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PC 85-89RBSOLUTION N0. PC85-89 A RESOLUi`IOtd OF THE ANAHEIM CITY PLANNING CONMZSSION THAi PETITIUN FOR RECLASSIFICATIOPI NO. 84-85-28 BE GRANTED WHERF,AS, the Anaheim City Planniny ~~ommission did receive a verified patition fo: Reclassification from JUN NISHINO, D.D.S. & MARCIA J. NZSHINO, 1780 Winl~ck Street, Orange, California 92665, owners, and MERIDIAN CONSTRUCTIOV COP1PnNY, INC., 14912 htinnetonka Boulevard, Minnetonka, Minnesota 55345, agent for certain real property situated in the City of Anaheim, County of Orange, State of California, de~cribed as follows: PARCEL 1: TEIOSE PORTIONS OF LOT 1 OF P1RS. BUSH'S SUBDIVISION OP A POitiIOIJ OF THE BUSH TRACT, IN THE COUP74'Y OF ORAt7GE, STATE OF CALiFURNIA, AS PER F1AP RECORUED ItJ BOOK 36~ PAGE 52~ I•tISCELLANEOUS RECORDS~ IN THE OFFICE OF THE COGNTY RECORDER OF LOS ANGELES COUNTY, CALIFO2NIA, UF THE THIRD CLASS LAND AI.LOTTED TO Y. Y. llE COTA ~CCORDING TO A MAP ATTACNED TO AND MADE A PART OP THE LE;CREE CF PARTITION OF THE RANCHO CANON DE SANiA ANA RENDERED IN CASE N0. 1978 OF THE 17TH JUDICZAL DISTRICT COUR1' O? CAI.IFORNZA, A CERTIFIED COPY OF WHICH ZS RECORDED IN BOUK 28, PAGE 158 OF DEEDS, IN THE OFFZCE OF SAIU CUUNiY RECORUtR APlD OF THE LANll ALLOTTED TO MARIA PERALTA DE AL\TAREZ I!J DECREE OF PARTITION 0[•' THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOUF B OF JUDGMENTS OF' SAIU 17TH JUDICIAL DISTRICT CGURT~ DESCRIBED AS FOLLOWS: REGINNIP;G AT A'X" IK THE PAVEMENT MARKING THE INTERSECTION OF THE CENTERI,INE OF THE SANTA ANA CANYON ROP.D AS SURVEYED IN 1925 BY THE C.7UNTY OF ORANCE 'v7TTFi THE SOUTHERLY EXTENSION OF 2'HE EAST LINE OF SAIU LUT 1 OF MRS. E3USH'S SJBDIVISION, SAID PqINT BEING 30,.00 FEET ivOkTHERLY FROM THE NORTHWEST COFNER OF :.Ui I vi~ iiinC'i i~v. 9,10~ AS SHUWN ON A D1AP RECORDF,D IN BOOK 30~ PAGES 1 AND 2 OF PIISCELLANEOUu P1APS, RECORDS OF ORANGE COUNTY~ CALICORNIA; THF.NCE idORTH 0° 12' 37' WF.ST ALnNG SAID EXTENDEU LINE AND ALO[JG THE EASTERI.Y LINE OF SAID LOT 1 OF MP.S. BOSH'S SUBDI4ISION AND TE:E NORTHERLY EXTENSZON THEREOF 1251 J4 FEET~ P1URE OR iESu, TO TFiE SOUTHEAST CORNEF. OF THE LAND DESCRIBED IN THE DEED TO ORANGE COUNTY WATER DISTRICT~ RECORDED AUGUST 29, 1940 IN BOOh 1059~ pAGE 193 UFFICIAL RECURDS~ SAID POINT BEING 28.54 FEET NOFTEi 0° 12' 30' WEST FRON. THE NORTHEAST CORNER OF SAID LOT 1 OF tIRS. BUSH'S SUBDIVISION; THENCE NORTH 81° 42' OS• WEST 18G.55 FEET ALONC •I'HE SOUTHERLY LINE OF THE LAND DESCRZBED IN SAID DEF.D; THENCE NORTEI 84° 29' S5' WEST 233.25 FEET ALUNG THE SOUTHERLY LINE OF THE i.AND DESCRZBED IN SAID DEED~ SAID PGINT BEINC 23.50 FF.ET NORTH 0° 15' 30` WEST FROM THE NORTHWEST CURNER UF SAID LOT 1 OF !1RS. BUSH'S SUBDIVZSION; THENCE SOUTH G° 15' 30' EAST 1322.41 FEET ALONG THE NORT!lF.kLY EXTENSZON OF THE WESTERLY LINE OF SJ1ID LOT 1 OF l4RS. BGSH'S SUBDIVTSION AND ALONG THE WESTERLY LINE AND THE SOUTFIERLY EXTENSIGN THEREOF TO 1'HE CENTER LINE OF SAID SANTA AI¢A CANYON RUAD; TNENCE NUkTN 87° O1' 00' EAST 415.46 FEET TO L"HE POINT OF BEGINNING. p0486r PC85-H9 EXCEYi'ING THEREFROM THAT PORTTON LYJNG NORTH OF THE SOUTH LINE OF THE MAIN CANAL UF THE SANTA ANA VALLEY IRRIGATION COPiPANY. ALSO EXCEPTING THEREFRUt9 TFIE PORTION CONVEYED TO SANTA ANA VALLEY IRP.IGATION CONPANY BY DEED RECORDED JUL'i 18, 1934, AS INSTRUMENT N0. 