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PC 85-90, . ,~-. RESULOTZON NO. PC85-90 A RESOLUTION OF THE ANAHEIM CITY PLANNING COi4MISSZON TFIAT P6'TITION FOR VARIANCE NO. 3465 BE GRANTED WHPREAS, the Anaheim C_Ly Planning Commission did receive a verified Petition for Variance from JUN NISHINO, L.D.S. & MARCIA J. NISHINO, 1780 Winlock Street, Orange, Califocnia 9'1665, owners, and MERIDIA`~ CONSTRUCTION COMPANY, INC., 14912 blinnetonka Boulevard, Minnetonka, Minnesota 55345, agent for cectain real property situated in the City of Anahein, County of Orange, State of California, described as follows: PARCEL 1: THOSE PORTIONS OF LOT 1 OF 61RS. BUSH'S SUBDIVISION OF A PORTIOPI OF THE BUSH TRACT, IN THE COUNTY OF ORANGE~ STATE OF CAI.ZFORNIA~ AS PER MAP RECORDED IN BOOK 36~ PAGE 52~ MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUIJTY, CALZFORNIA, OF THE T9IRD CLASS LAND ALLOTTED TO Y. Y. DE COTA ACCORDING TO A MAP ATTACHED TO AND l4ADE A PART OF THE DECREE OF PARTITION OF T3E RANCHO CANON DE SANTA ANA RENDERED IN CASE N0. 1978 OF THE 17T.H JUDICIAL DISTRICT COURT OF CALZFORNIA, A C5'R7'ZFIED COPY OF WHZCfi IS RECORDED IN BOOK 28, 2A,E 158 OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER AND OF THE LAND ALLOTTED TO MARIA PERALTA DE ALVAREZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUllGMENTS OF SAID 17TH JUDICIAL UISTRICT CUURT, DESCRIBED AS FOLLOWS: BEGINNING AT A'X° IN THE PAVEMENT [4ARKING THE I~iTERSECTION CF THE CENTERLINE OF THE SANTA ANA CANYON ROAD AS SURVEYED IN 1926 BY THE COUNTY OF ORANGE WITiI THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1 OF MRS. BUSH'S SUBDIVISION~ SAID POINT BEING 30.00 FEET NORTNERLY FR0~1 THL• NORTHWE^uT CORNER OF LOT 1 OF TRACT NO. 936~ AS SHOWN ON A MAP RECORDED IN BOOK 30, YNi;c;5 1 AIvU "t UF' M.L~CELLANEUUS MAPS~ RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0° 12' 30" WEST ALONG SAID EXTENDED LINE AND ALOtJG THE EASTERLY LINE OF SAID LOT 1 OF MRS. BUSH'S SUBDIVISION AND THE NORTHERLY EXTENSION THEREOF 1251.74 FEET~ MORE OR LESS~ TO THE SOUTHEAST COFtNER OF THE LAND DESCRIBED IN THE DEED TO ORANGE COUNTY WATER DISTRZCT~ RECORDED AUGUST 29, 1940 IN IIOOK 1059~ PAGE 193 OFFICIAL RECORDS, SAID POINT BEING , 28.54 FEET NORTH 0° 12' 30' WEST FROM THE NORTHEAST CORNER OF SAID LOT 1 OF bIRS. BUSH'S SUBD'IVISION; THENCE NORTH S1° 42' 05" WEST 186.55 FEET ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED; THENCE NORTH 84° 29' S5' WEST 233.25 ; FEET ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED~ SAID POINT BEING 23.50 FEET NORTH 0° 15' 30" WEST FROM THE NORTHWEST CORNER OF' SAZD LOT 1 OF MRS. BUSH'S SUBDIVISION; THENCE SOUTH 0° 15' 30' EAST 1322.41 FEE'!' ALONG THE NORTHERLY _ EXTENSION OF THE WESTERLY LINE OF SAIJ LOT 1 OF MRS. BUSH'S ' SUBDIVISION AND ALONG THF. WES`lERLY LINE AND THE 40UTHF.RLY EXTENSION THEREOF TO THE CENTER LINE OF SAiD SANTA AN7~ CANYON ROAD; THENCE NORTH 87° O1' 00" EAST 415.46 FEET TO THE POINT OF BEGINNING. QD487r p~g5-90 ::{ q:~4 ySe.:.._:._.___._.._ . .,. ... . ._. . ..... _... ~ ~-. EXCEPTING THERF:FROM THAT PORTION LYING NORTH OF THE SOUTH LINE OF THE hiAIN CANAL OF THE SANTA ANA VALLEY IRRIGATION COMPANY. ALSU EXCEPTING THEREFROM TFIE PORTION CONVEYED TO SANTA 4NA VALLEY IRRIGATION COMPANY BY DEED kECORDEU JOLY 18~ 1934, AS I:lSTRUMENT NO. 16235, IN BOOK 685~ PAGE 255, OFFICIAL RECORDS. ALSU EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED R~'CORDED MARCFI 2, 1948~ ?