PC 85-238._ ,.~
RESOLUTION N0. PC85-238
A P.ESOLUTION OF THE ANAHEIM CITY PLANNING COt4MISSION
iHAT PETITION FOR RECLASSIFICATZON N0. 85-86-11 BE GRANTED
WHEREAS, the Anaheim City Ylanning ~ommission did receive a verified
petition for Reclassification f[om DENNIS B. SC!3iUKA4, TROS"'EE OF APfERICAN
HOFIE MORTGAGE, 666 Baker Street, ~263, Costa Mesa, CaliL-ornia 92626, owner,
and VIC PELOQUSN, 3445 East La Palma Avenue, Anaheim, California 92806, agent
foc certain real property situated in the City of Anaheim, County of Oranqe,
State of Calif:ornia, described as follows:
PARCEL A:
THOSE PORTIONS OF THE LP.NDS ALLOTTED ^_'0 JUAN PABLO PERALTA,
MARIA JESUS PERALTA DE COPAS AND b1ARIA PERALTA DE ALVARE2 IN
DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTn ANA,
kENDEF.ED IN CASE NO. 17.y2 AND ENTERED S°P'?'EMBER 12, 1668 ZN BOGK
"B', PAGE 410 OF JUDGEMENTS OF THE 17TH JUDICZAL DISTRIC'.' COpRT
OF CALIFOR^IlA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MUST NORTHERLY CORNER OF LOT 71 OF TRACT NO.
8418, AS SHOWN ON A MAY RECORDED IN EOOK 370, PAGES 10 'r0 13, OF
61ISCELLAPiE0U5 N,APS, IN THE OFFICE OF THE COUNTY P.ECORDEF2 OF SAID
COUidTY; TFIENCE ALONG T(IE NOI2T[iE~STGRLY BOUNDARY LINE OF SAID
2'RACT NQ. 8418, SOUTH 41° 19' 34' EAST 657.00 FEET TO THE MOST
SOUiHERLY CORNER OF THF: LANil CUNVEYED TO AMADOR BUZO AND WIFE~
DESCRIBE;U IN DEED RECURDED IN BOOK 1098, PAGE 241~ OF OFFICIAL
F.EC~RDS OF SAID COUPlTY, SAID POINT BEING TH.'~'. TRUE POINT OF
REG_NNING; THENCE CONTINUING ALONG SAID NORTHEAST BOUNDARY OF
SAID TRACT N0. 8418, SOUiH 41° 19' 34" EAST 230.70 FEET TO THE
INTERSECTIUN WiTH THE CURVED CENTERLIi~E OF TH^c 60 FEET WIDE
E~SEMENT rOR [9ATER LINE AND ROAD PURPOSES GRANTED TO THE CITY OF
ANAHEIM AND DESCRIBED 1N PARCEL 1 IN DEL•'D RECORDED IN BOOK 7100
p~rF, 055 pF OFF7CIA1, P,~COP.75 OF SF:ID COUPITY, SP.Z^ CUP.VED
CENTERLINE BEING CONCAVE TO 2HE NORTHWEST ?ND HAVING A RADIUS OF
600.00 FEET, P. RADIAL TO SAID POINT OF INTERSECTION BEARS SOUTH
43° 54' 42" EAST; THENCE NORTHEAS'PERLY ALONG SAID CURVED
CEt7TERLINE TEIROUGH A CENTRAL ANGLE OF 11° 49' 18" A DISTANCE OF
123.80 FEET TO THE NORTHEASTERLY TERMINUS OF SAID CURVE; THENCE
TANGENT TU SAIll CURVE AND CONTINUING ALOPIG THG CENTERLINF. OF
SAID EASEMGNT AS FOLLOWS; NORTH 34° 16' GO" EAST 258.31 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE TO THG SOUTHEAST AtdD
HAVING A RADIUS OF 600.00 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE NORTH 74° 56' 00" EAST 203.14 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 600
FEET; TIiENCE EASTERLY ALONG SAID CURVE 272.27 FEET; THENCE NORT.H