16235, IN BOOK 685, PAGF: 255~ OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTIOP! OE' SAID LAND COP7VEYED TO iHE STATE OF' CALIFORNIA BY DEED RECGRLED MARCH 2, 1948, AS INSTRUMENT tJO. 9162, IN BOOY. 1731, PAGE 517, OFFICIAL RECORDS. NOTE. PART OF SAID LAND IS WITHIN TRACT NO. 4958, AS PER MAP RECORDED IN BOOK 208, PACE 48 OF MISCF.LLANEOUS MAPS~ IN THE OF~ICE OF THL•' COUNTY RECORDER OF SAID ORANGE COUNTY. PART 2: THAT PORTIUtJ OF THE LAND ALLOTTED ':O THE HEIRS OC DUMINGUEZ IN DECREE UF PARTITION OF THE RANCHO SANTIAGO DE SAN'fA ANA, RECORDED IN BOOK 'B" OF JUDGMEtlTS OF THE 17TH JUDICIAL DISTRZCT COURT OF CALIFORNIA, DESCRIHED AS FOLLOWS: BEGINNING AT THF INTERSECTION OF THE NORTHERLY PROLONGATION OF TIiE WEST LINE OF LOT 1 OF TRACT N0. 936, AS PER MAP RECORDED IN HGQK 30, P~GE 1 GF M1sCELLAtdEOUS MAPS, I~i THE OFFICE OF THF. COUNTY RECORDER OF SAID COUNTY, WITN THE CENTER LINE OF SANTA ANA CANYON ROAD AS SHOWN ON SAID t9AP; THENCE NORTH 87° O1' 00' EAST, 1252.U0 FEET ALONG SAID CENTER LINE; TY.c^NCE NORTH 0° 34' ~~~~ ~lEST, 1170.88 FEET; THGNCE SOUTfl 85° 54' 35" WEST~ 650.52 °E~'P; THENCE SOUTH 85° 54' 35' WEST, 650.52; THENCE NORTH 82° ~~~ 3U~ WGST, 599.10 FEE~' 'f0 THE WES2' LINE 0~ SAID ALLOTMENT; TEiENCE SOUTHEkLY 1264.80 FEET ALONG SAID WEST LINE TO THE POINT OF BEGIP~NING. BXCF.PT7Nr. mu~pFr.np,, ;i:~~ rCiiti'iUtv 'Phk:kEOF CONVEYED TO THE SANTA ANA VALLEY IRRIGATIJN CUriPANY BY DEED RECORDED JULY 18~ 1934~ IN SOOK 685~ PAGE ~55, OFFICIAL RECORDS. ALSU EXCEPTING THEkEFIt061 THAT PORTION THEREOF INCLUDED WITAIN THE bOUNDARZES Ofi Tt1E LAND CONVEYED TO OFAHGE COUNTY WATER DIS'PRICT BY DEED F.ECORDED OCTOBER 29, 1938~ AS INSTRUMENT N0. 29600~ IN BOOK 951, PAGE 579~ OFFICIAL RECORDS. ALSO EXCEPTING 1HEREF~20M THAT PORTION THERcOF DESCRIBED AS FULLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY PROLONGA4':ON OF THE EASTERLY LINE OF SAID LOT 1~idITH SAID CENTER LINE; THENCE iOUTH 87° 16' 00' WEST~ 446.10 FEET ALONG SAID CENTER LINE TO THE NORTY.ERLY PROLONGATION OF THE WESTERLY LINE OH SAID LOT 1; THENCE NORTH 0° U2' 00' WEST~ 44.18 FEET ALONG SAID PROLONGATICN; THENCE NORTH 87° 39' 36• EAST TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE SANTA ANA VALLEY IRRIGATION COMPANY~ RECORDED IN BOOK 685, PAGE 255~ OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID SOOTNERLY LINE ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 355.00 FEET TO TNE NUR4'HERLY PROLONGATION OF THE EASTERLY LINE OF SAZD LOT 1; Ti1fiNCE SOUTHERLY ALONG SAID EASTER:,Y LINE TO TNE POINT OF BECINNING. -Z PC&5-89 ~ ~ AL50 EXCEPTING ThF;REFROM THAT PORTION LYING IJORTH OF THE SOUTH J~IN~ OF 7'EIE h1AIN CANAL OF TfIE SANTA ANA VALLEY IRRIGATION CUt4PANY. AI.SO L',tCEP1'ZNG THEREFROf4 I~LL CAS, OIL, MINERAL AND ^YDROCARBON SUB~TANCES BELOW A DEPTH ON 500 FEET FROM THF SURFACE OF SAID LAND, SUT 4lITHUUT THE RIGHT 0~ ENTRY UPON ANY PORTION OF THE SURFACE ABOVE A DEPT;i OF SUO FEET FOR THE PURPOSE OF EJ(PLORING