PC 77-242RESOLUTIOP7 t~0. PC77-2~+2
RESOLUT I OtJ OF THE ANAHE I H C I TY PLANt; I ~JG CO"1'1 I SS I OY
THAT PETITIOt7 FOR VA~IANCE N0. 29~iC BE GR~t;T:D
WHEREAS, thc Anaheim City Planning Coi*~mission did receive a verified
Petition for Variance from EA5TER ISLAHD, LTD., 2935 East Vine Street, "C, Orange,
California 92669, owner, and J:d'1E5 KINCAt~'IOtI, 3~3~ MacArthur Eoulcvaru, ~20E, Newport
Seach, California 926C•(1, agent, of cert:+in real property situated in the City of
Anaheim, County of Orange, S[ate of Calirornia, described as:
PARCEL i- Those nGrtions of Lot 1 ot- '~r5. 6ush's Subdivision of a
por[ion of the Bush Tract, as per map recorded in boo4: 3(, page 57.
of Miscellaneous Records in the off~~•e of the County Recorder of
Los Angeles County, California, ~f the Third Class Land allotted
to Y. Y. de Co[e~ accordinq Co a map ~ttached Co and made a part of
tlie Decree of Par[ition of th~ Rancho Canon de Santa Ana rendered
in Case Ilo. 1n]2 of the 17th Judicial District Court of
California, a ccrtified copy of 4~hich is rrcorded in t~ook 2~,, P~qc
1>~ of Deeds in thc office ef said Countv P,eeorder and nf the land
aliotted to ~Iaria Peralta de Alvarez in Decrec of Partition of the
Rancho Sa~tia9o dc Santa Ana, recorded in P.ool: B o` Jud~^ents of
said 17th Judicial District Cour[, descrihr_d as a~~ihnle as
follo~•:s:
Beyinning a[ an "X" in the navc~ent markin~ th~~ intersection of
the eenter linc of [hc Santa Ma Canyon Road as survcyed in 1n2~,
hy the Cou~ity oF Orange with the Southerly ex[r_nsion of the Eas[
line of s~id Lo[ ~ of Mrs. Bush'S SuL•division, said noint heing
3q,~n feet tJortherly from the North~•~est corner of Lot 1 of Tract
No.93~, as sho~:n on .~ map reccrded in t;oo~. 3n, pages 1 an:l 2 of
tliscellaneous Maps, records of Orange CounCy, California, thence
North Q° 12' 3~" ~~es[ along said extended linc an~l alona the
Easterly linc of said Lot i of Nrs. Bush's Subdivision and thc
Northr_riy extension thereof i?51.7L fcet, nore or less, to the
5ou[heast corner of the 1~3nd described in [he Jer_d to Orange
County ~later District, recorded August ?°, 1°!~0 in hooF: 1^;~, page
1~3 of Ofricial Records, said point bein~ 2'.5t! fr_e[ Flor[h 0° 12'
30" 'dest from thc IJortheast corner ~f sai~i Lot 1 of Mrs. Bush's
Subdivision; thence 1lorth $1° 4?' ~>" Uest 13~~.55 feet along the
Southerly linc of the land described in said deed; tnence Plorth i~l~o
~o' S5" lJes[ .'.33•25 feet along the Southerly line of the land
described in said deed to the Southwest corner of the land
Jescrihed in said Jced, said point heing 23.5~ feet I~orth 0° 15'
30" 4lest from thc Northarest corner of said Lot 1 of 11rs. Bush's
Subdivision; thencc S~~uth 0° 15' 3~" East 132?.1+1 feet alon9 the
f~ortherly extension of the blesterly line of said :ot 1 of !~rs.
Bush's Sul~division ~nd along the Westerly line and the South~rly
er.t~nsion [hereof to the center line of said Santa Ana Cany~n
Road; thencc Nor~h 37° Oi' ~f)" [ast 415.4f fect to the poin[ of
be9lnning.
Except that portion lying Plorth of [he South line of tf~e main
canal of thc Santa Ana Valley Irrigation Comp,~ny.
Also excep[ the portion conveyed to Santa Ana Valley Irrigation
Company by deed recorded July ~B, 1q34 in hook G85, oage 255 of
Officiai P,ecords.
PC77-2~;2
Also except ~t portion of said land cnnv< '. t~ the State of
California by need recorded March 2, 1~~3 in bour. 1731, paoe 517
of dfficial Records.
Also except tha[ portion of said l~nd lying Westerly of the
Easterly linc o~ Pinncy Drivc as shoti•rn on the ma~ nf Tract No.