48° 56' 00' aAST TAP]GENT TO SAID CURVE 684.59 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOGTH AND HAVING A
RADIUS OF 600 FEET; THENCE EASTERLY ALONG SAID CURVE 513.13
FEET; THENCE SOUTH 82° 04' 00" F.AST iANGENT TO SAID CURVE 262.42
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH
AND HAVING A RALIUS 0[~' 600 EEET; THENCE EASTF.RLY ALONG SAID
CURVE 50"2.66 FEET TO THE EASTERLY TERb]INUS OF SAID CORVE AND THE
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b10ST SOUTHERLY CORNER OF TRACT N0. 5674~ AS SHOWN ON A MAP
RECORDED IN BOOK 307 PAGES 22 TO 'L4 INCLUSIVE OP SAIC
MISCELLA~^OUS MAPS; THENCE ALONG THE SOUTHWESTERLY LI.vE OF SAID
TRACT NU. 5674~ AND THE NORTHWESTERLY PROLO[1GATIUN THEREOF AS
FOLLOWS:
NORTH ~10° 04' 00" WGST 33.00 I'EET; NORTH 34° 53' 07" WEST 177.02
PEET NORTH 45° OU' 00" W.'r,ST 335.00 FEET; AND P]ORTH 33° 46' 08"
WEST 280.50 FEET TO AN ANGLE POINT IN TH^c SOUTHERLY LINE OF LOT
11 OF TP.ACT N0. 1005~ AS SHOWN ON A MAP RECORDED IN BOOK 33,
1~AGE 32 OF MISCELLANF.Oi1S MAPS~ BEING THE WESTERLY TERMINUS OF
THAT CERTAIN COURSE THEREIN SHOWN AS HAVING A BEAF2ING OF SOUTH
85° 10' 20" WEST AND A LENGTH OF 388.87 FEET; TH^cNCE ALONG THE
BOUNDARY LINE OF SAID LOT 11 SOOTH 22° 54' 20° WEST 143.61. FEET
AND NORTH 60° 17' 38' WEST 95.05 FEET TO THE MOST EASTERLY
CORNER OF THE LAND DESCRIBED IN THE DEED TO BURTON MCKENZIE~ ET
UX.~ RECORDED IN BOOK 1555, PAGE 293 OF SAID OFFICIAL RECORDS
THENCE SOJTH 82° 50' 29" WEST 520.16 FEET AND NORTH 1° 15' 35"
WEST 100.84 FEET ALONG THE SOUTHERLY AND WESTERLY LZNE UF THE
SAID LAND CONVEYED TO BURTON MCKENZIE~ ET UX., TO A POINT IN THE
SGUTHEASTERLY I~INE OF LOT 10 OF SAID ~RACT N0. 1005, SAID POINT
BEING DSSTANCE NORTH 31° 20' OS" EAST THEREON 6Ce00 FEET FROM
THE CENTERLINE INTERSECTION OF THE PRIVATE ROAD, 40 FEET IN
WIDTH, AS SHOWP~ ON SAID MAP; THENCE ALONG THE SOUTHEASTERLY LINE
UF SAID LOT 10 AND THE SOUTHWESTERLY PROLONGATZON THEREOF AND
ALONG TH~ ~ORTHERLY LINE O[' THE LAhD CONVEY~~ TO BURRUEL LAND
COhiPANX AND DESCRIBEL IN DEED RECORDED IN BOOK 6747, PAGE 119,
OF OFFICIP.L RECORDS UF SAID COUNTY, SOUTH 31° 20' OS" WEST
139.37 FEET SOUTH 39° 08' 31" WEST 774.37 FEET AND SOUTH 87° 21'
07" WEST 300.30 FEET TO THE INTERSECTIGN WITH TKE SOUTEiERLY
BOUNDI~RY LINE OF TRACT N0. 59, AS SHOWN 0[d 6fAP RECORDED IN 300K
10~ PAGE 18 OF SAID hIISCELLANEOUS MAPS; THENCE FOLLOWING T:IE
BOUNDARIES OF SAID TRACT NO. 59~ NORTH 69° 30' 30' 47EST 99.83
FEET; NORTH 84° 42' 46" WEST 199.88 FEET; SOUTH 63° 49' 35" WEST
100.02 FEET; SOUTH 27° 44' 35" WEST 198.03 FEET; SOUTH 5° 18'
25" EAST 200.03 PF.ET; SOUTH 27° 37' ~6" ~i1EST i99,72 FEE?'; SOUT:?