~u INSTRU6IENT ND. 9162, IN IIOOK 1731, PAGE 517, OFFICIAL RECORDS, NOY'E. PART OF SAID LAND IS WITHIN TRACT N0. 4958~ AS PER p1AP RECORDED IN BOOK 208, PAGE 48 OF PIISC6:,LANEOUS MP.PS~ IN THE OFFICE UF iHE COUNTY RECORDER OF SAID ORANGE COUNTY. PART 2: THAT PORTION JF THE LAND l,LLOTTED TO THE HEIRS OF DOPIINGUEZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOfi 'R• OF JUDGMENTS OP THE 17TH JUDICIAI~ DISTRICT COURT GF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTIOP7 OF THE NORTHERLY PRO:.ONGATION OF THE WEST LINE OF' LOT 1 OF TRACT N0. 936, AS PER MAP RECORDED IN BOOK 3G, PAGE 1 OF DIISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH TH~ CENTER LINE OF SAHTA ANA CANYODI ROAD AS SHOWN ON SAID MAP; THENCE NORTH 87° O1' 00" EAST~ 1252.00 FEET ALONG SAID CENTER LINE; THc,NCE NORTH 0' 34' UU' WEST, 1170.88 FEET; THENCE SOUTH 85° 54' 35' WEST~ 650.52 FEET; THENCE SOUTH 85° 54' 35" WEST~ 650.52; THENCE NORTH 82° 47' 30" WEST, 599.10 FEET TO 't[iE WEST LINE OF SAID ALLOTPtENT; THEP]CE SOUTHERLY 1264.$0 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. EXCEPTING THEP.EFROPf iHAT PORTION THEREOF CONVEYED TO THE SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934~ iN bGGh yb5, YAGE 255, pFFICIAL RECORDS. ALSO EXCEPTING THEREF'ROt4 THAT PORTION THEREOF INCLUDED WITHIN THE BOUNDARIES OF THE LAND CONVEI'ED TO ORANGE COUNTY WATER DISTRICT BY DEED RECORDED OCTOBER ~9~ 1938, AS INSTRUMENT N0. 29600, IN BOUK 951, PAGE 579~ OFFICIAL RECORDS. . ALSO EXCGpTING 7'HEREFR061 THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SNTERSECTION OF THE NORTHERLY PROLONGATIOIJ OF THE EASTERLY LINE OF SAIil LOT 1 WZTH SAID C6NTER LINE; TfiENCE SOUTH 87° 16' 00" WEST, 446.10 FEET ALONG ; SAID CENTER LINE TO THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 1; THENCE NQRTH 0° 02' Op• WEST~ 44.18 FEET ALONG SAID PROL~ONCATION; THENCE NORTH 87° 39' 38" EAST TO THE SOUTHERLY LINE OF THE LAND DESCi2IBED IN THE DEED TO THE SANTA ANA VALLEY IRRIGATION CODIPANY~ RECORDED IN BOOK 685~ PAGE 255~ OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID SOUTHERLY LINE ON '; A CURVE CONCAVE NORTHERLY~ HAVING A FADIUS OF 355.00 FEET TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE ON SAID LOT 1; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF ~ BEGINNING. s~ -2- PC85-90 ~'a^^~~" K •;;; , .. . _ _ :. _.......~. ,, . . AL50 EXCEPTING THEREFROM THAT PORTION LYING NORTH OF THF, SOUTH LINE UI' THE MAIN CANAL UF THE SANTA ANA VALLEY IRRIGATION COMPANY. ALSO EX~~EPTING THEREFROM ALL GA;;, OIL~ MINERAL AND HYDROCARBON SUBSTANCES BELOW A DEPTH OF 50C E'EET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY UPqN t1NY PORTION OF THE SURFACE AE30VE A DEPTH OF 500 FEt:T FOR THE PURPOSE OF EXPLORING FOR~ gORING~ D1INIhG, DRILLING, REMOVING~ EXTRACTING OR PIARKETING SAID SUBSTANCES, AS RESERVED BY MABEL ANN YORBA, A WIDOPI, IN THE DEED RECORDED JANUARY 25~ 1963. ALSO EXCEPTING THEREFROM ALL RIPARIAN RIGH'PS ATTRIBUTABLE TO SAID LAND AS RESERVED BY MABEL ANN YORBA, A WIDOW~ IN 4'HE DEED RECORDED JANUARY 25~ 1963. PARCE:, 3: ALL THAT CERTAIN REAL PROPERTY LYING WITHIN TH~ LAND ALLOTTED TO THE HEIRS OF DOMINGUEZ AND TO THE HEIRS OF LEANDRO SERRANO IN THE DECREE OF PARTITZON OF THE RANCkiO SANTSAGO DE SANTF, ANF~ RECORDEU IN BOOK 'B"~ pAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, AND WITHIN LOT 1 OF PiRS. BUSH'S SUBDIVISION OF A PORTION OF THE BUSH TRACT PER TRE MAP RECORDED It: BOOK 3G, PAGE 52 OF' MISCEL~ANEOUS RECORDS OF SAID LOS ANGELES COUNTY, SHOWN AS "S, A. ~. I, CANAL', 46.00 FEF,T IN WZDTH~ ON THE MAP 0[' TRACT N0. 