-one (21) si
..family homes with the following;characteristics:
L`o't,
~
,,.Lot"Size
'~~,(squarefeef) ~ ~_
<':Front:§etback .,
."Proposed/Required,
.```Slde`Seftiaek,.
`:Ptoposeii/Regulred`
-,
".bRear.Setback.:,
;Prop"osed/Reguifetl'
1' 22;060 25feeU25feet 10feeUlOfeet 57feeU25feet
2- 25;040 '25feeU25feet 15feeU10feet 113 feeU25feet
3 26,270 25 feeU25feet 15 feeU10 feet 144 feeU25'feet
4' 25,400 +26 feeU25 feet 12 feeU10 feet 129 feeU25' feet
5 22;050 25feeU25feet 10feeU10feet 143feeU25feet
6 24,500 25 feeU25' feet 15 feeU10 feet 153 feeU25feet
7' 24;010 25 feeU25 feet 10 feeUlO:feet 139 feeU25 feet
8 ` 24,500 25 feeU25'feet 10 feeU10 feet 152 feeU25 feet
9 22;800 I30 feeU25' feet 10 feeU10 feet 1.58 feeU25 feet
10 22,100 '26 feeU25 feet 10 feeU10 feet 122 feeU25feet
11 25,300 25 feeU25 feet 10 feeU10 feet :172 feeU25feet
12 32;000 '29feeU25feet 10feeU10feet 140 feeU25feet
Page 3
X14)'
13 22,040 29 feeU25 feet 10 feeU10 feet 120 feeU25 feet
14 I 22,000 25 feeU25 feet 10 feeU10 feet 104 feeU25 feet"
15 22,040 ' 25 feeU25 feet 10 feeU10 feet 119 feeU25 feet
16 22,000 ' 25 feeU25 feet 10 feeU10 feet 120 feeU25 feet
17 22,050 25 feeU25 feet 10 feeU10 feet 107 feeU25 feet
18 22,140 25 feeU25 feet 15 feeU10 feet 117 feeU25 feet
19 22,140: 25 feeU25 feet 10 feeU10 feet 94 feeU25 feet ;>
20 53,000 < 25 feeU25 feet 20 feeU10 feet 93 feeU25 feet
21 74,100 25 feeU25 feet 100 feeU10 feet 101 feeU25 feet
cscrub nabtte
lily bulbs.
'(16) AiCulturalR
conducted't
cultural and:
(17) An extensive
Appendix Ei
a
f
0
it
((18) A
C
a
P
N
jr
Standard Detail. No. 162 indicates that a prig
4-foot wide sidewalks. The submitted site p
proposed for this residential tract. The front
the curb of the'private street.
(24) The applicant submitted the attachetl Justifii
existing surrounding neighborhoods!are dev
therefore, strict application of the zoning coy
enjoyed by other properties in the immediatf
waiver because the petitioner has demonstn
would be compatible with th
character of the area.
(25) The applicant is proposing t
California Spanish homes.
CAM...........~J ~..G~....1J :~~.
(a) That there are special circumstances applicable tb the prop
topography, location or surroundings,which do not apply to
properties in the vicinity; and
C,
(ZS)
(30) Staff7ecommend
and based uponi
presented in this
that the Planning
resolutions artd'tE
[DRAFT]
RESOLUTION NO. PC2004--**
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0.2003-00109 BE GRANTED
(NO ADDRESS)
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP 87-252 RECORDED IN 900K
226, PAGES 33 TO 34 OF PARCEL MAPS, OFFICIAL RECORDS:
PARCEL 1: BEGINNING AT THE EASTERLY TERMINUS OF A LINE SHOWN AS NORTH
89° 59' 51" EAST 862.16 FEET IN THE NORTHERLY LINE OF SAID PARCEL 3; THENCE
ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID PARCEL 3 THE
FOLLOWING COURSES: SOUTH 89° 59' 51" WEST 862.16 FEET, SOUTH 71° 23' 00" WEST
365.96 FEET, SOUTH 10° 28' 37" WEST 359.95 FEET, SOUTH 53° 59' 39"WEST 216.80 FEET
TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
301.75 FEET; THENCE SOUTHWESTERLY 3.96 FEET ALONG SAID CURVE AND
BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 00° 45' 10"; THENCE
CONTINUING ALONG SAID PARCEL 3 SOUTH 80° 32' 46" EAST 1592.22 FEET, THENCE
DEPARTING FROM SAID PARCEL 3 NORTH 53° 21' 02" WEST 85.00 FEET, THENCE NORTH
21° 59' 52" WEST 133.00 FEET; THENCE NORTH 80° 31' 21" EAST 67.98 FEET; THENCE
SOUTH 75° 02' S9" EAST 181.04 FEET TO THE BEGINNING OF ANON-TANGENT CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 43.00 FEET A RADIAL LINE TO SAID
BEGINNING OF ANON-TANGENT CURVE BEARS NORTH 70° 33' 29" EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 28°
40' 05": THENCE NORTH 75° 02' 59" WEST 410.60 FEET: THENCE NORTH 14° 45' 77" EAST
616.76 FEET TO THE POINT OF BEGINNING;
PARCEL 2: BEGINNING AT THE EASTERLY TERMINUS OR A LINE SHOWN AS
NORTH 89°59' 51" EAST 861.16 FEET IN THE .NORTHERLY LINE OF SAID PARCEL 3;
THENCE ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID PARCEL 3 THE
FOLLOWING COURSES: NORTH 56° 41' 03" EAST 1321.72 FEET, SOUTH 12° 27' 04" EAST
731.79 FEET, NORTH 77° 30' S3" CAST 31.17 FEET, SOUTH 88° 49' 19" WEST 11.45 FEET.
TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
720.00 FEET; THENCE WESTERLY 22.25 FEET ALONG SAID CURVE AND BOUNDARY OF
SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 01° 48' 15" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 55.00 FEET, A RADIAL
LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 22° 56' 56" WEST:
THENCE NORTHWESTERLY 39.63 FEET ALONG SAID CURVE AND BOUNDARY OF SAID
PARCEL 3 THROUGH A CENTRAL ANGLE OF 41° 16' 57" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 45.00 FEET, A
RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS SOUTH 18° 20' 01"
WEST, THENCE WESTERLY AND SOUTHERLY 111.74 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 142° 16' 01" TO THE BEGINNING OF ANON-TANGENT
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 700.00 FEET. A RADIAL
LINE THROUGH SAID BEGINNING OF NON-TANGENT CURVE BEARS SOUTH 32° 00' 08"
EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
PARCEL 3 122,85 FEET THROUGH A CENTRAL ANGLE OF 10° 03' 19" TO THE BEGINNING
OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 700.00
FEET; THENCE SOUTHWESTERLY 345.01 FEET ALONG SAID CURVE AND BOUNDARY OF
SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 28° 14' 21"; THENCE DEPARTING SAID
BOUNDARY OF PARCEL 3 ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID
PARCEL 2 SOUTH 29° 25' 13" EAST 853.12 FEET; THENCE CONTINUING ALONG SAID
CR1PC2004-0 -1- PC2004-
PARCEL 2 NORTH 80° 32' 46" WEST 1087.79 FEET; THENCE DEPARTING FROM
BOUNDARY OF SAID PARCEL 2 NORTH 53° 21' 02" WEST 85.00 FEET; THENCE NORTH.21° ._
59' 52" WEST 133.00 FEET; THENCE NORTH 80° 31' 21" EAST 67,89 FEET: THENCE SOUTH
75° 02' 59" EAST 181.04 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 43.00 FEET A RADIAL LINE TO SAID BEGINNING
OF ANON-TANGENT CURVE BARES NORTH 70° 33' 29" EAST: THENCE NORTHWESTERLY
ALONG SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 28° 40' 05"; THENCE
NORTH 75° 02' 59" WEST 410.60 FEET; THENCE NORTH 14° 45' 17" EAST 616.76 FEET TO
THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 9, 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 variance and to investigate and make findings and
recommendations in connection therewith; and that said public hearing was continued to the September 8 and
20, 2004, Planning Commission meetings; and
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 reclassification of the property from the T (SC)(Transition; Scenic
Corridor Overlay) zone to the RH-2(SC) (Single-Family Hillside Residential; Scenic Corridor Overlay) T (SC)
(Transition; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor Overlay) zones.
2. That the Anaheim General Plan designates subject property for Estate Density Residential land
uses.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community.
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 property and to the zones and their permitted
uses generally established throughout the community.
5. That the proposed reclassification of subject property requires the dedication and 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 indicated their presence at said public hearing in opposition; and that no correspondence
was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to establish a 28-lot, 21-unit detached single-family subdivision with
waiver of required private street standards and does hereby approve the Mitigated Negative Declaration upon
finding that the declaration reflects the independent judgment of the lead agency and that it has considered the
Negative Declaration together with any comments received during the public review process and further finding
on the basis of the initial study mitigation monitoring plan 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 approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the
Anaheim Municipal Code to exclude the above-described property from the T (SC)(Transition; Scenic Corridor
Overlay), zone and to incorporate said described property into the RH-2(SC) (Single-Family Hillside Residential;
Scenic Corridor Overlay) and OS (SC) (Open Space.; Scenic Corridor Overlay) zones upon the following
-2- PC2004-
conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in
order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
BE IT FURTHER 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 conditions, 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.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion.
BE IT FURTHER 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 conditipn, 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.
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 procedures and may be replaced by a City Council Resolution in
the event of an appeal.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morcis, 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:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2004.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2004-
[DRAFT]
RESOLUTION NO. PC2004-"'
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0.2004-04626 BE GRANTED
(NO ADDRESS)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP 87-252 RECORDED IN 900K
226, PAGES 33 TO 34 OF PARCEL MAPS, OFFICIAL RECORDS:
PARCEL 1: BEGINNING AT THE EASTERLY TERMINUS OF A LINE SHOWN AS NORTH
89° 59' 51" EAST 862.16 FEET IN THE NORTHERLY LINE OF SAID PARCEL 3; THENCE
ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID PARCEL 3 THE
FOLLOWING COURSES: SOUTH 89° 59' 51" WEST 862.16 FEET, SOUTH 71° 23' 00"
WEST 365.96 FEET, SOUTH 10° 28' 37" WEST 359.95 FEET, SOUTH 53° 59' 39" WEST
216.80 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 301.75 FEET; THENCE SOUTHWESTERLY 3.96 FEET ALONG
SAID CURVE ANp BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF
00° 45' 10"; THENCE CONTINUING ALONG SAID PARCEL 3 SOUTH 80° 32' 46" EAST
1592.22 FEET, THENCE DEPARTING FROM SAID PARCEL 3 NORTH 53° 21' 02" WEST
85.00 FEET, THENCE NORTH 21° 59' S2" WEST 133.00 FEET; THENCE NORTH 80° 31'
21" EAST 67.98 FEET; THENCE SOUTH 75° 02' 59" EAST 181.04 FEET TO THE
BEGINNING OF ANON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 43.00 FEET A RADIAL LINE TO SAID BEGINNING OF ANON-TANGENT
CURVE BEARS NORTH 70° 33' 29" EAST; THENCE NORTHWESTERLY ALONG SAID
CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 28° 40' OS": THENCE NORTH 75°
02' 59" WEST 410.60 FEET: THENCE NORTH 14° 45' 77" EAST 616.76 FEET TO THE
POINT OF BEGINNING,
PARCEL 2: BEGINNING AT THE EASTERLY TERMINUS OR A LINE SHOWN AS
NORTH 89°59' 51" EAST 861.16 FEET IN THE NORTHERLY LINE OF SAID PARCEL 3;
THENCE ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID .PARCEL 3 THE
FOLLOWING COURSES: NORTH 56° 41' 03" EAST 1321.72 FEET, SOUTH 12° 27' 04"
EAST 731.79 FEET, NORTH 77° 30' 53" CAST 31.17 FEET, SOUTH 68° 49' 19"WEST 11.45
FEET. TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 720.00 FEET; THENCE WESTERLY 22.25 FEET ALONG SAID CURVE ANp
BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 01° 46' 15" TO THE
BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
55.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS
NORTH 22° 56' 56" WEST; THENCE NORTHWESTERLY 39.63 FEET ALONG SAID CURVE.
AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 41° 16' S7" TO
THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 45.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE
CURVE BEARS SOUTH 18° 20' 01"WEST, THENCE WESTERLY AND SOUTHERLY 111.74
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 142° 16' 01" TO THE
BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 700.00 FEET. A RADIAL LINE THROUGH SAID BEGINNING OF NON-
TANGENT CURVE BEARS SOUTH 32° 00'08" EAST; THENCE SOUTHWESTERLY ALONG
SAID CURVE AND CONTINUING ALONG SAID PARCEL 3 122,85 FEET THROUGH A
CENTRAL ANGLE OF 10° 03' 19" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
TO THE NORTHWEST HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHWESTERLY
345:01 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A
CR\PC2004-0 -1- PC2004-
CENTRAL ANGLE OF 28° 14' 21"; THENCE DEPARTING SAID BOUNDARY OF PARCEL 3
ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL 2 SOUTH 29° 25' 1,3° . _
EAST 853.12 FEET; THENCE CONTINUING ALONG SAID PARCEL 2 NORTH 80° 32' 46"
WEST 1087.79 FEET; THENCE DEPARTING FROM BOUNDARY OF SAID PARCEL 2
NORTH 53° 21' 02" WEST 85.00 FEET; THENCE NORTH 21° 59' 52" WEST 133.00 FEET;
THENCE NORTH 80° 31' 21" EAST 67,89 FEET: THENCE SOUTH 75° 02' 59" EAST ]81.04
FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 43.00 FEET A RADIAL LINE TO SAID BEGINNING OF A NON-
TANGENT CURVE BARES NORTH 70° 33' 29" EAST: THENCE NORTHWESTERLY ALONG
SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 28° 40' 05"; THENCE
NORTH 75° 02' S9" WEST 410.60 FEET; THENCE NORTH 14° 45' 17" EAST 616.76 FEET
TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 9, 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 variance and to investigate and make findings
and recommendations in connection therewith; and that said public hearing was continued to the September
8 and 20, 2004, Planning Commission meetings; and
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 waivers of the following to establish a 28-lot, 21-unit, RH-2 (SC)
single-family residential subdivision:
SECTION NO. 18.40.060.030 Recuired private street standards (Sidewalks and parkways
required; none proposed)
2. That there is ho reasonable relationship between the need for the required improvements
and the type of development project on which such requirements are imposed because the existing
residential subdivisions in this area are developed without parkways or sidewalks to maintain the rural
character of the neighborhood.
3. That'*'* indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition. _
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Staff has reviewed the proposal
and the Initial Study (a copy of which is available for review in the Planning Department) and finds no
significant adverse environmental impacts, which cannot be mitigated to a level of insignificance. Mitigation
measures have been identified in the Negative Declaration and Mitigation Monitoring Plan No. 124 for the
project. Therefore, staff recommends that a Mitigated Negative Declaration be approved upon a finding by
the Commission that the declaration reflects the independent judgment of the lead agency; and that it has
considered the proposed Mitigated Negative Declaration together with any comments received during the
public review process and further finding on the basis of the Initial Study that there is no substantial
evidence, with the imposition of mitigation measures, that the project will have a significant effect on the
environment. Commission may wish to note that the mitigation measures identified and incorporated into
this Negative Declaration are subject to the monitoring/reporting program as set forth by Section 21081.6 of
the Public Resources Code.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Variance, 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:
-2- PC2004-
That the property owner/developer shall be responsible for compliance with all the mitigation measures
set forth in Mitigation Monitoring Plan No. 124 created specifically for this project, and for complying
with the monitoring and reporting requirements established by the City in compliance with Section
21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be
responsible for any direct costs associated with the monitoring and reporting requirements to ensure
implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 124, which are
made a part of these conditions of approval by reference.
2. That trash storage area(s) shall be provided and maintained in locations(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with
said Department. Said information shall be specifically shown on the plans submitted for building
permits.
3. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division for review and approval.
4. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Trash truck turn-around shall be provided through each construction phase of the project. Said turn-
around area shall be specifically shown on the plans submitted for building permits.
5. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City TrafFic
and Transportation Manager.
6. That the legal property owner shall provide the City of Anaheim with an easement for electrical service
lines to be determined as electrical design is completed. Said easement shall be submitted to the City
Anaheim prior to connection of electrical service.
7. That any required relocation of City electrical facilities shall be at the developer's expense. That
landscape andlor hardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
8. 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 located
outside the required street setback area fully screened and 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.
9. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developerlownershsll submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the
project. This information will be used to determine the adequacy of the existing water system to
provide the estimated water demands. Any off-site water system improvements required to serve the
project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and
Regulations.
10. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water
Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically
shown on plans submitted for building permits.
-3- PC2004-
11. That the developer/owner shall submit a set of improvement plans to the Public Utilities Department,
Water Engineering Division for review and approval to determine the conditions necessary for_, , . __
providing water service to the project.
12. 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 Exhibits No. 1 and 2, and as conditioned herein.
13. That prior to issuance of a building permit orwithin a period of one (1) year from this date of this
Resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 8, 9, 10 and 11 herein-mentioned, shall
be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits,
Administrative Use Permits, Variances, and Administrative Adjustments) of the Anaheim Municipal
Code.
14. That prior to final building and zoning inspecticns, Condition Nos. 1 and 12, above mentioned, shall be
compiled with.
15. 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.
BE IT FURTHER 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.
BE IT FURTHER 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.
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, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2004-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN W ITNESS W HEREOF, I have hereunto set my hand this day of
2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2004-
City of Anaheim
I~LAt~T1~iIlIVG D~~'AR'~'I1~~IV'~
~.
-~~ -~ ~` October 1, 2004
~m
Red Curb Investments
P.O. Box 995
Torrance, CA 90508
Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting
of October 4, 2004.
3a. CEQA Mitigated Negative Declaration (Readvertised)
3b. Reclassification No. 2003-00109
3c. Variance No. 2004-04626
3d. Tentative Tract Mao No. 16545
Owner: Red Curb Investments, P.O. Box 995, Torrance, CA 90508
Agent: Thomas Hartley, 25971 Arriba Linda, Laguna Niguel, CA 92677
Location: Property is approximately 53 acres, having a frontage of 190 feet at the
terminus of Avenida de Santiago, located 260 feet west of the centerline
of Pointe Premier (No address).
Reclassification No. 2003-00109 -.Request reclassification of the property from the T
(SC)(Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC)
(Residential/Agricultural; Scenic Corridor Overlay) zone to the RH-2(SC) (Single-Family
Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor
Overlay) zones.
Variance No. 2004-04626 -Request waiver of required private street standards to construct
a private residential street without sidewalks or parkways.
Tentative Tract Map No. 16545 -Request to establish a 28-lot, 21-unit detached single-
familysubdivision.
Continued from the August 9, September 8 and September 20, 2004, Planning Commission
Meetings.
ACTION: Commissioner _ motioned, seconded by Commissioner
1. That the property owner/developer shall be responsible for compliance with all the
mitigation measures set forth in Mitigation Monitoring Plan No. 124 created specifically
for this project, and for complying with the monitoring and reporting requirements
established by the City in compliance with Section 21081.6 of the Public Resources
Code. Furthermore, the property owner/developer shall be responsible for any direct
costs associated with the monitoring and reporting requirements to ensure
implementation of the mitigation measures identified in Mitigation Monitoring Plan No.
124, which are made a part of these conditions of approval by reference.
2. That prior to issuance of a building permit, the final map shall be submitted to and
approved by the City of Anaheim and the Orange County Surveyor and then shall be
recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section
66499.40).
209 Soulh Anaheim Boulevard
P.0. Box 3222
Anaheim, Galilornia 92603
www.anaheim.net TEL (714) 765-5139
3. That a maintenance covenant, shall be submitted to the Subdivision Section and'' "'-'"
approved by the City Attorney's office. The covenant shall include provisions for
maintenance of private facilities, including compliance with approved Water Quality
Management Plan, and a maintenance exhibit. The covenant shall be recorded
concurrently with the final map.
4. That the legal property owner shall execute a Subdivision Agreement, in a form
approved by the City Attorney, to complete the required public improvements at the legal
property owner's expense. Said agreement shall be submitted to the Public Works
Department, Subdivision Section and approved by the City Attorney and City Engineer
and then recorded concurrently with the final map.
5. That all units shall be assigned street addresses by the Building Division. Street names
for any new public or private street (if requested by the developer or required by the
City) shall be submitted to and approved by the Building Division.
6. That the streets, sanitary sewer and storm drain within the development shall be
privately maintained. Improvement plans for the private street, sanitary sewer, and
private drainage system shall be submitted to the Public Works Department,
Development Services Division concurrently with the final map.
7. That the sewer connection fee shall be paid.
8. That the legal property owner shall submit an application to abandon the existing public
storm drain easement on the north side of Parcel 3 of Parcel Map No. 87-252 (Parcel
No. 1 of proposed Lot Line Adjustment No. 574). The application shall be submitted to
the Public Works Department, Real Property Section and shall be considered by the City
Council at a public hearing.
9. That approval of this parcel map is granted subject to the approval of Variance No.
2004-04626 and Reclassification No. 2003-00109, now pending.
10. That prior to final parcel map approval, Condition Nos. 3, 4, 6, 7, 8 and 9 above-
mentioned, shall be complied with.
11. 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.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim City Planning Commission
Cc: Thomas Hartley, 29462 Thackery Drive, Laguna Niguel, CA 92677
CR DM.doc
ATTACHI•IENT- ITEM N0. 3SECTION4
PETITIONER'S STATEMENT OF
NSTIFICATION FOR VARIANCE/CODE WANER
(NOT REQUIORED FOR PARKING WANER)
REQUEST FOR WAVER OF CODE SECTION: ~ 0 ' ~~ • ~ ~ ~ • ~3~
C ICI' I~p~Ov~J, _ . _ ~ ~(A separate statement is required for each Code waiver)
PERTAINING TO: '--~f'Wi- yYl~iy'~j"~
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
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; and
2. That, because of such special circumstances, strict application of the zoning code deprives [he property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances [ha[ apply to the property in matters such as size, shape, topography, location or
surroundings? Yes _ No.
If your answer is "Yes," describe the special circumstances:
RLG EX,~E.~>S/vE.V6/CffBDi4NaO.1SS /~ OG ~O NoT/-/gv~ s/pEwAL.-.l ,
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? _ Yes ~ No
If your answer is "yes; 'describe how the property is different: TH/.S P~o~E~ zf /S
Co.e~T/6 Gc~OGr.~S tV/Tf/ it/T~ SiOE~is~G/~'~ .7~E~~Gpd~'iGS~`.v i 3
3.
Do the special circurstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone?~Yes _No
answer if"yes," describe the special circumstances: TH~"~-tO-sT R,OTiS'G~n[, % ~K~
" su.Q.Fo~c..,V,oi.vr f~i6N ~N D l1u.QAL /!GS/cH.t4o.2.5'oo~S 7~0 ~tlo T
4.
s Gr/OLG
fl~v0.?uRA L ~°Ci/A.px1 To Ti,-~ T•2gG T CATC C~0~2 Y, .Dc sT.QvY/~l~
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes _ No OU~ (/A G. ~ t=
EXPLAIN ~>
fd C=N9
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly a~ rized by zone regulations governing subject property. Use variances are not permitted.
~' ~ 3-0~
Simature of Property uhorized Aaent Date
CONDITIO\'AL USE PER~i1TiVARIA\CE NO.
DFC't:MDlR 12, 2000
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ATTACHMENT "B"
~',SP®NS'E 7'® ®I~II~EI~T7'S F'®1~
®~~ERS ~~K ~I~I~IVIS'I®N
TENTATIVE BRACT NO. 16545
INTR®DUCTION
An Initial Study (IS) was prepared by the City of Anaheim (City) in accordance with the
California Environmental Quality Act (CEQA), as amended, to evaluate the potential
environmental impacts associated with development of the Robbers Peak Subdivision (Tentative
Tract Map No. 16545). The IS evaluated the potential environmental impacts associated with the
project for each environmental category listed in the Checklist as included in the most recent
CEQA Guidelines. Mitigation measures were developed and outlined to reduce the potential
impacts of the project to a less than significant level. Based on the conclusions of the IS, the
City intends to adopt a Mitigated Negative Declaration for the project.
The IS was circulated for public review on June 24, 2004. A Notice of Intent to Adopt a
Mitigated Negative Declaration was circulated with the IS. A 30-day comment period was
provided as required by CEQA Guidelines Section 15073(a) which concluded on July 26, 2004.
This Attachment, together with the IS dated June 2004 and the Technical Studies for the
IS dated June 2004, comprise the Final IS documentation as required by CEQA for the Robbers
Peak Subdivision.
City of Anaheim Robbers Peak Subdirisiob
PCR Services Corporation September?004
Page 1
C®1VTMENT LE'T'TERS __
The City received a total of four comment letters. These letters include submissions from
one federal agency and three private parties. Copies of the original comment letters are provided
on the following pages. Each of the comments contained in the letters is responded to in the
Response to Comments section of this Attachment. Each continent letter has been assigned a
number. For example, the first comment letter, submitted by AMEC Earth & Environmental,
Inc., is listed as Letter No. 1. The corresponding response from the City contained in the
Response to Comments section notes the corresponding comment letter number at the top of the
page. None of the comments made on the IS affect the original conclusions related to potential
environmental significance that were drawn in the IS.
Cih~af Anaheim Robbers Peak subdivision
PCR Services Cotpomtion September 2004
Page 2
07-28-2004 09:58am From-
July 27, 2004
Job No. 3-21 2-1 02400
City of Anaheim
Planning Department
200 South Anaheim Boulevard
First Floor
Anaheim, California 92805
Att®ntion: Ms. Amy Vazquez
Re: CEQA Mitigated N®gatave Declaration
Tentative Tract 16545
Anaheim Hills, California
INTRODUCTION
T-244 P.002/008 F-008
l~`- ,~ -
JU~ 2~g
D£~~ ~~~
On behalf of the Santiago Geologic Hazard Abatement District (GRAD), AMEC Earth &
Environmental (AMEC) has reviewed the Initial Study for the proposed Robbers Peak
Subdivision, Tentative Tract 16545 (Volume I) and the Technical Studies for Robbers Peak
Subdivision Tentative Tract 16545 (Volume II). The purpose of the review is to determine that
the geologic, hydrogeologic and geotechnical aspects of the proposed development have been
adequately addressed with respect to their possible impact on adjacent properties and/or
structures. This would include the adjacent Santiago Landslide, and the existing dewatering
system operated by the CHAD. In addition, this review addresses the stability of the existing
slopes that descend from the proposed development and abut properties within the GRAD
along the north side of Buriwood Drive. The following comments and opinions regarding the
CEQA Mitigated Negative Declaration for Tentative Tract 16545 are provided for your review.
2 COMMENTS
1. Technical documents in Volume II are incomplete in that they do not contain all of the
geotechnical reports prepared by the project geotechnical engineers or all of the
geotechnical report review sheets submitted by the Gty's geotechnical consultants.
2. The geologic conditions discussed in the available geotechnical reports indicate three
rock stratigraphic units associated with the La Vida Member of the Puente Formation
directly underlie the proposed project. These rock units include an upper siltstone,
middle sandstone and a lower siltstone. The middle sandstone unit is as much as 80 to
100 feet thick and is relatively permeable. Dewatering wells in the vicinity of the
Santiago Landslide that encounter the middle sandstone unit pproduce significant
quantities of groundwater. In addition to the middle sandstone ufiit, the boring logs
accompanying these reports indicate the bedrock is locally comprised of interbedded
siltstone and sandstone. When exposed at the ground surface, the shallow dipping
middle sandstone and the interbedded sequences of sandstone and siltstone will cover a
AMEC Ea,tl, & Envlnnn,crt61, Inc.
'1290 Narth Hancock Street. Sucre 702
Anaheim, Cotitonfin
USA 92807-791A
Tel 17741779-2591
Faz 17 7 41 779-0:717 wwwamec:com
broad area through which significant quantities of surface runoff can infiltrate. Ail of
these relatively permeable rock units dip toward the northeast extending beneath the
Santiago Landslide. These rock units provide significant pathways through which the
local groundwater system is recharged. However, the geologic maps' attached with
project geotechnical reports do not define the surface expression of the middle
sandstone or the other relatively permeable rock units that could convey infiltrated
surface runoff beneath the Santiago Landslide and have an adverse impact on its
stability. Defining the surface extent and structural configuration of permeable bedrock
strata beneath the proposed development and their relationship to hydrogeologic
conditions of the area is a critical step in evaluation of the potential impact that the
proposed development and the resulting landscape irrigation will have on the Santiago
Landslide and the GHAD's dewatering system. That dewatering system is the only
means currently available for maintaining the existing state of stability for the Santiago
Landslide.
3. The project geotechnical report dated June 2, 2003 indiptes the existence of four
landslides or questionable landslides beneath the proposed development. Three of
these landslides (QIs-1, QIs-2 and QIs-3) originate on the subject property and extend
northerly beneath existing residential properties that front along Burlwood Drive. The
report indicates that Landslide QIs-1 may have been buttressed during grading of the
adjacent properties along Burlwood. Proposed remedial grading to stabilize the
Landslides Qis-2 and QIs-3 within the property will leave landslide debris that extend
down slope beneath the existing residential properties. The stability of landslides Qls-1
and the remaining portions of landslides Qls-2 and QIs-3 that are not regraded will
depend on future groundwater changes that occur as result of the development of Tract
16545. As such, the stability of the landslides and any potential impacts resulting from
possible groundwater changes, should be fully determined and mitigated 'rf necessary
prior to approval of the development. The condition of the Landslide QIs-1 and whether
or not It has been buttressed should not be assumed.
4. The groundwater section of the project geotechnical report indicates that the seepage
and standing water levels noted in exploratory borings is perched. However, widely
fluctuating groundwater levels have been observed in the 28 observation wells and 10
piezometers associated with GHAD's groundwater monitoring end dewatering system
situated immediately to the north and east of the proposed Robbers Peak development.
Groundwater levels prior to January 1993 were typically 20 to 100 feet higher than
curcent levels. The recognized high groundwater levels, which initiated the Santiago
Landslide, were caused by the infiltration of irrigation and rainfall. The existing
dewatering system currently extracts an average of about 50,000 gallons per day from a
ground water surface that varies from 13.5 to 110 feet beneath the existing ground
surface. Dewatering well DW-25 situated along the north side of 6uriwood Drive just
below Landslide QIs-3 currently produces about 7,000 gallons per day from a
groundwater surface that is only 2p feet deep. This indicates that groundwater
conditions are not a perched condition. Dewatering wells DW-36 and DW-37 extract
groundwater from the middle sandstone unit that outcrops in the easterly portion of
Robbers Peak development. When fully operational, these wells have withdl'awn as
much as 16,000 gallons per day from the middle sandstone.
