86R-159
RESOLUTION NO. 86R-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3541.
WHEREAS, after a request for variance by CHRISTIAN
COMMUNICATION COMMISSION, INC., EVANGEL CHURCH OF SOUTHERN
CALIFORNIA, 925 Signal Ridge Place, Rockwal1, Texas 75087 and
JULY WOODYARD, 1915 Orangewood Avenue, Orange, California 92668,
owner, and VICTOR PELOQUIN/DENNIS CARDOZA, 3445 East La Palma
Avenue, Anaheim, California 92806, agents, was received, a public
hearing before the Planning Commission of the City of Anaheim was
held upon due and proper notice, a result of which Variance No.
3541 was granted covering the following described property:
PARCEL 1:
THAT PORTION OF LOTS 5 AND 6 OF TRACT NO. 10254, AS
SHOWN ON A MAP RECORDED IN BOOK 468, PAGES 19 TO 22
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT
26 OF TRACT NO. 117 AS SHOWN ON A MAP RECORDED IN BOOK
11, PAGE 16 OF SAID MISCELLANEOUS MAPS, TOGETHER WITH
THAT PORTION OF THE LAND ALLOTTED TO NIEVES LOPEZ DE
PERALTA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION
OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED
SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGEMENTS
OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT,
IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, ALL AS
SHOWN ON THAT CERTAIN "LOT LINE ADJUSTMENT PLAN 54"
RECORDED JUNE 24, 1980 IN BOOK 13644, PAGE 1479 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID
LOT 5, SAID POINT BEING DISTANT THEREON NORTH 600 38'
42" EAST 70.00 FEET FROM THE MOST WESTERLY CORNER OF
SAID LOT 5; THENCE CONTINUING ON SAID NORTHWESTERLY
LINE, NORTH 600 38' 42" EAST 110.49 FEET TO THE
WESTERLY TERMINUS OF THE NORTHERLY LINE OF SAID LOT 5;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 890 01' 14"
EAST 22.55 FEET TO THE NORTHEASTERLY CORNER OF SAID
LOT 5; THENCE ALONG THE NORTHERLY PROLONGATION OF THE
MOST EASTERLY LINE OF SAID LOT 5, NORTH 00 48' 58"
WEST 12.96 FEET TO THE SOUTHEASTERLY LINE OF THE LAND
DESCRIBED AS PARCEL 15 IN THAT CERTAIN FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 159982, A
CERTIFIED COpy OF WHICH WAS RECORDED JANUARY 20, 1971
IN BOOK 9823, PAGE 427 OF SAID OFFICIAL RECORDS;
THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 600 38'
42" EAST 52.53 FEET; THENCE SOUTH 120 38' 52" EAST
274.31 FEET; THENCE SOUTH 370 27' 30" WEST 11.21 FEET
TO A POINT IN THE NORTHWESTERLY PROLONGATION OF A
COURSE IN THE EASTERLY BOUNDARY OF SAID TRACT NO.