4~5~3, as per map recorded in hook 203, pagc 4~ of MiscPllaneous
tlaps, in the office of the County P.ecorder of said Dran~e CounCy.
PA~CEI 2- That portion of the land ailot[ed ca th~ Heirs of
Dominquez in Decree of Partition of Che P,ancho San;ia,o de Santa
A~a, record;d in boo~ "~" af Judqnents of thf: 17th Judicial
Dis[rict Co.ct•C of California, described as fo~l~ws:
Beginning a2 'the in[~rsec[ion of the Nartherly nrolo~gation nf the
FJest line of Lot 1 of Trac[ N~. ~36, as per m~,t~ recorded in book
30, oa~~e 1 of Miscr_llanr_ous Maps, in ihe ;~ffice of the Cuunt~v
Recorder of said County, with thc cen[er line of Santa 1',na Canyor,
Roac1 as shoo-m on said Ma;.; [hence ~Jorth ~/p O1' Of;" East, 1152.0!1
feet alony said crnter line; [hence Nor[h 0° i4' OC" West, i170.:'3
feet; thence South &5° 5~~' 3i" West, G50.;2 `eet; thence Florth ;S?.~
47' 3~" Wes[, ~~9.1Q fcet to the Wes[ lire o` saic al)n[~+enG;
thence Southcrly 12~4,~~ fect alonq said Wes: lir.e t~ ~h~ point of
beqin~in9.
Exceot that portion thereof canv~yed tn the S:~n[a ~n,i 'lalfey
Irrigation Company t~y dced recordeJ July lr:•, 1{~;~ in ~,~~oE (,~~5,
page 25~ of Officiai Recc:rds.
Also er.eeot [hat por[ion thcrrof included ti•~i[h~n Lhe boun~larics o~
the land cvnveyed to Orange County ldater District by~ dc^_d recorded
October 2~, 1~3•', in booG; 451, pag~ 57° of Official 'tecords.
Also excr.pt that portion thereof descrihed a5 folloa~s: Beginnin9
at the intersection of thc Northerly nrol~rigation of tfi~ Eastcrly
line of said Lo[ 1~~~ith said cen[er line; thence Sauth c7o 1~.' Q•^,"
4lesC, hr,r,.~n feet along said c~nter line Lo thc ~~ort!~erly
prolonqation of tne Westerly linc of said l.ot 1; thcncc North !'1~
02' ~10" West, lih.l3 fce[ along said rrolong~tion; thencc North `S7°
39' 3E" East [o the Southcrly liric of the land destrihed in thc
deed to [he Santi Ana Valley Irric,ition Company, recorde~ ln hoo!<
f~?5, pane 255, Official Records; thr_nce Eiscerly along s~id
Southerly line on a curve c~ncave i~ortherly, hnving a radius of
355.00 feet to the Northerly prolonga[ion of t4ec Easterly iine of
said Lot i; thencc Southn_rly along ,aid Easterly line [n tfir point
of b~qinninq.
Also except that Portion ~ying I~orth of thc South line of ,hc M~in
Canol of thc Santi Ana Vallcy Irrigation Co^~pany.
PA~.CEL 3- All that ccrtoin real propcr[y lyin~ withi~ thc land
allot[ed [o [hc Heirs of Do~inaucz and Lo the Hcirs of Leandro
Serrano in the fJr_cree of Partition of [he P,anchn San[iago cle Santa
Ana recorded in boc,k "B", page 41~ of Judc~ments of the Dis[rict
Court of ±he 17th Judieial Uistriet in and fnr Los Angeles Coun[y,
California, and within Lot 1 of Mr„ Rush's Subdtvision of a
portlon of [he Qush Tr~act per the map recarde.d in book 3(, nage 57_
of H1~cellaneous Records of said Los An~7elr_s County, sliown as
"S.A.V.I., Canal", 45.0~ `eet Sn ~•~idth, an the Map of Tract 'lo.
4°;? rewrded in book 208, pages '~2, ~~~ and ~0 of Niscedlaneous
Naps, rccords of said Oranqe County.