3-1024L.7-27.04.DOC
Job No. 3.212.102400
Page 2
July 27, 2004
Or-2B-2004 0@:5@am Fram- T-244 F.004/00@ F-008
City of Anaheim
CEQA Mitigated Negative Federation
TerKative Tres 16546
Anaheim Hills, Carifomia
~~
5. The project geotechnical report indicates that the potential for surface water infiltration
will be mitigated by the Placement of a low-permeabil(ty compacted fill cap, construction
of subdrains and hydraugers and the incorporation of adequate surface drainage
structures. These recommendations are expected to provide some improvement in
limiting infiltration and the subsequent rise in groundwater levels. However, similar
methods implemented during development of adjacent properties have largely been
ineffective as evidenced by the rise in groundwater and the .resulting occurrence of the
Santiago Landslide in December of 1992 and January of 1993. These
recommendations are provided with out any data to support (i.e. seepage analysis) the
contention that the proposed mitigation measures will be effective.
The hydrogeologic data presented in the project geotechnical report is incohsistent with
the hydrogeologic data discussed in the June 2$, 1996 report for the Santiago Landslide.
As such, the data is considered to pe insufficient with respect to the design of any
mitigation measures that might be affective in controlling infiltration of surface runoff,
rising groundwater levels, and the ability of GHAD's dewatering system to maintain the
existing state of stability of the Santiago Landslide.
2 RBCOMRAENDATIONS
The Mitigated Negative Declaration for the proposed Robbers Peak Subdivision should not be
adopted. Amore focused Environmental Impact Report that addresses the potential negative
impacts resulting from development due to the infiltration of rainfall and applied irrigation water
on the stability of existing landslide deposits and the ability of the GHAD's dewatering system to
maintain groundwater levels critical to maintaining the stability of the Santiago Landslide should
be pertormed. At a Minimum, the focused Environmental Impact Report should include the
following:
Drilling of additional exploratory borings.
® Sampling of soli and bedrock encountered in the borings.
® Laboratory and field-testing.
® instillation of observation wells and p(ezAmeters.
The focused study should be designed to define the hydrologic conditions beneath the proposed
development so that the following can be determined:
The quantity of water that is anticipated to infiltrate Into subsurface as a result of
landscape irrigation and rainfall.
m The ability of the bedrock underlying the development to accept the anticipated
infiltration and the impact on existing groundwater levels.
..~
® The impact of anticipated groundwater levels on the stability of proposed and existing
slopes.
m The impact on the existing groundwater system and its effect on the ability of the
3-X0241.7-27-04.DOC Jep No. 3-212-702400
Page 3
July 27, 2004
07-28-2004 08:58am From- T-244 F.005/008 F-008
City of Anaheim
CEQA Mitlgated Idegatlve Declaration
Tentative Tract 16545
Anaheim Hllls, California
GHAD's dewatering system to maintain the stability of the Santiago Landslide.
The opportunity to provide our services is appreciated. If you have any questions regarding the
comments or recommendations presented above please do not hesitate to call.
Respectfully submitted,
~~~
Mark W. McCarty, CEG
Principal Engineering Geologist
MWM/dc
Encl.: None
c: Ms. Amy Vazquez, Addressee (2}
Mr. Jeff Turner, Santiago Geologic Hazard Abatement District (1)
3-1024L.7.27-04:DOG Job Na. 3.212-102400
Page 4
July 27, 2004
07-28-2004 09:59am From-
v
P
July 26, 2004
T-244 P.006/006 F-008
~ ~~ -_ ___
To: Amy Vazquez, Planner
City of Anaheim
Rrom: Patrick Pepp~ err
Board of Dire rs, AHCC
Re: Comments on Initial Study and Technical Studies for Robbers Peak Subdivision
We have reviewed the n;ferenasd documems and havo the following input az this time:
1. Volume 2, page >l (2nd paragraph), states "..., the 30.7 scree located in the northern and weatstn
portion of the situ (Lots Q and F), which will remain as natural open apace in nerneariri... " This
number of acres to ba maintainod in perpetuity conflicts with ti-e "approximately t$.0 acres"
discussed Volume 1.
2. Even though Perml 1 wilt be desigaated l~pen Space, tltero is no guazantoe that it will remain
upon Space, and even though this developer proposes no development, a future developer could.
Tha entire visual analysis canters around the fact that only I s; ease will be developed.
Thus, the aunulativa impacts of furore development on Parcel 1 should bo oonsidorod, ~ it
should 6e designated as nelursl open space in perpetuity along with dots D and F.
3. What type of mechanism will ba used to guarantee the natural apes space "in perpetuity."
4. Exronaive study bss been given to the project site itself with rogard to stability issues, is there
assurance to existiag prapetty owners near fire project that project grading wil I not cause any
accompanying earth movement on neighboring proper4iesT
Thank you for the opportunity to cotnntent at this time.
PO 801( 19690. ApWfl&IgjCA'dZ®17 a (9141 ZHI-6819
ehsltsmisstess~ e;ik~k~'/etsmhars.0a6ess~/AN®ITCD e e o o a v v s e e s a o 0 o a e a
07-28-2004 08:59am fram-
CC A
PA. hoR 54Y~2
ffivIR®, ~ 936994133
July 25, 2004
T-244 P.007/008 F-000
~e6i~®el9as ~u&~ut~l Res®isrce rtes®a~teti®~ ABllealee, ine.
Amm allianee of Anaericwn Ldimn amd scientltlc co®Jeaauiities workbag for
the presoavataoa of arohaeologiegl sites w®d otheB~ caltnra! resources.
Amy Vasquez, Planner
Planning Department City of Anaheim
200 South Anaheim Boulevard
Anaheim, Cslifomia 92805
Re: Tdae Initial Study for Robbers' Peak Subdivision, TetatatiJ~e ?I'rtct 1~'0.1655 (June Z004j Volume I,
Section V, Cultural Resources, Mitigated Negative Daclatation
Dear Ms Vasquez,
I have reviewed the subject document end the accompanying technical report on behalf of CCRPA. It
appears that the proposed pmject is aot likely to have significant adveaae impact on historical or
archaeological remains since Robbers' Peak vrt11 be avoided altogether and no arcbaeologictti sites have
been recorded. The planned mitigation and protection provisions as described in Measure 15, page 4-15
(attached), are consistent with the archaeologist's recommendations and standard practice. Tbey should
be appropriate for any unanticipated occutsences.
Thank you for the opportunity to review this document. The CCRPA is pleased to work with the City of
Anaheim on cultural resource issues. Please let us know if we can be of further help.
Sincerely,
Virginia Bickford, MA
Archaeologist
Phone: 562 493-5169
Attachment: 1
Sent by fax 7/27/2004 to 714 765-5280
Z'd 6S2S-E6b(295J P-~o3~IoFH eSD~Tt b0 L2 i~C
07-29-2004 09:59am Fram-
~$ ~§93ffi4'~ 8c8H1~FOes?
T-244 P.009/008 F-009
_~._..__ ..u,,..e.. ~,se,muun
Platrtet~otlt~ S~d+~ar+~ ~pcs~ A411igatdon l~zcrnporarell. 1'Le g~cujc:t sicc dne~ teat
15: !7i>vug grading activities, a 4us1i5ed l0jist shall conduct
a~haeo[ngica! aeanita~g for the ~ajeet sitc. Thr atchaeotogist s1n41 be yu~ent et the
laa-$*~a-aa~ ~+'a~ estsbtish ~pnaceautc~ tar atCha~nto~~ ~nn~ eay~n~.
gut ~~ ;n as w,itlr ~ Frojcet Applicant, lures sot tu»pa-.mly
tmtrigg ~ rcd?rcc>ing work to pamrlt saarptin$. identifieaiiaet, m~ataat;on of utc
Yf atcharalogical scaourccs arc diseovere$, Mute logg~tcrtn
hattiarg or ~firetting of grading, the arr3ra~logjst shall tt~rott strait fuultn~ to the
Ptajes[ AppGcaoc the City of J9neheicriP18A1ting The art~eniogisk ~taU
ddmrmirm a~t~trialc aatitms which mSlaes ptnper esptntstioa aral/or saldage.
Esr~tvmrcd ym3s stroll hr offered to the City of Anaheim or its designee, ~ a firsitafiucal
basis
~~ ~ tesoutrr oa rdoe or tataerlnx :'
~x . ~ ~~
Pagc4•t5
E • d 6Si:9-E64 tZ95 t p~o3>lot H eSD = S t 1.0 LZ inC
07-30-2004 10:Z5am From-
T-257 P.001/003
Amy Vazquez JLIL ~ `~ .
City of Anaheim
200 South Anaheim Boulevard
Anaheim, California 92805
F-045
Re:" Mingate3Negative Declaration for the Robbers Feak'Sutidivision (Ten[aiive'Tract iNumber
16545), City of Anaheim, County of Orange, California
Dear Ms. 'Vazquez:
The United States Fish and wildlife Service (Service) has reviewed the Midga[ed Negative.
Declaration (MND) for the Robbers Peak Subdivision in the Ciry of Anaheim, Orange County,
California. The MND was received on .Tune 29, 2004. The proposed project involves the
construction of 21 homes on 14.9 acres of a 53.1-acre property. Approximately 18.0 acres of the
property would be designated as.open space, but pottiotts of the open space would be subject to fuel
modification, and the remaining 20.2 acres would be neither conserved nor developed.
The proposed project is within the planning area for the Central/Coastal Orange County Natural
Community Conservation Plan/Eiabitat Conservation Plan (NCCP/BCP), which is a regional plan
designed to provide for the long-term protection of the federally threatened coastal California
gnatcatcher (Polioptila californica californica, "gnatcatcher") and other identified species. The
NCCP/HCP provides a regional framework for mitigating impacts co habitats and species affected by
projects proposed by landowners and jurisdictions participarory to the NCCP/HCP. The Ciry of
Anaheim is a participating jurisdiction in the NCCP/FTCP, which authorizes property owners in the
City to mitigate impacts to identified species through the payment of a fee based on the acreage of
-coastal sage scrub impacted. Use of the fee is subject to guidelines describedimthe NCCP/FICP.
After reviewing the above MND, we offer the following comments and suggestions:
1. Chatnise-sage scrub vegetation should be included when calculating the amount of coastal
sage in the anticipated impact area. As described in the accompanying biological constraints
study (Section C of Volume II), the chemise-sage scrub contains many of the plant species
associated wi[h coastal sage scrub and is heavily utilized by the gnatcatchers on site.
2. All coastal sage scrub in the fuel modification zone should be considered permanently
.impacted, not just the portions that require irrigation. The vegetation thinning and selective
removal of more flammable sage scrub species creates a habitat that is less suitable or
unsuitable for many species found in'sage scrub. Tn addition, the plant and anima] species
lB~1 [~ ~j~j
OT-30-2004 10:25am Fram- T-257 F'.003/003 f-045
Amy Vazquez (FWS-t7R-2268.1) 2
remazning in fuel modification Zones will be subject to continuous disturbance as a result of
vegetation clearing activities. We strongly recommend that any vegetarion thinning `"~.
associated with fuel modification be conducted prior [o February 15 or after August 30 co
minimize the likelihood that active bird nests in the fuel modification zone will be disturbed.,
3. Per the NCCP/HCP, a plan to mitigate potential impacts to the foothill Mariposa lily
(Calochorrus weedii var. inrermedius, "lily") must be prepared in coordination with the
Service and California Department of Fish and Game (Department) prior to any ground
disturbing or vegetation removal on site. Lilies that are found in portions of the fuel
modification zone subject to irrigation should be considered impacted, and these impacts
should be mitigated through methods such as relocation of the affected plants, habitat
.enhancement, or other suitable measures approved by the Service and Deparument. Lilies in
the portion of the fuel modification zone subject to thinning without irrigation maybe able to
persist. Previous observations suggest that this species responds well in areas where
vegetation has been thinned due [o fire or physical removal. However, the ability of lilies to
persist over the long term in areas subject to annual thinning is not known. Therefore, the
mitigation plan should include along-term monitoring program to ensure that the lily
population in these areas persists. In addition, any fuel modifcaton in the vicinity of the
lilies should be monitored by a qualified biologist to ensure that these plane aze not
inadvertently impacted.
4. The cover letter accompanying the MND stares that the projece includes the development of
14.2 acres and preservation of 38:8 acres. Ilowever, the MND states that proposed project
involves [he development of 14.9 acres and conservation of 18.0 acres of open space (which
would be subject to fuel modification). The remaining 20.2 acres is not currently proposed
for development but would not be preserved either, as future development of the site is not
precluded. We recotmnend that this inconsistency be resolved and that a conservation
easement be placed over all lands proposed for conservation.
We appreciate the opportunity to comment on this MND. If you have any questions regarding this
letter, please contact Jonathan Snyder of my staff at (760) 431-9440.
Sincerely,
~~~~
~~Karen A. Goebel
Assistant Field Supervisor
cc'
Lyn McAfee, NROC, Irvine, California
Warren Wong, CDFG, San Diego, California
RESPONSE TO COMMENTS
LETTER NO. 1
Date Received: July 27, 2004
Mark W. McCarty, CEG
AMEC Earth & Environmental, lnc.
1290 North Hancock Street, Suite 102
Anaheim, California 92807-1924
RE: CEQA Mitigated Negative Declaration Tentative Tract 16545
G.A. Nicoll, the project geotechnical engineer, addresses the comments contained in this
letter in Attachment 1.
City oCAnaheim Robbers Pmk Subdivision
PCR Services Cotporetion September 2004
Page 14
Attachment: Response to Comments
LETTER N0.2
Date Received: July 27, 2004
Patrick Pepper, Chair
Board of Directors
Anaheim Hills Citizens Coalition
P.O. Box 17578
Anaheim, California 92817
RE: Comments on Initial Study and Technical Studies for Robbers Peak Subdivision
Response to Comment No. 1
Comment 1. by the Anaheim Hills Citizens' Coalition (AHCC) identified a discrepancy
between Volume I and II regazding the acreage to remain as natural open space in perpetuity.
This discrepancy was previously acknowledged in Volume I. As noted on page 1-2 of Volume I,
the Visual Analysis Study as well as other technical studies found in Volume II, were prepared
prior June 2004. In June 2004 revisions were made to the project. While some of the
information in the project description of the technical studies contained in Volume II (i.e., the
amount of acreage to remain open space in perpetuity) was not updated, the changes made to the
project in June 2004 did not alter the conclusions and recommendations made within these
technical studies. The information contained in Volume I is correct (18.0 acres of land will
remain in open space in perpetuity).
Response to Comment No. 2
In response to Comment 2. by the AHCC, no General Plan Amendment or
reclassification (zone change) is proposed on Pazcel 1. As described in Volume I, Parcel I
would retain its existing General Plan designation (primarily designated as Hillside Medium
Density) and zoning (RS-A-43,000 (SC)), which allows for development of residential uses.
While it has always been the intent of the Project Applicant to maintain Pazcel 1 as undeveloped
land, it is acknowledged that the Hillside Medium Density land use designation allows a density
range of up to 16 dwelling units per acre (du/ac) and that development of this area could be
proposed at some unlrnown future date (albeit not by the current Project Applicant).
Notwithstanding, even if residential development was proposed on Parcel 1 in the future and a
zone change was proposed to be consistent with the existing land use designation, development
would be constrained. First, future residential development on Parcel 1 would require
demonstration of public access to the site and as shown on Figure 3 of Volume I, future access to
Parcel 1 is severely limited. Pazcel 1 is surrounded by residential development to the north
(separated by relatively steep terrainj, Santiago Oaks Regional Park is located to the south, and
Anaheim Hills Elementary School to the west making it very difficult to provide access to the
City of Makeim Robbers Peak Subdivision
PCR Services Comomtion September 2004
Page 15
Attachment: Response to Comments
Parcel 1 from any of these directions. Access to Parcel 1 could be provided to the east via the
proposed ZO-foot wide corridor that connects Parcel 1 to the extension of Avenida de Santiago
proposed in Parcel 2. However, the narrow width of the comdor would not meet the design
requirements for a private (minimum of 23 feet) or a public street (minimum of 25 feet) to allovr
appropriate public access and therefore, full build-out of Parcel 1 at up to 16 du/ac consistent
with its current Hillside Medium Density land use designation would not be permitted. The
maximum allowable development that could potentially be served by the proposed 20-foot wide
corridor would be one residential unit, or possibly two (one home with associated guest house or
granny flat) with a private driveway.
If the development of two homes within Parcel 2 were proposed in the future, this
development would be subject to the City's zoning ordinance and applicable codes, policies, and
development regulations, and would need to be evaluated at the time a specific proposal is
introduced. It can be expected however, that such future residential development would
generally be compatible with the proposed project. The potential for significant aunulative
impacts from the proposed project and future development of Pazcel 1 (i.e., development of two
homes) would be less than significant for air quality, noise, and transportation traffic as is the
case for the proposed project itself. In addition, the project and future development of Parcel 1
would be expected to comply with applicable federal, state, and City regulations that would
preclude significant cumulative impacts with regazd to aesthetics, biological resources,
geology/soils, and cultural resources. Furthermore, any new demands on public services such as
fire protection, police protection, schools, and parks resulting from the project and future
development on Pazcel 1 would be less than significant as the service providers standard fire
protection measures (i.e, fire retardant roofing, residential building sprinkler systems, and fuel
modification), and schools and pazks fees would be imposed in conjunction with discretionary
and ministerial pemvts. Therefore, cumulative impacts would be less than significant.
Response to Comment No. 3
In response to comment 3. by the AHCC, the reclassification (zone change) of the 18.0
acres from Residential/Agricultural (RS-A-43,000 (SC)) to Open Space (OS) would be the
means through which the land would be protected from future development. The intent of the
OS zone is to protect and preserve natural resources. No development, other than those
permitted in the OS zone (e.g., recreational facilities), would be allowed.
Response to Comment No. 4
G.A. Nicoll, the project geotechnical engineer, addresses this comment in Attachment 1.
City ofAnaheim Robbers Peak Subdivision
PCR Services Corporation September 2004
Page 16
Attachment: Response to Comments
LETTER N0.3
IDate Received: July 27,2004
Virginia Bickford, MA
California Culttual Resource Preservation Alliance
- P:O. Box 54132
Irvine, California 92619-4132
RE: Initial Study for Robbers Peak Subdivision, Tentative Tract No. 16545
Response
This letter indicates California Cultural Resource Preservation Alliances' (CCRPA}
concurrence that the proposed project is not likely to have a significant adverse impact on
historical or archaeological remains and that the mitigation measures recommended are
sufficient. The comment is noted. Since the comment is not directed at the adequacy or
conclusions in the Initial Study, no further response is required.
City pfAnaheim Robbers Peak Subdivision
PCR Services Corporation September 2(104
Page 17
Attachment: Response to Comments
LETTER N0.4
Date Received: July 27, 2004
Karen A. Goebel
United States Department of the Interior
Fish and Wildlife Service
6010 Hidden Valley Road
Carlsbad, California 92004
RE: Mitigated Negative Declarafion for the Robbers Peak Subdivision (Tentative Tract
No. 16545)
Respons a to Comment No. 1
Comment 1. by the U.S. Fish and Wildlife Service (USFWS) suggests that chamise sage
scrub should be included when calculating impacts to coastal sage scrub. The City concurs and
hereby modifies its conclusions contained in its Biological Constraints Study (Section C of
Volume II) as follows. As shown in Table 1 of the Biological Constraints Study, the chamise
sage scrub plant community would not be impacted by grading. Therefore, grading impacts to
coastal sage scrub would not change. However, a total of 0.4 acre of chamise sage scrub would
be impacted within fuel modification zones (0.1 acre of permanent impacts within zones A and B
and 0.3 acre of temporary impacts within zones C and D). Section 5.1 of the Biological
Constraints Strrly (Volume II) reported a total of 0.3 acre of permanent impacts and 0.9 acre of
temporary impacts to coastal sage scrub due to fuel modification. These totals included impacts
to the sagebruslrbuckwheat scrub, mixed scrub, and southern cactus scmb plant communities.
The revised total, which includes the chamise sage scrub plant community, is 0.4 acre of
permanent impacts and 1.2 acres of temporary impacts. These changes will affect mitigation
measures 6, 7, and 12 of the Initial Study but will not aster the conclusions related to potential
environmental significance that were drawn in the Initial Study.
Response to Comment No. 2
Comment 2. by the USFWS suggests that all coastal sage scrub in the fuel modification
zone be considered permanently impacted, not just the portions that require irrigation. The
thinning of vegetation within fuel modification zones C and D may be considered a form of
"sere" conversion from a denser coastal sage scrub community to a more open canopy coastal
sage scrub. This conversion will open up the habitat to a different .suite of species as well as
continue to provide habitat to many of the species currently occupying it including the coastal
California gnatcatcher. The gnatcatcher is lrnown to utilize a variety of habitat types for foraging
and dispersal activities including areas of less dense shrub cover (i.e., sagebrush grasslands) that
can be a part of breeding territories/use areas. Therefore, the City respectfully disagrees that the
City of Anebeim Robbers Peek Subdivision
PCR Services Co[pomtion September 2004
Page 1 R
Attachment: Response to Comments
thinning of vegetation fox fuel modification purposes should be considered a permanent impact.
Comment 2. by the USFWS also suggests that vegetation thinning within the fuel modification
zone be conducted prior to February 15 or after August 30. The City concurs and hereby
incorporates the following mitigation measure as part of the proposed project:
Measure 36: The Covenants, Conditions, and Restrictions (CC&R's), or other approved
documents shall stipulate that vegetation thinning associated with the fuel modification zones
shall be conducted outside of the breeding season (Febmary 15 through August 30) to avoid
impacts to nesting birds and if vegetation thinning within the fuel modification zones cannot be
conducted outside of the breeding season, a nesting bird survey shall be conducted by a qualified
biologist to determine if nesting birds are present within the area. If any active nests are
detected, a buffer of at least 300 feet shall be delineated, flagged, and avoided until the nesting
cycle is complete as determined by the biological monitor. Maintenance of the fuel modification
area within the project site shall be the responsibility of the Homeowner's Association pursuant
to the fmal Fuel Modification Plan and related conditions as approved by the City. (Timing: Prior
to recordation of Final Map; Responsible Agency to Monitor: Planning Department).
In addition to Measure 36, Measures 6 through 14 of the Initial Study (Volume I) will be
implemented to minimize impacts to coastal sage scrub, the coastal California gnatcatcher, and
other coastal sage scmb species.
Response to Comment No. 3
Comment 3. by the USFWS states that per the NCCP/HCP, a plan to mitigate potential
impacts to the foothill mariposa lily must be prepazed. The foothill mariposa lily is covered
under the NCCP/HCP. However, mitigation is only required if more than 20 individuals would
be impacted by the proposed project. As stated in the Biological Constraints Study, no foothill
mariposa lilies would be impacted during grading. Several individuals occur within the fuel
modification zone. An analysis was conducted to determine if the foothill mariposa lily
locations aze within irrigated andlor thinning fuel modification zones. The locations, which were
identified using a global positioning system, were overlaid on CADD drawings of the fuel
modification zones using GIS to estimate the number of individuals within each of the fuel
modification zones. Assuming an evenly distributed population of lilies within the mapped
azeas, the analysis indicated that less than 20 foothill mariposa lilies would be impacted within
the imgated zone. The remaining individuals occur within thinning zones or within project open
space azeas. Since the minimum threshold of 20 individuals is not met, a mitigation plan is not
required. Therefore, the City respectfully disagrees that a mitigation plan of any ltind is
warranted. Notwithstanding, the following mitigation measure will be incorporated as part of the
proposed project:
City of Anaheim Rotrbers Penk Subdivision
PCR Services Corpomeion September 2004
Page 19
Attachment: Response to Comments
Measure 37: The Project Applicant shall make every effort to locate foothill mariposa
lily bulbs within the irrigated zones and transplant them in suitable habitat areas within thinning° ' ""
zones or proposed open space. (Timing: During implementation of the fuel modification plan;
Responsible Agency to Monitor: Fire Department).
Response to Comment Na. 4
Comment 4. by the USFWS notes a discrepancy between the cover letter accompanying
the Initial Study and the Initial Study itself regarding the acreage to remain as natural open space
in perpetuity. We acknowledgz this discrepancy. The information contained in the Volume I
Initial Study (i.e., 14.9 acres of development, 18.0 acres of open space, and 20.2 acres of no
development) is correct. The reclassification {zone change) of the 18.0 acres from
Residential/Agricultural (RS-A-43,000 (SC)) to Open Space (OS) would protect this land from
future development. Parcel 1 (20.2 acres) would retain its current General Plan and zoning
designation (RS-A-43,000 (SC)). While it is the intent of the Project Applicant to maintain
Parcel 1 as undeveloped land, a conservation easement on this property is not proposed as part of
this project. Please refer to responses to Comment Letter No. 2 for a detailed discussion of this
issue.
City or Anaheim Robbers Peak Subdivision
PCR Services Corporation September 2004
Page 20
® ~ ® ~~
and Ass®ciates, inc.
August 10, 2004
Project 6102-04.2
Newcastle Homes, LLC
25971 Amba Linda
Laguna Niguel, California 92677
Attention: Mr. Tom Hartley
Subject: Response to Reviews
Anaheim Hills Citizen's Coalition
Santiago Geologic Hazard Abatement District
Tract 16545, Anaheim Hills, California
Gentlemen:
We have received the following responses from neazby interested parties
in regazd to the subject planned residential development. They include the
July 27, 20041etter from the Anaheim Hills Citizen's Coalition (of which
Item 4 is geotechnically related). Also, the review dated July 27, 2004
from the Santiago Geologic Hazazd Abatement District which was
prepazed by AMEC Earth and Environmental (Items 1 thru 6).
We have retained the services of a prominent Hydrogeologist, Mr. Edwazd
I. Wallick, Ph.D., who has reviewed and made suggestions regazding this
letter response. A sepazate letter attesting to his review .accompanies this
letter.
Item 4 of the Anaheim Hills Citizen's Coalition
uestion: "Is there any assurance to existing property owners?"
Response: All proposed future project grading, construction and long-
term operations planned will only increase the stability of the neazby
properties. During grading and for the long-term conditions only
increased overall stability is considered acceptable.
Geologic and Soil Engineers
2146 Michelson Dr., Ste. A, Irvine, CA 92612-1304 (949J 250-9111, FAX (949J 250-7471
ATTACHMENT "B"
Newcastle Homes, LLC
August 10, 2004
Project 6102-04.2
Page 2
Previous landslides have resulted from the hydration of expansive clays that have formed
by the weathering of ash beds in the presence of groundwater. The most important thing
that can be done to decrease the probability of landslides on the subject property and
adjacent properties is to decrease the volume of groundwater that is present. This will be
accomplished through a combination of natural and engineered systems that are
associated with all proposed future project grading, construction, and long term
operations.
Ytem 1 Resaonse to AMEC
Although AMEC does not have all pertinent information including all of the geotechnical
reports prepazed by the project geotechnical engineers or all of the geotechnical report
review sheets submitted by the City's geotechnical consultant", it is regarded that the
City's reviewing consultant, Albus-Keefe and Associates, should have these reports
available for review by any agency approved by the City of Anaheim.
Item 2
a) We agree that the middle Sandstone unit of the La Veda Member of the Puente
Formation may be the same Sandstone unit with the La Veda Member that
underlies the Santiago Landslide at a distance of about 1,000 feet from the Tract
16545 project site. However, the Sandstone unit encountered within our borings
BN-8 and BN-9, which we believe may be related to the "Middle Sandstone"
beneath the Santiago Landslide, is faz diminished thickness-wise from the 80 to
100 feet reported beneath the Santiago Landslide. The reduced thickness is
probably a product of lithologic change and faulting; if indeed they are the same
unit.
b) Furthermore, we concur that there is reported substantial groundwater at the
Santiago Slide area. However, there is strong evidence that such water may be
water from within the landslide mass and/or immediately surrounding areas,
which .aze underlain primarily by Sandstone of the 5oquel Member of the Puente
Formation.
c) We reported that there aze some Sandstone and Siltstone interbedded; within the.
La Veda Bedrock at the site. However, there aze also numerous ash and Clayey
Siltstone beds which limit water flow. The statement that "rock units provide
significant pathways through which the local groundwater system is recharged" is
true; however, we have seen no record that the local groundwater system has been
rechazged within Tract 16545.
Newcastle Homes, LLC
August 10, 2004
Project 6102-04.2
Page 3
d) AMEC is asking for chazacterizadon of the hydrostatigraphy and structure in
order to evaluate whether landscape irrigation will result in hydration of Santiago
Landslide components. This exercise will require a significant investment in
terms of borings and monitoring. Rather than asking whether landscape irrigation
will result in saturation of landslide components, the approach has been to assume
a priori that this process happens to a greater or lesser degree, and to circumvent
the process by either installing or enhancing the operation of natural systems that
.act to intercept and/or divert precipitation, irrigation, and infiltration before it can
recharge the water table aquifer.
Item 3
The landslides (QLS 1,2,3) include prehistoric landslide material that does extend off the
project property. We concur that future groundwater changes aze critical in maintaining
slope stability. Our assumptions for high groundwater levels and our mitigation
measures aze more than sufficient to assure that the planned site grading will only serve
to improve short and long-term stability.
Ytem 4
a) We believe that groundwater within our project site occurs in perched aquifers,
and that there is no extensive saturated zone within the depth range where
landslides can occur. The observation wells and piezometers that have been
installed in the neazby Santiago Landslide have provided valuable and important
data suggesting that high water table elevations and groundwater pumping rates
have triggered land instability in the neazby property.
b) Prehistoric high water tables aze most likely associated with higher rainfall during
the Pluvial period following the end of the Wisconsin ice age approximately
10,000 years ago. The Tract 16545 landslides aze considered prehistoric and were
probably a result of high groundwater levels at that time.
c) Again, rather than conducting additional chazacterization to detemrine that the
"Middle Sandstone" is the same Middle Sandstone that you suggest is present
beneath both sites, we assume that hydraulic connection does exist between the
two units; although as noted previously, the subject Sandstone unit is much
reduced in thickness at the project site.
Item 5
a) The Santiago Landslide azea deficiencies with respect to mitigation and with respect
to groundwater levels aze obvious; however, the overall topography, geology, runoff
chazacteristics, and geologic history are significantly different. The requested
Newcastle Homes, LLC
August 10, 2004
Project 6102-04.2
Page 4
seepage analyses could be accomplished, however, whether rigorous or detailed, it is
possible to assume very conservative values; we conclude that it is imperative that
any osp Bible water from Tract 16545 azea must be decreased so that there is no efr"ect
from the proposed development other than to enhance on-site and off-site stability.
