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78-028RESOLUTION DIO. 73R-2$ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTIT~?G VARIANCE N0. 2946. WHEREAS, after a request for variance by EASTER ISLArID, LTD., owner; JAMES i~INCANNON, agent, was received, a public hear- ing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 2946 was granted covering the following described property: PARCEL 1. Those portions of Lot 1 of Mrs. Bush's Subdivision of a portion of the Bush Tract, as per map recorded in book 36, page 52 of Miscellaneous Records in the office of the County Recorder of Los Angeles County, California, of the Third Class Land allotted to Y.Y. de Cota according to a map attached to and made a part of the Decree of Partition of the Rancho Canon de Santa Ana rendered in Case No. 1978 of the 17th Judicial District Court of California, a certified copy of which is recorded in book 28, page 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 Judgments of said 17th Judicial District Court, described as a whole as follows: Beginning at an "X" in the pavement marking the in- tersection of the center line of the Santa Ana Canyon Road as surveyed in 1926 by the County of Orange with the Southerly extension of the East line of said Lot 1 of Mrs. Bush's Subdivision, said point being 30.00 feet Northerly from the Northwest corner of Lot 1 of Tract No. 936, as shown on a map recorded in book 30, pages 1 and 2 of Miscellaneous Maps, records of Orange County, California, thence North 0° 12' 30" west along said extended line and along the Easterly line of said Lot 1 of Mrs. Bush's Subdivision and the Northerly e~~- tension thereof 1251.74 feet, more or less, to the Southeast corner of the land described in the deed to Orange County County Water District, recorded August 29, 1940 in book 1059, page I93 of Official Records, said point being 28.54 feet North 0° 12' 30" West from the Northeast corner of said Lot 1 of Mrs. Bush's Sub- ,,.a.~ division, thence North 81° 42' 05" West 186.55 feet along the Southerly line of the land described in said deed; thence North 84° 29' S5" GTest 233.25 feet along the Southerly line of tine land described in said deed -1- to the Southwest corner of the land described in said deed, said point being 23.50 feet North 0° 15' 30" West from the Northwest corner of said Lot 1 of Mrs. Bush's Subdivision; thence South 0° 15' 30" East 1322.41 feet along the Northerly extension of the West- erly line of said Lot 1 of Mrs. Bush's Subdivision and along the Westerly line and the. Southerly extension thereof to the center line of said Santa Ana Canyon Road; thence North 87° Ol' 00" East 415.46 feet to the point of beginning. Except that portion lying North of the South line of the main canal of the Santa Ana Valley Irrigation Company. Also except that portion of said land conveyed to the Irrigation Company by deed recorded July 18, 1934 in book 685, page 255 of Official Records. Also except the portion of said land conveyed to the State of California by deed recorded March 2, 1948 in book 1731, page 517 of Official Records. Also except that portion of said land lying Westerly of the Easterly line of Pinney Drive as shown on the map of Tract No. 4958, as per map recorded in Book 208, page 48 of Miscellaneous Maps, in the office of the County Recorder of said Orange County. PARCEL 2. That portion of the land allotted to the Heirs of Dominquez in Decree of Partition of the Rancho Santiago de Santa Ana, recorded in book "B" of Judgments of the 17th Judicial District Court of California, described as follows: Beginning at the intersection of the Northerly pro- longation of the West line of Lot 1 of Tract No. 936, as per map recorded in book 30, .page 1 of Miscellan- eous Maps, in the office of the County Recorder of said County, with the center line of Santa Ana Canyon Road as shown on said Map; thence North 87° Ol' 00" East, 1252.00 feet along said center line; thence North 0° 34' 00" T~lest, 1170.88 feet; thence South 85° 54' 35" G7est, 650..52 feet; thence North 82° 47' 30" West, 599.10 feet to the West line of said allot- ment; thence Southerly 1264.80 feet along said West line to the point of beginning. Except that portion thereof conveyed. to the Santa Ana Valley Irrigation Company by deed recorded July 18, 1934 in book 685, page 255 of Official Records. -2- Also except that portion thereof included within the boundaries of the land conveyed to Orange County Water District by deed recorded October 29, 193E in book 951, page 579 of Official Records. Also except that portion thereof described as follows: -~ Beginning at the intersection of the Northerly pro- longation of the Easterly line of said Lot 1 with said center line; thence Soutli 87° 16' 00" West, 446..10 feet along said center line to the Northerly prolongation of the Westerly line of said Lot l; thence North 0° 02' 00" West, 44.18 feet along said prolongation; thence North 87° 39' 38" 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 Southerly line on a curve concave North- erly, having a radius of 355.00 feet to the Northerly prolongation of the Easterly line of said Lot l; thence Southerly along said Easterly line to the point of beginning. Also except that portion lying North of the South line of the Main Canal of the Santa Ana Valley Irrigation Company. PARCEL 3. All that certain land situated in the State of California, County of Orange, City of Anaheim, described as follows: All that certain real property lying within the land allotted to the Heirs of Dominguez and to the Heirs of Leandro Serrano in the Decree of Partition of the Rancho Santiago de Santa Ana recorded 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 Mrs. Bush's Subdivision of a portion of the Bush Tract per the Map recorded in book 36, .page 52 of Miscellaneous Records of said Los Angeles County, shown as "S.A.V.I. CANAL", 46.00 feet in width, on the Map of Tract No. 4958 recorded in book 208, pages 48, 49 and 50 of Mis- cellaneous Maps, records of said Orange County. Excepting therefrom any portion of said land ly- ~°- ing Easterly of the Southerly prolongation of the Easterly line of Lot 13 of said Tract No. 4958 and lying Westerly of the Easterly line of Pinney Drive, 64.00 feet in width, as shown on said Map. -3- 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 surround- ings, 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. 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 the establishment of a six (6) lot subdivision with waiver of the requirement that all lots rear onto arterial streets on the property hereinbefore described with waivers of the following section of the Anaheim Municipal Code: SECTION 18.26.065.010 - Requirement that lots rear onto arterial highcaays. (One .side-on lot proposed) That said. variance be granted subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 76-77-63, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1, Exhibit Nos. 1 and 2. 3. That the building pad elevation for the side-on lot (Lot No. 6} will be approximately eight (8) feet below the street grade of Santa Ana Canyon Road. 4. That a six (6) foot high concrete block wall will be constructed along the property line separating Lot No. 6 and Santa Ana Canyon Road. 5. That all requirements of Council Policy No. 542, pertain- ing to sound attenuation, will be satisfied. 6. That the proposed private street will be realigned to accommodate at least 56 feet of vehicular storage as measured from the curb along Pinney Drive, subject to the approval of the Traffic Engineer. -4- BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such variance permit for good cause or failure of said owner, its successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of January, 1978. ~~ MAY R OF E CI Y OF ANAHEIPI ,, ATTEST: 1~ ~d., may- ~~~; ~ CITY LERK OF THE ITY OF ANAHEII2 JLI~T: fm -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R-28 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of January, 1978, by_the following vote of the members thereof: AYES: COUNCIL MEMBERS: .Seymour, Roth and Thom NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Kott ` AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R-28 on the 10th day of January, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of January, 1978. ~``'' r, ~,~" a-°°-~- 'S ~ J ~~ .~-•' a .. •~ CITY CLE z OF THE CITY F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R-28 duly passed and adopted by the Anaheim City Council on January 10, 1978. CITY GLERY.