POR, pOkING, MINING, DRILLING, REMOVING, SXTRACTING OR MARKETING SAiD SUBSTAt~CES, AS A.ESERVEU BY MABEL ANN YORBA~ A WIUUW~ IN THE DEE6 RE;COkDF'D JANUARY 25, 1963. A1.S0 EYCEPTING TH~REFRUM ALL, RIPARIP.ti RICFITS ATTRIBUTABLE TO SAID LAtJD AS RESERVED AY MABEL ANt~ YORBA, A WIDOW~ IN THE DEED RECORDED JANUARY 25~ 1563. YARCEL 3: AI.L THA1 C6RTAIN REAL PROPERTI LYING WITFIIN THE LAND ALLOTTED TO TH~ HEIRS UF DODIINGUEZ hl1D T~ THE HEIIS OF LEANDRO SERRANO ItJ THE DECREF, OF PAkiITION OF TlfE RANCHU SANTIAGO DE SANTA ANA RECOP,DED IN BOOK "B', pAGE 410 OF .lUDGMENTS OF THE DISTRZCT COURT OF TFiE 17Tli JUDICIAL DISTRII:T IN AND iOF, LOS ANGELES COUNTY, CALIFORNIA, T,ND WITHIN LOT 1 OF MRS. BUSH'S SUBDIVISION OF A PORTION GP THE BUSN TRACT PER THE l1AP RECORDED Z^7 BOOK 36, PAGF, 52 OF riZSCELLAt:GOt35 RcCOkL:; UF SAID LOS ANGELES COUNTY, :;JiOWN AS 'S. A. V. I. CANAL'~ 46.00 FEET IN WIDTH, OtJ THE MAP OF TRACT tv0. 4~)58 RECpRDEB ItJ $~pK Zpg~ ppGES 48, 49 AND 50 OF b1ISC6LLANEUUS DtAPS, RECORDS UF SAID ORANGE COUHTY. WHEREAS, the City Planning Commission did l~old a public h.earing at the Civic Center in the City uf Anaheim on April 1, 19F35 at 1:30 p.m., notice of said public hearing haviny been duly given a~ required by law and in accordance with the provisions of the Anaheim Efunicipal Code. Chapter 16.03, to hear and considrr evidence for and against said proposed reciassificatton and to investi9ar~ ,n~! m~F:~ ~_,,,;_~;y~ ,,~,~ ~ecommendations in connection therewith; and WHEkEqS, said Commission, after due inspection, invEStigation and study mad2 by itself and in its behalf, and after due consideration of all evidence and reports offered at said heacing, does find ar.d determine the following facts: 1. That the ~.atitioner proposes reclassification of subject prope:ty from the RS-A-43,000(SC) (Residential/Agricultural, Scenic Corridor Overlay) Zone to the CO(SC) (Commercial, Office anc' professional, Scenic Corridor Overlay) Zone. 2• That the Anaheim Genecal Plan currently designates subject propecty for Hillside Low-Density residential land uses but t:~at, concurrently witt~ subject petition, ttie Planning Commission h~s recor.unendad that City Council adopt General Plan Amendment No. 202 to change the land use designation to Commercia.l Professional. ~• That the propoeed reclassification o£ subject property is necessary and/or desirable for the ocderly and proper development of the community. -3- PC85-89 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 Propezty and to the zones and their permitted uses generally established throughout the comrnunity. 5. 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 anticipated increase in traffic which will be generated by the intensification of land use. 6. That 8 persons indicated their pr.esence at said public hearing in opposition; and that a petition containing approximately fift,~-five (55} signature~ was received in oPPosition to subject peti.tion. ENVIRONt9ENTAL IMPACT FINDING: That the Anaheim City Planniny Commission has revieiaed the proposal to change the current Hillside Low-Density Residential land use designation to Commercial Professional on the