Assumptions such that groundwater flow through the middle Sandstone might range
from 3 feet per day to 3 feet per yeaz in the natural terrain of Tract 16545 is qualified
by the fact that the project site is at the top of a ridge and is generally an area of high
surface runoff rather than having azeas of infiltration and also that the absence of
significant groundwater in Tract 16545 attests to a general low permeability that the
capping material will not only be finer grained soIl but also is to include soil cement,
roof azeas, street and sidewalk areas (all with good drainage and sub-drainage).
b) The overall effect of the proposed Tract 16545 grading and remediation will be to
dissipate the most consequential areas of potential rechazge; that being the shallow
soil and rock deposits. Other geologic factors considered important is that there aze
no ponding azeas on the site, that there aze fairly continuous ash and concretionary
beds within the sedimentary bedrock which conditions all contribute to minimizing
the potential for infiltration and the development of a shallow groundwater table
aquifer.
c) Again, the additional detail that AMEC requested concerning modeling of seepage
would require a significant investment in field instmmentation that would be better
used in the installation of engineered systems designed to reduce or eliminate
infiltration to the subsurface.
Item 6
We understand that there is an inconsistency between the Santiago Slide hydrology data
and our site, in that we have found no significant groundwater. The projections of water
levels from adjoining areas are shown by contours on our Geologic Map and aze
projected up into Tract 16545 from the neazest known groundwater contours. The
purpose of this projection is to present the highest groundwater with respect to osp Bible
influence should groundwater levels ever increase. The water level is substantially
higher than that which we believe will ever occur. Regardless, we have assumed such
high levels because of the City of Anaheim's (and their reviewing consultants)
requirement that very conservative analyses be made. We also recognize that the final
design pazameters aze yet to be defined and future variations and specifications will be
soon presented, as we aze currently in the process of the geotechnical design requirements
for the final grading plan preparation.
Newcastle Homes, LLC
August 10, 2004
Project 6102-04.2
Page 5
Summary
The presence of various independent systems regazding the control of surface .and
subsurface drainage are in place. It is IMPERATIVE to note, even if the Santiago
Landslide dewatering system were to fail, that there are other systems and site conditions
in place to represent both natural and Fixed engineering controls which will be of benefit
to both the surrounding properties as well as the Tract 16545 project. We maintain that
obtaining stable moisture conditions with decreased infiltration is the only acceptable
condition.
The recommendations for environmental impact changes (reversing negative declazation
status and additional drilling, analyses, etc.) represent concerns we regazd unnecessary.
If you have any questions, please call.
Very truly yours,
G. A. OLL AND ASSOCIATES, INC..
. ~ered G
~
Gerald A. Nicoll
President, Chief Engineeri e `
Ger Id q(
olo~~ott
CEG 34 ~ No. 34
(Exp. 12/31/05) Certified
Engineering
GAN/GDH:cw S Geobgist
~a, ~
-..~D.~ ;
Gerald D. Horton
Chief Exploration Geologist
CEG 1175
(Exp. 3/31/05)
Attachment: Letter from Dr. Edward I. Wallick
ATTACHMENT "B"
August 27, 2004
It®]B~EIBS PPAIZ SI)~IIDTVISI®~t
Anaheim lAfilRc; Caiiffornia
'Tentative'Tract 16545
Peer Review: Landslide Concel~s on
1Veighboring Properties
AEI Project Number 25596
Prepared For
G. A. NICOLE AND ASSOCIATES
2146 Michelson Dr., Suite A
Irvine, California 92612
Prepared By
AEI CONSULTANTS
2309 Pacific Coast Highway, Suite 206
Hermosa Beach, California 90254
(310) 798-4255
'F ~x ~ p°~ 2309 Paclflc Coasf Highway, Sui}e 206, Hermosa Beach. CA 90254-2753
'oL Phone: (310) 798-4255 Fax: (310) 798-2841
e~-
August 27, 2004
Gerald A. Nicoll, President
G. A. Nicoll and Associates
2146 Michelson Dr., Suite A
Irvine, CA 92612
RE: Robbers Peak Subdivision
Anaheim Hills, California
Tentative Tract 16545
Peer Review: Landslide Concerns on Neighboring Properties
AEI Project No. 25596
Deaz Mr. Nicoll:
You asked me to offer comments regazding a review by AMEC Earth and Environmental, Inc.
(AMEC) of documentation pertaining to the proposed Robbers Peak Subdivision in Anaheim
Hills as well as the approach that is being recommended by G. A. Nicoll and Associates
(NICOLE). This letter presents background material pertaining to landslides of a relevant
nature, abridged summaries of AMEC's review and recommendations, anevaluation of AMEC's
review and recommendations vis a vis the literature approach, and a summary of the position of
NICOLE to which this writer contributed.
1.0
pn behalf of the Santiago Geologic Hazazd Abatement District (GRAD), AMEC reviewed the
Initial Study for the proposed Robbers Peak Subdivision, Tentative Tract 16545 (Volume I) and
the Technical Studies for Robbers Peak Subdivision Tentative Tract 16545 (Volume II). The
purpose of the review was to determine that the geologic, hydrologic, and geotechnical .aspects of
the proposed development had been adequately addressed with respect to their possible impact
on adjacent properties and/or structures. Included were details regazding the adjacent Santiago
Landslide, and the existing dewatering system operated by the GRAD. Additionally, the review
addressed the stability of the existing slopes (Tract 16545) that descend from the proposed
development and abut properties within the GRAD along the north side of Burlwood Drive.
The Anaheim Hills Citizens' Coalition has been seeking assurance that project grading of the
proposed Robbers Peak Subdivision will not create a condition that triggers a landslide on
neighboring properties. Although the Tract 16545 project site has been extensively studied by
NICOLE with respect to stability issues, the Coalition was uncertain as to whether sufficient
safeguazds would be in place to prevent landslides. The Coalition's concerns were considered
serious because of previous landslide activity in the azea.
CHICAGO o FT. LAUDERDALE o LOS ANGELES o SAN FRANCISCO
www.aeloonsultants.com
Ann And A09A
AEI Consultants
Robbers Peak Subdivision, TentativeTrnc716545
August 27, 2004
Page 2
2.0 BACICGR®TJNID
It is believed that previous landslides in the subject azea have resulted from the hydration of
expansive clays that have formed by the weathering of ash beds in the presence of groundwater.
Please consider the following quoted information by W. J. Eden (1971) who developed
background material regazding landslides in clays:
2.1 Features ol'I.andslides
The term "landslide" denotes downwazd and outwazd movement of slope materials composed of
natural or deposited soils." A landslide consists of a very definite surface of rupture along which
the material involved in the landslide moves over undisturbed material. The surface of rupture
extends to a considerable depth below the surface so that a landslide cannot be considered a
surface phenomenon. Important factors influencing the stability of a slope aze:
• Inclination;
• Over-all height;
• Soil material;
• Position of the water table;
• Structural geology (sequence of strata, slope of beds, faults or imperfections).
2.2 Stability Analysis
Parameters for slope stability analysis fall under three broad headings:
• Geometry of the slope;
• Soil and groundwater conditions;
• Strength of the soil mass.
Of the above three parameters, only the geometry of the slope can be determined accurately and
precisely through ground surveys or mapping with aerial photogrammetric methods. Soil and
groundwater conditions must be established through test drilling and exploration. Each soil
stratum must be identified and its strength assessed by soil testing procedures. Close attention
must be given to sloping strata, fissures, or any structural feature that might influence stability.
The position of the water table must be established and information sought that would indicate
its highest position during the yeaz.
The stability analysis of a given slope is not precise. A number of assumptions implicit in the
method, particulazly those relating to the sheaz behavior of natural soil masses, aze seldom
satisfied in nature. The main value of a stability analysis is that it provides a rational method by
which measures to reduce the risk of a slope failure, ...within acceptable limits..., can be
evaluated.
AEI Consultants
Robbers Peak Subdivision, Tentative Tract ! 6545
August 27, 2004
Page3
2.3 Importance of IDrainaee
Water drains freely from coazse-grained soils such as gravels and crushed rock. These materials
can stand on slopes equal to their angle of repose. Fine-grained soils, on the other hand, do not
drain freely, and water has a great influence on their strength and behavior. Because of their low
permeability, the flow of water through them is restricted and the pressure in the pore water can
vary widely with changing groundwater conditions. Under dry conditions, these soils will not
fail immediately, even if cut to very steep slopes, but their stability does decrease with time. The
sheaz forces that exist within a slope must be resisted by a shearing strength if the slope is to
remain stable.. Pore water pressure, determined by the position of the water table, has a direct
influence on the apparent sheaz strength developed by the soil; the higher the pore water
pressure, the smaller the shearing resistance. Thus drainage or position of the water table has a
drrect influence on the stability of a slope.
2.4 Conditions
The most critical slope stability problems occur with fine-grained soils, especially clays, because
they aze difficult to drain, and erosion by streams and wave action leaves many slopes on the
verge of failure. When fine-grained soils are involved in earth movement, a significant portion
of their strength is lost upon remolding.
2.5 Causes of Landslides
Landslides may occur in slopes oversteepened by the process of stream or wave erosion or by the
activities of man in grading slopes. Oversteepened slopes may stand in appazent stability until
abnormally high water tables develop in response to high precipitation and infiltration, thus
reducing the sheaz resistance and triggering the slide.
2.6 Stabilizine Measures
The stability. of existing slopes can be increased by three basic measures:
® Control of groundwater;
® Over-all flattening of the slope;
o Prevention of erosion at the foot of the slope.
...On-site, the above includes soil improvements, remedial grading, and stabilization
structures/elements...
Improvement of drainage will ...also... be beneficial. Ditches and underground drains should be
constructed to prevent the accumulation of surface water above the top of the slope. Measures
should be taken to prevent erosion by such ditches.
AEI Consultants
Robbers Peak Subdivision, Tentative Tract 16545
August 17,1D04
Page 4
If it should become necessary to conduct earth works near a slope, such work should always be
directed towazd improving the stability moments such as adding weight to the foot of the slope or
removing material from the crest. In dealing with a natural bank, it is especially important not to
excavate material from the foot of the slope. In placing fills or bemvs at the foot of the slope, the
materials used should be free draining so that the water table elevation is not raised.
Erosion control is a very effective means of maintaining slopes that have either a stream or body
of water with significant wave action at their foot. Riprap, a rock berm, or a small revetment
wall along the bottom of the slope can control such erosion.
2.7 General Remarks
Natural slopes that have remained stable for centuries occasionally fail with catastrophic
consequences as a result of slow environmental changes. Sometimes, the changes aze
accelerated by construction activities. Steeply cut slopes may remain stable for a few yeazs but
fail suddenly under changing conditions.
The stability of a slope cannot be predicted with precision, although an experienced geotechnical
engineer, on the basis of a thorough site investigation, can make a reasonable assessment of an
area. Such an investigation requires analysis of soil and groundwater conditions coupled with a
study of the local geology, including existing stable and unstable slopes.
2.8 Summary
The three most important aspects of an investigation of the potential for landslides to occur aze
evaluation of:
® Geometry of the slope;
® Soil and groundwater conditions;
® Strength of the soil mass.
The three most important measures that can be taken to stabilize a potential landslide azea are:
® Control of groundwater;
® Over-all flattening of the slope;
® Prevention of erosion at the foot of the slope (See pazagraph following 2.6).
3.0 SUMI~YARY ®F AIVYEC REV1<EW
a.) Defining the surface extent and stmctural configuration of permeable bedrock strata
beneath the proposed development and their relationship to hydrogeologic conditions
of the azea is a critical step in evaluation of the potential impact that the proposed
development and the resulting landscape irrigation will have on the Santiago
Landslide and the GHAD's dewatering system.
AElCansu[tants
Robbers Peak Subdivision, Tentative Tract 16545
August 27, 2004
Page 5
b.) The stability of four landslides or questionable landslides beneath the proposed
development will depend upon future groundwater changes that occur as a result.. of
the development of Tract 15545. As such, the stability of the landslides and any
potential impacts resulting from possible groundwater changes should be fully
determined and mitigated if necessary prior to approval of the development.'
c.) The recommendations of the project geotechnical report to mitigate the potential for
surface water infiltration by the placement of aloes-permeability compacted fill cap,
construction of subdrains and hydraugers, and the incorporation of adequate surface
drainage structures were deemed ineffective by AMEC because the same methods did
not prevent the rise in water table that triggered the Santiago Landslide in December
1992 .and January 1993. AMEC objected to implementation of the recommendations
without supporting data, i.e., seepage analysis, to prove that the proposed measures
would be effective.
d.) Hydrogeologic data presented in the project geotechnical report were considered
insufficient for design of mitigation measures that might be effective in controlling
infiltration of surface runoff, rising groundwater levels, and the ability of GHAD's
dewatering system to maintain the existing state of stability of the Santiago
Landslide.
4.0 ANYEC RECONIIVIENDATIOIVS
a.) Prepaze a focused Environmental Impact Report that includes at a minimum:
i.) Drilling additional exploratory borings;
ii.) Sampling soil and bedrock in borings,
iii.) Laboratory and field testing;
iv:) Installation of observation wells and piezometers.
b) The purpose of the above would be to determine:
i.) The quantity of water that is anticipated to infiltrate into the subsurface as
a result of landscape irrigation and rainfall;
ii.) The ability of bedrock underlying the proposed Robbers Peak Subdivision
to accept the anticipated infiltration and the impact on existing
groundwater levels;
iii.) The impact of anticipated groundwater levels on the stability of proposed
and existing slopes;
iv.) The impact on the existing groundwater system and its effect on the ability
of the GHAD's dewatering system to maintain the stability of the
Santiago Landslide.
AEI Consultants
Robbers Peak Subdivision, Tentative Tract 16545
August 27, 2004
Page 6
5.0 EVALUATION ®F~' AI~C 12ECONIIVIENDATIONS
AMEC did not comment on the mechanics of the slope stability analyses performed by 1VICOLL,
nor on the design sheaz strengths that were adopted. Therefore, it is assumed that the extensive
stability analyses performed by IVICOLL and the sheaz parameters utilized thereto, (all as
approved by the City's Reviewer, Albus, Keefe, and Associates, Inc.) are considered acceptable-
except for the groundwater issue. No conceptual model of the site was described that could
guide the location and density/frequency of boreholes and testing. Determination of rechazge to
aquifers by monitoring water levels in wells requires knowledge of hydrostratigraphy, effective
porosity, and precipitation input. Recharge is a temporal and a spatial variable. In a semi-and
climate such as southern California, antecedent conditions can play a ma}or role in determ;n;ng
the magnitude of rechazge associated with storm events. These factors tend to contribute to
significant variability in the data.
The stability of a slope cannot be predicted with precision, although an experienced geotechnical
engineer, on the basis of a thorough site investigation, can make a reasonable assessment of an
azea. Such an investigation requires analysis of soil and groundwater conditions coupled with a
study of the local geology, including existing stable and unstable slopes.
Implicit in AMEC's recommendations was the premise that if only a sufficient number of
borings, wells, and field and laboratory analyses were conducted, that the stability of the slope
could be predicted with precision. Yet, according to Eden (1971), the stability of a slope cannot
be predicted with precision because of subsurface complexity. Only a reasonable assessment of
an azea can be made which relies upon a geotechnical engineer's training and experience in a
particulaz location. AMEC appears to have been successful at the Santiago Landslide in this
regazd.
Consider the language that was used by AMEC in the following sentence: "As such, the stability
of the landslides and any potential impacts resulting from possible groundwater changes should
be fully determined and mitigated if necessary prior to approval of the development "
Essentially, the statement is open-ended. Given temporal and spatial variability of groundwater
rechazge, given groundwater recharge is cause, and stability is effect, it would be necessary to
investigate the site indefinitely. In any case, a reasonable assessment is always required to be
done. The approach of AMEC is not reasonable.
6.0 POSITION OF 1V%COLL
In a submission dated August 12, 2004, IVICOLL stated its belief in the efficacy of preventive
measures and the enhancement of natural systems that act to intercept and/or divert precipitation,
irrigation, and infiltration before it can reconstitute or recharge a water table aquifer beneath the
Robbers Peak Subdivision site, maintaining low water contents of subsurface sediments, and
promoting landscape stability.
AEI Consultants
Robbers Peak Subdivision, Tentative Tract 16545
August 27, 2004
Page 7
Given that spatial variability of strength pazameters of subsurface soils and time and spatial
variance of physical .and chemical properties of groundwater would contribute to a lack of
precision in the ability to predict soil stability, regazdless of the amount of field instrumentation
and testing employed, NICOLE considers it more prudent to invest available funds in engineered
controls as opposed to further characterization.
NICOLL's recommendation incorporates the three basic actions that aze used to m;n;.n;ze slope
instability as stated previously in the literature reference:
® Control of groundwater;
a Over all flattening of the slope;
® Prevention of erosion at the foot of the slope.
Control of groundwater would be accomplished by either installing or enhancing the operation of
natural systems that act to intercept and/or divert precipitation, irrigation, and infiltration before
it can recharge the water table aquifer. Over all flattening of the slope would result from grading
for the subdivision, Prevention of erosion as well as m;n;m;~ation of infiltration would result
from the use of soil cement.
The approach recommended by NICOLE will reduce the potential for landslide activity because
it employs standazd methods that have proven effective over time. Rather than anopen-ended
field investigation, engineered controls can be constructed within the context of a budget and
schedule that can complement the overall rate of development of the subdivision.
7.0
Eden, W. 7., 1971, CBD-143. Landslides in Clays, National Reseazch Council Canada,
http://irc.nrc-cnrc.Qc.ca/cbd/cbd143e.html
AEI Consultants
Robbers Peak Subdivision, Tentative Tract 16545
August 17, 1004
Page 8
8.0 SIGNATURE ®F ENVIR®NMENTAI, PR®FESSI®1VAL
Thank you for the opportunity to comment on the AMEC review and the approach that I~ICOLL
is taking to provide assurance of landfonn stability in azeas bordering on the development of ffie
proposed Robbers Peak Subdivision, Tentative Tract 16545.
Lf you have any questions, please call me at 310-798-4255,
Most sincerely yours,
AEI Consultants
t
Edwazd I. Wallick, Ph.D.
Senior Hydrogeologist
69/27/2064 13:12 7147449750
/-K
t;EOTECHNICAL COidSUITA~TS
September 27, 2004
J.N.: 1265.00
Ms. Natalie Meeks
City of Anaheim
.Department of Public Works
200 S. Anaheim Blvd
Anaheim, CA 92!305
Suhject: Comments ILegarding the elnaheim Citizen's Coalition and Santiago tse®logie
1l~azard Alrateffient District Reviews, &iobber's Peal; Projeet, '%'entative'><'ract
165~i5, Anaheim Hills, California
References: CEQA ~rigated negative Declaration, Tentative Tract 16545, Anaheim Hills,
California, prepared by AMEC dated July 27, 2004
Response to Reviews, Ataaheim Kzlls Citizen's Coalition, Santiago Gt'ologie Hazard
Abatement District, Tract 16545, Anaheim Hills, California, prepared by CsA Ncoll
and Associates, Inc. dated August 10, 2D04
Robbers Peak Subdivision, Anaheim Hills, California, Tentative 27~act 16545, Peer
Review: Landslide Concerns on Neighboring Properties, prepared by AEI
Consultants, dated August 27, 2004
Dear Ms. Meeks,
AY your zequest, we have zeviewed the referenced documents to provide our thoughts on the
completeness of responses made by G.A. Nicoll end Associates isa support of the mitigated negative
declaration for Tentative Tract 16545.
Artahei®Hills Citizen's Coalition (AHCC)
In the letter by the AHCC, only Item 4 pertains to geotechnicai issues and was the only item that
G.A. Nicoll responded to. Item 4 is reitezated below.
`Extensive study had been given to the project site itself with regard to stability ;sues. Ls there
assurance to existing property owners near the project that project grading will not cause any
accompanying easth movement on neighboring properties?"
17re response by G.A. Nooll is relatrbely linxited an this issue. They state that development of the
proposed .site will "only increase the stability of the nearby properties." Proposed site development
is anticipated to remove portions of the existing landslides within the project limuts and replace these
materials with engbteezed fill soils. This work will tend to improve the overall stability of the neat
proximity areas generally located above Burlwood Drive. However, this work is not likely to
ALBUS-KEEFE & ASSOC. PAGE 62
ATTACHMENT "B"
° ffel~l~ a~~dLf~l a~g ~o
9403IUorth Batavia SPreaP, Sine 115, Onrng®, CA 9288% (794) 7449760 FAX (794) 744-8750
09/27/2004 13:12
City of Anaheim
7147449750
PAGE 03
September 27, 2004
J.N.: 1265,00
Page 2
improve stability of azcas located below Burlwood Drive including areas previously impacted by the
Santigo Landslide. Development of the project will likely result is greater quantities of water
infiltrating the ground surface primarily due to future irrigation If this water is.allovred to enter the
existing groundwater system, stability of properties located downhill from the project could be
adversely affected A.s discussed later herein, a condition of approval for development of the project
will require a detailed mitigation plan to capture and properly direct subsurface water created by the
project to locations tha4 will net itnpact downhill properties. While such a plan will help to
significantly reduce the risks associated with future earth movement, no full assurances can ever be
given
Santiago Ge®loglc ]ward Al-atement IDistrlct (Gp$AD)
The review by AMEC on behalf of the GRAD is essentially a list of comments organized into six
general topics followed by a set of r+econunendations. Some of the comments do not ask a question
or request any information for clarification but rather leave the reader to assume the intended
question or point of clarification. The reconnmendatione essentially focus on one broad issue of
conccm. The recommendations suggest a more comprehensive investigation and analysis be
performed to evaluate the potential negative impacts that could result from infiltration of rainfall and
irrigation within the project. G.A. Nicoll prepared a letter to respond to each of the sin comments by
AMEC to the extent they interpreted a question ar point of clarification a+ithin the comments. G.A.
Niwll also submitted a report prepared by ABI Consultants as additional support of their positions.
Most of this report is spent on an overview of mechanisms of elope stability and a summary of
AIVIEC's review. The report by AEI then provides a general discussion on their evaluation of
AMBC's recommendations and then finishes with a summary of G.A. Nicoll's position on the issues
raised by AMEC. We did not find the report by AEI to be of assistance in responding to the points
made by AMEC and therefore we make no further comment an this document. Due to the length of
each commant made by AMEC, we have not restated each herein but rather we have attached a copy
of the AMHC review to this correspondence.
A.MEC Comment #i:
AMEC has indicated they did not recdive all pertinent documents but they do net actually request
such documents end they provided their review without these documents. G.A. Nicoll has suggested
AAR>zC obtain other documents through the city of Anaheiru. We conclude that AMEC could have
obtained other relevant documents if requested and should have done so prior to issuiag their review.
The response by G.A. Nicoll is considered sufficient.
AMBC Comment #2:
AMSC suggests that a relatively permeable sandstone unit present below the Santiago landslide may
.also be present below the project and be exposed at the surface in some portions of the project.
Significant quantities of water are being extracted from this sandstone unit. This unit could convey
infiltrated water within the project to areas beneath the Santiago Landslide, AMEC suggests the
surface expression of this sandstone unit be defined within the project and its structural relationship
to the Santiago Landslide. G.A. Nicoll agrees the sandstone unit below the Santiago Landslide may
ALBUS-KEEFE & ASSOC.
09/27/2004 13:12
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ALBUS-KEEFE & ASSOC.
PAGE B4
September 27, 2004
T.N.: 1265.00
Page 3
also be present below the site. They suggest the source of water present in this unit may be more
local to the Santiago Landslide area. G,A. Nicoll suggests there are numerous ash and clayey
siltstone beds 40 limit water flow and that they have not seen any records indicating the local
groundwater system has been recharged within the project. G.A. Nicoll suggests that rather than
spend effort to fiutber evaluate if irrigation water could migrate to and effect offsite landslides, they
would rather assume it could and provide a mitigation system to intercept the water before it
recharges the groundwater system.
We conclude there are likely pathways that exist bywhich water does and could oontinue to enter the
ground within the project and infiltrate the groundwater system affecting the Santiago .Landslide and
other ofl'site slides. We do not believe the presence of ash beds or clayey siltstone beds impede this
flow significantly since they ate oriented parallel to the primary direction of flow. Onsite data
pertaining to groundwater levels era nearly nonexistent and therefore provides no signi5cant insight
on the extent to which current rainfall recharges the groundwater system. However, assuming these
pathways exist and that fltture irrigation water could follow these pathways is a reasonable and
conservative approanh by G.A. Nicoll. Designing the project under this assumption negates the need
for a more detailed evaluation of rho sandstone unit as suggested by AMEC. The tespoase by G.A.
Nicoll is therefore considered sufficient.
A.1vIEC Comment #3;
AMfEC soles three onaite iandsBdes (Qle-1, Qls-2 and Qls-3) extend offiite below other properties
sad that proposed grading will leave portions of these slides in place in offsite properties. They also
noto that future groundwater changes could affect their stability. ANLEC recommends the stability of
theao slides be evaluated as well as effects from groundwater. G.A. Ncoll concurs these slides
extend ofTsits and future groundwater conditions influence their stability. They state that
assumptions made regarding groundwater and proposed mitigation measures are more than su~cieat
to assure improved short and long-term stabililty,
We concur that removal of htndslidos within the project will tend to improve stability. W® do not
concur that assumptions of future grotmdwater and mitigation measnre made by G.A. Nicoll assure
improved short and long-term stability. The rather general measures proposed in the report by G.A.
Nicoll .are not coasidel~d sufficient to adequately assure ao inoreases in groundwater levels
downslope of the development. Amore robust system of mitigation will be required (ie-
geomembranes/liaers, water collection systems, and verification systoms) if G.A. Nicoll assumes a
continuous sandstone unit is present to convey water downslope and assumes the relatively deep
groundwater levels used in stability analyses. Otherwise, more conservative assumptions would be
required in stability analyses or detailed analyses of the groundwator system with respect to future
irrigation and rainfall influx would be required.
AMEC Comment #4;
In this comment, AMEC provides an overview of groundwater levels and withdraw rates obtained
from work in and around the Santiago Landslide. The implied issue appears to be that statements
made by G.A. Nicoll suggesting that water encountered in exploratory borings is perched is not
09/27/2004 13:12
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7147449758
ALBUS-KEEFE ~ ASSOC.
PAGE 05
September 27, 2004
J.N.: 1265.00
~. .,. Page A~
consistent with this data No actual quesEioa or point of clarification is provided, in tlds comment.
G.A. Nicoll responds by reiterating they conclude groundwater within the project site is perched.
They indicate that measurements of high groundwater levels around the Santiago Landslide suggest
that high water table levels triggered the Santiago slick. They conclude the slides within the project
were caused by prehistoric high water levels occurring at the end of the last ice age. Lastly, they
reiterate the preference to assume the continuity of the sandstone unit between the project and ofgsite
slides rather than undergoing more detailed characterization of the groundwater system.
As previously menfloned under Comment #2, drere are not aufficie~ data fcom onsite exploration to
truly characterize the groundwater system within the project and i~ relationship with offsite areas.
Thenefare, the aoncluslon by G.A. Nicoll that water encountered in the borings is perched is
unsubstantiated. Alsa as previously discussed under Comment #2, assuming the sandstone unit ie
continuous between the project and offsite slides is conservative and an acceptable approach in lieu
of undergoing a more detailed characterization of the groundwater system,
AN1EC ommcnt #5:
AMEC states that methods of mitigation proposed by G.A. Nicoll consisting of the placement of a
low-permeability compacted Sll cap, construction of subd3rins and hydraugers, and incorporation of
adequate surface drainage will provide some improvemesz~~ in limiting infiltration. They also state
that similar methods implemented on adjacent sites was largely ineffective as evidenced by the
Santiago Laadelidc. They note G.A. Nicoll's conclusions sre made without supporting data No
actual question or point of clarification is provided in this comment. G.A. Nicoll responds by saying
conditions in the Santiago Landslide area were significa~ly difFer~ent than conditions within the
project While detailed analyses could be performed, G.A. Nicoll prefers to design the project to
limit groundwater influx to a level that would only enhance onaite and offaite stability. G.A. Nicoll
also reiterates all the factors that will mitigate the infiltration of water. G.A. Nicoll finishes by
saying the additional data would require a significant investment that would be better used in the
installation of actual mitigation systems.
We concur with AMEC regarding the effectiveness of proposed mitigation of infiltration. As
previously mentioned under Coffinent #3, the general methods of mitigating water infiltration
proposed in the report by G.A. Nicoll era not considered sufficient to ad~uately aasuee no incseases
in groundwater levels downslope of the development Amore robust system of mitigation will be
required if G.A. Nicoll assumes a continuous sandstone unit ie present to convey water downslope
and assumes the relatively deep groundwater levels used in stability analyses. The conditions within
the site are somewhat diflbrent than those geologic conditions present in the Santiago landslide area
but not so differing to suggest similar groundwater conditions could not be created after site
development.
,SEC Comment #6:
AMEC states that hydrogeologic data In the report by G.A. Nicoll is inconsistent with data firm the
Santiago Landslide area. AB such, ttre data is insufficient for design of a naitigatioa system used to
control infiltration of surface water, G.P.. Ncoll concurs that inconsistencies inthe data are present
09/27/2004 13:12
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PAGE 06
5eptembez 27, 2004
7.N.: 1265.00
Page 5
That' indicate a model of highest groundwater level was developed and provided in their report based
oa extragolatirtg offsite data. This level is considered by G.A. Nicoll to be substantially higher than
that level which wi.U ever occur. They state this assumption was made to satisfy conservative
requiremerrts by the city of Anaheim and their reviewing consultants. They iadlcate the final design
parameters are not fully developed but are in the process.
As previously discussed in Comments #2 and #4, there are not sufficient data onsite to characterize
groundwater conditions. As such, one can not truly conclude there ate inconsistencies between data
from the project end. data obtained from the Santiago Landslide area Depending on the methods
utilized to mitigate water infiltration, the assumed groundwater levels may or may not be
conservative. However, we conclude that systems can be emplaced doting sib development to
maintain groundwater levels at or below existing levels so that models used for stability analyses by
G.A. Nicoll are valid and that risks associated with offsite landslides are not significantly increased.
9Ve hope this correspondence provides yeu the information required at this time. if there are nay
questions regarding the contents discussed herein, please do not hesitate to call.