55° 00' 42" WEST 97.98 FEET; SOUTH 43° 31' 42" WEST 268.10 rEET
TO THE MOST SCUTHERLY COF2NER OF LOT 27 OF SAID TRACT N0. 59~
T:IENCE SOUTH 4° 54' 06" WEST 312.98 FEEi TO THE TRUE POINT OE
BEGIIdNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on October 28, 1905 at 1:30 p.m.,
notice of said public nearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code. Chapter 18.03,
to hear and consider evidence for and against said proposed reclassification
and to investigate and make findir.gs and recommendations in connection
thecewith; and
WFIEREAS, said Commission, after due inspection, investigaLion and
study made by itself and in its behalf, and after due considEration of all
evidence and reports offered at said her,ring, aoes Eind and determine the
following facts:
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PC85-238
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1. That the petitioner proposes reclassification of subject property
from RS-A-q3,000(SC) (Residential, Agricultural (Scenic Corridor Overlay)) to
the RS-HS-22,000(SC) (Residential, Single-Pamily, Hillside (Scenic Corridor
Overlay)) Zone to establish a~f3-lot, 41-unit, single-family residential
custom lots development.
for hillside low-den ity residentialllandUUSestlY ~~esignates subject property
3• That the proposed reclassi.fication 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 suh~ject propecty and to the zones and their permitted uses
9enerally established throughout the community.
S• That the proposed reclassification of subject property requires
the improvement of abutting streets in accordance with the Circulation Element
of the General Plan, due to the anticipatec increase in traffic which will be
9enerated by the intensification of land u$E,
6• T~'at no one indicated their p:~~ence at said public hearing in
cpposition; and that no correspondence was .eceived in oppcsition to subject
petition.
ENVIRONMENTAL IMPACT FINDINC: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property from
RS-A-43,OC0(SC) (Residential, Agricultura7. (Scenic Corridor Overlay)) to the
RS-HS-22,U00(SC) tne
Overlay)) or a less Rintense1ZOno Single-Family, Hillside (Scenic Corridor
residential custom lot development ontaanl irregularlp sh~nU~it, sing.le-family
consistina of aPP'o>:imately 3b.7 acres, havin a ' rarc~l °t iand
3,230 fe~t on the north side of Nohl 9 frontage oE approximately
approximatley 300 feet northeasterly of the centerlineaof O1ddBUCket9Lanecaand
does hereby appcove the tdegative Declaration upon finding that it has
considered the Nngative Declaration together with any comments received during
the pub2ic review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the
Pr~ject will have a significant effect on the envic~nment.
NOI~1, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby gcant subject Petition for Reclassification and, by so
doing, that Title 18-Zoning of the Anaheim htunicipal Code be amended to
er.clude the above-described property from the RS-A-43,000(SC) (Residential,
Agricultural (Scenic Corridor Ovetlay)) and incorporate said described
property into the R5-HS-22,U00(SC) (Residential, SinglrFamily, Hillside
(Scenic Corridor Overlay)) Zone upon the following conditi~ns which are hereby
found to be a necessary prerequisi.te to the proposed use of subject property
in order to preserve the safety and general welfare of the Citia.ens of the
City of Anaheim:
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PC85-238
1. That prior to issuance of a building pecmit, primary water main fees
shall be pai.d to the City of Anaheim, in an amount as determined by
the Office of the Utilities General Manager.
2. That prior to f;nal tcact map approval, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an
amount as determined by the Cil•y Council.
3. That prior to issuance of a building permit, the appropriate traffic
siynal assessment fee sha11 be paid to the City of Anaheii,~ in an
amount as dekermined b~ the City Council for each new dwelling unit.
4. That the owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of land 33 fee*_ in width and
uariab].e as required by the City Engineer. from the centerlir,e of the
street along Nohl Ranch Road Eor street widening purposes.
5. That the vehicular access rights to Nohl Ranch Road except at street
and/or alley openings, shall be dedicated to the City of Anaheim.
6. That all engineering requirements of the City of Anaheim along Nohl
Ra:;ch Road, including preparation of improvement plans and
installation of all improvements such as curbs and gutters,
sidewalks, water facilities, street grad:ng and pavement, sewer and
drainage facilities, or other appurtenant work shall be complied with
as requiced by the City Engineer and i~ accordance with
specifioations on file in the Office of the City Engineer; and that
security in the form of a bond, certificate of deposit, letter of
credit, or cash, in an amount and form satisfactory to the City of
Anaheim, shall be posted with the City to guarantee the satisfactory
completion oE said improvements. Said security shall be posted with
the City prior to approval of improveme~t plans, to guarantee the
installation of the abov~-required improvements prior to occupanay.