-2._ PC77-21i2
Excepting Lherefron any por[ien of said land lying E~sterly nf thc
Sou[herly nrolonyation of thc Easterly line of Lot 13 of s~id
Tract fJo. 1~~5~ and lyina 4lesterly of thr, Easterly line ~f Pinney
Urive, 64.p0 fect in WjuL~s as shown on said Map; and
WHEREl15~ thr. Lity Planniny Commission did sehedule a nublie hcarin~~ at thc
City hall in the City of Anaheim on July 1~, 1°7?, at 1:3~ p.m., notice ~f said
pu6lic ;~earing having been duly given as reGuircd by lar~ and in accordance ~•~ith the
provisions of the Anaheim tlunicinal Code, Lhauter i'.o3. to !~ear and consider
evidence for and ar~;inst said proposed variance and tn investinate ar.d nake findings
and recommenriat;uns in connection there+•~ith; said puhlic hearing havinq been
continued Lo the Plannin9 Commission nceting of flovenber 7, 1^77; arn1
WNE~E~~S, said Commission, af[er due insor~tion, investiyation and study made
by itself and in its L•ehalf, and after Jue consideration of >11 evidence and
reports offered at said hearing, docs find an,~ detcrnine the followinn 1'acts:
1. That petitioncr pro~oses a a:aiver of [he follo~•~inn t'o establish a ~-lot
subdivision:
SF.CTtOW 1o.2~.Q~5.010 - Reauirement th~t lots rcar onto arCerial 'iiahwa s.
1 side-on lot ~roposed
, 2. That t'~c above mentioned waiver ia h~rehy nra~[ed on the basis tha[ [he
petitioner demonstrated tha[ a hardshio ex,_~~ in thir subject nroper[y is
irregularly-shaped, beinc_, lon9 and narro~~ r~ith n m:~ximu~~ ~.~idtt of ~? fee[, and is,
therefore, difficult to develop ~~ith 'J?.On s~uare fo~t residen*.ial lots; and [h~t the
propcseJ si~le-un huiadina pad ~•rill be suhstan[ially bclow thc finishcd ~rade of the
arterial hiyh~:~ay and will, ihereforc, be r~inir,ally impacted F.v th~~ p~ssing traff'~.,
3. That ~hc ahove mcntione~~ variancc is 9rantcd suhject to thc following
stirulations hy the pctitiener:
(a) That thc building ~a~i elcviticn for the proposed
sidc-on 3ot (Lot tlo. 6) ~~~i 11 be ,~ooroximatclY eiyht (3) feet
belot•i the street nr~~c of Sant~ Ana Ca m•on Road nnd th~t a
six. (6) foo[ .high cnnere[e hlocl•. ti~~all a~ill hr_ construet~~~!
along Santa Ano Canyen Road to ~uffcr thc lnt from th~
[ra`fic along Sant'a Ana Canyon Road ~nd that all rc~uireTcnts
of Louncil Policy No. ;42, pertainina to sound attentuation,
wi)I be satisfied.
(b} That the proposel priv.i[e strert ~yill he realianed
to ~t least ~( feet of vchicular stora~e, as measure~l fror~
the curb ~long Pinney Drivr. and in accordance r~ith the
Traffie En~ineer's recocrmPndation,
4, That there are exceP[ional or extraordinary circunstances or conditions
applicahle to the proper[y invalved or to the intended use of the property that do
not apply generally to the prnperty or class of use in tt,r same vicinity and zone.
5. That [t~c requr_sted var(ance is necessary for the preservation and
enjoyment of a sutstaniial prooerty riqht possr_ssed by other propcrty in thc same
vicinity anA zone, a~d denied to the property in qucstion.
G. That thc reGuestcd viriance ~ri~l not be ~~aterially detrimental to [he
public o-,clfare or i~jurious [o [he property or im~rovr_ments in such vicini[y and zone
in a:ilich tt~.e property is loCaied,
-3- PC77-242
7. That one er5on indicated her presenc at said public hearino in
opposi[ion; anJ that no correspondence was received in opposi[ion to r.fie subject
peti[ion.