Sincerely yours,
ITEM N0. 4
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Conditional Use Permit No. 2004-04847 (READVERTISED) w SUbjed Property
TRACKING NO. CUP2004-04900 - -- -~*
Reclassification No. 2004-00116 Date: October 4, 2004
TRACKING NO. RCL2004-00133 Scale: 1" = 200
Tentative Parcel Map No. 2004-00177
Requested By: SHERWOOD G. OKLEJAS, STATE OF CALIFORNIA Q.S. No. 53
CONDITIONAL USE PERMIT NO. 2004-04847 (TRACKING NO. CUP2004-04900) -REQUEST TD ESTABLISH AN AUTOMOBILE
SALES DEALERSHIP WITH AUTOMOTIVE REPAIR AND A FREEWAY•ORIENTED SIGN AND TO REPLACE AN EXISTING LEGAL,
NONCONFORMING TELECOMMUNICATIONS FACILITY WITH A TEMPORARY TELECOMMUNICATIONS FACILITY.
WITH WAIVERS OF:(q) MINIMUM LANDSCAPED AND STRUCTURAL SETBACK ABUTTING AN ARTERIAL HIGHWAY
(B) MINIMUM LANDSCAPED AND STRUCTURAL SETBACK ABUTTING A LOCAL STREET
(C) MINIMUM NUMBER OF PARKING SPACES
(D) REQUIRED IMPROVEMENT OF PUBLIC RIGHT-OF-WAY
(E) MAXIMUM NUMBER, HEIGHT, SIZE, AND TYPE OF FREEWAY ORIENTED SIGN
(F) MAXIMUM NUMBER, HEIGHT, AND SIZE OF WALL SIGNS
(G) MINIMUM DISTANCE BETWEEN FREESTANDING SIGNS
RECLASSIFICATION NO. 2004-00118 -REQUEST TO RECLASSIFY THE PROPERTIES FROM THE I (INDUSTRIAL) ZONE TO
THE C-G (GENERAL COMMERCIAL) ZONE.
TENTATIVE PARCEL MAP N0. 2004-177 - REOUEST TO COMBINE EIGHT PARCELS AND EXISTING RIGHT-OF-WAY INTO ONE PARCEL.
1501 Wast Lincoln Avenue 1505
direction General Plan Designation
North (i-5) Freeway
East (I-5) Freeway
South (across Lincoln Avenue) General Commercial
West (across Loara Street) 'General Commercial
Com
term
DEVELOPMENT PROPOSAL:
j(8) The petitioner proposes to establish an automotive sales dealF
automotive repair services. The project includes construction"~
6.5'-foot high equipment screen on top of the roof, for a total hE
square foot automotive'sales dealership. The site plan'(Exhi6i
footprint, and outdoor auto display area and'water feature on f,
(9} The site plan'(Exhibit No. 1) indicates the following structural
Direction Proposed Building/ Code-Required Building/ ;
Landsca a Setback Landsca e'ISetback
North (adjacent to I-5 40-90 feet tb building i 5 feet
Freewa 3 feet of landsca in
East (adjacent to I-5 150 feet to building 15 feet
Freewa off-ram 3 feet of landsca in
:South (adjacent to 10 to 15 feet to building 15 feet
Lincoln Avenue 10 to 15 feet of landsca in"
..West (adjacent to 5 feet to building 10 feet
Loara Street 5 feet of landsca in
(10) Floor plans for the vehicle sales building (Exhibit Nos. 2 - 5)
a total of 264,696 square feet. The first floor contains a foyF
restrooms, elevator, sales offices,!customerwoiting area, p
and 22 auto repair bays. The second, third,'and fourth;floon
parking and automobile. storage and display.::
(11) Vehicular access to the ite would. be provided by one drive
driveway from Loara Street. The site plan shows a total of 7
parking spaces for the proposed automotive dealership. Co
spaces based on the following:
Code-Required
Floor Use Square Parking Ratio Parking ;'
Footage per 1,000 sf. of .Spaces
ross floorarea f2e wired
1"and Sales (showroom) ; 18,907 2.5 47.2
Mezz. Office 6,040 4 24
Service,` arts, stora a 43,243 5.5 `237.8
Total 68,190 309
(12) The elevatiort plan (Exhibit No. 6) for the vehicle sales build
building with'roof-mounted equipment. The C-G Zone perm
commercial buildings. rThe plan shows a contemporary arct
and glass elements on,the easterly portion adjacent to he fi
panels, metal roll-up doors, a metal awning,'and automotive
structure at the weste[ly end. Roof-mounted equipment woi
surrounding treets and the I-5 Freeway with pre-finished m
(13) The signage plan (Exhibit No. 7) indicates a 840 square too
illuminated'channel letters on the north (facing the I-5 Freev
square foot wall sign on the south. (facing Lincoln Avenue). E
name and logo symbol`for the dealership. Code allows not
sign (either'a freestanding sign or a wall sign) with a maxim
wall sigt
feet, wh,
channel
been su
final sg
staff.
,~,~.,~.~. v..uuy m w. a~ ry wino ici na, curnvcw a ~c~ a ici c. w. ~ w auw~ci uic, c
will have a significant effect on the environment.
GROWTH MANAGEMENT ELEMENT'ANALYSISi
(18)': The proposed project has tieen reviewed by affected City;departmenl
conforms with the: City's Growth Management Element adopted by the
March 17, 1992.: Based on :City staff review of the proposed project,'
that this project does not fit within the scope necessary to require a G
Element analysis, therefore;: no analysis has beep performed.
EVALUATION:
(19) ` The petitioner requests reclassification of these properties from the 11
C-G (General Commercial) zone and further requests a conditional uE
automotive sales'dealershiptyith automotive repair and afreeway-o[i~
entitlement requests would: be consistent with the General: Commerc;
the Anah
Comme~
clusters:
centers,::
...oriented`
retail use
(20) Staff fee
compatit
Because
highway:
staff has
IandscaF
proposei
permit rF
(21) Waiver
Code Lei
feet is pr
indicate:
and unique bharacterlstics of this'pr•
(2~) i i
(a) That there are specie
topography, location
properties in the vicr
(b) That strict applicatior
other properties uncle
(32) Before the Commission gj
the evidencepresented sl
(a) That the use as mo.
by the'Zoning Cotle
Permitted) of Sectia
(33;
.Staff Reoorfl
aNrlL,o.,I~.~~ll~lal GIIV V~IGVIIIV ,.loll.
3. r Thatthe site is'not physically suitable for the type of development.
4. ` Thaf the site is not physically suitable for the proposed density of develops
5. That3he design of the subdivision or the proposed improvements are likel
substantial environmental damage br substantially and avoidably. injure fie
or their habitat:
6. ! Thafihe design of the subdivision or the type of improvements is likely to'
serious public health problems.
7. ThaEthe design of the subdivision or the type of improvements will conflic
easements, acquired by he public at large, fog access through or use ofp
within the proposed subdivision."
`RECOMMENDATION:
(34) Staff recommends, unless additional or contrary information is received during the
and based upon the evidence submitted to the Commission, including the evident
ih`this staff report, and oral and written evidence presented at the public hearingl
Planning Commission a rove the petitioner'
the reclassification and conditional use permi
findings and conditions contained therein.
[DRAFT]
RESOLUTION NO. PC2004--**
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2004-00118 BE GRANTED
(1501 WEST LINCOLN AVENUE) -
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
[PLEASE SEE ATTACHMENT FOR LEGAL DESCRIPTION]
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 18.76, to hear
and consider evidence for and against said proposed reclassification and to investigate and make findings and
recommendations in connection therewith; and
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 reclassification of subject property from the I (Industrial) zone to
the C-G (General Commercial) zone.
2. That the Anaheim General Plan Land Use Element Map designates the property for General
Commercial land uses and designates C-G as an implementation zone.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community.
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 property and to the zones and their permitted
uses generally established throughout the community.
5. That the proposed reclassification of subject property requires the dedication and 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 *******"* indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to 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 that 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 Initial Study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment.
CR\PC2004-0 -1- PC2004-
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the
Anaheim Municipal Code to exclude the above-described property from the I (Industrial) zone and to incorporate
said described property into the to the C-G (General Commercial) zone upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim: ,
That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1,above-mentioned, shall be completed. The City Council may approve or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in
Anaheim Municipal Code Section 16.60.140 shall apply. The provisions or rights granted by this resolution
shall become null and void by action of the Planning Commission unless said conditions are complied with
within one (1) year from the date of this resolution, or such further time as the Planning Commission may
grant.
3. 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.
BE IT FURTHER 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 conditions, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competentjurisdiction, then this Resolution, and
any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion.
BE IT FURTHER 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 competentjurisdiction, then this Resolution, and
any approvals herein contained, shall be deemed null and void.
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 procedures and may be replaced by a City Council Resolution
in the event of an appeal.
CHALRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC2004-
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:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
TN WITNESS WHEREOF, 1 have hereunto set my hand this day of ,
2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2004-
Page 1 DESCRIPTION
Order No. 33803829
PARCEL 1:
THE EAST 110.00 FEET OF THE WEST 200.00 FEET OF THAT PORTION OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QDARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 ,WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTAANA, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNLA,AS PER MAP RECORDED IN BOOK Sl,.PAGE 10 OF ,
MISCELLANEOUS MAPS, SN THEOFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF-THE SOUTHEAST QUARTER OF THESOUTHWEST
QUARTER OF SRID.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 -0F THE 80 FOOT STATE HIGHWAY, AS CONVEYED TO THE STATE
OF CALIFORNIA, BY DEED RECORDEDJANUARY 17, 1935 IN BOOK 724, PAGE 350, OFFICIAL
RECORDS;~THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID STATE HIGHWAY TO ITS
INTERSECTIQN"WITH THEWEST 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 THESOUTHWEST
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 10-0F MISCELLANEOUS MAPS, IN.
" THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRISEDAS FOLLOWS-:
BEGZNNING.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 POINT LOCATED
8_50 FEET NORTHEASTERLY ON THE CENTERLINE OF.A SWITCH TRACK OF RAILROAD, SAID
DISTANCE MEASURED AT RIGHT ANGLES TO SAID TRACK;~THENCEALONG 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 HUT NOT EXACTLY THE
CURVE OF SAID TRACK, SOUTH 84° 21' O1" EAST 25.15 FEET; SOUTH 87° 37'38" EAST
25.04 FEET; NORTH 89° 44' 29" EAST 25.00 FEET;NORTH 86° 49' S1" EAST 25.02 PEET;
NORTH 82° 49'. 23" EAST ..25.16 FEET; NORTH 81° 11' S8" EAST 25.25 FEET; ~NORTH82°
06' 00""EAST 25.2D FEET; NORTH 85° 28' S8".EAST 25.06 FEET; -THENCE LEAVING SAID
TRACR 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"
QIIARTER OF THE SOUTHWESTQLTARTER OF SAID SECTION; THENCE SOUTH 89° 16' S4" WEST
200:00 'FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING.
E%CEPTING THEREFROM THE WEST 90 FEET OF THE NORTH 2.20 FEET.
ALSO EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL
SUBSTANCES, EXCEPT~WATER, LYING NOT LESS THAN 100 FEET BELOW THE SURFACE OF SAID
REAL PROPERTY; PROVIDED, HOWEVER, THAT FIRST PARTY, ITS SUCCESSORS AND ASSIGNS;
SHALL NOT HAVE THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE
PURPOSE OF EXTRACTING SAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL
SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTION THEREWITH, AS RESERVED IN THE DEED
Page 2 DESCRIPTION
Order No, 33803829
FROM SANTA FE LAND IMPROVEMENT COMPANY, A CORPORATION, TO ERNEST W. MOELLER.,AND
WIFE, RECORDED APRIL 17, 1948 IN BOOK 1752, PAGE 45, OFFICIAL RECORDS.
EXCEPTING ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES, EXCEPT
WATER, LYING NOT LESS THAN 100 FEET"BELOW THE SURFACE OF SAID REAL PROPERTY;
-PROVIDED, HOWEVER, THAT FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE
THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF
EXTRACTING;SAID OIL, GAS, AND OTHER HYDROCARBON AND MINERAL SUBSTANCES NOR FOR
ANY PURPOSE IN CONNECTION THEREWITH, AS RECORDED IN THE DEED FROM SANTA FE~LAND
IMPROVEMENT COMPANY, RECORDED NOVEMBER 1; 1948 IN BOOK 1752, PAGE 45, OFFICIAL
RECORDS.
SAID LAND IS~INCLUDID WITHIN THE AREA .SHOWN ON A MAP FILED FOR RECORD IN~BOOK
20, PAGE 22 OF RECORD pF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL 3:
THAT PORTION ~OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QIIARTER OF SECTION 9, IN
TOWNSHIP 4 SOUTH, RANGE 10WEST; SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; ,
BEGINNING AT A FOINT IN THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 9, DISTANT, THEREON 217.80 FEET NORTH OF THE'SOUTFiWEST
CORNER OF SAID SOUTHEAST QUARTER'OF THE SOUTHWEST QUARTER; THENCE EAST PARALLEL
TO THE SOUTHLINE OF"SECTION 9, 90.00 FEET; THENCE NORTH PARALLEL TO THE WEST
LINE OF THE SOUTHEAST QUARTEROF THE SOUTHWEST QUARTER OF SECTION 9 TO APOINT
ID7 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 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 OFMANCHESTER BOULEVARD, SO-
FEET WIDE, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 17,
1935 IN HOOK 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
TAE LAST DESCRIBED_COURSE AND HAVING A RADIUS OF 20 FEET, THROUGH AN ANGLE OF 76°
OD'-00" AN ARC DISTANCE OF 26.53 FEET; THENCE TANGENT, SOUTH 10° 45' 00" WEST,
38.86 FEET TO THE EfiSTERLY LINE OF LOAAA STREET, 40 FEET WIDE, THE CENTERLINE`OF
WHICH STREET IS. SAID WEST LINE OF THE SOUTHEAST QIIARTER 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' S'0" WEST, 110.63 FEET TO THE POINT OF
BEGINNING, AS GRANTED TOTHE STATE'OF CALIFORNIA, BY DEED RECORDED FEBRUARY 1,
1950 IN BOOK 1962, PAGE '266 OF OFFICIAL RECORDS.
ALSO EXCEPT~THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES
(EXCEPT WATER) LYING NOT LESS THAN ONE HUNDRED (100) FEET BELOW THE SIIRFACE OF
Page 3 DESCRI~'TION
Order No. 33803829
THE SOUTHERLY 2.20 FEET OF SAID LAND, AS RESERVED IN THE DEED FROM SANTA FE LAND
IMPROVEMENT COMPANY, TO ERNEST W. MOELLER ET UX., RECORDED APRIL 17, 1948 IN ""~
BOOK 1752, PAGE 45 -OF. SAID OFFICIAL RECORDS.
PARCEL 4:
THAT PORTION OFTHE. SOUTHWEST QIIARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QIIARTER OF SECTIONS, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THERANCHO 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' S4" EAST20.. 00 FEET TO
THE TRUE POINT OF BEGINNING, SAID TRUE POINT OFBEGINNING BEING A.POINT IN THE
EAST LINE OF SAID LOARA STREET; THENCE NORTH 89° 16' S4"'EAST 160.00 'FEET; THENCE
SOUTH 0° 43' 06" EAST .107.20 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 ANp
FINANCE~COMPANY RECORDED OCTOBER 7, 1874 IN BOOK31, PAGE 377 OF DEEDS, RECORDS
OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH 57° 12' 16" WEST 191.91 FEET
ALONG .THE SAID NORTHEASTERLY RIGHT OF WAY LINE TO A POINT IN THE SAID ..$ASTERLY~
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 TEEREFROM 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. ~ ~ _
ALSO EXCEPTING THEREFROM ALL OIL;-GAS AND OTHER HYDROCARBON AND MINERAL
SUBSTANCES, EXCEPT WATER, LYING NOT LESS THAN 100 FEET BELOW THE SURFACE OF SAID
LAND WITHOUT THE RIGHT,OF ENTRY,"AS RESERVED IN THE DEED FROM SANTA FE LAND
COMPANYRECORDED APRIL 17, 1948 IN HOOK 1752, PAGE 45"OF OFFICIAL RECORDS.
PARCEL 5:
THAT PORTION"OF THE SOUTHEAST QUARTER OF THESOUTHWEST QUARTER OF SECTION 9;.
TOWNSHIP.4 SOUTH, RANGE 10 WEST, IN THERANCHO 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 INTERSECTION 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 IN 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 SOUTEWEST QUARTER; THENCE
SOUTHERLY PZONGSAID 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.
Page 4 DESCRIPTION
Order No. 33803829
PARCEL 6:
-THATPORTION OF THE SOUTHEAST QUARTER-OF THE SOUTHWEST QUARTER OF SECTION 9,
- TOWNSHIP 4 SOUTH, RANGE 10 WEST, RANCHO SAN JUAN CAJONDE 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 OFSAID ORANGE COUNTY,. DISTANT THEREON 220.00 FEETEASTERLY
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 $AID
CENTERLINE 100.00 FEET-; THENCE'NORTHERLY PARALLELWITH SAID WEST LINE OF THE
SOUTHEAST QIIARTER TO THE SOUTHWESTERLY LINE OF THELAND DESCRIBED AS PARCEL 4 IN
THE NOTICE OF LIS PENDENS RECORDED NOVEMBER 10, 1942 IN BOOK 1170, PAGE 140 OF
SAID OFFICIAL RECORDS; THENCEWESTERLY 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 MENTIONID PARALLEL LINE
TO THE POINT OF"BEGINNING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBID IN DEED TO
THE STATE OF CALIFORNIA RECORDED JUNE 30, 1950 IN BOOK 2035, PAGE 139 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,DES CRIBED 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 HOOK 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 ALONGSAID CENTERLINE,
100 FEET.; THENCE-NORTHERLY, PARALLEL WITH. THE WEST LZNE OF SAID SOUTHEAST
QUARTER TO THE SOUTHWESTERLY LINE OF THE LANDDESCRIBID AS PARCEL 5 IN THE
NOTICE OF LIS PENDENS RECORDED NOVEMBER 10, 1942 ZN 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 OFTHE SOUTHWEST QUARTER OF SECTION 9y
TOWNSHIP 4 SOUTH, RANGE lO~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,INTHE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF THE~HO 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
Page s DESCRII'TION
O[da[ NO. 3 3 8 03 8 2 9
THEREON 420 FEET EASTERLY FROM THE INTERSECTION OR SAID CENTERLINE WITH THE WEST"
LINE OF THE SOUTHEAST QUARTER OF THE SODTHWEST 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
ALINE 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 CITYOF. 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 OE THE CENTERLINE AS SHOWN ON SAID
MAP, AND LYING BETWEEN THE SOUTHERLY PROLONGATIONS OF THE EASTERLY AND WESTERLY
LINES OF SAID PARCEL 1.
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~NAN CAJON DESANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF. ORANGE,"STATE OF CALIFORNIA, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOIIS 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° 57' 35" WEST 72.24 FEET TO THE NORTBERLY LINE OF SAID LINCOLN
AVENUE. (SO.OD FEET WIDE), AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA,
RECORDED FEBRUARY B, 1935 IN BOOK 730, PAGE 275, 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 BOOK480, PAGE 217,
DEEDS, THENCE NORTH 0° 44' 21" WEST 138.90 FEET~ALONG"SAID WESTERLY LINE TO THE
TRUE POINT OF BEGINNING, BEING ON THE EAS TERLY ~PRDLONGATION OF THE NORTHERLY
LINE OF THE LAND DESCRIBED IN THE DEED~TO FREDC. PIMENTAL AND WIFE, RECORDED
MARCH 29, 1946 IN HOOK 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 PARALLEL LINE TO"THE SOUTBWESTERLY 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 316.66 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.
Page 6 DESCRIPTION
OiderNo. 33903829
PARCEL 12:
THAT PORTION OF THE SOIITf~AST 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 SOUTHERLYPORTION OF THE SOUTHWEST QUARTER OF SAID SECTION 9 IS SHOWN ON A
MAP MARKED EXHIBIT "A" AND ATTACHED TO THE ORIGINAL COMPLAINT, CASE N0.41023,
SUPERIOR COURT O$ THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A MONUMENT MARRING 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 NORTH 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 216.26 FEET ALONG SAID NORTHERLY LINE TO
THE TRUE POINT 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 ALONGSAID 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 CALIFORNIA
RECORDED SEPTEMBER 7, 1953 IN BOOK 3201, PAGE 466 'OF SAIA"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 SOUTHWEST QUARTER OF SAID SECTION 9 IS SHOWN ON A.~
MP.P MP.RKED EXHIBIT "A" AND ATTACHED TO THE ORIGINAL COMPLAINT, CASE N0._41023,
SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE;
CALIFORNIA,.DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH ONE-QIIARTER CORNER OF SECTION 9, IN TOWNSHIP 4 SOUTH,
RANGE'10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 69° 14',25" WEST
ALONG THE SOUTH LINE OF SAID SECTION, 41.87 FEET; THENCE NORTH 46° 57' 35" WEST
72.24 FEET TO A POINT IN TBE NORTH LINE OF THE 50-FOOT STRIP OF LAND DESCRIBED
IN THE DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY B, 1935 IN BOOK 730,,
PAGE 275 OF 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 O& THE LAND HEREIN DESCRIBED, RUNNING
THENCE SOUTH B9' 14' 25" WEST ALONG SAID NORTH LINE," 94.42 FEET TO THE WEST LINE
OF THE LAND CONVEYED TO MILTON M. BOOHER AND WIFE, BY DEED RECORDED MAY 23, 1944
Page 7 DESCRIPTION
Order No. 33803829
IN BOOK 1250, PAGE 456 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORANGE COUNTY; THENCE NORTH 0°'44' 2T" WEST ALONG SAID WEST LINE, 148.12
FEET TO THE SOUTHWESTERLY LINE OF THE LANDCONVEYED 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.
ALSO EXCEPTING ALL OIL,~OIL RIGHTS; MINERALS AND MINERAL RIGHTS, NATURAL GAS AND
NATURAL GAS RIGHTS., AND OTHER HYDROCARBONS BY WHATEVER NAME KNOWN THAT MAY BE
WITHIN OR WITHUNDER~THE LAND HEREIN DESCRIBED, AS RESERVED IN THE DEED FROM G..A.
KOONTZ AND OTHERS, RECORDED JANCTARY 14, 1943 IN BOOK 175, PAGE 382 OF OFFICIAL
RECORDS .IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, BUT WITHOUT
THE RIGHT TO ENTRY TO THE SURFACE THEREOF.
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° 7:6' S4" EAST FROM THE
WES T•~LINE THEREOF; THENCE SOUTHO° 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.OO~FEET PnR nr.r.EL WITH SAID CENTERLINE TO A 1 INCH IRON PIPE;
THENCE NORTH 89° 16' S4" 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 PARALLEL LINE FROM THE SOUTH LINE OF
SAID SOUTHEAST QUARTER; THENCE NORTH 0° 43' 06" WEST 105.62 FEET -T0 A 1 INCH IRON
PIPE, MARKING THE INTERSECTION OF SAID~LINE WITH THE SOUTHWESTERLY LINE OF THE
STATE HIGHWAY AS DESCRIBED IN DEED RECORDED~JANUARY 17y 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 O°
43' 06" EAST 118.47 FEET TO THE POINT OF BEGINNING.
EXCEPT~FROM. THE SOUTHERLY 32 FEET, MORE OR LESS, OF .SAID LANDALL OIL, GAS AND
OTHER HYDROCARBON AND MINERAL SUBSTANCES, EXCEPT WATER, LYING 'NOT LESS THAN 100
FEET BELOW THE~$URFACE.OF SAID REAL PROPERTY; WITHOUT, HOWEVER, THE RIGHT TO.
ENTER UPON THE SURFACE OF ~SAZD REAL PROPERTY FOR THE PURPOSE OF EXTRACTING SAID
OIL,GAS 'AND OTHER HYDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY PURPOSE IN
CONNECTION THEREWITH, AS RESERVED IN THE DEED FROM SANTA FE LAND IMPROVEMENT
COMPANY, RECORDED APRIL 17, 1948 IN BOOK 1752, PAGE 45~OF OFFICIAL RECORDS.
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 HOOK 51, PAGE lO~OF MISCELLANEOUS
Page a DESCRIPTION
Order No. 33803829
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 OFDEEDS, 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, SAIDPOINT BEING LOCATED 220.00 FEET NORTH00° 43' 06"
WESTFROM THE SOUTHWESTQUARTER 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 6.50 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' Ol" EAST 25.15 FEET; SOUTH-87° 37' 38'!~EAST 25.04 .FEET; NORTH~89°
44' 29" EAST 25.OO~FEET; NORTH 86° 49' S1" 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 FEAT, MORE, OR LESS, TO A POINT-IN A LINE PARPS,LEL 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' S4" WEST 200.00 FEET ALONG SAID
PARALLEL LINE TO THE POINT OF 'BEGINNING.
ALSO EXCEPT THAT PORTION INCLUDED 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 OFFICIALRECORDS.
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 .WITHIN MANCHESTER AVENUE, AS DESCRIBED IN
A DEED TO THE. STATE OF CALIFORNIA, RECORDED SANUARY 17, 1935 IN BOOK 724, PAGE
350, OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY LINE OF THE
FOLLOWING DESCRIBED PARCEL OF LAND.
BEGINNING AT A POINT ZN THE SOUTH LINE OF SAID SECTION 9, SAID POINT BEING NORTH
89° 16' S4" EAST 606.95 FEET FROM THE SOUTHWEST CORNEROF SAID SOUTHEAST QUARTER
Page 9 DESCRIPTION
Order No. 3 3 8 0 3 8 2 9
-0F 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;""'~
SODTA 89° 16' S4" 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 RECORDEDIN HOOK 724, PAGE 350 OF OFFICIAL RECORDS OF SAID COUNTY,SAID
RIGHT OF WAY BEING A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF ..960.00 FEET,
,A RADIAL TO SAID POINT BEARING SOUTH'T7° 38' 20""WEST; THENCE EASTERLY 163.44
FEET ALONG-SAID CURVE RIGHT OF WAY LINE THROUGH A.CENTRAL ANGLE OF 9° 4'5' 16" TO
A POINT IN A LINE BEARING NORTH 0° 43' 06" WEST FROM THE POINT OF .BEGINNING;
THENCE ALONG SAID LINE SOUTHO° 43` 06" EAST 216.09 FEET TO THE POINT OF
BEGINNING. .
ALSO EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL,
SUBSTANCES, EXCEPT WATER, LYING NOT LESS THAN 100 FEET BELOW THE SURFACE OFSAID
REAL PROPERTY; PROVIDED, HOWEVER, THE FIRST PARTY, ITS SUCCESSORS AND ASS IGNS,
SHALL NOT HAVE THE RIGHT 'TO"ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE
PURPOSE OF EXTRACTINGSAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES
NOR. FOR ANY PURPOSE IN CONNECTION THEREWITH, AS RESERVED IN THE DEED FROM SANTA
FE LAND.IMPROVEMENT COMPANY, RECORDED APRIL 17, 1948 IN BOOK 1752., PAGE 45 pF ,
OFFICIAL RECORDS.
PARCEL ~16:
THAT PORTION OF THE SOUTHWEST QIIARTER 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 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 A LINE PARALLEL .TO AND 220.00 FEET NORTHERLY FROM THE.
SOUTH LINE OF THE SOTJTFIEAST QUARTER OF THE SOUTHWEST QIIARTER pF SAID SECTION 9,
SAID POINT BEING LOCATED 416.95 FEET NORTH 89° 16' S4" EAST FROM THE WEST LINE OF
SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER"OF SECTION B;THENCE FROM SAID
POINT OF BEGINNING .NORTH 89° 16' S4" 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 35D 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' S4" 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' S4" WEST 150.00 FEET; THENCE PARALLEL WITH SAID
CENTERLINE OF LOARA STREET AND WEST LINE. OF SAID SOUTHEAST QUARTER OF SOUTHWEST
QIIARTER, NORTH 0° 43' 06" WEST 280.49 FEET TO THE SOUTHERLY RIGHT -0F .WAY OF .
MANCHESTER AVENUE; ,PER DEED 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 RIGHT OF WAY LINE THROUGH A
CENTRAL ANGLE OF 9° 45' 16" TO A POINT IN A LINE BEARING NORTH 0°43' 46" WEST
o deixo.033eo3829 DESCRIP'ITON
FROM THE POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH 0°a3' 06" EAST-2'16.09
FEET TO THE POINT OF BEGINNING.
.PARCEL 17:
THATPORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 4 SOUTH, RANGE TO WEST, SAN BERNARDINO BASE ANDMERIDIAN, DESCRIBED AS
FOLLOWS: '
BEGINNING AT THE POINT OF INTERSECTION 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 WITHAND DISTANT NORTHERLY 50.00 FEET FROM THE
CENTERLINE OF LINCOLN AVENUE, WHICH CENTERLINE IS THE SOUTH LINE 'OF SAID SECTION
9; THENCE NORTH 89°"16' S4" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 147.4'7
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° 60' 16""A
DISTANCEOF .73.22 FEET TO A POINT OF COMPOUND CURVE; THENCE"NORTHWESTERLY ALONG
A CURVE CONCAVE SOUTHWESTERLY,"HAVING A RADIUS pF 960 FEET, A DISTANCE OF 205
FEET, MORE OR LESS, TO A POINT IN THE SAID WESTERLY LINE OF THE PROPERTY 50
CONVEYED TO H.O. ~DANNIINANN AS HEREINABOVE MENTIONED; THENCE SOUTHERLY THEREON TO
THE POINT OF BEGINNING. "
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA, RECORDED SEPTEMBER 27, 1957 IN BOOK 4050, PAGE 359 OF OFFICIAL-
RECORDS.
PARCEL 18:-
THAT QORTION OF 'THE SOUTHEAST QUARTER OF THE SOUTHWEST~QUARTER OF SECTION 9,.
TOWNtSHTF 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 POINT BEING NORTH
89° 16' S4" EAST 606.95 FEET FROM THE SOUTHWEST CORNEROF SAIDSOUTHEAST QUARTER
OF THE SOUTHWEST QIIARTER 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' S4" WEST 150.00 FEET; THENCE, PARALLEL WI TH .SAID
CENTERLINE OF LOARA STREET AND WEST LINE OF SAID SOUTHEAST QUARTER OF SOUTHWEST
QUARTER, NORTH 0° 43' 06" WEST 280.49FEET TO THE SOUTHERLY RIGHT OE WAY OF
MANCHESTER AVENUE, PER DEED 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 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.
ALSO EXCEPTING FROM A PORTION OF SAID LAND, ALL OIL, GAS AND OTHER HYDROCARHO
AND MINERAL SUBSTANCES, EXCEPT WATER, LYING NOT LESS THAN 100 FEET HELOW THE
SURFACE OF SAID REAL PROPERTY; PROVIDED, HOWEVER, THAT~FIRST PARTY, ITS
SUCCESSORS AND AS SIGNS, SHALL NOT HAVE THE RIGHT TO ENTER UPON THE SURFACE OF
Page 11 DESCRIPTION
Order No. 33803829
SAID REAL PROPERTY FOR THE PURPOSE OF EXTRACTING SAID OIL, GAS AND OTHER -,_ _,.
HYDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTION THEREWITH,
AS RESERVED IN THE DEED FROM SANTA FE LAND IMPROVEMENT COMPANY, RECORDED APRIL
17, 1948 IN BOOK 1752,.PAGE 45 OF OFFICIAL RECORDS.
PARCEL 19:
THOSE PORTIONS OF THE SOUTHEAST QUARTER OF TBE SOUTHWESTQUARTER OF SECTION 9,
TOWNSHIP 4SOUTH,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 IN THE DEEDS TO THE STATE 'OF CALIFORNIA RECORDED
- FEHRIIARY 1, 1950 IN BOOX1962, PAGE-266, OFFICIAL RECORDS AND RECORDED JUNE 30;
1950 IN HOOK 2035, PAGE 139, OFFICIAL RECORDS.
PARCEL 20:
THAT PORTION OF THE SOUTHEAST QUARTER OFTHE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 4-SOUTH, RANGE 10 WEST, IN THERANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY pFORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 51,, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF TAE 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 1/4,0F 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 TANGENTCURVE TO THE RIGHT HAVING A
RADIUS OF1000 FEET THROUGH AN ANGLE OF 30° 56', A DISTANCE OF 539.89 FEET;
THENCE TANGENT'S. 48° 47' 06" E „ A DISTANCE OF 169.38 FEET 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. 890
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
RLSO 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 OFTHE FOLLOWING DESCRIBED LAND LYING WITH THE RELINQUISHMENT IN
FAVOR OF THE CITY OF ANAHEIM, RECORDED FEHRUARY10, 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:
Page lz DESCRIPTION
Order No. 33803829
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 LSNE 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
CORNERTHEREOF; THENCE FROM SAID POINT OF BEGINNING 5. 79° 43' 06" E., A DISTANCE
OF 351.68 FEET;THENCE SOUTHEASTERLY ALONG A TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 1000FEET THROUGH AN ANGLE OF -30° 66', A DISTANCE OF 539.89 FEET;
THENCE TANGENT S. 48° 47' 06" E., A DISTANCE OF 169.38 FEET TO A POINT IN THE
CENTERLINE OF LINCOLN AVENUE, 60 FEET WIDE, SAID CENTERLINE BEINGTHE SOUTH LINE
OF THE SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 OF SECTION 9, DISTANT THfiREON N. 89°
16' S4" E., 948.88 FEET FROM THE SAID SOUTHEAST CORNER OF THE SAID SOUTHEAST 1/4
-OF SOUTHWEST 1/4-0F SECTION 9.
EXCEPT ANY PORTION LYING WITHIN LINCOLN AVENUE.
[DRAFT]
RESOLUTION NO. PC2004--*
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:
[PLEASE SEE ATTACHMENT FOR LEGAL DESCRIPTION]
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 bylaw 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 repcrts 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 afreeway-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
abutting an arterial highway 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 landscaoe and structural setback
abutting a local street L feet, fully landscaped
required; 5 feet, fully landscaped proposed along
Loara Street)
(c) SECTION NO. 18.40.060.030
(d) SECTION NO. 18.42.040.010
(e) SECTION NO. 18.44.090.050
(f) SECTION NO. 18.44.100
- Required improvement of public right-of-way
(Construction of a sidewalk and street trees along
Loara Street required; no sidewalk or trees
proposed)
- Maximum number of narking spaces
(DELETED)
- Minimum distance between freestanding signs
(DELETED)
- Maximum height and size of freeway-oriented sign
150 square foot wall sign permitted; 840 square
foot wall sign proposed)
Cr\PC2004-0 -1- PC2004-
(g) SECTION NOS. 18.44.110.010 - Maximum number. height. and size of wall signs
AND 18.44.110.030 200 square foot wall sign with 3-foot high letters
permitted; 840 square foot wall sign with 7-foot
high letters proposed)
2. That the above-mentioned waivers are hereby granted on basis that there are special
circumstances applicable to the property such as the location and unique characteristics of the existing
property, which does 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 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.
4. That the requested walvers are necessary for the preservation and enjoyment of a substantial
.property right possessed by other property in the same vicinity and zone.
5. 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.
6. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.08.030.010.
7. 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.
8. 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.
9. 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.
10. 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.
11. That'*":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 that the Negative Declaration reflects the independentjudgment 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 Initial 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:
-2- PC2004-
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
loading 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 shall 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 Department for all businesses on the property.
7. That roof-mounted balloons or other inflated devices shalt 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 andlor 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 andlor 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 andlor 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, removal 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, shad be submitted to the Planning Department for review and approval. 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
Works Standard Detail 110. Said information shall be specifically shown on plans submitted far
Community Services, Public Works, Community Development, and Planning Department approval.
-3'- PC2004-
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.
16. 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 shat be specifically shown on the plans
submitted for building permits.
19. That a plan sheet for solid waste storage and collection and a plan for 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
walllfence 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
pertaining to parking standards and driveway locations. Employee and customer parking shall be
provided within the parking structure in conformance with Code requirements; any surplus parking
-4- PC2004-
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 far 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 WOMP 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 WOMP
• Demonstrate that an adequate numberof copies of the approved Project WOMP 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 newwater 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 Tines 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
ownerldevelopersholl be responsible for the costs to upgrade or to abandon any water service or fire
line.
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.
-5- PC2004-
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 aBurglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Anaheim
Police Department and submitted in a complete form should an alarm be installed.
39. That 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 conformity with existing Zoning Code
requirements for an existing telecommunications monopole with accessory ground-mounted equipment
and to permit a used auto sales facility 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, 4, 10, 11, 12, 14, 15, 16, 18, 19, 20 21, 24, 25, 26,
27, 28, 31, 32, 34, 35, 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 18.03.090 of the Anaheim
Municipal Code.
44. That prior to final building and zoning inspections, Condition Nos. fi, 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.
BE IT FURTHER 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.
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"
-fi- PC2004-
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal. _
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN W ITNESS W HEREOF, I have hereunto set my hand this day of
2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-7- PC2004-
Page 1 DESCRIPTION
Older No. 33803829. ~'
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, TOWNSEIP 4 SOUTH, RANGE 10., WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTAANA, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA,A5 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 THESOUTHWEST
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.SOUTHLINE 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, HY DEED RECORDEDJANUARY 17, 1935 IN BOOK 724, PAGE 350, OFFICIAL
RECORDS;~THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID STATE HIGHWAY TO ITS
INTERSECTION~WITH THEWEST LINE OF THE SOUTHEAST QUARTER OFTHE SOUTHWEST
QUARTER OF SAID SECTION 9; THENCE SOUTH ALONG SAID-WEST LINE 198.11 FEET TO THE
FOINT 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 TBE 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 lOOF MISCELLANEOUS MAPS, IN.
THE OFFICE OF THE COUN'T'Y RECORDER OF SAID COUNTY, DESCRIHEDAS 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 POINT LOCATED
8..50 FEET NORTHEASTERLY ON THE CENTERLINE OF.A SWITCH TRACK OF RAILROAD, SAID
DISTANCE MEASURED AT RIGHT ANGLES TO SAID TRACK;~THENCEALONG 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 HUT NOT EXACTLY THE
CURVE OF SAID TRACK, SOUTH 84° 21' O1" EAST 25.15 FEET; SOUTH 87°37' 38" EAST
25.04 FEET; NORTH 89° 44' 29" EAST 25.00 FEET;~NORTH 86° 49' S1" EAST 25.02 FEET;.
NORTH 82° 49'. 23" EAST ,25.16 FEET; NORTH 81° 11' S8" EAST 25.25 FEET; ~NORTH82°
06' 00"'EAST 25.20 FEET; NORTH 85° 26' S8".EAST 25.06 FEET; THENCE LEAVING SAID
TRACR NORTH 0° 42' 06" WEST, 32.94 FEET, MORE OR LESS, TO A POINT IN THE LINE
PARALLELTO AND 220.00 FEET NORTHERLY OF THE SOUTH LINE OF .SAID SOUTHEAST'
QUARTER OF THE SOTJTHWESTQUARTER OF SAID SECTION; THENCE SOUTH 89° 16' S4'! WEST
200.00FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE WEST 90 FEET OF THE NORTH 2.20 FEET..
ALSO EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL
SUBSTANCES, EXCEPT~WATER, LYING NOT LESS THAN 100 FEET BELOW THE SURFACE QF SAID
REAL PROPERTY; PROVIDED, HOWEVER, THAT FIRST PARTY, ITS SUCCESSORS AND ASSIGNS;
SHALL NOT HAVE THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE-
PURPOSE OF EXTRACTING SAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL
SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTION THEREWITH, AS RESERVED IN THE DEED
Page z DESCRIE'TION
Order No; 33893829
FROM SANTA FE LAND IMPROVEMENT COMPANY, A CORPORATION, TO ERNEST W. MOELLER--AND
WIFE, RECORDED APRIL 17, 1948 IN BOOK 1752, PAGE 45, OFFICIAL RECORDS.
EXCEPTING ALLOIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES, EXCEPT
WATER, LYING NOT LESS THAN 100 FEET BELOW THE SURFACE OF SAID REAL PROPERTY;
PROVIDED, HOWEVER, THAT FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE
THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF
EXTRACTING_SAID OIL, GAS, AND OTHER HYDROCARBON AND MINERAL SUBSTANCES NOR FOR
ANY PURPOSE IN CONNECTION THEREWITH, AS RECORDEp IN THE DEED FROM SANTA FE~LAND
IMPROVEMENT COMPANY, RECORDED NOVEMBER 1~ 1946 IN BOOK 1752,PAGE 45, OFFICIAL
RECORDS.
SAID LAND IS-INCLUDED WITHIN THE AREA SHOWN ON A NAP 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 -0F 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 QIIARTER; THENCE EAST PARALLEL
TO THE SOUTH LINE OF~SECTION 9, 90.00 FEET; THENCE NORTH PARALLEL TO THE WEST
LINE OF THE SOUTHEAST QUARTEROF THE SOUTHWEST QUARTER OF SECTION 9 TO A POINT
IN THE CENTERLINE.OF THE 80 FOOTSTATE 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 $AID 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 SAIDSODT'HEAST QUARTER OF THE
- SOUTHWEST QIIARTER OF SECTION 9, WITH THE CENTERLINE OF MANCHESTER BOULEVARD, B0
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; THENCESOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY TANGENT TO
THE LAST DESCRIBED _COURSE AND HAVING A RADIUS OF 20 FEET, THROUGH AN ANGLE OF 76°
D0'00" AN ARC DISTANCE OF 26.53 FEET; THENCE TANGENT, SOUTH 10° 45' 00" WEST,
38.86 FEET TO THE EfiSTERLY LINE OF LOARA STREET, 40 FEET WIDE, THE CENTERLINE'OF
WHICH STREET IS.SAID WEST LINE OF THE SOUTHEAST ¢UARTER 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 D° 44' S0" WEST, 110.63 FEET TO THE POINT OF -
BEGINNING, AS GRANTED TOTHE STATE'OF CALIFORNIA, BY DEED RECORDED FEBRUARY 1,
1950 IN HOOX 1962, PAGE '266 OF OFFICIAL RECORDS..
ALSO EXCEPTTHEREFROM ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES
(EXCEPT WATER) LYING NOT LESS THAN ONE HUNDRED (100) FEET BELOW THE SURFACE OF
Page 3 DESCRI~TTON
Order No. 33803529
THE SOUTHERLY 2.20 FEET OF SAID LAND, AS RESERVED IN THE DEED FROM SANTA FE LAND
IMPROVEMENT COMPANY, TO ERNEST W. MOELLER ET UX., RECORDED APRIL 17, 1948 IN ~~~
BOOK 1752, PAGE 45 OF. SAID OFFICIAL RECORDS.
PARCEL 4:
THAT PORTION OFTHE, SOUTHWEST QIIARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION'S, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THERANCHO SAN JUAN
CAJON DE SANTA ANA, ASSHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS Off 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 THESAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SAID WEST LINE
BEING TBE CENTERLINE OF LOARA STREET; THENCE NORTH 69° 16' S4" EAST 20..00 FEET TO
THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT IN THE
EAST LINE OF SAID LOARA STREET; THENCE NORTH 89° 16' S4"'EAST 160.00"FEET; THENCE
SOUTH 0° 43' 06" EAST ,107.20 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 BOOK31, PAGE 377 OF DEEDS, RECORDS
OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH 57° 12' 16" WEST 191.91 FEET
ALONG .THE SAID NORTHEASTERLY RIGHT OF WAY LINE TO A POINT SN 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. ~
ALSO EXCEPTING THEREFROM ALL OIL;~GAS AND OTHER HYDROCARBON AND MINERAL
SUBSTANCES, EXCEPT WATER, LYING NOT LESS THAN 100 FEET BELOW THE SURFACE OF SAID
LAND WITHOUT THE RIGHT .OF ENTRY,AS RESERVED IN THE DEED FROM SANTA FE LAND
COMPANYRECORDED APRIL 17, 1948 IN BOOK 1752, PAGE 45 ~OF OFFICIAL RECORDS.
PARCEL 5:
THAT PORTION'OF THE .SOUTHEAST QUARTER OF THESOIITHWEST QUARTER OF SECTION 9~.
TOWNSHIP.4 SOUTH, RANGE 10WEST, IN THERANCHO LOS COYOTES AS PER MAP RECORDED
IN BOOK 32, PAGE 19 OF MISCELLANEOUS MAPS, SN THE OFFICE OF THE. COUNTY RECORDER
OF SAID-COUNTY.
BEGINNING AT THE INTERSECTION 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 IIS 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 IId THE LIS PENDENS RECORDED NOVEMBER 10, 1942 IN BOOK
1}:70, 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,
Page 4 DESCRIPTION
Order No. 33803829
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 @0 FOOT HIGHWAY DESCRIBED IN DEED
TO THE STATE pF CALIFORNIA RECORDED JANUARY 17, 1935 IN BOOK 724, PAGE 350 OF
OFFICIAL .RECORDS OF~SAID ORANGE COUNTY,. DISTANT THEREON 220.00 FEET~EASTERLY
FROMTHE INTERSECTION~OFSAID CENTERLINE WITH THE WEST LINE OF THE SOUTHEAST
QIIARTER 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; THENCEWESTERLY 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 JIINE 30, 1950 IN BOOK 2035, PAGE 139 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 JANUARY 17, 1935 IN BOOK 724, PAGE 350 OF
OFFICIAL RECORDS, .DISTANT THEREON 320 FEET EASTERLY FROM THE INTERSECTION OF
SAID CENTERLINE WITH THE. WEST LZNE OF THE SOUTHEAST QUARTEROF THE SOUTHWEST
QUARTER OF SAID SECTION 9, ANDRUNNING THENCE EASTERLY ALONGSAID 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 LINEWHICH
IS PARALLEL WITH THE WEST LINE 'OF SAID ;SOUTHEAST QIIARTER EXTENDING THROUGH ~THS
POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO
THE POINT OF BEGINNING.
PARCEL 8:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 4 SOUTH, RANGE l0~WE5T, IN THE RANCHO SAN JUANCAJON 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, INTHE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF THE80 FOOT HIGHWAY AS CONVEYED TOTHE
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
Page s DESCRIPTION
Order No. 3 3 8 03 82 9
THEREON 420 FEET EASTERLY FROM THE INTERSECTION OF SAID CENTERLINE WITH TAE 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
ALINE 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 HOOK 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 PARCELMAPS, 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 EASTERLYAND WESTERLY
LINES OF SAID PARCEL 1.
PARCEL 11:
THAT PORTION OF THE SOUTHEASTQUARTER OFTHE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 4 SOUTH,.RANGE 10 WEST, IN THE RANCHO SAN~JUAN CASON DESANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF. ORANGE, STATE bF 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° 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 -0F CALIFORNIA,
RECORDED FEBRUARY B, 1935 IN BOOK 730, PAGE 275, 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 FEETALONG"SAID WESTERLY LINE TO THE
TRUE POINT OF BEGINNING, BEING ON THE EASTERLY PROLONGATION OF THE NORTHERLY
LINE OF THE LAND DESCRIBED IN THE DEED~TO F32EDC. 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 21.35FEET TO .THE NORTHEASTERLY LINE OF MANCHESTER AVENUE,~AS DESCRZBEA
. 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 LZNE,OF"SAID SOUTHEAST QUARTER;
THENCE NORTHERLY ALONG SAID PARALLEL LINE TOTHE SOUTHWESTERLY LINE OF THE LAND
DESCRIBED.IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED AUGIIST 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. ~ - "
Page 6 DESCRIPTION
Older No. 33 503829
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 N0.41023,
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 59° 14' 25" WEST.41.87 FEET ALONG
SAID CENTERLINE; THENCE NORTH 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 RECORIIS
OF SAID ORANGE.. COUNTY; THENCE WESTERLY 216.28 FEET ALONG SAID NORTHERLY LINE TO
'THE TRUE POINT 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 69° 29' 21""WEST 192.75 FEET ALONG SAID 'NORTHERLY LIN$ 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 CALIFORNIA
RECORDED SEPTEMBER 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 330.8, PAGE 407 .OF SAID OFFICIAL
RECORDS.
PARCEL 13:
THAT PORTION OFTHE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 4SOUTH, 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 N0."41023,
SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN"AND FOR THE COUNTY OF ORANGE;
CALIFORNIA,. DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOIITH ONE-QUARTER CORNER OF SECTION 9, IN TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 89° 14'.25" WE5T
ALONG TAE SOUTH LINE OF SAID SECTION, 41.87 FEET; THENCE NORTH 46° 57' 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 OF OFFICIAL RECORDS IN TAE 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 WIFE, BY DEED RECORDED MAY 23, 1944
Page 7 DESCRIPZTON
Order No. 33803829
IN BOOK 1250, PAGE 456 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORANGE COUNTY; THENCE NORTH 0°'44' 2T" WEST ALONG SAID WEST LINE, 148. 12
FEET TO THE SOUTHWESTERLY LINE OF THE LANDCONVEYED TO THE STATE OF CALIFORNIA
BY DEED RECORDED APRIL 27, 1954 IN HOOK 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
135D FEET, THROUGH AN ANGLE OF 7° 19' 22"SAN 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 TBE STATE OF CALIFORNIA FOR
ROAD PURPOSES HY DEED RECORDED MARCH 20, 1956 IN BOOK 3441, PAGE 429 OF OFFICIAL
RECORDS IN THE OFFICE OF TEE COUNTY RECORDER OF SAID ORANGE COUNTY.
ALSO EXCEPTING ALL OIL,~OIL RIGHTS;' MINERALS AND MINERAL RIGHTS, NATURAL GAS AND
NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATEVER NAME KNOWN THAT MAY BE
WITHIN OR WITHUNDERTHE LAND HEREIN DESCRIBED, AS RESERVED IN THE DEED FROM G.A.
KOONTZ AND OTHERS, RECORDED JANUARY 14, 1943 IN BOOK 175, PAGE 382 OF OFFICIAL
RECORDS-IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, BUT WITHOUT
THE RIGHT TO ENTRY TO THE SURFACE THEREOF.
PARCEL 14:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 4 SOUTH, .RANGE_10 WEST, INTHE 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
SOL1TEi LINE OF SAID .SQUTHEAST QIIARTER 200.00 FEET NORTH 89° 3:6' S4" EAST FROM THE
WEST-22NE THEREOF; THENCE SOUTH~O° 43' 06" EAST 32.94 FEET TO A l YNCH PIPE 8.50
FEET NORTH FROM CENTERLINE OF THE SWITCH TRACK OF THE RAILROAD; THENCE NORTH 88°
15' 02" EAST 30.OO~FEET PARALLEL WITH SAID CENTERLINE TO A 1 INCH IRON PIPE;
THENCENORTH 89° 16' S4" 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 PARALLEL LINE FROM THE SOUTH LINE OF
SAID SOUTHEAST QUARTER; THENCE NORTH 0° 43' 06" WEST 105.62 FEET TO A 1 INCH IRON
PIPE, MARKING THE INTERSECTION OF SAID-LINE WITH THE SOUTHWESTERLY LINE OF THE
STATE HIGHWAY AS DESCRIBED IN DEED RECORDED"JANUARY 17; 1935 IN HOOK 724, PAGE
350. OF OFFICIAL RECORDS; THENCENORTHWESTERLY 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.
EXCEPT~FROM THE SOUTHERLY 32 FEET, MORE OR LESS, OF SAID LAND ALL OIL, GAS AND
OTHER HYDROCARBON AND MINERAL SUBSTANCES, EXCEPT WATER, LYING 'NOT LESS THAN 300
FEET BELOW THE~SURFACE ,OF SAID REAL PROPERTY; WITHOUT, HOWEVER, THE RIGHT TO
ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXTRACTING SAID
OIL, GAS-AND OTHER HYDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY PURPOSE IN
CONNECTION THEREWITH, AS RESERVED IN THE DEED FROM SANTA FE LAND IMPROVEMENT
COMPANY, RECORDED APRIL 17, 1948 IN BOOK 1752, PAGE 45~OF OFFICIAL RECORDS.
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 lO~OF MISCELLANEOUS
Page a DESCRIPTION
Order No. 33803829
MAPS,' IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF TBE 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:
BEGINNINGAT A POINT IN THE WEST LINEOF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 9, SAIDPOINT BEING LOCATED 220.00 FEET NORTH00° 43' 06"
WEST~FROM THE SOUTHWEST: QUARTER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 9; THENCE FROM~SAZD 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 8.60 FEET NORTHERLY
OF SAID CENTERLINE OF SAID.RAZLROAD TRACK THROUGH THE FOLLOWING COURSES AND
DISTANCES WHICH FOLLOW APPROXIMATELY, BUT NOT EXACTLY THE CURVE OF SAID TRACK;
SOUTH B4° 21' O1" EAST 25.15 FEET; SOUTH-87° 37' 38!'~EAST 25.04 FEET; NORTH~89°
44' 29" EAST 25.00 FEET; NORTH 86° 49' S1" EAST 25'.02 FEET; NORTH 82 °49' 23"~
EAST 25.16 FEET; NORTH 81° 11' S8" EAST 25.25 FEET; NORTH S2° 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 FE$T, ~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
QIIARTER OF SECTION 9; THENCE SOUTH 89° 16' S4" WEST 200.00 FEET ALONG SAID
PARALLEL LINE TO THE POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THE-DEED TO
CHARLES ROSS DEAN AND WIFE, RECORDED OCTOBER 31, 1951 IN BOOK 2248, PAGE BB OF
OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION INCLUDED WITHIN. THE LAND DESCRIBED IN THE DEED Tp
ORANGE EMPIRE'HONEY PRODUCERS, A CORPORATION., RECORDED NOVEMBER 3,.1948 IN BOOK
1724, PAGE 221 OF OFFICIAL'RECORDS.
ALSO EXCEPT THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THE .DEED TO THE
STATE OF CALIFORNIA,~RECORDED AIIGUST 28, 1956 IN BOOK 3625, PAGE 536 OF OFFICIAL
RECORDS.
ALSO EXCEPT THAT PORTION~THEREOF LYING .WITHIN MANCHESTER AVENUE, AS DESCRIBED IN
A DEED TO THE STATE OF CALIFORNIA., RECORDED SANUARY 17, 1935 IN BOOK 724, PAGE
350, OFFICIAL RECORDS.
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' S4" EAST 606.95 FEET FROM THE SOUTHWEST CORNER~OF SAID SOUTHEAST QIIARTER
Page 9 DESCRIPTION
Order No. 33803829
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 S9° 16' S4" 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 HEING A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF .960.00 FEET,`
A RADIAL TO SAID POINT HEARING SOUTH'17° 38' 20"-WEST; THENCE EASTERLY 163.44
FEET ALONGSAID CURVE RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 9° 4B' 16" TO
A POINT IN A LINE. BEARING NORTH 0° 43' 06" WEST FROM THE POINT OF .BEGINNING;
THENCE ALONG SAID LINE SOIITH~D° 43' 06" EAST 216.09 FEET TO THE POINT OF
-BEGINNING.
ALSO EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL
SUBSTANCES, EXCEPT WATER, LYING NOT LESS THAN 100 FEET HELOW THE SURFACE OF SAID
REAL PROPERTY; PROVIDED, HOWEVER, THE FIRST PARTY, ITS SUCCESSORS AND ASSIGNS,
SHALL NOT HAVE THE RIGHT ~TO"ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE
PURPOSE OF EXTRACTINGSAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES
NOR, FOR ANY PURPOSE IN CONNECTION THEREWITH, AS RESERVED IN THE DEED FROM SANTA
FE LAND.IMPROVEMENT COMPANY, RECORDED APRIL 17, 1948 IN BOOK 1752, PAGE 45 OF ,
OFFICIAL RECORDS.
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 IN BOOK 51, PAGE 10 OF MISCELLANEOIIS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
HEGINNING~AT A POINT IN A LINE PARALLEL .TO AND 220.00 FEET NORTHERLY FROM THE
SOUTH LINE OF THE SOUTHEAST QIIARTER OF THE SOUTHWEST QUARTER OF SAID SECTION~9,.
SAID POINT BEING LOCATED 416.95 FEET NORTH 89° 16' S4" 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' S4" 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 TAE 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' S4" 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, SOIITHH9° 16' S4" 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 OFFICLAli 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 RIGHT OF WAY LINE THROUGH A
`CENTRAL ANGLE OF 9° 45' 16" TO A POINT IN A LINE BEARING NORTH 0°"43' 06" WEST"
Page to DESCRIPTION
Order No. 33803829
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 'TAE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 4 SOUTH, RANGE TO WEST, SAN BERNARDINO BASE AND~MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY~LINE OF THAT PORTION OF
THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTIONS CONVEYED~TO
H.O. DANNEMANN BY DEED RECORDED JUNE 3, 1926 IN BOOK 655, PAGE 97 OF DEEDS, WITH
A LINE WHICH IS PARALLEL WITHAND DISTANT NORTHERLY 50.00 FEET FROM THE
CENTERLINE OF LINCOLN AVENUE, WHICH CENTERLINE IS THE SOUTH LINE 'OF SAID SECTION
9; THENCE NORTH 89°'16' S4" EAST ALONG SAID PARALLEL LINE, 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. ~DANNII~IANN AS HEREINABOVE MENTIONED; THENCE SOUTHERLY THEREON TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN 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 QIIARTER OF THE SOUTHWEST~QUARTER OF SECTION 9,_
TOWIZSHTP 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 POINT BEING NORTH
89° 16' S4" EAST 606.95 FEET FROM THE SOUTHWEST CORNER OF SAIDSOUTHEAST QUARTER
OF THE SOUTHWEST QIIARTER 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' S4" WEST 150.00 FEET; THENCE, PARALLEL WITH .SAID
CENTERLINE OF LOARA STREET AND WEST LINE OF SAID SOUTHEAST, QITARTER OF SOUTHWEST.
QIIARTER, NORTH 0° 43' 06" WEST 280.49FEET TO THE SOUTHERLY RIGHT OE WAY OF
MANCHESTER AVENUE, PER DEED 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 SOIITH 17° 38' 20"
WEST; THENCE EASTERLY ALONG SAID CURVED RIGHT OF WAYLINE, 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.
ALSO EXCEPTING FROM A PORTION OF SAID LAND, ALL OIL, GAS AND OTHER HYDROCARBON
AND MINERAL SUBSTANCES, EXCEPT WATER, LYING NOT LESS THAN 100 FEET BELOW THE
SURFACE OF SAID REAL PROPERTY; PROVIDED, HOWEVER, THAT~FIRST PARTY, ITS
SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO ENTER UPON THE SURFACE OF
Page a DESCRII'TION
Order No. 33803629
SAID REAL PROPERTY FOR THE PURPOSE OF EXTRACTING SAID OIL., GAS AND OTHER -
......:......
HYDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTION THEREWITH,
AS RESERVED IN THE DEED FROM SANTA FE LAND IMPROVEMENT COMPANY, RECORDED APRIL
17, 1948 IN BOOK 1752,_PAGE 45 OF OFFICIAL RECORDS.
" PARCEL 19:
THOSE PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHWESTQIIARTER OF SECTION 9,
TOWNSHIP 4 SOUTH,. RANGE 10 WEST, IN THE RANCHO SAN".JUAN CAJON DE SANTA ANA, IN
THECITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS .PER MAPRECORDED
IN BOOK 51, PAGE'10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF. THE COUNTY RECORDER
OF SAID COUNTY,-DESCRIBED IN THE DEEDS TO THE STATE ~OF CALIFORNSA RECORDED
FEBRUARY1, 1950 IN BOOK1962, PAGE.266, OFFICIAL RECORDS AND RECORDED JIINE 30;
1950 IN HOOK 2035, PAGE 139, OFFICIAL RECORDS.
PARCEL 20:
THAT PORTION OF THE SOUTHEAST QUARTER OF~THE SOUTHWEST QIIARTER 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 COUNTYRECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
AS A STRIP OF LAND 80 FEET WIDE, BEING 40 FEET WIDE ON EACH $IDE 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 TANGENTCURVE TO THE RIGHT HAVING A
RADIUS OF1000 FEET THROUGH AN ANGLE OF 30° 56', A DISTANCE OF 539.89 FEET;
THENCE TANGENT'S". 48° 47' 06" E „ A DISTANCE OF 169.38 FEET TO A POINTIN '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 AVEN(7E.
PARCEL 21:
THAT PORTION OFTHE FOLLOWING DESCRIBED LAND LYING WITH THE RELINQUISHMENT IN
FAVOR :OF THE CITY OF ANAHEIM, RECORDED FEBRUARY 10., 1958 IN HOOX 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, ZN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
Page lz DESCRIPTION
Order No. 3 3 8 03 82 9
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 Y7E.ST 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
CORNERTHEREOF;_THENCE FROM SAID POINT OF BEGINNING S. 79° 43' 06" E., ADISTANCE
OF 351.68 FEETjTHENCE SOUTHEASTERLY ALONG A TANGENT CURVE TO THE RIGHT HAVING A
RADIiTS OF 1000FEET THROUGH AN ANGLE OF -30° 56', A DISTANCE OF 539.89 FEET;
THENCE TANGENT 5. 48° 47' 06" E., A DISTANCE OF 169.38 FEET TO A POINT IN THE
CENTERLINE OF LINCOLN AVENUE, 60 FEET WIDE, SAID CENTERLINE BEING-THE SOUTH LZNE
OF THE SAID SOIITAEAST 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 ANY PORTION LYING WITHIN LINCOLN AVENUE.