-1-
.....,.;.~.-~......-..-. 11
10254, SAID COURSE BEING DESCRIBED AS "NORTH 520 32'
30" WEST 19.71 FEET"; THENCE ALONG SAID PROLONGATION
AND SAID COURSE, SOUTH 520 32' 30" EAST 20.00 FEET TO
THE MOST EASTERLY CORNER OF SAID LOT 6; THENCE ALONG
THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 370 27'
30" WEST 128.90 FEET TO A POINT DISTANT 76.14 FEET
FROM THE MOST SOUTHERLY CORNER OF SAID LOT ~; THENCE
ALONG A LINE PARALLEL WITH THE SOUTHWESTERLY LINE OF
SAID LOT 6, NORTH 290 22' 00" WEST 147.67 FEET TO A
POINT IN THE SOUTHEASTERLY LINE OF CAMINO TAMPICO, AS
SHOWN ON SAID MAP OF TRACT NO. 10254, BEING A CURVE
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET,
A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH
710 28' 53" EAST; THENCE NORTHEASTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 770 21' 17", AN ARC
DISTANCE OF 67.51 FEET TO A POINT, A RADIAL LINE
PASSING THROUGH SAID LAST MENTIONED POINT BEARS NORTH
310 09' SO" EAST; THENCE NORTH 00 48' 58" WEST 2.44
FEET; THENCE ALONG A LINE PARALLEL WITH THE
SOUTHWESTERLY LINE OF SAID LOT 5, NORTH 290 22' 00"
WEST 124.77 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE LAND ALLOTTED TO NIEVES LOPEZ DE
PERALTA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION
OF THE RANCHO SANTIAGO DE SANTA ANA, A CERTIFIED COPY
OF WHICH WAS RECORDED SEPTEMBER 12, 1868 IN BOOK "B",
PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE
17TH JUDICIAL DISTRICT, IN AND FOR LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN
PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY
PARCEL 1 OF DEED (C2611) RECORDED IN BOOK 8819, PAGE
398 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE ALONG THE
SOUTHWESTERLY AND WESTERLY LINES OF SAID PARCEL 1,
NORTH 520 33' 28" WEST 31.55 FEET, AND NORTH 120 38'
52" EAST 233.22 FEET, RESPECTIVELY; THENCE NORTH 600
38' 00" EAST 331.63 FEET; THENCE NORTH 760 21' 01"
EAST 207.63 FEET TO THE NORTHWESTERLY CURVED LINE OF
PARCEL 4 (REL-802) OF THE HIGHWAY RIGHT OF WAY
RELINQUISHED TO THE COUNTY OF ORANGE BY RESOLUTION OF
THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED COpy OF
WHICH RESOLUTION IS RECORDED IN BOOK 9989, PAGE 623 OF
SAID OFFICIAL RECORDS, AND AS SHOWN ON A MAP RECORDED
IN BOOK 8, PAGE 17 OF STATE HIGHWAY MAPS IN SAID
OFFICE, BEING CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 3.090 FEET; THENCE SOUTHWESTERLY ALONG SAID
NORTHWESTERLY CURVED LINE AND THE TANGENT PORTION OF
THE NORTHWESTERLY LINE OF SAID PARCEL 4, TO THE POINT
OF BEGINNING.
-2-
THAT PORTION OF THE LAND ALLOTTED TO NIEVES LOPES DE
PERALTA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION
OF THE RANCHO SANTIAGO DE SANTA ANA, A CERTIFIED COPY
OF WHICH WAS RECORDED SEPTEMBER 12, 1868 IN BOOK B,
PAGE 410 OF JUDGEMENTS OF THE DISTRICT COURT OF THE
17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY AND
WESTERLY LINES OF PARCEL 1 OF LAND CONVEYED TO THE
STATE OF CALIFORNIA BY DEED (C2611) RECORDED IN BOOK
8819, PAGE 398 OF OFFICIAL RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID
INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE
ALONG THE NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD
NORTH 370 27' 30" EAST 97.41 FEET TO THE BEGINNING OF
A CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY
ALONG SAID CURVE HAVING A RADIUS OF 3090 FEET, THROUGH
A CENTRAL ANGLE OF 100 22' 07", A LENGTH OF 559.19
FEET TO A POINT IN THE SOUTHERLY LINE OF THE RIVERSIDE
FREEWAY A RADIAL LINE THROUGH SAID POINT BEARS NORTH
420 10' 23" WEST; THENCE ALONG SAID SOUTHERLY LINE
NORTH 760 21' 01" EAST 84.25 FEET TO A POINT IN A
CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE THROUGH
SAID POINT BEARS NORTH 300 23' 35" WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF
974.00 FEET THROUGH A CENTRAL ANGLE OF 150 11' 15", A
LENGTH OF 258.18 FEET TO THE BEGINNING OF A COMPOUND
CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE THROUGH
SAID POINT BEARS NORTH 450 34' 50" WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF
3074.00 FEET, THROUGH A CENTRAL ANGLE OF 60 57' 40", A
LENGTH OF 373.47 FEET; THENCE SOUTH 370 27' 30" WEST
97.41 FEET; THENCE NORTH 520 32' 30" WEST 16.00 FEET
TO THE TRUE POINT OF BEGINNING; 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 public hearing
noticed and held as prescribed by law and, as a result thereof, the
City Council does hereby make the following findings:
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.