4958 RECORDED IN BOpK 208, PAGES 48, 49 AND 50 OF FIISCELL•ANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. WHEkEAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 1, 19t35, at 1:30 p.m., notice of said PUblic hearing having been duly 9iven as required by law and in accordance with the provis~ons of the Anaheim Municipal Code, Chapter 18.03, to heac and consider evidence for and anainst sa9d p~r~r~~ed ~~ariance and tu investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due i~spectior., investigation and study made by itself and in its behalf, and after due consideration of all evidence and ceports offered at said hearing, does find and determine the following Lacts: 1• That the petitioner proposes waivers of the following to construct two (2) 19-foot high, one (1) story commereial offi.ce buildii~gs with waivers of the follo~ing: (a) SECTION 18.84.062.011 - Minimum buildinq setback (100 feet required adiacent ko Santa Ana Canvon Road; 20 to 36 feet proposed) (b) SECTIGN 18.84.062.0142 - Minimum landscaoed setback l10 feet required adiacent to north pronertY line; 3 to lU feet proposed) '3' PC85-90 ' Z• That the above-mentioned waivecs are hereFy granted on the that there are special circumstances applicable to the shape, topo9c~phy, location basis and surroundin s Pr°pertY such as size, identicaliy Loned property in the same vicinit ~~hich do ^ot a of the Zonin Y; and that stricPly k~ other 9 Code deprives the property of pr.ivileges enjoyed pblication properties in the identical zone and classification in the vicinit the subject property has a very narrow de th ~' other Road. p as measured frcm Y' and that Santa Ana Canyon 3• That this variance is hereby granted subject tc the stipulation at the public hearing to reduce the size of on the eastern Petitioner's property line in ordec to "B~ilding B" located buildin9 setback frorti the allow a minimum twent northern propecty line. Y~2~1 foot 4• That there are exceptional ~r conditions applicable tc the property involved or extraordinacy circumstance~ or property that do not apply generally to the to the intended use of the same vicinity an~ zone. Aroperty or class of use in the 5• That the requested variance is ner.essary for the enjoyment of a ~ubstantial propecty riyht possessed b same vi.cinit Preservation and Y and zone, and denied to che Y other property in the prOp''-rtY in question. 6• That the requested variance will r,ut be materiall the public welfare or injurious to the propect ~icinity and zone in which Y detrimental to the propert y°L improvements in sqch Y is located. 7• That 8 persons indicated their presence at said public hearing in ~Pposition; and that a petitiun containing approximately fifty-five Signatures Wa~ ceceived in opposition t~, subject petition. (55) ENVZRp_NMEN2'AL Ih1pq~T FINDING: Commission has - the That the Anaheim Cit reviewed proposal to Y Planning Low-Density Residential land use ~hange the current General Plan; y sublecttion to Commercial ProEessional on Sthe (kesidential/A a~~ reciassif ~ ~ Scenic Corr' (Commercial, grF~ultutal ldo~°p~rty from the RS-A-43,000(SC) f-icc .,nJ rrotessional ~nt~~~~' ""'e to the CO(SC) construct two (2~ 19-foot hi h ~ Scenic