E!lN140PiME!~TAL It1PACT FIFJDI~~S: 7hat Lhe Anahein City Planninn Ca?miission has
revier~r_d subjec[ proposal to recl.~ssify Lhe zoninq from [he RS-.~-l~;,0~~($C)
(RESI~F.t1Tll+L/AGP,ICL'LTUR/1L-SCE??IC CORi?ID0•^. 0!'C~LAY) to [hc RS-77~~(SC} (?FSICENTIAL,
SII:SLE-FAriILY-SCEUIC COkRIDC; OVERLt,Y) ZONE on ~n irre~~ularly-s`~apPd pareel of land
consisCiny of approximately i.~' ~cres, located nt the northeast c~rner of 5a~ta Ana
Canyon Road and Pinney ~rivc, h~vina anproxinate front~~es of /7] fect nn the north
side o` Santa Ana Lanyon Ro~<; and ^2 fect on ti•e r_~st sicic cf Pinney Drive, o:itn
ariiver of renuirement th~t all lo[s rear onto an ~rterial hic~h~:ay, and ~loes hereby
approve thc t;rgative Decl~ration `ro~^ Lhc rcQuire~;ent tn r,reparc an environroential
i,iPact report on Chc hosis Chit thcrc ~rou1d hc no 5i~ir.iricant inJividual or
eunul~tive adverse environmental inp~ct c!ue tn th~ aa~ mval ~>f this t~eqative
~eclar~tion since tl~e Anah_~i~ ;eneral Plnn c!esi,nates the subject property for
hi115iJe, lo~~-density resid^n[iil land uscs co'~i~ensuratr ~•ith the proaos~l; that no
sensitivic environmental inpacts are invnlved in ~hc oronos~l; [h,it the Initial S[udy
sub~itted hy tlie petitioner indicates no siqnific.?nt individual or r.umulative adverse
environnentc~ inpncts; ~nd that the Ner,ativA Declir•~tien sub~.tan[i~*.inci thc foren,oing
findings is on file in the City of An~h^.in Pl,inninn Ucnirtmer~t.
1lCI:, TrC:^,EFOPE, BE IT °ES(1L:~E.", that thc hn~he~im City Pl.~nriny Commission
Joes he~rr.hy grar.t s~hjr_c[ Petitinn for VariancP, upnn t'~e folloo-~in~t condi[ions ~ahieh
arc he:reh/ found to he a ni~erssar~ prercn,uisite tn [hc or~nr~scd usc of the subieet
property in ordr.r to preserve thc s,~`eCy and ncncril welfare of thc Ci[izens of the
City of AnaSrin;
1. Th~t this Variance is ~rantr;: Subject to tie cur-~pletion of
Reclassific:~tion ~~o, 7~-77-F3, nor~ pendinr7.
2. That suhject nrnnerty shall t.e ~level~~ed su6stantially in aeeordanee
with plans and speeifications on file ~•:ich the City o` An~hri~ r..arked Revision No. 1,
Exhi b i t!~os. 1 and 2,
3. That Che uuildina ~ad eieva[ion f~r the side-on lo[ (Lot P~o, ~) trill be
approximatcly cight (b) f~et b~lo~- [he strer.t orode of Santa Ana Cany~n °,oad.
!i. Tha[ a six (F~) foot high concre[r bloc{: wall ~,ill be construc[ed along
th~ property line sep~ratin~ Lot No. ~. and Santa An~ Cariyon Road.
5. That oll requirements of Council Policy No. 5~+?, pertaining to sound
at~.entua[ion, ~aill '~e satisfied.
G. Tha[ the prooosed priva[c strec[ v:ill Nc rcilir,neJ to accommodate ~t
teast 5~. feet of vehic~ilar storage as r~easured frnr-, the c,urh alonq Pinney Drive,
subject to [he ~pprov,~l of thc Traffic En9lncrr.
7IIE FO'?CGOING RCSOLUTIO!! is signed and annr~ved hy ne this 7th day of
~~OYC^t~',n ~ ~ ~ 07~ .
ATTEST:
_,d/.~~u ~
CHA R"P,N, Artp.ffEl~t CIT PL~~I~II~lr, C0~1h115510N
SLCP,ETl1RY AFlA{;C IH ~ r' r
. C ITY PLANN I,1 , C!1M~1 I SS I O,V
-4- PC71-2~E2
STATE OF C/aLIFORkIA ~
COU1dTY QF ORA!7GE ) ss.
CITY OF AilAHEIM )
I, cdi[h L. Harris, Secretary o` the Anaheim City P1~^~ "~n Comr'iission, do
hereby ccrtify that the foregoing resolution was passed and adoo~[ed at a meeting of
the Anaheim City Pl~nnl~g Co~mnission held on Ilovember 7, in77.at 1:3`~ P•m., by the
follo~~ing vote of [he members thereof:
AYES: COt1HISS10'IERS: DAVID, NEZP,ST, J~JfI~ISOt,, KIt~G, TCLAR
NOES: COt1!iI551~NEP,S: IIOt1E
ABS[t;T: CO'1!115510NCP,5: BARt1E5, Lltltl
itf NITIIESS blHCREQF, I havc hercunto set ny hand this 7th day of Novernber,
1977.
z° 1a~.~.-
5[C4ETJ,RY, At!ANE 1'I C ITY PL~.'I'! I I,~ CO"," I SS I OH
_~_ PC17-242