City of Anaheim
~~,AIiTl~glliG ~3E~AR'~'l~l~l~i'g'
kx
~~ ~
°=.~, ~ September 30, 2004 ~--
i~~,r ~"
City of Anaheim
Ron Pickett
200 South Anaheim Boulevard
Anaheim, CA 92805
Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting
of October 4, 2004.
4a. CEQA Negative Declaration (Readvertised)
4b. Reclassification No. 2004-00 1 1 8
(Trackinc No. RCL2004-001331
4c. Waiver of Code Requirement
4d Conditional Use Permit No. 2004-04847
(Tracking No. CUP2004-04900)
4e. Tentative'Parcel Map No. 2004-177
4f. Review And Recommendation Of Conceotual Plans
Owners: City of Anaheim, Attn: Ron Pickett, 200 South Anaheim Boulevard,
Anaheim, CA 92805
Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, 201 South
Anaheim Boulevard, Anaheim, CA 92805
Sherwood G. Oklejas, 215 South Euclid Street, Anaheim, CA 92802
Orange County Transportation Authority, P.O. Box 14184, 550 South
Main Street, Orange, CA 92863-1548
Agent: Leason Pomeroy, LP3, 158 North Glassell, Suite 201, Orange, CA 92866
Location: 1501 West Lincoln Avenue. Property is an irregularly-shaped site which
consists of multiple parcels with a combined area of approximately 3.29
acres., and is generally located at the northeast corner of Lincoln Avenue
and Loara Street.
Reclassification No. 2004.00118 (Tracking No. RCL2004-00133)- Request to reclassify the
properties from the I (Industrial) zone to the C-G (General Commercial) zone.
Conditional Use IPennit No. 2004-04847 (Tracking No. CUP2004-04900) -Request to
establish an automobile sales dealership with automotive repair and afreeway-oriented wall
sign and to replace an existing legal nonconforming freestanding (monopole)
telecommunication facility with a temporary telecommunications facility with waivers of (a)
minimum landscaped and structural setback abutting an arterial highway, (b) minimum
landscaped and structural setback abutting a local street, (c) required improvement of public
right-of-way, (d) minimum number of parking spaces', (e) minimum distance between
freestanding signs*, (f) maximum height and size of freeway-oriented sign and (g) maximum
height and size of wall signs.
*Waivers (d) and (e) have been deleted.
200 Soulh Anaheim Bou4evard
P.0. Box 3222
Anaheim, California 92603
www.anaheim.nel TEL (714) 765-5139
Tentative Parcel Map No. 2004-177 -Request to combine eight parcels and existing Tight
of-way into one parcel.
Request Planning Commission review and recommendation to the Anaheim Redevelopment
Agency of basic concept drawings for an automotive sales dealership with an automotive
repair facility.
ACTION:
1. That prior to issuance of the first building permit, the final map shall be submitted to and
approved by the City of Anaheim and the Orange County Surveyor. Following approval,
the final map shall be recorded in the pfrice of the Orange County Recorder (Subdivision
Map Act, Section 66499.40).
2. That all lots shall be assigned street addresses by the Building Division. Street names for
any new private street shall be submitted to and approved by the Building Division.
3. That the developer shall :irrevocably offer to dedicate to the City of Anaheim an
easement sixty (60) feet in width from the construction centerline of Lincoln Avenue for
street widening purposes.
4. That approval of Tentative Parcel Map. No. 2004-177 is contingent upon approval of
Conditional Use Permit No. 2004-04847 (Tracking No. CUP2004-04900) and
Reclassification No. 2004-000118 (RCL2004-000133) now pending.
5, That prior tp approval of the final map, Condition Nos. 2, 3 and 4, above-mentioned,
shall be complied with.
6. 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
This decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is filed with the City Clerk within ten (10) days from the date of this letter or
unless members of the City Council request review of this decision within said 10 days.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim City Planning Commission
cc: ARA, Elisa Stipkovich, 201 S. Anaheim Boulevard, Anaheim, CA 92805
Sherwood G. Oklejas, 215 S. Euclid Street, Anaheim, CA 92802
OCTA, P.O. Box 14184, 550 South Main Street, Orange, CA 92863-1548
Leason Pomeroy, LP3, 158 N. Glassell Street, Suite 201, Orange, CA 92866
CR DM.doc
ATTACHMENT:- ITEM N0. 4 SECTION4
Sections 18:03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
,granted by the Zoning Adminisrator or Planning Commission, the following shall be shown:
-TTfiTthere aze spec~a cucums nces app tca a to a property, me u mg size, s ape, topograp y, ocahon or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other properly under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is soyght, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? Yes _ No.
2.
3.
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~ Yes _ No
purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
which woyl~h p e tjte-effect of grantiggt a special privilege not shazed by other property in the same vicinity and zone
rat otherw se x ss~ au n ed b z e regulations governing subject property. Use variances are not pemritted.
of Property Owner or Authorized Ag t Date
USE PERMff '1Qa. 2.QO4' o 'Fg ¢7
DECEMBER 12, 2000
Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your property? Yes _ No
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? _Yes ~No
ATTACHMENT - ITEM N0. 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
SECTION 4
REQUEST FOR WAIVER OF CODE SECTION: IS. ~', IDDf /~ . ~. (f0. OlD
(A separate statement is required for each Code waiver)
PERTAINIIJG TO:
Sections 18.03.U40.030 and 18.]2.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
-I-~I' 1t-atlrere aze specta circumstances app tca a to e property, tau mg size, sFiape-topograpTy-location or- - -
surroundings, which do not apply to other property under identical zoning classifcation in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sough[, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ,~ Yes _ No.
is
2. Are the special' circumstances that apply to the property
same zone as your property? Yes _ No
If your answer if "yes; 'describe the special circumstances:
properties in the vicinity which aze in the
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~ Yes _ No
purpose of any variance or Co
I which uld h e the effec of g
not oth is ex re y u rize~
of Property Owner or Authorizes
vaiver shall be to prevent discrimination, and no variance or Code waiver shall be
ting a special privilege not shazed by other property in the same vicinity and zone
hY zone regulations governing subject property. Use variances are not pemvtted.
.i9.
®r
gent Date
CONDITIONAL USE PERMIT NO. 2 ~~ - O ~$'~ 7
DECEMBER 12, 2000
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? _Yes ~No
00-28-04 11:42 From-CITY of ANAHEIM-COt~1 DEV 7147654845 T-843 F.OI/Ol F-03B
ATTACHMENT -ITEM N0. 4
~® ~~~~
CI'i°~ ®F EIS
Community Development Department
DATE: September 29, 2004
TO: David See, Senior Planner
FROM: Ramona Castafieda, Project Manager`~C
SUBJECT: RESdUEST FORAZONE RECLASSIFICATION, CONDITIONAL USE
PERMIT, AND PARCEL MAP FOR THE PROPERTY AT 1501 W.
LINCOLN AVENUE (ANAFIEIM CHEVROLET)
The following provides background information in preparation for the Planning
Commission's consideration of a request for a zone reclassifir~tion, conditional uSe
permit, and parcel map for the property located at 1501 W. Lincoln Avenue (Site). The
proposed zone reclass~cation is from the I (Industrial) zone to the CG (Commercial
General) zone, conditional use permit (CUP) to allow an automotive dealership with
repair facilities, and a parcel map to consolidate the site into one property. The reason
for the zone reclassification, CUP, and parcel map is to accommodate the relocation
and development the Anaheim Chevrolet automotive dealership.
The site is located within the Merged Project Area (project area) boundaries. The intent
of the redevelopment plan is to revitalize and alleviate blighting conditions in project
area. The redevelopment plan for project area designates the supject property as
General Commercial. The requested zone reclassfication is consistent with this land
use designation and the goals set forth in the redevelopment plan.
The Anaheim Redevelopment Agency (Agency) has been_working with the current
owner and operator of the Anaheim Chevrolet dealership and is finalizing a
Development and Disposition Agreement (DDA). The DDA wilt include basic concept
plans for Agency consideration. Agency staff are wnfident that the requested
entitlements will :benefit and improve the redevelopment project area and recommends
approval of the requested entitlements. It is also recommended that the Planning
Commission review the basic concept plans and recommend their approval to the
Agency. If you have any questions regarding this matter, please call me at 765-4300.
c. Brad L. Hobson
Ramona Castaneda
ITEM NO. 5
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Conditional Use Permit No. 2004-04895 ~ r ~ ~ Subject Property
Date: October 4, 2004
Scale: 1" = 200'
Requested By: REAL ELYONS-GLEDHILL-KRAMER Q.S. No. 94
REQUEST TO PERMIT A TELECOMMUNICATION FACILITY (DISGUISED AS A LIGHT
POLE) WITH ACCESSORY GROUNp-MOUNTED EQUIPMENT WITH WAIVER OF
MINIMUM STRUCTURAL SETBACK.
601 South East Street tsos
ITEM N0. 5
u.v~uuuu u ...-...,....y.. vi nawc~, yi vui w-u ivuuwu awoaaviy cyuiNigcniswiayp; aien
located adjacent to the light pole. :
Sr8790dh`.doc
P
ei
Staff Report to the '
Planning: Commission
October 4,.2004
'Item No. 5
GROWTH MANAGEMENT ELEMENT ANALYSIS::
(9) The proposed projecfhas been reviewed by affected City departments to determine
whether it conforms with the City's Growtft Management Element adopted`by the City
Council on March 17,':1992. Based on Citylstaff review of the proposed project, it has been
determined hat this project does not fit within the scope necessary to require a Growth
Management Element analysis; therefore, no analysis has been performed.
EVALUATION:
(10) Communications facilities and antennas, including monopoles, are permitted in the
zone subject to the approval ofa conditional use permit and the requirements of Section
18.38.060 of Chapter 18.38 pertaining to Supplemental Uses.
(11) The requested waiver;pertains to the minimum setback requirement for accessory ground
mo4nted equipment. Code requires that a'minimum 5 foot wide etback tie maintained
atlJacent to'all property lines. Plans indicate no setback from the south property linels
proposed as indicted in the photo on the following page. The applicant has indicated hat
compliance with the required setback would eliminatelparking spaces and'could impact
vehicular access. Due to the size and configuration of the parking area, the building
location and the surrounding properties and adjacent fencing constraints, staff concurs with
the applicant that this location would havelhe least negative impact on the property and
would allow: the facility to be completely screened from pubic view.
Page 3
Proposed location of telecommunication facility :and ground-mounted(enclosu
(12) Thepetitioner's upplemental Information and search ring analysis!ihdicates this locati
was selected in`order to allow commuters and residents within the coverage area impt
service and expand the atiiliry to provide for voice and data transmission services, whi
are not currently available:: The petitioner indicates that this site was selected`as it wo
be the least obtrusive location and would not add any additional visual clutter to near6~
properties. Two additional telecommunication facilities (ta the south and westiof the
subject property) were investigated for co-location potential; however, the apppcant ha
indicated that they were unable to locate on the existing facilities without substantial '
increase in height to the ezisting facilities. Commission has approved similar fight poll
installations in industrial areas with success.
(13) The Planning Department continues to discourage unscreened telecommunication fac
due to the significant cumulative visual impactcn the community asia whole..Staff fee
that "stealth" installations are the best alternative to decrease visuali clutter antl preser
the aesthetic quality of the community. However, due to the telecommunication mono
being disguisedas a light. pole, which blends in;with the surrounding properties and do
not significantly'impact the. visual aesthetics of the area, toff recommends approval o
request.
Staff Report to the
Planning .Commission
'.October 4,:2004
Item No. 5'
(14) Code Enforcement Division records indicate no pending code violations for the property. -
FINDINGS:
Page 5
[DRAFT]
RESOLUTION NO. PC2004--'
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04895 BE GRANTED
(601 SOUTH EAST STREET)
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 I: THE NORTHERLY 130.00 FEET OF THE EASTERLY
RECTANGULAR ONE-HALF OF VINEYARD LOT H-1 OF ANAHEIM, AS SHOWN ON
A MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS OF LOS
ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE WESTERLY
210.00 FEET.
PARCEL 2: THE NORTH 130.00 FEET OF THAT PORTION OF VINEYARD LOT
H-1 OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629
AND 630 OF DEEDS OF LOS ANGLES COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE LAND.
DESCRIBED IN DEED TO WEST-AIRE MANUFACTURING COMPANY, A
PARTNERSHIP, RECORDED NOVEMBER 18, 1953 IN BOOK 2616, PAGE 1 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING IN
THE WEST LINE OF EAST STREET, 66.00 FEET WIDE, AS SHOWN ON SAID
MAP, AND DISTANT SOUTH 15° 30' 00" EAST 130.00 FEET FROM THE
NORTHEAST CORNER OF SAID LOT H-1; THENGE SOUTH 74° 22' 35" WEST
351.24 FEET ALONG THE SOUTHERLY LINE OF SAID LAND OF WEST-AIRE
.MANUFACTURING COMPANY TO THE EASTERLY LINE OF THE LAND
DESCRIBED IN DEED TO ANAHEIM HOLDING COMPANY, A CORPORATION,
RECORDED DECEMBER 29, 1952 IN BOOK 2429 PAGE 319 OF SAID OFFICIAL
RECORDS; THENCE SOUTH 15° 30' 31" EAST 260.00 FEET ALONG SAID
EASTERLY LINE; THENCE NORTH 74° 22' 35" EAST 351.20 FEET TO THE
NORTHEAST .LINE OF SAID LOT H-1; THENCE NORTH 15° 30' 00" WEST 260.00
FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST
20.00 FEET.
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 putilic 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; and
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 to permit a telecommunications antenna (disguised as a light
pole) with accessory ground-mounted equipment with waiver of the following:
SECTION NO. 18.38.060.0504 Minimum structural setback
feet required; none proposed for ground-
mounted equipment enclosure)
Cr\PC2004-0 -1- PC2004-
2. That the waiver of structural setback for equipment is hereby approved on the basis that the
size and configuration of the parking area, the building location and the surrounding properties and adjacent
fencing constraints, limits the placement of the equipment and that the location proposed for the equipment
would have the least negative impact on the property and would allow the facility to be completely screened
from public view.
3. That the proposed telecommunications facility disguised as a light pole would not adversely
affect the adjoining land uses and the growth and development of the area in which it is proposed to be
located.
4. That the size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety as the telecommunication facility
disguised as a light pole minimizes any potential aesthetic impacts.
5. That because this is an unmanned facility with infrequent maintenance, the traffic generated
by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
6. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to
an essential and effective wireless communications network system.
7. That "' 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 the Anaheim City Planning Commission has reviewed the proposal to permit a cellular
telecommunication facility disguised as a light pole with accessory ground-mounted equipment with waiver of
minimum structural setback and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independentjudgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on the
basis of the initial 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
health and safety of the Citizens of the City of Anaheim:
1. That this permit shall expire five (5) years from the date of this resolution on October 4, 2009.
2. That the telecommunications facility shall be limited to 45 feet in height, with 3 sectors consisting of 2
flush-mounted panel antennas per sector, and accessory ground-mounted equipment. Said information
shall be specifically shown on plans submitted for building permits. No additional antennas or
equipment cabinets shall be permitted without the approval of the Planning Commission.
3. That the portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
4. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas, the
transmission tower structure or the accessory equipment building.
-2- PC2004-
5. That the cable connecting the equipment shall be underground and shall not be visible to the public.
Said ground-mounted equipment shall match in color and texture the adjacent block wall and shall be
specifically shown on plans submitted for building permits. --
6. That all equipment, including supply cabinets and power meter shall be installed on private property and
shall be screened from public view as required by the Planning Department. The developer shall obtain
a Right of Way Construction Permit from the Public Works Department for any work within the public
right of way, including but not limited to installation of conduit, cable and electrical service tines.
7. That the operator shall ensure that its installation and choice of frequencies wilt not interfere with the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for
Public Safety and related purposes.
8. That before activating its facility, the Operator shall submit to apost-installation test to confirm that the
facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be
conducted by the Communications Division of the Orange County Sheriffs Department or a Division-
approved contractor at the expense of Operator.
9. That aB interference complaints shall be resolved within 24 hours.
10. That the operator shall .provide a "single point of contact" in its Engineering and Maintenance
Departments to ensure continuity on all interference issues. The name, telephone number, fax number
and a-mail address of that person shall be provided to the Planning Services Division.
11. That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of
the facility, shall comply with the terms and conditions of this permit.
12. That the subject property shall be developed substantially in accordance with the 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 5, and as conditioned herein.
13. 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. 2, 5 and 6, 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.
14. That prior to final building and zoning inspections, Condition Nos. 8, 10 and 12, above-mentioned, shall
be complied with.
15. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal 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
BE IT FURTHER 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.
-3- PC2004-
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 procedures and may be replaced by a City Council
Resolution in the event of an appeal. -
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2004-
SEP.20'2004 12:21 714368a94'
-~--~-- -~-'--~-'---~- --. - NEXTEL ~
ATTACHMENT -ITEM N0,5 5157 P. 002/002
os°!@1004 Bl:SApa Fri T-410 P.Oa%/OQ2 rwne
PETITIONER'S STATFIMENT OF
JtSST[FICATION FOR VARIANCFJCODfi VdAlVfilt
(NpT REQUIRED FCtA PARKING 1WAIVER}
REQUEST Fall WAIVER of coDS sECT[oN: / ~ S ~. o G v
(A separate stafemeni [s required Poe Bch Code tamiva)
PERTAIPIIPIG Tfl: sr s- /3~ e ~ !Lc 4uyeeHe./'S
Sccdons 11;A3.D40.030 and t 5.12.060 of the Anaheim PAunicipal Code require thae lreYbre eny variance or Code waiver may
¢rarrced b'Y the Zoning Adminisaator or Planning Commission, the 4'ollawistg shall ba shown:
1. That there see special eircumstenees applicable ttr the property, including sir:e,'shape, eopogisphy, loeadon of
surtoundin~, wlircit do not apply m other property render idrndeml caning elassiFcaeina la the vieiniey:
2. They because of such speciml cittumsBartces, sa'iet app[icatioa oPthe zon[ngcoda deprives the ptopesty of privila~s
enjoys by o property under identical zoning claBSif cation in the vicirriry.
[n order to determine if stub special cireumsetnces excise, end to assist the Zoning Admltdsaeror oe Planning CommLssion to
arrive at a decision, please answereach oFthe foliowhrg questions rtr~rdiag dte property foe which a vmriance is soug4rt. fuU;
and es complet@ly as possible. Ifyou reed additional space, you orgy attach additional pbges,
1. Are there special clreumstanees chat apply to the property in matters such as aia~, shape, mpo~raphy, locffiion or
sutroundittgsY ,~ Yos ®Plo.
ifyaur answer is "Yes," describe dta spacim! circutnsrances: f~Cc~ntaT ap . 7NE p~Postg
s.C_.I PM~./7 s:I,/6.7P~ i TL1F F/u ~ ) FLT]T rF? k. asCEA /S NEcE'J rata 7U
A.L,~.C/ F.iGTA2~.L 6+ARJW~J4 +H4 ra- .
2. Are t8®speciat eircuarseane®s that appl to dte property dl£leceM from other progeeties in du vicinity which me it
same zone as your ptopt:rty'i' „®Yes ,~ Ido
Yt'your answer if "yam," descn~ thm spte[al cireumsrane®s:
a. @Jere the special eeemted by causes beyond the contra{ of dte prop®rty owner (oe pt~evieus ptopett
awoets)? „g, Yes ,r,,, Na
u+re ofPropeety Owner or Authotia~ Agettt Dee
COND1TIpNALUSEPERMC['/VARIAA1CENd. C~P7aod~^
3962l1D6CeN1®tiR~i2, 2000
ITEM N0, 6
VAR 4053 S T-VAR 2002-04511
(CUP 2448) VAR 2001-04461 5
HARDIN HONDA ANAHEIM MAZDA
HYUNDAI
I_
AUTO CENTER DRIVE > /
~ /
~ /
C-G C-G j
RCL 91-92-19 RCL 99-92-19 -I /
RCL 74-75-21 (5) CUP 3fi25 U /
RCL 74-75-20 (2) RCL 74-75-21 (5) x
CUP 2001.04448 RCL 74-75-20 (2 Z /
CUP 3625 MITSUBISHI UJ
AUTO DEALER ~
a/
SANDERSON AVENUE z7o~~°I
c-c
RCL 89-90 30
RCL 74-7521 (5)~
...:CUP 2004 04696-;:::::
pG CUP 2732 '~ ~
RCL 90-91-15 VAR 4076 ) '. N
RCL 74-7521 ((5) (CUP 3945)
RCL 74-75-20 (2) THE ACTfi CHURCH,
CUP 3353 VADANT OFFICE;
VAR 3262 BUILDING E
PHOENIX CLUB ~
Ze
~~/ O Q'
>/~ 2
~~ ~ ~e
i/w
c G c-G O
RCL 90-91-15 RCL 90-91-15 T~ ~
RCL 82-83-25 RCL 82-83-25 4
RCL 82-93-24 RCL 82-83-24 CUP 3353
VAR 4078 VAR 3262 /
VAR 32fi2 VAR 4078
RANCHO DEL RIO /
(HORSES) VACANT PHOENIX /
CLUB
Conditional Use Permit No. 2004-04896 Subject Property
Date: October 4, 2004
Scale: 1" = 200'
Requested By: EL BEKAL TEMPLE ASSOCIATION Q.S. No. 126
REQUEST TO PERMIT FOUR (4) ADDITIONAL ANTENNA SECTORS TO AN EXISTING LEGAL
NON-CONFORMING TELECOMMUNICATION MONOPOLE AND TO CONSTRUCT AN
ACCESSORY GROUND-MOUNTED EQUIPMENT SHELTER.
1320 East Sanderson Avenue 1507
ITEM N0. 6
6ai`
fibs
approved by the Commission in 1985:.
PROPOSAL:
(6j The petit(oner proposes to co-locate new telecommunication antennas onto an existing
75-foot high monopole that was constructed'prior to the Code provision requiring a
conditional use permit. Code Section No. 18.56.030.070 states that "any cdntinuing use that
becomes or'is nonconforming solely by virtue of not meeting the currentlyapplicable
permitting requirements of th(s title may become a conforming use by obtaining the
appropriatepermits which in this'case would be a conditional use permit "
Sr8788dh.doc
Page 1
(d) That the traffic generated by the modified use
:the streets: and highways designed and impro
(e) That the granting of the conditional use pi
any, will not be detrimental to the health
Anaheim.
Staff Report to the
'Planning Commission
i October 4 2004
`Item No. 6;
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during the
hearing, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Commission ao rove the petitioner's request by adopting the attached
resolution including the findings and conditions contained therein.
Page 5
[DRAFT]
RESOLUTION NO. PC2004
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04896 BE GRANTED
(1320 EAST SANDERSON 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 OF PARCEL MAP NO. 90-179, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 279, PAGES.
45, 46 AND 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, TOGETHER WITH THAT PORTION OF VACATED SANDERSON AVENUE
AS MORE .PARTICULARLY DESCRIBED AS PARCEL 2 OF RESOLUTION NO. 95R-67 OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY OF WHICH
RECORDED JULY 18, 1995 AS INSTRUMENT NO. 95-304246, OFFICIAL RECORDS
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF ANAHEIM A PUBLIC
.BODY CORPORATE AND POLITIC, IN A DEED RECORDED DECEMBER 23, 1993 AS
INSTRUMENT NO. 93-0893342, OFFICIAL RECORDS.
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; and
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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.08.030.0402, 18.38.060 and 18.56.030.070.
2. That the existing and proposed telecommunications facilities would not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
Further, the antennas and existing pole would be painted a neutral color to better blend in with surrounding
environment.
3. That the size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety; and the site currently contains a
monopole which allows opportunity for the co-location of telecommunications facilities without building
separate facilities thereby minimizing impacts to the surroundings.
4. That because this is an unmanned facility with infrequent maintenance, the traffic generated
by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to
an essential and effective wireless communications network system; and
6. That "* indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
Cr\PC2004-0 -1- PC2004-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a cellular telecommunication facility on an existing °'
monopole with accessory ground-mounted equipment; and does hereby approve the Negative Declaration
upon finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration together with .any comments received during the public review process
and further finding on the basis of the initial 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
health and safety of the Citizens of the City of Anaheim:
1. That the co-location of the additional antennas shall expire five (5) years from the date of this resolution
on October 4, 2009.
2. That the co-located telecommunications facility shall be limited to 70 feet in height, with 3 sectors
consisting of 2 antennas for a maximum number of 6 antennas having dimensions of 4 feet in height and
accessory ground-mounted equipment, Said information shall be specifically shown on plans submitted
for building permits. No additional antennas or equipment cabinets shall be permitted without the
approval of the Planning Commission.
3. That all antennas including the existing monopole and existing antennas shall be finished and painted a
neutral color as determined by staff to better blend into the surrounding properties. If the finish or color
of the monopole is modified, the antennas shall be modified accordingly. Said information shall be
specifically shown on plans submitted for building permits.
4. That the portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
5. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas, the
transmission tower structure or the accessory equipment building.
6. That the cable connecting the equipment shall be underground and shall not be visible to the public.
Said ground-mounted equipment shall match in color and texture the building and shall be specifically
shown on plans submitted for building permits.
7. That all equipment, including supply cabinets and power meter shall be installed on private property and
shall be screened from public view as required by the Planning Department. The developer shall obtain
a Right of Way Construction Permit from the Public Works Department for any work within the public
right of way, including but not limited to installation of conduit, cable and electrical service lines.
8. That the height of the monopole shall not exceed the height of the attached existing antenna arrays. If
the arrays are lowered, the monopole height must be reduced to correspond to the height of the arrays.
9. That the operator shall ensure that its installation and choice of frequencies will not interfere with the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for
Public Safety and related purposes.
10. That before activating its facility, the Operator shall submit to apost-installation test to confirm that the
facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be
conducted by the Communications Division of the Orange County Sheriffs Department or a Division-
approved contractor at the expense of Operator.
-2- PC2004-
11. That all interference complaints shall be resolved within 24 hours.
12. That the operator shall provide a "single point of contact" in its Engineering and Maintenance
Departments to ensure continuity on all interference issues. The name, telephone number, fax number
and a-mail address of that person shall be provided to the Planning Services Division.
13. That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of
the facility, shall comply with the terms and conditions of this permit.
14. That the subject property shall be developed substantially in accordance with the 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 7, and as conditioned herein.
15. 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. 2, 3 and 6, 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.
16. That prior to final building and zoning inspections, Condition Nos. 10, 12 and 14, above-mentioned, shall
be complied with.
17. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal 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.
BE IT FURTHER 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.
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 procedures and maybe replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2004-
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:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2004,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2004-
ITEM N0. 7
T
JOHN MARSHALL
ELEMENTARY SCHOOL
FALMOUTH AVE
RM-3
T
RCL 73-74-36
(Res. ofilnt.la PC)
RCL 73-74-35
T
JOHN MARSHALL
PARK
} .zt
z
T s #"
RCL 73-74 36 ~=
. (Res. of Int to PC) C ; s
RCL 73-74-35 ~„} :-
' CUP 2004-04897 L::'~ d.
{CUP 1559) t'
::JOHN MARSHALL u
PARK
I ~ 207' -~
LA PALMA AVENUE
`/ /~
RM-3 (PCl
VAR 2724
53 DU '<
~~ .
O~\
~~
O~
.-__
~,
RM-2
VAR 3252
RCL 73-74-35
RCL 61-62-12
RCL 73-74-36
(Res. of Int, to PC)
ATTACHED CONDOS
~ 64 DU -
~ RS-2
W 1 DU EACH
w _ ~ ~
tat ~ n Rcn~
DOGWrnOOD AVE DOGWOOD AVENUE
I~
CUP 3880
Conditionai Use Permit No- 2004-04897 d Subject Property
Date: October 4, 2004
Scale: 1" = 200'
Requested By: CITY OF ANAHEIM Q.S. No. 37
REQUEST TO PERMIT A TELECOMMUNICATIONS FACILITY (DISGUISED AS A LIGHT
POLE) WITH ACCESSORY GROUND-MOUNTED EQUIPMENT.
2001 West La Palma Avenue -Marshall Park
WINDWI
,, i _.
1 t
--+ iL
7 )
I t
1~~
0
uoe
ITEM NQ. 7
7a.
7b.'
Sr8793dh,doc
Page 1 .
Existlngaij
to be repla
the propo
telecommi
St
Pli
O~
Ite
View of the proposed location far theitelecommunication facility iron
Proposed
telecommunication
facil'ty
~ ~
~f,~"~''`>~~ ~~, 4~ ~ ~ ~ `sue' 'a. ~~!~~%~~~x+ ~, X.
~-; r rz ZU;3~. ~ G'9- s~ csro-..,~;.
x,..~-gig ~4 ~;.~~vf'~a~~:;~~C ~ ~,'`. r~~v~'~~Y~?,~~
p I IFltlVt tlI lU~ -0JGI GI VI Cja CV VI I II I ICI IUSI U IGF.
finding by the Planning Commission hat
judgment of the ead agency; and that it"t
together with any comments received du
on the basis of he Initial Study and any
evidence that the project will have a'sign
[DRAFT]
RESOLUTION NO. PC2004--*
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04897 BE GRANTED
(2001 WEST LA PALMA AVENUE -MARSHALL PARK).
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:
THOSE PORTIONS OF THE SOUTH HALF, OF SECTION 5, TOWNSHIP 4 SOUTH RANGE
10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FALMOUTH AVENUE WITH THE
SOUTHERLY PROLONGATION OF THE EAST LINE OF LOT 94 IN TRACT NO. 2093, AS
SAID INTERSECTION AND LOT ARE SHOWN ON A MAP OF SAID TRACT 2093,
RECORDED IN BOOK 76, PAGES 45 THROUGH 48, MISCELLANEOUS MAPS, RECORDS
OF SAID ORANGE COUNTY; THENCE NORTH 89° 46' 20" EAST, 325:98 FEET;
THENCE SOUTH 0° 21' 35" EAST, 794.81 FEET TO AN INTERSECTION WITH THE
CENTER LINE OF LA PALMA AVENUE; THENCE NORTH 0° 21' 35" WEST, 794.81
FEET TO THE .POINT OF BEGINNING.
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; and
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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.14.030.040.0402 and 16.38.060.
2. That the proposed telecommunications facility disguised as a park light pole for the baseball
field would not adversely affect the adjoining land uses and the growth and development of the area in which
it is proposed to be located.
3. That the size and shape of the site is adequate to allow full development of the prdposal in a
manner not detrimental to the particular area nor to the health and safety as the telecommunication facility
disguised as a light pole which minimizes visibility from the surrounding properties.
4. That because this is an unmanned facility with infrequent maintenance, the traffic generated
by the proposed use will not, under the conditions imposed., impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to
an essential and effective wireless communications :network system.