Corridor Overla Wai~ers of min' g~ one (1) story commerciril office buildingsewith imum building setback and minimum land~caped setback; aPArove tl~e removal of one (1) specimen tree on an irregularl of land consisti^ and to ~t g of approximately 1.8 acres located at the northeast pa~cel Santa Ana Canyon Ro~d and Pinney Drive; and does hereb N"9ative Declaration u on corner Declaration to p finding that it has considered ythe p~ove t,ye 9ether with any comments received during ~~,~ Negative process and Eurther fin6ing on the ~asis of the initial study a~d uanic ceceived that there is no LeView substantial evidence that the oroject W~Y~c~~ents significant effect on the envircnment. liave a NOW, THEREFORE, BE IT RESOLVED that he An~he'- Commission does hereby grant subject Petition for Variance conditions which City Planning Araposed use of ~re hereby found to be a nece~sar ~ rhe following 9enetal welfare the subject property in order y pr ~isite to the of the Citizens of the Cit to oreserve :he safet Y of Anaheim: Y and 1. That thet=eeer of su9jpuiPosesealonshall pay to the City of Anaheim ~ fee Eor plantin Dcive in an amount as determined b 9 Santa Ana Canyon Road and Pinney Y t4e City Council. i -9- ~ .._ __._-. PC85-90 : :.: ; .. .. ~,~u u5e .;,.;, ~ . , ; ~-.~. . .. - . . .. _ . .. ~ . ....... ~~--- ~~... . . . e~•r. Z, That prior to issuance of a building permit, the appropriate rraffic signal assessment fee sha11 be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildings. 3, That prior to issuance of a building pecmit, primacy water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilitie~ Genecal Manager. 4, That all drivewuys shall be constructed to accommod~te ten (10) foot radius curb returns as required by tne City Traffic Engineec. 5, That drainage of subject property shall be di~pose9 of in a manner satisfactory to the City Engineer. 6, That in the event subject propecty is to be divided for the purpose of sale, lease, or financ:ny, a parcel map to record the approved division of subject pcoperty shall be subMitted to and approved by the City of Anaheim and then be cecorded in the Office of the Orenge County Record~r. 7, That subject property shal.l be ~erved by underground utilities. g, That prior to commencement of structural framing, fire hydrants shall be installed anb charged as required and determined to be necessary by the Chief of the Firc Lepartment. q, That trash storage areas shall be provide~ and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. In addition, the trash storage area indicated on F.xhibit No. 2 shalJ. be relocated southe[ly away from the single-family ~~sidences to the north to l•he satisfaction of the St:eet t9ainten~nce and Sanitation Division. 10. That gates shall not be installed across any driveway in a manner which may adver~Aly affnr.t v~hical~• tta_f:c ir. the adjscer.t public street. Inatallation of any yates within a distance of forty (40) feet from said public street right-of-way shall be subject to the review and approval of the City Traffic Engineer. 11. That fire sprinklers shall be installed as required by the City Fire Marshall. lZ, That all air conditioning facilities ~hall be pcoperly shielded from view, and the sound buffered from adjacent residential properties. 13. That the proposal shall comply with ali signing requirements of the CO(SC) 2one, unless a variance allowiny sign waivers is approved by the Planning Commission or City Council. 