7• iiiac street lighting fa;ilities along Nohl Ranch Road shall be
installed as required by the Utilities General Pfanager in accordance
with specifications on file in the Offic~ of Utilities General
Manager, and that security in the form of a bond, certificate of
deposit, letter of credit, oc cash, in an amount and form
satisfactory to the City of Anaheim, shall be posted with the City to
guarantee the satisfactory comp].etion of the above-mentioned
improvementy. Said security shall be pusted witl~ the City of Anaheim
prior to issuance of building permits. The above-required
improvements shall be installed prior to occupancy.
8. That private streets shall comply with the Peralta Hills street
standards unless otherwise approved by the City Engineer.
9. That no public or private street grades shall exceed 108 except by
prior approval of the Chief of the Fire Uepartment and the
~ngineering Division.
10. That drainaye of subject property shall be disposed of in a manner
satisfactory tu the ~ity Engineer.
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PC85-•238
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11. That an ordinance razoning subject propert1 shall in no event become
effective except upon or fol.lowing the recordation of a final map
within the time specified in Government Code Section 66463.5 or such
further time as the Planning Cortur.ission or City Council may grant.
12. That prior to commencement of structural framing, fire hydrants shall
be installed and charged as required and determined to be necessary
by the Ct,ief of the Fire AepartmenL-.
13. That all lockable vehicular access gates shall be equipped with a
"knox box" device to the satisfaction of the Chief of Police the City
Fire btatshall.
14. That the location and design uf all access gates and the proposed
'turn around" area shall be subject to the review and approval of the
City Traffic Enginee[.
15. That all lots within this tract shzi' be served by underground
utiliti.es.
16. That in accordance with the requirements of Section 18.02.047 of the
Anaheim Municipal Cede Qertaining to the initial sale of residences
in the City of Anaheim Planning Area "e', the seller shall provide
each buyer with written information concerning the Anaheim General
Plan and the existir.g zoning wirhin 300 feet of the boundaries of
subject tract.
17. That pri.oc to final traet map approval, the petitionec shall mak,e
some provision, acceptable to the City Council, foc land~caping and
maintenance of the slopes within and/o: created by the development of
this property.
I8. That prior to final tract map approval, the original documents of the
covenants, conditions, and restrictions, aad a letter addtessed to
the developer's title company authorizing recordation thereof, shall
be submitted to the City Attorney's Office and approved by the City
Attocney's Office and Engineecing Division. Said documents, as
approved, will then be filed and recorded in the Office of the Orange
County Recorder.
19. That subject propecty shail be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit No. 1.
2U. That pricr to the introduction of an ordinance cezoning subject
property, Condition Nos. 2, 4, 5 and 11, above-mentioned, shall be
completed. The provisions ur rights granted by this cesolution shall
become null and void by action of the Planning Commission unles~ said
conditions are complied with within one year from the date of this
resolution, or such Eurther time as the Planning Commission may grant.
21. That prior to final building and zoning inspections, Condition Nos.
6, 7, 8, 9, 10, 13, 14, 15 and 19, above-mentioned, shall b2 complied
with.
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BE IT FURTHER RESULVED that the Anaheim City Planning Cnmmission does
h^reby find an~ determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
heeeinabove set Eorth. Should any such condition, or any part thereof, be
declared invalid o~ unenforceable by the fi.nal judgment of any cuurt of
competent jurisdiction, then this Resolution, and any approvals herein
contain~d, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 28th day
of October, 1985.
.CL ! ~c3ii ~
CHAIRWOMAN~ ANAHEIM ITY PLANNING COMMISSZON
ATTI;ST :
~1 c~ ~ .°,~~
SECRETARY, ANAHEIM CITY PLANNING COMM:SSION
STATE OF CALIFORNIA )
CUUNTY OF ORANGE ) ss.
CITY OF ANAHEIPf )
i, Edith L. Harcis, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foreyoing resolution was passed and
adopted at a meeting of the Anatieim City Planning Commission held on October
28, 1985, by the following vote oE the members thereof:
AYES: COPIPIISSIONERS: BOUAS~ FRY~ HERBST, LA CLAIRE, LAWIChI~ MC BURNEY
NOES: COMMISSZONERS: NONE
ABSENT: COMMISSIUNERS: MESSE
IN WITNESS WFIEREOF, I have herei~nto set m:~ hand this 28th day of
October, lydS. ~Q
C I ~~C/~ °~' /~~~
SECRETARY, ANAHEIM CI~PY PLANNING COMMZSSION
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