6. That *** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CrlPC2004-0 -1- PC2004-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a cellular telecommunication facility disguised as a park
Tight pole for a baseball field with accessory ground-mounted equipment; and does hereby approve the---
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency
and that it has considered the Negative Declaration together with any comments received during the public
review process and further finding on the basis of the initial 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
health and safety of the Citizens of the City of Anaheim:
1. That this permit shall expire five (5) years from the date of this resolution on October 4, 2009.
2. That the telecommunications facility shall be limited to 65 feet in height for the pole, and 60 feet for the 3
sectors consisting of 2 antennas panels (which are stacked) per sector, with a maximum height of 4 feet
and accessory ground-mounted equipment. Said information shall be specifically shown on plans
submitted for building permits. No additional antennas or equipment cabinets shall be permitted without
the approval of the Planning Commission.
3. That the portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion by providing regular landscape maintenance, removal of Vash or
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
4. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas, the
transmission tower structure or the accessory equipment building.
5. That the cable connecting the equipment shall be underground and shall not be visible to the public.
Said ground-mounted equipment shall match in color and texture the adjacent black wall and shall be
specifically shown on plans submitted for building permits.
6. That all equipment, including supply cabinets and power meter shall be installed on private property and
shall be screened from public view as required by the Parks Department and Planning Department. The
developer shall obtain a Right of Way Construction Permit from the Public Works Department for any
work within the public right of way, including but not limited to installation of conduit, cable and electrical
service tines.
7. That all final plans for this telecommunication facility including the antennas and ground-mounted
equipment enclosure shall be reviewed and approved by the Community Services Department.
8. That the operator shall ensure that its installation and choice of frequencies will not intertere with the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for
Public Safety and related purposes.
9. That before activating its facility, the Operator shall submit to apost-installation test to confirm that the
facility does not intertere with the City of Anaheim's Putilic Safety radio equipment. This test shall be
conducted by the Communications Division of the Orange County Sheriffs Department or a Division-
approved contractor at the expense of Operator.
10. That the applicant shall resolve all interference complaints within 24 hours.
11. That the operator shall provide a "single point of contact' in its Engineering and Maintenance
Departments to ensure continuity on all interference issues. The name, telephone number, fax number
and a-mail address of that person shall be provided to the Planning Services Division.
-2- PC2004-
12. That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of
the facility, shall comply with the terms and conditions of this permit.
13. That the subject property shall be developed substantially in accordance with the 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 7, and as conditioned herein.
14. 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. 2, 5, and 7above-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.
15. That prior to final building and zoning inspections, Condition No. 11 and 13 above-mentioned, shall be
complied with.
16. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal 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
BE IT FURTHER 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.
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 procedures and may be replaced by a City Council
Resolution in the event of an appeal.
ATTEST:
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
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:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2004.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2004-
ITEM N0. 8
t i i I I I'
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CRESCENT AVENUE -"
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RCL 64-65-07
I I RM-2 RCL 59.60.10] I-
RS-2 I ~ RCL 78-79-00 CUP 20Rid4sA5 ~
1 DU EACH ~ VAR 3098
I /'~-------- ~. -
I
~ VAR 9D6 S ---
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I I CDNDOS I ~. p
STOCKTON AVE 11 44 DU I I RM-4 - Z
I I I I RCL 6687-25 Q
•
~-------- 9 I VAR 3645 2
RS-2 RS-2 `
_ .. APARTMENTS
7 DU EACH 1DU EACH 21 DU
RS-2
RCL 628
RM-4 C-G CUP 31
VIVA ADULT LIVING' RCL 63E4-23 VAR i6
RS-2 RCL 59E0-107 V
1 DU EACH RM-0 CUP 3323 i OU EA
RCL 6687-59 CUP 2362
aAYLOR AVE VAR 2013 BAYLOR CIRCLE CUP 2234
VAR 1871 CUP 2229
VIVA ADULT LIVING CUP 1254
RS-2 124 DU CUP BBB
I DU EAC H RM-4 VAR 2411
VIVA ADULT LIVING MAGNOLIA
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F RCL 89-90-51 ~ I,U
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F-
(n y" ~ e:~: CUP 3471
.n ~~ VAR 7905
rv
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~ ,~ J VAR 1626
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CUP 522
VAR 3806
RS-2 VAR 1915
1 OU EACH VAR 907 S
~ /L\ CHURCH 8
SCHOOL
PR
RCL 73-74-34
/,~
Conditional Use Permit No. 2004-04898 u~ Subject Property
Tentative Tract Map No. 16640 Date: October 4, 2004
Scale: Graphic
Requested By: COMMONS APARTMENTS, LLC Q.S. No. 19
CONDITIONAL USE PERMIT NO. 2004-04898 -REQUEST TO CONSTRUCT A 114-UNIT ATTACHED
AND DETACHED RESIDENTIAL CONDOMINIUM SUBDIVISION WITH WAIVER OF MAXIMUM
BUILDING WALL LENGTH.
TENTATIVE TRACT MAP NO. 16640 - TO ESTABLISH A 76-UNIT ATTACHED CONDOMINIUM
AND 38-UNIT DETACHED SINGLE-FAMILY SUBDIVISION.
425 North Magnolia Avenue
1509
ITEM N0. 8
Staff Report,to the
Planning Commission
.October 4,'2004
Item No. 8
8a. CEQA NEGATIVE DECLARATION (Motion)
Sb. WAIVER OF CODE REQUIREMENT (Motion)
Sc. CONDITIONAL USE PERMIT NO. 2004-04898 (Resolution)
Sd. TENTATIVE TRACT MAP NO/16640 (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This rectangular-shaped, 9.2-acre property has a frontage of 662 feet on the'west side'
Magnolia Avenue, a maximum depth of 60&feet, and is ocated 662 feet south of the
centerline of Crescent Avenue (425 North Magnolia Avenue).
`REQUEST:
(2) The; petitioner requests approval of the following:
Conditional Use Permit No. 2004-04898 - to Construct a 114-unit attached and detached
residential condominium ubdivision under the authority', of Code Section Noi1&06.160 with
waiver of the fallowing:
SECTION NO`. 18.06.090.060 Maximum building wall length. 20 feet maximum
wall length permitted; 24 to 39 feet proposed).
Tentative Tract Mao No. 16640 - to establish a 76-unit, attached condominium and 38-unit
BACKI
(3)
(4)
Direction General Play pesignaton
North Medium Density Residential
East (across Magnolia) `; Corridor Residential/Parks
South Low Medium Density Residential
West Low Density Residential
PREVIOUS ZONING ACTIONSc
(5) The following zoning actions pertain to this property:
(a) Conditional Use Permit No. 3471 (to permit a conversion from apartments to
condominiums with code waivers) was'approved by the Planning Commission on
December 16,:1991. This permit was not used and should be terminated.
Sr5117Jr
Page 1
bEVELOPI
"' Deuelo "merit Standards Pro osed Project RM=2 Zone Standards
Site'Atea :9.28 acres 404;237 s uare'feet N!A
Minimum Lot Width** 45-62'feet 70 feet
Number of Dweilln Units 1:14 dwelli~ units 134?units max.::
Avers a Land'Area er Unit :`3;546 s uare feet 3,000's.f. erunifmin.
Lot Covers a 28% 40% max.
Average Recreation/Leisure
Area' er Dwellin' Unit 1,375.5 s.f.!per unit
156;816 s uare feet total ; 1,000 s.f. per unit min. >
114,000 s.f. total
Pac
Direction Proposed Structural Code=Required Structural ` Adjacent Zoning .
? Setbacks Setbacks
North.. (adjacent to r 10 to 21 feet'* 15 feet RM-4
a artments
East adjacent to Magnolia) ` 20 to 29 feet 20'feet, full landsca ed ? N/A
South (adjacent to ;10 to 20 feet' 15:feet , T Zone
church/ dvate school
West((adjacent to single- 25 feet** 35 feet, 10 feet fully RS-2
family;homes) landsca ed
~P.roje~t. , ~'zontng , ~ ~tdo: o€ Units Site Area Net Density
acres ec Acre'
Proposed Project RM-2 r 114 9.8 ':12.3
The Olson Company
.3302: West BaILRoad RM-2 21 2.50 8.4
Rlo Vista '
226-230: North Rlo Vista RM-2 26 2.90 9.0
Brandywine Development !
820 S. Ma nolia Avenue RM 2 12 1.3 9.2
Knott/Ball
832 South Knott Ave. RM-2 18 2.1 8.6
Peppertree Walk
1925 WsLincoln Ave. RM-2 68 5.67 11.9
Linhaven
2144 Wi Lincoln Ave. RM-2 60 6.3 9.5
Cypress Infill
NEC ress St.& Olive St. RM-2 41 3.0 13.6
StonyBrook
736 South Beach Boulevard
and 2986 West Stonytirook RM-2 7 .64 10.9
'Drive
LincolNBrookhurst
112-218 S Brookhurst St , RM-2 57 6.25 9.1
2:54E
3X ? 8 1',934 3 B
2.5 f
4 b 14 1',576 2 B
7 B.
5 10 1,850 ?3 B
2:5 E
` . Bed~oom'count includes'a "loft".
denstty or izs dwemng units per acre: i he proposed developmenCproposai would oe
compatible with the existing residential developments to the west (single-family`~esidence
zoned:RS-2) and'the apartment complex (RM-4)'north of the property. The project is also
consistent with the Low-Medium Density Residential land use designation for the site.
P.
-' Deuelopritent ~- ,; Code;Requiremenf ; -., - - ; ;Deviation Proposed'
~Standard~`- ,,
~..
„~ . .
Minimum site area: x3,000 s.f.` er unit min 3,546 s uare feet
Minimum lot width 70' feet 45-62 feet
Minimum floor area 2 bedrooms - 950 sf. 2 bedrooms -1,124 s.f.
3 bedrooms -1,150 s.f. 3 bedrooms-1,465 s.f.
4 bedrooms -1,350 s.f. "4 bedrooms - 2,001s.f.
Maximum"site covers a 40% :2g°/,
Setbacks Frontt; 20 feet ! Front 20 to 29 feet
Side:.15 feet i Side: 10 to 21 feet
Rear: 35 feet ' Rear: 25 feet
'Separation between Separation between
buildings:l5.40 feet for buildingsr 10-25 feet for
detached detached
Minimum recreation area 11000 s.f. per unit min. 1,375.5s.f. per unit
cYY""Quit va ici o~. o~ ~u: oFrcun
3. i Thal
4. ` Thal
5. ? Thal
suti
orth
6. That
REf
(26;
sent
t to the
ommission'
2004
'Pag
ATTACHMENT - .ITEM N0. 8
SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FpO~R PA/RKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: I O ~ D tp , ~ 9 Q ~ Q (,~ D
~ A separate statement is required for each Code waiver)
PERTAINING TO: / /ax,'.,,,.,., ~,,: /,).~,,,, L ~n // _ ~l
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe
granted by the Zoning Admhusttator or Planning Commission, the following shall be shown:
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; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
in order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? _ Yes ~ No.
If your answer is "Yes," descnbe the special circumstances:
2. Are the special circumstances that apply~to.the property different from other properties in the vicinity which aze in the
same zone as your property? Yes No
L`your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes _No
If your answer if "yes," describe the special circumstances:
AaSPw-wT ~P~~~r T~ ~ti1b~ l.,~~W 1'vAS S~uv. ~A~2., C~.A~ad"~lS;
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes ~CNo
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, .and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which ' therwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted.
Signah re of Property Owner or Authorized Aeent Date
CONDITIONAL USE PERMIT/VAR[ANCE NO.
DECEMD[R 12, 2000
[DRAFT]
RESOLUTION NO. PC2004--*
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04898 BE GRANTED
(425 NORTH MAGNOLIA 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:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, DESCRIBED AS FOLLOWS:
PARCEL 1: THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO
LOS COYOTES, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 41, PAGE
11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY. EXCEPT THE NORTH 666.00 FEET. ALSO EXCEPT THE WESTERLY 60.00 FEET
OF THE EASTERLY 270.00 FEET OF THE SOUTHERLY 22.00 FEET OF SAID EAST HALF.
PARCEL 2: AN EASEMENT FOR INGRESS, EGRESS, PARKING AND RELATED
PURPOSES FOR THE INSTALLATION, CONSTRUCTION, USE, MAINTENANCE AND
REPAIR OF ONE OR MORE PARKING STALLS, CARPORTS AND RELATED
IMPROVEMENTS, RECORDED JUNE 30, 2000 AS INSTRUMENT NO. 20000344635,
OFFICIAL RECORDS, OVER THAT PORTION OF SOUTH 662.00 FEET OF THE EAST HALF
OF THE NORTHEAST '/, OF THE SOUTHEAST Ya SECTION 12, TOWNSHIP 4 SOUTH,
RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
SAID SOUTH 662.00 FEET; THENCE SOUTH 89° 41' 34" WEST 210 FEET; THENCE
NORTH 00° 13' 47" WEST 4.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 00° 13' 47" WEST 17.70 FEET; THENCE SOUTH 89° 41' 34" WEST 60.00
FEET; THENCE 00° 13' 47" EAST 22:00 FEET; THENCE NORTH 89° 41' 34" EAST
50.67 FEET; THENCE NORTH 00° 13' 47" WEST 4.30 FEET; THENCE NORTH 89° 41'
34" EAST 9.33 FEET TO THE TRUE POINT OF BEGINNING.
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
18.66.040.030, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.06.160 to construct a 114-unit attached and detached residential
condominium subdivision under the authority of with waiver of the following:
SECTION NO. 18.06.090.060 Maximum building wall length. (20 feet maximum
wall length permitted; 24 to 39 feet proposed).
2. The intent of the Code is to ensure articulation along building elevations for large multiple
family dwellings. Because the single family units are detached, and the building walls exceeding the
maximum twenty (20) foot wall length face the interior property lines of the properties (except fpr eight corner
properties) the intent of the Code is fulfilled.
Cr\PC2004-0 -1- PC2004-
3. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity in that staff surveyed nearby properties and
identified another condominium project located opposite the church to the south of the project with the,.--
characteristics requested by this waiver.
4. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as staff believes the proposed project is
compatible with existing and surrounding land uses and that the minor deviations from the'Code as provided
in Section 18:06.160 would achieve a good project designed to enhance the privacy and livability for
residents within and around the project, and create a project that is compatible and consistent with
surrounding land uses. The proposed use would not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed and because the size and shape of the site for the
proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to
the particular area.
5. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety.
6. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the proposed project would
contain less dwelling units than presently exists on the property.
7. That the granting of the conditional use permit under the conditions imposed., if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
8. That ~" 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 the Anaheim City Planning
Commission has reviewed the proposal to construct a 114-unit attached and detached residential
condominium subdivision with waiver of maximum building wall length; and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency
and that it has considered the Negative Declaration together with any comments received during the public
review process and further finding on the basis of the initial 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:
1. That prior to issuance of building permits associated with this project (except for model homes),
ZCA2004-00034, pertaining parking standards for attached single-family dwellings shall be approved
and in effect.
2. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
installed and maintained as shown on submitted plans.
3. That the six (6) on street parking spaces at the entry of the site shall be removed from plan submitted
for building permits.
4. That final landscape and fencing plans for the subject property shall be submitted to the Planning
Services Division for review and approval. Said plans shall show minimum 24-inch box size evergreen
trees, trees along the west property line (two (2) trees per property), and the extension of the entryway
decorative pavement treatment to the intersection of the first private street. The landscape plan shall
reflect a meandering private pedestrian accessway as reflected on Exhibit 1. Any decision made by
-2- PC2004-
the Planning Services Division regarding said plan maybe appealed to the Planning Commission
andlor City Council. All trees shall be properly and professionally maintained by the homeowners
association to ensure mature, healthy growth.
5. That final building elevation plans., a colors and materials board., and street presentation plans,
showing building articulation and architectural embellishments for all elevations, shall be submitted to
the Planning Services Division for review and approval. Any decision made by the Planning Services
Division regarding said plan may be appealed to the Planning Commission and/or City Council...
6. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded from
view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
7. 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. Said information shall be
specifically shown on the plans submitted for building permits,
8. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence.
9. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit and
shall be shown on the plans submitted for building permits.
10. That this Conditional Use Permit is granted subject to approval and recordation of Tentative Tract Map
No. 16640, now pending.
11. That the property owner shall submit a letter requesting termination of Conditional Use Permit No.
3471 (to permit a conversion from apartments to condominiums with code waivers) to the Zoning
Division.
12. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
13. That the property owner/developer shall install street lights on Lincoln Avenue as required by the
Electrical Engineering Division. A bond for the installation of the street lights shall be posted with the
City of Anaheim prior to issuance of building permits. The street lights shall be installed prior to
occupancy of the first unit.
14. 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.
15. That any required relocation of City electrical facilities shall be at the developer's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
16. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
17. That gates shall not be installed across any driveway or private street in a manner which may.
adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic
and Transportation Manager. Said information shall be specifically shown on plans submitted for
building permits.
18. 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 and 470
-3- PC2004-
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
19. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Trash truck turn-around shall be provided through each construction phase of the project. Said
tum-around area shall be specifically shown on plans submitted for building permits. "
20. 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.
21. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division for review and approval.
22. That a comprehensive trash management program shall be submitted to the Public Works Department,
Streets and Sanitation Division. Said program shall include information on the following: a detailed,
scaled site plan showing the storage and collection areas for automated trash barrels for each unit, the
location of any trash enclosure with enclosure details drawings, and truck access.
23. That prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained
under California's General Permit for Stormwater Discharges Associated with Construction Activity by
providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number.
The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of
the current SWPPP shall be kept at the project site and be available for City review on request.
24. That prior to grading plan approval, the developer must submit a geotechnical report that meets the
requirements fora "Screening Investigation for Liquefaction Potential" as identified in DMG special
publication 117 "Guidelines for Evaluating and Mitigating Seismic Hazards in Califomia". Please note that
if the findings of the screening investigation cannot demonstrate the absence of liquefaction hazards, then
the comprehensive quantitative evaluation must be conducted to develop mitigation recommendations to
effectively reduce the hazard to an acceptable level.
25. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered
professional Civil Engineer in the State of Califomia. The Study shall be based upon and reference the
latest edition of the Orange County Hydrology Manual the applicable City of Anaheim Master Plan of
Drainage for the project area. All drainage sub-area boundaries per the Master Ptan for Drainage shall be
maintained. The Study shall include: an analysis of 10-, 25-and 100-year storm frequencies; an analysis of
all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition;
and address whether off-site and/ or on-site drainage improvements (such as detention! retention basins or
surface runoff reduction) will be required to prevent downstream properties from becoming flooded.
26. That the developer shall submit landscape and irrigation plans for the public parkway along Magnolia
Avenue. The plans shall be included in the street improvement plans and must be approved by the
Planning and Public Works Departments prior to issuance of a building permit.
27. That the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone A shall
be paid. The mitigation fee is currently $206/unit for single family and multi-family developments.
28. 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.
-4- PC2004-
• Describes the Tong-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
o Describes the mechanism for funding the long-term operation and maintenance of the Treatment--
Control BMPs.
29. That prior to issuance of certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been coristructed 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.
30. That the existing buildings on the proposed site shall be demolished. The legal property owner shall obtain
a demolition permit from the Building Division.
31. That the developer shall submit street improvement plans to the Public Works Department, Development
Services Division and a bond shall be posted to guarantee that Magnolia Avenue is improved per Public
Works Standard Detail 160-A. The improvements shall be constructed prior to cert~cate of occupancy.
32. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. 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 areas in a manner fully screened from all public streets and alleys. Said information shall be
shown on plans and approved by Water Engineering and Cross Connection Control Inspector before
submittal for building permits.
33. That since this project has a common landscaping area exceeding 2,500 square feet, a separate
irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of
the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits.
34. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department.
35. 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 no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line.
36. That prior to submitting water improvement plans, the developer shall submit a water system master
plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review
and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system
to meet the project's water demands and fire protection requirements.
37. That water improvement plans shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount approved by the City Engineer and City Attorney, and shall be posted
with the City of Anaheim.
38. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the
project. This information will be used to determine the adequacy of the existing water system to
provide the estimated water demands. Any off-site water system improvements required to serve the
-5- PC2004-
project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and
Regulations.
39. That two separate connections to the public water main shall be required and that a minimum., _ .
clearance of five (5) feet from the water main to the curb and gutter and a minimum clearance of 10
(10) feet from the water main to the sewer line shall be maintained.
40. That an address monument and/or complex map should be positioned to be readable from the main
vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated
during hours of darkness. Said information shall be specifically shown on plans submitted for building
permits.
41. That wrought iron gates or other alternative shall be installed within exterior corridors to adequately
secure private space. These gates should be equipped with adouble-cylinder deadbolt lock, as
allowed by the Fire Code. Said information shall be specifically shown on plans submitted for building
permits.
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 17, 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, 2, 3, 4, 5, 6, 7, 9, 10, 11, 13, 14, 15, 17, 18, 19, 20,
21, 22, 26, 27, 28, 30, 31, 32, 33, 35, 40 and 41,above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in accordance with Section 16.03.090 of
the Anaheim Municipal Code.
44. That prior to final building and zoning inspections, Condition Nos. 29 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.
BE IT FURTHER 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.
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, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
-6= PC2004-
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:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-7- PC2004-
City of Anaheim
P~ANN~NG DEPAYtTME1V'~'
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October 1, 2004
-ayi"
Commons Apartments LLC
425 North Magnolia Avenue
Anaheim, CA 92801
Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting
of October 4, 2004.
8a. CEQA Negative Declaration
8b. Waiver Of Code Requirement
8c. Conditional Use Permit No. 2004-04898
8d. Tentative Tract Mao No 16640
Owners: Commons Apartments LLC, 425 North Magnolia Avenue, Anaheim, CA
92801
Brandywine Magnolia Lane, Cottages Group, LLC, Attn: Bret Whitehead,
1981 East Edinger Avenue, Suite 125, Santa Ana, CA 92705
Agent: Brandywine Magnolia Lane, Cottages Group, LLC, Attn: Bret
Whitehead, 1981 East Edinger Avenue, Suite 125, Santa Ana, CA 92705
Location: 425 North Magnolia Avenue. Property is approximately 9.2 acres,
having a frontage of 662 on the west side of Magnolia Avenue, located 662 feet south
of the centerline of Crescent Avenue.
Conditional Use Permit No. 2004-04898 -Request to construct a 114-unit attached
and detached residential condominium subdivision with waiver of maximum building
wall length.
Terttative Tract Map No. 16640 - To establish a 76-unit attached condominium and 38-unit
detached single-family subdivision.
ACTION:
Approve Tentative Tract Map No. 16640, to establish a 76-unit attached condominium and
38-unit detached single-family subdivision.
1. That prior to issuance of the firstbuilding permit, excluding model homes, the final map
shall be submitted to and approved by the City of Anaheim and the Orange County
Surveyor and then shall be recorded in the Office of the Orange County Recorder
(Subdivision Map Act, Section 66499.40).
2. That prior to approval of the final map, a maintenance covenant, shall be submitted to
the Subdivision Section and approved by the City Attorneys office. The covenant shall
include provisions for maintenance of private facilities, including compliance with
approved Water Quality Management Plan, landscaping and a maintenance exhibit.
The covenant shall be recorded concurrently with the final map.
200 South Anaheim Boulevard
P.0. Boz 3222
Anaheim, California 92803
www.anaheim.nei TEL (714) 765-5739
3. That the legal property owner shall execute a Subdivision Agreement, in a form
approved by the City Attorney, to complete the required public improvements of the
legal property owner's expense. Said agreement shall be submitted to the Public Works
Department, Subdivision Section approved by the City Attorney and City Engineer and
then recorded concurrently with the final map.
4. That all condominium units shall be assigned street addresses by the Building Division.
Street names for any new public or private street (if requested by the developer or
required by the City) shall be submitted to and approved by the Building Division.
5. That the property owner/developer shall provide the City of Anaheim with a public
utilities easement to be determined as electrical design is completed.
6. That the streets, sanitary sewers, and storm drains within the development shall be
privately maintained.
7. That vehicular access rights to Magnolia Avenue, except at street intersections, shall
be released and relinquished to the City of Anaheim.
8. That the legal property owner shall irrevocably offer to dedicate to the City of
Anaheim, Water Engineering Division) an easement twenty (20) feet in width for
water service mains and/or an easement for large meters and other public water
facilities.
9. That prior to approval of the final map, Condition Nos. 2, 3, 4, 5, 7 and 8 above-
mentioned shall be complied with.
10. 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.
This decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is filed with the City Clerk within ten (10) days from the date of this letter or
unless members of the City Council request review of this decision within said 10 days.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim City Planning Commission
Cc: Cottages Group, LLC, Bret Whitehead, 1981 E. Edinger Ave., Ste 125, Santa Ana,
CA 92705
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Conditional Use Permit No. 3855 Subject Property
TRACKING NO. CUP2004-04899 Date: October 4, 2004
Scale: 1" = 200'
Requested By: PTSHP JAS Q.S. No. 108
REQUEST TO AMEND OR DELETE CONDITIONS OF APPROVAL AND EXHIBITS TO PERMIT
INDOOR RECREATIONAL AND ASSOCIATED SPORTS USES, INDUSTRIALLY-RELATED OFFICE
AND RETAIL USES AND THE RETAIL SALES OF TI LE AND FLOORING WITH WAIVER OF
MINIMUM NUMBER OF PARKING SPACES.
1:985 South Santa Cruz Street 1s19
ITEM N0. 9
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No. 1 (site plan), and Revision No. 1 of ExhibifNos. 4 through 7 (illustra
building elevations showing wall signs); including (a) that'the parapets's
the building elevations shall be constructed substantiallyias specified, a
that final elevation plans shall be submitted to the Zoning Division for re
DISCUSSION
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Page 3
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[DRAFT]
RESOLUTION NO. PC2004--**
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NOS. PC99-161, 96R-150 AND 97R-159 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3855
{1985 SOUTH SANTA CRUZ STREET)
WHEREAS, on September 13, 1999, Resolution No. PC99-161 was adopted by the
Anaheim Planning Commission to amend Resolution Nos. 96R-150 and 97R-159 which was adopted in
connection with Conditional Use Permit No. 3855 to permit two industrially-related sales and office uses
(including the existing business: wireless communications device sales including, but not limited to, cellular
telephones, beepers, 2-way radios and fax machines, with service and sales of related accessories and
parts, and automotive installation) in an existing 35,000 square foot industrial building and waiver of
minimum number of parking spaces on property located at 1985 South Santa Cruz Street; and that said
resolutions include the following conditions:
"11. That the proposed second industrially-related sales and office use shall be limited to the
following listed uses and that an unsubordinated covenant, reviewed and approved by the
City Attorney's Office so-limiting said uses, shall be recorded in the Office of the Orange
County Recorder, a copy of which shall be submitted to the Zoning Division:
1. Accounting -Bookkeeping, CPA Firms or temporary CPA Firms
2. Advertising
3. Appraisers
4. Brokers -Real Estate, Business Opportunities, Eta
5. Business System Companies
6. Communication Consultants
7. Computer Analysis Firms
8. Credit Reporting Agencies
9. Designers -Industrial, Interior, Graphic
10. Development Companies
11. Facility Maintenance and Planning
12. Insurance Companies/Agencies
13. Inventory Services
14. Leasing Companies
15. Management Consultants/Companies
16. Marketing Research
17. Personnel Agencies
18. Quality Control Analysis
19. Sales Offices (which serve the industrial area)
20. Secretarial and Business Services
21. Any use permitted under Zoning Code Section 18.61.020 "Permitted Primary Uses
and structures "and subject to all conditions of said Section.
Each individual use shall require the written approval of the Zoning Division prior to
occupancy which approval shall only be given when it is demonstrated that such use is either
an expressly permitted use in such zone or meets the criteria of Section (a) 18.61.050.605
(b)18.61.050.145 "Conditional Uses and Structures" pf the Anaheim Municipal Code.
4. 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 Revision No. 1 of Exhibit No. 1 (site plan), and
Revision No. 1 of Exhibit Nos. 4 through 7 (illustrative building elevations showing wall signs);
including (a) that the parapets shown on the building elevations shall be constructed
substantially as specified, and (b) that final elevation plans shall be submitted to the Zoning
CR\PC2004-0 -1- PC2004-
Division for review and approval by the Planning Commission (City Council) as specified by
Condition No. 10 of Resolution No. 97R-159"
WHEREAS, the petitioner has requested to amend or delete conditions of approval and
exhibits to permit indoor recreational and associated sport uses, industrially-related office uses and retail,
and the retail sales of the and flooring with waiver of the following:
SECTION 18.42.040.010 Minimum number of oarkino spaces
154 required, 113 existing and proposed and
recommended by the City Traffic and Transportation
Manager).
WHEREAS, this property is currently developed with an industrial building, the underlying
zoning is I (Industrial); the Anaheim General Plan designates this property for Office-High land uses; and is
situated in the City of Anaheim, County of Orange, State of California, described as:
PARCEL C, AS SHOWN ON A MAP FILED IN BOOK 150, PAGES 5 AND 6 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
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 amendment and to investigate and make findings
and recommendations in connection therewith; and
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 waiver will not, under the conditions imposed and based on the conclusions
contained in the parking study submitted by the petitioner, cause fewer off-street parking spaces to be
available proposed uses provided the businesses adhere to the assumptions contained in the parking study.
2. That the waiver will not, under the conditions imposed, increase the demand and competition
for parking spaces on the public streets and adjacent private properties in the immediate vicinity of the
proposed use because the project parking lot has adequate parking to accommodate the peak parking
demands of the proposed uses; that the parking lot would be physically separated from adjacent properties;
and, further, there is no reason to encroach into other parking facilities because the parking lot will provide
ample parking as indicated in the parking study.
3. That the waiver, under the conditions imposed, would not increase traffic congestion within
the off-street parking areas or lots provided for such use.
4. That the parking waiver will not, under the conditions imposed, impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use
because the project site is physically separated from adjacent private properties.
5. That the proposed uses are properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.10.030.040:0402,
6. That the expansion of uses and interior building modifications would not adversely affect the
adjoining land uses and the growth and development of the area in which it is located.
7. That the size and shape of the site for the use is adequate to allow fuii operation of the
proposed uses in a manner not detrimental to the area nor to the health and safety.
-2- PC2004-
8. That the traffic generated by the uses would not impose an undue burden upon the streets
and highways designed and improved to carry traffic in the area since there is adequate on-site circulation
for the proposed uses at this location. < - -
9. 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.