14. That a 6-foot high masoncy block wall shall be constructed and maintained along ~he northerly property lines. -5- PC85-90 ,, k, ?~9 15. That any proposed parking acea lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away Lrom adjacent property lines to pcotect the reside~tial integrity of the area. ~,i~ e.. _ . . . . . , 16. That •tice busters" shall be installed to the satisfaction of the City Traffic Er~gineer to prevent wrong-way vehicular traffic entering and exiting the property. 17. That, as required 6y the City TcafEic Engineer, all landscaping adjacent to the driveway areas shall be planted and maintained with 1ow-growing plant materials to ensure a clear line of sight for vehicles enterin9 and exiting subject property. 18. That an exterior security lighting plan shall be reviewed and approved by the Anaheim Police Department. 19. That the ownec of subject property shall present evidence to the satisfaction of the City Engineer that the former S.A.V.i. Canal on subject property has been properly subdivided from the cemaining off-;ite portions of said canal. 20. That the specimen tree removal shall be subject to the tree preservation :egulations in Chapter 18.84 of the Anaheim Mur.icipal Code, the "SC" Scenic Corridor Overlay Zone. 21. That, as specified in Anaheim Municipal Code Section No. 18.84.062.032, no roof-mounted equipment, whatsoever, shall be permitted. 22. That this Variance is granted subject to the adoption of the 2oning Urdinance in connection with Reclassification No. 84-85-28, noW pending. 23. That subject property shall be developed substantially in accordance with plans and speciEicaticns on file with the City of Anaheim marked Exhibit Nos. 1 through 5; provided, however, that the size of 'IIUilding B' located near the eastern property line, shall Le reduced in order to allow a minimum 20-foot wide building setback fron the northern property line. 24. That prior to issuance of a building permit, or within a period of one year from the date of this cesolution, whichever occurs first~ Condition Nos. 1, 2, 3, 18, 19 and 22, 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. 25. That prior to final buildin9 and zoning inspections, Condition Nos. 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 17, Zp, Z1 and 23, above-mentioned, shall be complied with. -6- PC85-90 BE IT FURTHER RcSO~VED 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 heceinabove set forth. Should any ~uch condition, oc an; pact thereof, be declared invalid or unenfocceable by the final judgment of any court of competent jurisd~ction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FUREGOING RESOLUTION is si9ned and approved)by me this lst day of April, 1985. / ~ ~~ci'lJ / ~t'.:y ~ J ~/ -CHAIRMAN, ANAH$IM'G,TTY PLANNING COMFIISSZON ATTEST: 6~~ ~ ' SECRETAR ~ ANAHEIPI CITY PLANNING COFIMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY ON ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing re~olution wa~ passed and adopted at a meeting of the Anaheim City Planning Commission held on April 1, 1985, by the fol7.owing vote of the members thereof: AYES: COMMIS:;IUNERS: BOUA.i, FR't, HERBST~ KING, LA CLAIRE, MC BURNEY NOES: CUMMJSSIONERS: BUSHORE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this lst dav of April, 19ti5. , ~~,...~ .~ ~~w - ECRETARY~ ANAHEIM CZTY PLANNING COMMISSION -7- PC85-90