Loading...
1982-065 RESOLUTION NO. 82R-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3246. . .",......-...'\ WHEREAS, after a request for variance by FRED L. STEVENS, ET AL., owner; ANACAL ENGINEERING COMPANY, agent, 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. 3246 was granted covering the fOllowing described property: Tentative Tract 10624, being a subdivision of the following described land: PARCEL A: Parcel 4 as shown on a map recorded in Book 75, Pages 1 and 2 of Parcel Maps, records of Orange County. PARCEL B: Those portions of of Tract No. 117, as per map Page 15, Miscellaneous Maps, County, described as follows: lots 8, 13, 14 and 15 recorded in Book 11, records of said Orange ,t#~ Beginning at the Northwest corner of Lot 4 of said Tract No. 117; thence South 0 degrees 33' 00" East 324.97 feet along the Easterly line of said Lot 14 to an angle point; thence South 23 degrees 001 00" East 289.55 feet along the said Easterly line to an angle point; thence South 59 degrees 221 30" East 107.00 feet along said Easterly line and its South- easterly extension to the Southerly corner of said Lot 4, being also the most Easterly corner of said Lot 8; thence following the Southwesterly line of the land described in Parcel 1 of the deed to Maxam Farms, recorded July 2, 1947, in Sook 1535, Page 117, Official Records, the following courses and distances; South 60 degrees 39' 30" West 23.09 feet, South 87 degrees 53' 20" West 106.12 feet, North 69 degrees 55' 30" West 313.46 feet to the Southeast corner of said Lot 13, North 6 degrees 40' 50" East 120.68 feet to a 1 1/2" iron pipe, North 47 degrees 40' 40" West 76.17 feet to a 2" x 2" redwood stake; thence North 61 degrees 431 00" West 191.44 feet along the next course of said line of Maxam Farms and its Northwest- erly extension to a 2" iron pipe at the intersection of the said Northwesterly extension with that course of the said deed described as "North 1 degree 43' West 199.37 feet"; thence along last said course North 1 degree 431 00" West 114.82 feet to an iron pipe mark- ing and Easterly terminus of the course described as "North 87 degrees 43' West 68 feet" in said deed; thence leaving said Maxam Farms lie North 67 degrees 271 52" East 461.83 feet to the point of beginning. -1- ~ '""",,, Said land is included within the area shown on a map recorded in Book 17, Page 3, Record of Surveys, in the office of the County Recorder of said Orange County. ~ PARCEL C: Those portions of Lot 13, 14, 15, and 16 of Tract No. 117, in the County of Orange, State of California, as per map recorded in Book 11, Page 15 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the Southwesterly line of the land described as Parcel 1 in the deed to Maxam Farms recorded July 2, 1947, in Book 1535, Page 117 Official Records, North 87 degrees 43' West 31.05 feet from an iron pipe marking the Easterly terminus of that certain course cited as "North 87 degrees 43' West 68.00 feet" in said deed; thence along said Southwesterly line of Maxam Farms the following course: South 87 degrees 43' East 31.05 feet to said iron pipe, South 1 degree 43" East 114.82 feet to a 2 inch iron pipe set at its intersection with the Northwesterly prolongation of that course de- scribed in said deed as "North 61 degrees 43' west 138.93 feet"; thence along said Northwesterly prolongation and course South 61 degrees 43' East 191.44 feet to a 2" x 2" redwood stake, South 47 degrees 40' 40" East 76.17 feet to an iron pipe, South 6 degrees 40' 50" West 120.68 feet to the Southeast corner of said Lot 13' thence leaving said Southwesterly line of Maxam Farms and along the Southerly line of said Lot 13, the following courses: South 69 degrees 10' 30" West 164.24 feet, South 4 de- grees 09' 20" West 20.00 feet, South 58 degrees 28' West 133.32 feet, North 77 degrees 45' 30" West 276.43 feet, North 52 degrees 09' West 253.91 feet, North 25 degrees 56' West 75.40 feet; thence leaving said Southerly line of Lot 13, North 71 degrees 42' East 379.06 feet; thence North 53 degrees 15' 06" East 208.39 feet to the point of beginning. Except that portion thereof described as follows: Begin- ning at an iron pipe in the Southwesterly line of the land described in Parcel 1 of the deed to Maxam