10. That *" 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 the Anaheim City Planning
Commission has reviewed the proposal to amend or delete conditions of approval and exhibits to permit
indoor recreational and associated sports uses, industrially-related office and retail uses and the retail sales
of the and flooring with waiver of minimum number of parking spaces and does hereby find that the Negative
Declaration previously approved in connection with Conditional Use Permit No. 3855 is adequate to serve as
the required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the Negative Declaration
together with any comments received during the public review process and further finding on the basis of the
initial 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 amend, in its entirety, the conditions contained in Resolution Nos. PC99-161, 96R-150 and 97R-159
to read as follows:
1. That the landscape planters shall be permanently maintained with live and healthy plant materials
2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged,
diseased and/or dead.
3. That the on-site landscaping and .irrigation system shall be maintained in compliance with City standards.
4. That any proposed roof-mounted equipment shall be completely screened from view in all directions by
properly designed and maintained design elements of the building. Said information shall be specifically
shown on plans submitted for building permits.
5. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and
make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting
shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the
windows of nearby residences.
6. That there shall be no public telephones on the premises located outside the building.
7. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas, by illustration, text or any other means of visual communication.
8. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence.
9. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color
to the roof material, provided the numbers shall not be visible from the street or adjacent properties. Said
information shall be specifically shown on plans submitted for building permits.
10. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
11. That the installation/service of mobile units shall take place entirely within the building.
-3- PC2004-
12. That the proposed reader board .sign is approved for as long as the cellular phone business occupies this
site. The sign shall be removed if the cellular phone business ceases to operate.
__ ._.
13. That no banners or other temporary advertising devices (such as flags, ballpons, etc.) shall be permitted at
this property.
14. That sign plans for new tenants shall be submitted to the Planning Services Division for review and
approval. Any decision by staff may appealed to the .Planning Commission as a reports and
Recommendation item.
15. That the proposed industrially-related sales and office uses shall be limited to the following listed uses and
that an unsubordinated covenant, reviewed and approved by the City Attorney's Office so-limiting said uses,
shall be recorded in the Office of the Orange County Recorder, a copy of which shall be submitted to the
Zoning Division:
1. Accounting -Bookkeeping, CPA Firms or temporary CPA Firms
2. Advertising
3. Appraisers
4. Brokers -Real Estate, Business Opportunities, Etc.
5. Business System Companies
6. Communication Consultants
7. Computer Analysis Firms
8. Credit Reporting Agencies
9. Designers -Industrial, Interior, Graphic
10. Development Companies
11. Facility Maintenance and Planning
12. Indoor Recreation and Associated Sports Uses
13. Industrially Related Retail
14. Insurance Companies/Agencies
15. Inventory Services
16. Leasing Companies
17. Management Consultants/Companies
18. Marketing Research
19. Personnel Agencies
20. Quality Control Analysis
21. Retail Sales of Tile and Flooring
22. Sales Offices (which serve the industrial area)
23. Secretarial and Business Services
24. Any use permitted under Zoning Code Section 18.10.030 "Permitted Primary Uses
and structures;' and subject to all conditions of said Section.
Each individual use shall require the approval of the Planning Services Division and the City
Traffic and Transportation Manager prior to occupancy which approval shall only be given
when it is demonstrated that such use is either one of the uses listed above, or is determined
by staff to be similar in type and intensity to said uses. The Traffic and Transportation
Manager may, at his sole discretion, require an updated parking study once a specific
tenant(s) is known. Any decision made by staff may be appealed to the Planning
Commission as a'Reports and Recommendations' item.
16. That the 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
Revision No. 1 of Exhibit Nos. 1 and 2, and Exhibit Nos, 3, 4, 5, 6 and 7, as conditioned herein.
17. That Condition No. 9, above-mentioned, shall be completed within a period of sixty (60) days from the date
of this resolution.
18. 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
-4- PC2004-
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.
...
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final invoice
or prior to the issuance of building permits for this project, whichever occurs first. Failure tp pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
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 procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS W HEREOF, I have hereunto set my hand this day of
2004.
SEtJIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2004-
ATTACHNNLENT -ITEM N0. 9
RESOLUTION NO. PC99-161
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NOS. 96R-150 AND 97R-159,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3855
WHEREAS, an August 19, 1997, ResoWtlon No. 159 was adopted by the Anaheim City
Council to amend Resolution No. 98R-15D, which was adopted in connection with Conditional Usa Permit
No. 3855 to permit two industrtalty-related sales and office uses (including the existing business: wireless
communications device sales including, but not limited to, cellular telephones, beepers, 2-way radios and fax
machines, with service and sales of related accessories and parts, and automotive installation) in an existing
35,000 sq.fL industrial building and waiver of minimum number of pan'dng spaces on property bated at
1985 South Santa Crut Street: and that said resolution InGudes the tolbwing conditions:
3. That a temporary sidewalk shall be constructed within the public right-of-way adjacent to the
future Anaheim Way. The design of the skewalk shall meat all ADA requiremenb and shall be
subject tareview and approval by the Public Wodta Department, Development Servk:es Division.
4. That subject property shall be developed eubsrantialty in accordance with plans and
specifications submitled to the City of Anatroim by the petitloner and which plena ere on file with
the Planning Department marked Revision No. 2 of Exhibit No. 1 (site plan), and Revision No. 1
of Exhibit Nos. 4 through 7 {illustraWe building elevatons showing wall signs); including that the
parapets shown on the building elevations shall be constructed substantially as specified.
5. That the first three (3) mature trees adjacent to each of the building comers along the western
building elevatlon shall be preserved and, if nacesaary, the wall signs on Bald elevatlon shall be
modified so that said signs fit between the trees. Thin landscaping shall ~ preserved until
CelTrens' improvement plans are completed. At the Uma the CaRrans plans are competed, a
detailed landscape plan shall be submitted to the Zoning Dhdabn o4 the Planning Deparbment far
review and approval by the Planning Commission as a °Rports and Remmmandatlona° kern.
7. That prior to commencement of the activity authorized by this resolution or within a perbd of one
(1) year from the date of this resolutlon, whichever occurs first, Condition Nos. 2, 3, 4, 5 and 8,
above-mentioned, shall be complied with, Extensions Por 4urther Ume to complete said
conditions may be grentad in accordance with Section 18.03.090 of the Anaheim Munklpal
Code.
WHEREAS, this property is developed with a 35,000 sq.ft industrial building (Global
Cellular) in the ML (Limited lndusMaq cone; and
WHEREAS, the petitloner requests amendment to this conditional use permit under the
authority of Code Section 18.03.092 to amend or delete certain conditions of approval pertaining to
constructlan of temporary sidewalks and to installation oP landscaping along Anaheim Way; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civk Center In
the City of Anaheim on September 13, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required bylaw and in accordance with the provisions of the Anaheim Munidpal Code, Chapter
18.03, to hear and consider evidence for and against said proposed eonditlonal use permit and to invastlgate
and make findings and recommendations in connection therewith.
WHEREAS, said Commission, after due inspection, investlgation 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:
CR3741 PKDOC -1- PC99-181
1. That the existing use is propedy one for which a conditional use permit is authorized by
Anaheim Municipal Code.
2. That the reason for this request is that an existng CaRrans temporary construction
easement is located adjacent io Anaheim Way in the area where the temporary sidewalk and landscaping
are required to be installed; that this easement is due to expire on or July 1, 2002, or upon completion of all
necessary work related to the expansion of the I-5 (Santa Ana) Freeway and the surrounding sVeets; and,
therefore, due to this construction easement, the petitloner is unable to comply with Condition Nos. 3, 4 and
5, above-mentioned, until the CafTrans temporary construction easement is abandoned.
3. That thts request is to :modify or waive the timing to construct the required Improvements
until completion of the I-5 Freeway improvements and abandonment of the CaiTrens temporary construction
easement; and that modifigtion of these conditions would albw the petitioner th lease the remaining portion
01 the building to a prospective tenant (Kinko's reproduction services) In compliance with the terms and
conditions of Conditional Use Permit No. 3855 as proposed to be amended.
4. That the proposed modification is reasonably necessary to protect the public health, safety
or general welfare, or necessary tc permit reasonable operetion under the conditional use permit as originally
granted.
5. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CA(,(~ORNIA ENVIRONMENTAL nUAt..rTV art cwnwr.• That the Anaheim City Planning
Commission has reviewed the proposal to amend or delete certain eonditlone of approval pertaining to
temporery sidewalks and landscaping for two industrially-related sales and office uses in an existing
industrial building on airregularly-shaped, 2.4-acre property bated on the north side of Stanford Court
between Anaheim Way and Santa Cruz Street, with frontages of 171 feat on the north side o4 Stanford Court,
575 feet on the east side oP Anaheim Way and 411 feet on the west side o4 Sente Cruz Street, end further
described as 1985 South Santa Cruz Sheet (Global Cellular); and does hereby deternine that the Negative
Declaration previously approved in connection with Conditional Use Parma No. 3865 is adequate to serve as
the required documenta9onin connection with this request ulmn finding that the declaration reflects the
Independent judgment of the lead agency and that It has considered the Negative Declaration together with
any comments received during the public review process and further finding on the basis of the initlal study
and any comments received that there Is no substantial evidence that the proposal will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commisson does
hereby amend Resolution Nos. 96R-150 and 97R-159, adopted in connection with Conditional Use Permit
No. 3855, to amend Condition Nos. 3, 4, 5 and 7, as follows:
3. That a permanent ten (10) foot wide parkway end planter area shall be installed within the public
fight-of-way adjacent to Anaheim Way upon abandonment of the CafTrane temporary
construction easement or sooner if permitted by CafTrans. The property owner shall submit the
design of the parkvray and sidewalk to the Pubib Works Department, .Development Services
Division, for review and approval. Said sidewalk and parkway shall be installed within ninety
(90) days after abandonment of the CaRrana temporary constructor easement or such other
timing as approved by the City Engineer.
4. That subject property shall ba developed substantially in accorlanca with plans and
spermcations submitted to the City of Anaheim by the petitloner and which plans are on file with
the Planning Department marked Revision No. 2 of Exhibit No. 1 (site plan), and Revision No. 1
of Exhibit Nos. 4 through 7 (illustrative building elavatons showing waif signs); including (a) that
the parapets shown on the building elevations shell be constructed substantially as spacifi®d,
and (b) that final elevation plans shall be submitted to the Zoning Division for review and
approval by the Planning Commission (City CounGq as specified by Condition No. 10 of
CR3741 PK.DOC -2- PC99-161
approval by the Planning Commission {City Counciq as specified by Condition No. 10 of
Resolution No. 97R-159,
5. That within a period of two (2) months from the date of this rosolution, a detailed landscape plan
shall be submitted to the Zoning Division of the Planning Department for review and approval by
the Planning Commission as a "Reports and Recommendations" item. This landscape plan
shall include a minimum of twenty seven (27) trees, with at least three (3), foray eight (48) inch
box sized, trees to be planted adjacent to each o4 the building comers along the west building
elevation for a total of not less than six (8) trNe. Tha remaining twenty one (21) trees shall be
minimum twenty Pour (24) Inch box sized and shall be planted adjacent to Maheim Way. If
necessary, the wall signs on the west building elevation shall be rrwdifled so that said signs fit
between the six (8), forty eight (48) inch box sized, trees. Said landscaping shall be Installed
within two (2) months after abandonment of the CalTrens temporary construction easement
adjacent to Maheim Way.
7. That prior to commencement of the activity authorized by thld resolution (i.e., activities
concerning the second tenant of this building) or within a period of one (1) year from the data of
this resalrrtion, whichever occure flret, Condition No. 2, above-mentioned, shall be compiled with..
Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Mahalm Municipal Code.
13E IT FURTHER RESOLVED that the Anahalm City Planning Commission does hereby find
and determine that adoption of this Resolution la expressly predicated upon appilcanPa cornpitance with each
and all of the conditions heroinabove set forth. Should any such condition, or any part therooP, be declared
invalid or unenforceable by the final Judgment of any court of cxDm~tent jurisdiction, then this Resolution,
and any approvals herein contained, shall ha deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 13, 1999.
(Original signed by Ph~llie R, Bpydetunl
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
tOriginal signed by Margarita 3elart®!
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary oP the Mahelm City Planning Commission, do hereby certify
that the foregoing rosolutbn was passed and adopted at a meeting of the Maheim City Planning
Commission held on September 13, 1999, by the following vote of the members thereof
AYES; COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL, ONE VACANT SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1999.
(Original atgned by Margarita Saleriat
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CR3741 PK.DOC -3- PC99.181
ATTACHMENT - ITEM N0. 9
RESOLUTION NO. 97R-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO. 3855 AND AMENDING RESOLUTION N0.
96R-150.
WHEREAS, the City Council of the City of Anaheim
Heretofore adopted Resolution No. 96R-150 approving Conditional Uae
Permit No. 3855, in part, subject to certain conditions specified
therein; and
WHEREAS, the permittee has now requested an amendment to
said Conditional Use Permit and said conditions of approval; and
WHEREAS, the City Council held a duly noticed public
hearing concluding on August 19, 1997, at which hearing the City
Council did receive and consider evidence, both oral and
documentary, relating to said request; and
WHEREAS, the City Council hereby finds and determines
that the amendment of said Conditional Use Permit No. 3855 and the
conditions of approval in the manner hereinafter set forth is
reasonably necessary to protect the public peace, health, safety or
general welfare, or necessary to permit reasonable operation under
said Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the use of the property as authorized by
Conditional Use Permit No. 3855 bc, and the same is hereby amended
to permit two industrially-related sales and office uses (which
includes the existing business: wireless communications device
salsa including, but not limited to, cellular telephones, beepers,
2-way radios and fax machines, with service and sales of related
accessories and parts, and automotive installation) in the existing
35,000 aq.ft. industrial building, with a waiver of the following
provisions of the Anaheim Municipal Code: -
Sections 18.06 050 0212 - Mi[iimum number of narking snac s.
1.8.06.850.~,~ (131 soaces required;
18.06.050.0321 87 soace~ existing and recommended
sand 7,,8.61.066.050 by the City Traffic and Transportation
18.06.080 Manager)
BE IT FURTHER RESOLVED by the City Council of the City of
Anaheim that the conditions of approval heretofore imposed in
Conditional Use Permit No. 3855 as set forth in Resolution No. 96R-150
be, and the same are hereby, amended in their entirety to read as
follows:
"1. That the installation/.service of mobile units (wireless
communications devices such as cellular telephones, beepers, 2-
way radios and fax machines) shall take place wholly inside the
building.
That any proposed roof-mounted equipment shall be completely
screened from view, including the view from the rFC~ner rurtr+A
above-grade I-5/Santa Ana Freeway.
That a temporary sidewalk shall be constructed within the-public
right-of-way adjacent to the future Anaheim Way. The design of
the sidewalk shall meed all ADA requirements and shall be subject
to review and approval by the Public Works Department,
Development Services Division.
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 Revision No. 2 of Exhibit No. 1 (site
plan) and Revision No. 1 of Exhibit Nos. 4 through 7
(illustrative building elevations showing wall signs); including
that the parapets shown on the building elevations shall be
constructed substantially as specified.
That the first three (3) mature trees adjacent to each of the
building corners along the western building elevation shall be
preserved and, if necessary, the wall signs on said elevation
shall be modified so that said signs fit between the trees. This-
landscaping shall be preserved until Coltrane' improvement plans
are completed. At the time the Caltrans plane are complete, a
detailed landscape plan shall be submitted to the Zoning Division
of the Planning Department for review and approval by the
Planning Commission as a "Reports and Recommendations" item.
That the proposed reader board sign (changeable copy marquee
sign), as approved in connection with Variance No. 4302, is
permitted for as long as the cellular phone business occupies
this,site. The sign shall be removed at such time as said
specific business ceases to exist.
7. That prior to commencement of the activity authorized by this
resolution or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition.Nos. 2, 3, 4,
S and 6, 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.
e. That approval of this application constitutes approval of the
proposed request only to the extent thaC 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.
That the granting of the parking waiver is contingent upon
operation of the use in conformance with the assumptions relating
to the operation and intensity of use as contained in the parking
demand study that formed the basis Eor approval of said waiver.
Exceeding, violating, intensifying or othezwise deviating from
any of said assumptions, as contained in the parking demand study
submitted by the petitioner, shall be deemed a violation of the
- 2 -
expressed conditions imposed upon said waiver which shall subject
this conditional use permit to termination or modification
pursuant to the provisions of Sections 18.03.091 and 18.03.092._of
the Anaheim Municipal Code.
10. That final specific floor plane and elevation drawings j"including
details regarding exterior building materials, finish, and color
scheme) shall be submitted to the Zoning Division for Planning
Commission review and approval as a "Reports and Recommendations"
item.
il. That the proposed second industrially-related sales and office
use shall be limited to the following listed uses; and that an
unsubordinated covenant, reviewed and approved by the City
Attorney's Office so-limiting said uses, shall be recorded in the
Office of the Orange County Recorder; and that a copy of the
recorded covenant shall be submitted to the Zoning Division:
(1) Accounting - Bookkeeping, CPA Firms or temporary CPA Firms
(2) Advertising
(3) Appraisers
(4) Brokers - Real Estate, Business Opportunities, etc.
(5) Business System Companies
(6) Communication Consultants
t7) Computer Analysis Firma
(9) Credit Reporting Agencies
(9) Designers - Industrial, Interior, Graphic
(10) Development Companies
(11) Facility Maintenance and Planning
{12) Insurance Companies/Agencies
(13 ). Inventory Services
(l~s) Leasing Companies
(15). Management Consultants/Companies
(16) Marketing Research
(17) Office Supplies
(18) Personnel Agencies
t19) Printing or Reproduction services
(20) Quality Control Analysis
(21) Secretarial and Business Services-
(22) Telecommunications
(27) Any use permitted under Zoning Code Section 18.61..020
"Permitted Primary Uses and Structures," and subject to all
conditions of said Section
Each individual use shall require the written approval of the
Zoning Division and the City Traffic and Transportation Manager
prior to occupancy, which approval shall only be given when it is
demonstrated that such use is an expressly permitted use in such
zone, meets the criteria of Section 18.61.050.145 "Conditional
Uses and Structures" of the Anaheim Municipal Code, and complies
with said assumptions as contained in the approved parking demand
study.
13. That no banners or other temporary advertising devices (such as
flags, balloons, etc.) shall be displayed on this building or on
this property., which is locabed in the ML (Limited Industrial)
- 3 -
Zone where temporary advertising devices are not permitted.
14. That prior to commencing operation of the second tenant space,
the business owner shall obtain a valid City of Anaheim business
license from the Business License Division of the Finance
Department."
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Resolution No. 96R-150 shall remain in full force and effect.
', THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 19th day of Auqust, 1997.
ORIGINAL SIGNED BY:
TOM DALY
Mawr
MAYOR OF THE CITY OF ANAHEIM
ATTEST: ®RbGINAL SIGPIED 8Y:
LEONORA N. SOHL
Clt' Clerk
CITY CLERK OF THE CITY OF ANAHEIM
0024184.01
- 4 -
ATTACHMENT - ITEM N0. 9
RESOLUTION NO. 96R--150
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0. 3855, IN
PART.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit wireless communications device sales (including, but
not limited to, cellular telephones, beepers, 2-way radios, and
fax machines) with service and sales of related accessories and
parts, and automotive installation upon certain real property
located within the City of Anaheim, County of Orange, State of
California., legally described as:
PARCEL C, AS SHOWN ON A MAP FZLED IN BOOK
150, PAGES 5 AND 6 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC96-62 granting
Conditional Use Permit No. 3855, in part; and
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 duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a
- 1 -
conditional
use permit is authorized by the Anaheim Municipal Code, _,._
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,.
health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
~ safety and general welfare of the citizens of the City of
Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
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, HE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit, in part, be, and the same is hereby, affirmed and
that Conditional Use Permit No. 3855 be, and the same is hereby,
granted, in part, permitting wireless communications device sales
(including, but not limited to, cellular telephones, beepers, 2-
way radios, and fax machines) with service and sales of related
accessories and parts., and automotive installation on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
- 2 -
Sections 18.05.098 - Permitted type of sign.
and 18.61.067 (Marquee [changeable copy]
signs not permitted in ML
Zone; one 100 sa ft marquee
sign proposed)
subject to the following conditions:
That the installation/service of mobile units (wireless
communications devices such as cellular telephones, beepers,
2-way radios and fax machines) shall take place wholly
inside the building.
2. That any proposed roof-mounted equipment shall be completely
screened from view, including the view from the
reconstructed above-grade I-5/Santa Ana Freeway.
3. That a temporary sidewalk shall be constructed within the
public right-of-way adjacent to the future Anaheim Way. The
design of the sidewalk shall meet all ADA requirements and
shall be subject to review and approval by the Public Works
Department, Development Services Division.
That the proposed "Sign F" be installed only over that
portion of the building which will be occupied by subject
tenant.
5. 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
Pile with the Planning Department marked Exhibit Nos, i
through e; including compliance with Condition No. 4,
above.
6. That the first three (3) mature trees adjacent to each of
the building corners along the western building elevation
_ shall be preserved and the wall signs on said elevation
shall be modified to compress them so that said signs fit
between those trees.. This landscaping and signage shall be
preserved until Caltrans~ improvement plans are completed.
At the time the Caltrans plans are complete, a detailed sign
and landscape plan shall be submitted to the Zoning Division
of the Planning Department for review and approval by the
Planning Commission as a „Reports and Recommendations" item.
7. The proposed reader board sign (changeable copy marquee
sign) is approved for as long as the cellular phone business
occupies this site. The sign shall be removed at such time
as said specific business ceases to exist.
S. That prior to the commencement of the activity authori2ed by
this resolution, or within a period of one (1) year from the
- 3 -
date of this resolution, whichever occurs first, Condition
Nos. 2, 3, 4, 5 and 6, 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.
9. 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.
BE ZT FURTHER RESOLVED that the City Council 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.
conditions, 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20th day of August,
1996.
MAYOR OF T CIT OF ANAHEIM
ATTEST• `[~-~~
CITY CLERK OF THE CITY OF ANAHEIM
0020123..01
- 4 -
,'OG~gO gLF'LiO Q-`'~PO~ JQp,
y ~ q~~~ , pJ P~~O
v
. ~5 pp G
a~ / \ L? n'
T
RCL 72-73-50
(Res oFlnt to RS-HS-10,000(SC))
RCL 72-73-07
VAR 2126. _.
EL RANCHO
MIDDLE SCHOOL
T
RCL 69-70-15
T
EL RANCHO JUNIOR
HIGH SCHOOL
0
Conditional Use Permit No. 2004-04892
Requested By: FAIRMONT PLAZA PARTNERS, LLC
REQUEST TO PERMIT ACCESSORY MASSAGE SERVICES WITHIN
AN EXISTING DAY SPA.
144 South Fairmont Boulevard -Array Spa
Subject Property
Date: October 4, 2004
Scale: 1" = 200'
Q.S. No. 196
ts>>
~ ~ ~ ~ ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE
ITEM N0. 10
Staff Report to the
'Planning: Commission
October 4 2004
Item No. 10
10a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)
10b.' CONDITIONAL USE PERMIT NO 2004'-04892 (Resolution)
? SITE LOCATION AND DESCRIPTION: r
(1) This irregularly-shaped, 2.4-acre property is located at the southeast corner of Santa Ana
Canyon Road and Fairmont Boulevard, having frontages of 168 feet on the south side of
Santa Ana Canyon Road and 377 feet on the east side of Fairmont Boulevard (144'South
Fairmont Boulevard -Array Spa).
REQUEST:
(2) The petikioner requests approval of a conditional use permit under authority of Code>
Section No: 18.08.030.040.0402 to permifaccessory massage(services within an existing
day spa. '>
`BACKGROUND:
(3) This property is developed with an existing25,088 square foot commercial retail center and
is zoned C-G (SC) (General Commercial;`Scenic Corridor Overlay). The Anaheim General
Plan Land Use Element map designates this property for General Commercial land uses.
(4) Surrounding General Plan land use designations are as followsi
Direction ";,, General Plan
Designation
North (across Santa r Low Density
Ana Canycn Road) Residential
Easf Schools
South Public Institutional
West (across Falrmont General Commerclal
Boulevard)
'PREVIOUS ZONING ACTIONS:
(5) The following zoning actions pertain to this`property:
(a) Conditional Use Permit No. 2001-04377 (to permit the sales of beer and wine foron-
premises consumption in conjunction with a proposed full-service restaurant) was
approved by the Zoning Administrator on May 31;:2001.
(b) Conditional Use Permit No. 4174 (to permit beer and wine sales for ort-premises'
consumption, outdoor dining area and an expansion of an existing restaurant located
within an existing :commercial retail center) was approved by the Zoning Administrator
on December 30,:1999.
sr8799av
Page 1
PROPO
(6)
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Use
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ttnttarea
~. ~,f~ , ,r ~I~equ¢ed ~
Par`kmg Ratio
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Reg6ired
Parkin ' ;Nfaximuin; =~,
Pear"king~Demanii:
~(ya[iarce mo. 43is) ~;
100 ',Medical 2,248 6 134
106 Restaurant 3,570 8 285
116 and 124 Restaurant i 3,323 8 26:5
128 :Cleaners 1;200 5.5 6.6
132 and 136 .Restaurant 1(800 8 1415
140 .:Medical 1,425 6 8.5'i
144 qua S a 1,250 5.5 ` 6.8'
148 Children's '
`G 3,961 i 5.5 21.7
160 i Office 3,580 r 4 14:2
164 !.Escrow 1;759 4 7.0'
168 -Bank 1,491 5 7.4'
190 :Church 29,000 'CUP 2680 ` 28111
TOTAL 436'
s aces
450 s aces
Pay
FINDINGS!
? (16) I[Befoi
of fay
'(a) 7
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a
Page 5
[DRAFT]
RESOLUTION NO. PC2004--*
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04892 BE GRANTED
(144 SOUTH FAIRMONT BOULEVARD)
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:
SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE DISTRICT
COURT OF THE 17T" JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1, AS SHOWN ON A
MAP FILED IN BOOK 207, PAGES 41 AND 42 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID CORNER BEING
IN THE SOUTHEASTERLY LINE OF EASTBOUND SANTA ANA CANYON ROAD, AS
SHOWN ON SAID PARCEL MAP, SAID SOUTHEASTERLY LINE BEING A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2110.00 FEET, A RADIAL LINE TO
SAID CORNER BEARS SOUTH 39° 35' 13" EAST; THENCE ALONG THE
NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 42° 39' 42" EAST 165.44 FEET AND
SOUTH 62° 29' 42" EAST 56.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID NORTHEASTERLY LINE NORTH 42° 39' 42" WEST 217.18 FEET TO A
POINT IN THE NORTHEASTERLY EXTENSION OF SAID SOUTHEASTERLY LINE OF
EASTBOUND SANTA ANA CANYON ROAD, ALSO BEING A POINT IN THE
NORTHEASTERLY EXTENSION OF SAID CURVE, A RADIAL LINE TO SAID POINT
BEARS SOUTH 40° 06' 13" EAST; THENCE NORTHEASTERLY ALONG SAID
NORTHEASTERLY EXTENSION OF SAID CURVE AND SAID SOUTHEASTERLY.
LINE THROUGH A CENTRAL ANGLE OF 0° 37' 25" AN ARC LENGTH OF 22.97
FEET; THENCE LEAVING SAID NORTHEASTERLY EXTENSION SOUTH 40° 43' 38"
EAST 28.00 FEET; THENCE SOUTH 47° 20' 18" WEST 10.Op FEET; THENCE
SOUTH 42° 39' 42" EAST 215.00 FEET; THENCE SOUTH 47° 29' 18" WEST 2.38
FEET TO SAID NORTHEASTERLY LINE OF PARCEL 1; THENCE ALONG SAID
NORTHEASTERLY LINE NORTH 62° 29' 42" WEST 28.38 FEET TO THE TRUE
POINT OF BEGINNING.
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, tp
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.08.030.040.0402.
2. That the accessory massage services will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located.
3. That the size and shape of the site for the use is adequate to allow full development of the
use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare.
Cr1PC2004-0 -1- PC2004-
4. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
...:........
5. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations previously approved by the Planning Commission,
6. That "' indicated their presence at said public hearing in opposition; and that no
corcespondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional tJse 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:
1. That the massage therapy operation shall be permitted only as an accessory use td the beauty and
skin care spa
2. That male and female massage clients shall not be served simultaneously, and that separate massage
scheduling shall be arranged to ensure compliance with Anaheim Municipal Code Section 4.29.060
(g)•
3. That as stipulated by the petitioner, the hours of operatiorrshali be limited to Mondays; 11 a,m. to 7
p.m., Tuesday through Friday; 9:30 a.m. to 8 p.m. and Sunday; 9 a.m. to 5 p.m.
4. That employees providing massage therapy shall be required to wear uniforms and photo identification
cards during business hours.
5. That all records of treatment shall be maintained on the premises for one (1) year and shall be made
available for inspection by any authorized City official.
6. That the interior of the premises shall be equipped with lighting of sufficient power to illuminate and
make easily discernible the appearance and conduct of all persons inside the premises.
7. That all employees shall abide by Anaheim Municipal Code Section 4.29.060 pertaining to operating
requirements for a massage establishment.
8. That no alcoholic beverages shall be sold or consumed on the premises.
9 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 and 2, and as conditioned herein.
10. That prior to the commencement of the activity authorized by this resolution, or prior to final building
and zoning inspections, whichever occurs first, Condition Nos. 6 and 9, above mentioned, shall be
complied with.
11. 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.
-2- PC2004-
BE IT FURTHER 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.
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, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
IOR 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:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this dayof
____ , 2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2004-
ITEM N0. 11
RIVERSIDE FREEWAY (SR 91)
ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE.
Conditional Use Permit No. 2001-04431 ~ ~ Subject Property
Specimen Tree Removal Permit No. 2002-00001 Date: October 4, 2004
Miscellaneous No. 2004-00088 Scale: Graphic
Requested ay: WADDELL FOODS Q.S. No. 207
CUP 2001-04431 -REQUEST TO CONSTRUCT A WEDDING CHAPEL AND BANQUET FACILITY WITH
ON-PREMISES SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND ROOF-MOUNTED EQUIPMENT
WITH WAIVERS OF: (A) MAXIMUM BUILDING HEIGHT
(B) REQUIRED STREET DEDICATION AND IMPROVEMENT
(C) MINIMUM NUMBER OF PARKING SPACES
SPT NO. 2002-00001 - TO REMOVE THIRTY (30) OAK TREES.
MIS NO. 2004-00088 -AMENDMENT TO EXHIBIT NO. 7 OF THE SANTA ANA CANYON ROAD
ACCESS POINT STUDY.
No Address
0
1512
~.+/ IIIGt qIG VVIIIIIIIJ,NIi~ uy nivuuu~. wnwiuc ~
Commission meeting in'order for'staff to re;
impact report.
sr8799av