-3-
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted permitting a two and three story office building
on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.84.062.011
Minimum structural and
landscaped setback. (100
feet required adjacent to
the Riverside Freeway and
Santa Ana Canyon Road; 10
feet and 69 feet proposed)
Maximum building height.
(Maximum average of 35 feet
permitted; northerly section
of building at 40 feet)
SECTION 18.84.062.031
SECTION 18.41.068
Required site screening.
(6 foot high concrete block
wall required adjacent to
Riverside Freeway; none
proposed)
That said variance be granted subject to the following conditions:
1. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
85-86-19, now pending.
2. That subject property shall be served by underground
utilities.
3. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department.
4. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
5. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer. This shall include
construction of the ultimate drainage facilities from the existing
drainage structures under the Riverside Freeway to the north side
of Santa Ana Canyon Road as required by the City Engineer. Prior
to approval of the storm drain plans, the developer shall agree in
a form approved by the City Attorney's Office to hold the City of
Anaheim harmless from all liability for any and all potential
damage or injury to or on subject property caused by storm water or
flooding.
-4-
6. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
7. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the City
of Anaheim in an amount as determined by the City Council for new
commercial buildings.
8. That prior to issuance of a building permit, the owner of
subject property shall pay the appropriate drainage assessment fee
to the City of Anaheim in an amount as determined by the City
Engineer.
9. That the proposal shall comply with all signing
requirements of the CO "Commercial, Office" and "SC" Scenic
Corridor Overlay" Zone, unless a variance allowing sign waivers is
approved by the Planning Commission or City Council.
10. That any proposed parking area lighting fixtures shall be
down-lighted with a maximum height of twelve (12) feet when located
closer than seventy-five (75) feet to the western property line. A
maximum height of twenty (20) feet shall be permitted elsewhere on
subject property. All such lighting fixtures shall be shielded or
directed away from adjacent residential property lines to protect
the residential integrity of the area.
11. That, as specified in Anaheim Municipal Code Section No.
18.84.062.032, no roof-mounted equipment, whatsoever, shall be
permitted.
12. That a seven (7) foot high block wall, as measured from
the highest adjacent grade, shall be constructed along the west
proper;y line; provided, however, that written concurrence shall
first be obtained from the two adjacent property owners. If
concurrence cannot be obtained, a minimum six (6) foot high block
wall shall be constructed.
13. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 through 6; provided, however, that
there shall be a minimum 3-foot high landscaped berm (as measured
from Santa Ana Canyon Road) in all areas of the front landscaped
setback which area less than 20 feet deep.
14. That prior to the commencement of the activity authorized
under this resolution, or within a period of one year from the date
of this resolution, whichever occurs first, Condition Nos. 1, 5, 6,
7, 8, 10 and 12, 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.
-5-
15. That prior to final building and zoning inspections,
Condition Nos. Z, 4, 10 and 12, above-mentioned, shall be complied
with.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim 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 is approved and adopted by the
City Council of the City of Anaheim this 22nd day of April, 1986.
~e~,
ATTEST:
~~
CITY CLERI ~ ~ CITY OF ANAHEIM
JWF:fm
5242M
052286
-6-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-159 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 22nd day of April, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: Overholt
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-159 on the 22nd day of April, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of April, 1986.
~ 2!v~
CIT~ ; 0; TH CITY OF ANAHEIM
(SEA!..)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-159 duly passed and
adopted by the Anaheim City Council on April 22, 1986.
~-c7:(~
~..-.. o::r .... "'..,...... .:... ~.... ..~ ...~.. .___"___ _,,,,-_.,J... .~_~,.... I"~ "'~_"'.'-'I!-=........~:.....t~."'.~.,"'''''''r.1t '~'..,.~""._."""'''-''''''''''''''