Farms, recorded July 2, 1947, in Book 1535, Page 117 Official Records, said pipe marking the Easterly terminus of the course described in said deed as "North 87 degrees 43' West 68.00 feet"; thence along the said Southwesterly line South 1 degree 34" East 114.82 feet to a 2 inch iron pipe Which is the true point of beginning; thence continuing along said Southwest- erly line South 1 degree 43' East 84.55 feet to an angle point, North 36 degrees 17' East 73.94 feet to the North- westerly terminus of the course described in said deed as "North 61 degrees 43" West 138.93 feet"; thence North 61 degrees 43' West along the Northwesterly prolongation of last said course to the true point of beginning. -2- ~ Also except that portion thereof lying Westerly of the following described line: ~", Beginning at a point on the Southwesterly line of the land described as Parcel 1 in the deed to Maxam Farms recorded July 2, 1947, in Book 1535, Page 117, Official Records, North 87 degrees 43' 00" West 31.05 feet from an iron pipe marking the Easterly terminus of that cer- tain course cited as "North 87 degrees 43' West 68.00 feet" in said deed, being also the most Northerly angle point of the land described in Parcel 1 of a deed of trust recorded May 28, 1959, in Book 4733, Page 111, Official Records; thence South 53 degrees 15' 06" West 78.39 feet along the Northerly line of said land so de- scribed, to the true point of beginning; thence South 1 degrees 43' East 311.30 feet; thence South 61 degrees 43' East 165.01 feet to angle point in the Southerly line of said Lot 13; 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 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 privi- leges 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 13 lot, RS-HS-22,000(SC) (Residential, Single-Family, Hillside-Scenic Corridor Overlay Zone) subdivision on the property hereinbefore described with waiver of the following section of the Anaheim Municipal Code: SECTION 18.23.061.010 Minimum lot area. (19,000 sq. ft. net area required; 2 lots of 16,016 sq. ft. and 17,460 sq. ft. proposed) ,- That said variance be granted subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1. -3- ....... -. .- ,..,. '';. 2. That the private roadway identified as "A" Street on Tentative Tract Map No. 10674 shall be designed, improved and main- tained in a manner so as to not provide through vehicular access be- tween Eucalyptus Drive and Martella Lane and that a crash gate shall be installed on "A" Street to prevent such th'rough vehicular access except by emergency vehicles. Equestrian acc~ss shall be provided along "A" Street to connect the equestrian easement as shown on said tract map to Martella Lane. 3. In the event the design of "A" Street in the manner herein- above specified results in the creation and maintenance of an unpaved area of "A" Street, said unpaved area shall be improved and maintained with a decomposed granite roadway for emergency vehicle use in a man- ner approved by the Fire Chief of the City of Anaheim. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants' compliance with each and all of the con- ditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the-final judg- ment 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 2nd da f February, 1982. ATTEST: LINDA D. ROBERTS, CITY ~?Z~ DEPUTY CITY CLEJ:O( .OF THE CITY OF ANAHEIM JJ..kJ : fro /.......-.\ -4- - STATE OF CALIFORNIA ) COVNTY OF ORANGE ) s s . CITY OF ANAHEIM ) .~ I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that th~ foregoing Resolution No. 82R-65 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 2nd day of February, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour NOES: COUNCIL MEMBERS: None ABSUT: COUNCIL MEMBERS: Roth ANP I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said ReiJ.Olution No. 82R-65 on the 2nd day of February, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of February, 1982. LINDA D. ROBERTS, CITY CLERK BY ~ 'lt~ DEPUTY CITY CLERK (StAL) I, LINDA D. ROHHRTS, City Clerk of the City of Anaheim, dG hereby certify that the foregoing is the original of Resolution No. 82R~65 duly pa~g~d and adopted by the Anaheim City Council on February 2, 1982. LINDA D. ROBERTS, CITY CLERK BY ~~_ ~~ DEPUTY~ITY CLERK ~ -