General Plan; and reclassify subject property from the RS-A-43,000(SC) (Residential/Ag~iculturai, Scenic Corridor Overlay) ~one to the CO(SC) (COmmercial, Office and Professional, Scenic Corridor Overlay) Zone to construct two (z), 19-foot higti, one (1) story commercial office buildings with waivers of minimum building setback and minimum landscaped setback; and to approve the removal of one (1) specimen tree on an irregularly-shaped parcel of land consisting of approximately 1.8 acres located at the northeast corner of Santa Ana Canyon Road and Pinney Drivf•; and does hereby approve the Negative Declaracion upon finding that it has considered the Piegative Declaration together with a~y comments received during the public review process and further findin9 on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a szgnificant effect on the environment. [dUW, THEREFORE, BE iT RESOLVED that the Anaheim City Planning Commission does hereby qcant subject Petition for Reclassification and, by so doing, that Title 18-Zonin9 of the Anaheim P:unicipal Code be amended to exclude the above-described property fcom the RS-A-43,000(SC) (Residential/Agricultural, Scenic Corridor Overlay) Zone and to incorporate saia described property into the CO(SC) (Commercial, Office and Professional, Scenic Corridor Overlay) Sone upon the following conditions which are hereby found to be a necessary prerequisite to the propused use of subject propetty in order to preserve the safety and general welfare of the Citizens of the City of Anaheim; - 1. That ~11 engineering requirements of the City of Anaheim along Santa Ana Canyon Road and pinney Drive, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, s~reet grading and pavement, sewer and drainage facilities, or other appurtenant work shall b it e complied w h as required by Lhe City Engineer and in accordance with specificacions on file in the Office of the City Engineer; and that security in the form of a bond, certificate of ~;ti deposit, leCter of credit, or cash, in an amount and form ,`y satisfactory to the City of Anaheim, shall be posted with the City to (~ guarantee the satisfactory completion of said improvements. Said N security shall be pos~ed with the City prior to adoption of the a ordinance rezoning subject property, to guarantee the installation of the above-required improvemenl-s prior to occuYancy. r , -`~- PC85-89 ~ ;~ 3~4d r ~ 2. Tl~at stceet lighting facilities along Santa ~na Canyon Road and Pinney Drive shall be installed as requ_red by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Flanager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactor,y to the City of Anatieim, shall be posted with the City to guarantee the secisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to adopL•ion of the ordinance rezoning subject property, The above-required improvements shall be installed prior to occupancy, 3. That a curbed median and dece.leration and acceleratio~ lanes shall be constructed on Santa Ana Canyon Road to the satisfaction of the City Enyineer, and that security in the form of a bond certificate of deposit, letter of credit, or cash, in an amounL- and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the satisfacto:y completion of the above^mentioned imptovements. Said security shall be posted with the City of Anaheim prior to adoption of the ordinance rezoning subject property to guarantee the installation of the above-required improvements priot to occupancy. 4. That reasonable landscaping ir.cluding irrigation facilities shall be installed in the uncemented portion of the parkway on Pinney Drive and Santa Ana canyon Road and the median isiand on Santa Ana Canyon Road, 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 oE Anaheim shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to adoption of the ordinance rezoning subject property to guarantee the in~tallation of the above-required improvements prior to occupancy. Landscape plans sha11 be submitted with improvement plans for approval by t he City of Anaheim. After acceptance by the City, landscaping in the rnedian sha.il be maintained by the City. ~, mhat ~he veLicuiar access rights to Pinney Drive sha11 be dedicated to Lhe City of Anaheim. 6. That the owner of subject ptoperty shall submit a letter requesting termination of Reclassification No. 76-77-63 and Varianee Nc. 2946 to t;~e Planning Department. 7. Tha.t the owner of subject property shall acquire access rights to '`' Santa Ana Canyon Road, at those locations as approved by the City Traffic Engineer. 8. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land as required by the City Engineer for the construction of sidewalks along Santa Ana Canyon Road and Pinney Drive. ~ -S- PC85-89 , ~..,...._:......_. _ _~___.~.~._._..._.._..._..._ 9. That prior to the introduction of an ordinance cezoning subject property, Condition Nos. 1, 2, 3, 4, 5, 6, 7 and 8, above-mentioned, shall be completed. The provisions oc rights 9ranted by this resolution shall become null and void by action of the Planning Commission unless said conditions ace complied with within one year from the date of this reyolution, or such further time as the Planning Commission may grant. BE IT FURTHER RESOLVED that the Anaheim City .Planninq Commission does hereby find and determine that adoption of this Resolution is expressly Aredicated upon applicant's compliance with each and all of the conditions hereinabove set Eorth. Should any such condition, or any part thereob, be declared invalid or unenforceable by the final judg~ent of any court of competent 7~~isdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this lst day of APril, 1985. _ ~.. /,~ _ ~ - //,~ •'^--1 ~/ \ '~' -CHAIRHAN~ ANAHEIM-CtI~NNICIG COMMISSION ATTEST: ~t. ~ .~.~~y SECRETARY, ANAHEIPI CITY PLANNING COFIFIISSION STATE OF CALIPORNIA ) COUNTY OP ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregaing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission hetd on April 1, 1985, by the following vote of tl~e member~ thcreof: AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING, LA CLAIRE, MC BURNEY NOES: CONMISSIO:IERS: BUSHORE ABSENT• COh7MISSIONERS: NONE IN WITNE6S WHEREOF, I have he[eunto set rt;y hand this lst day of April, 1985. ~ _ SECRETARY~ ANAHEIM CIT~LAN~G C MZSSION -6- PC85-89 (~