PC 72-150r ~ ' ~ ~
RESOLUTION NO. P~ 72-150
A RESOLUTION OF THE CITY PLAN;IING COtdMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR VARIANCE N0. Z391 BE DENIED
WHEREAS, th City Plannin~ Commisaion of the Ciiy of Aneheim did receive a vecified Petitlon for Varience from
R..JOSEPH MAA6, 57~1 Ladera Vista Drive, Full=rton, Califor~ia 92631~ Owner; ANACAL ENGINEER-
ING CO., P. 0. Box 3668, Anaheim, California 92803, Agent of certain real property situated
in the City of Anaheim, County of Orange, State of California, described ir Exhibit "A"
attached hereto and referred to herein as though set forth in full.
WHEREAS, the City Planning Comniisaion did hold a public hearing at the City Hell in the City of Anaheim an
July 10, 1972 at 2:00 o'clock P.M., aotice of said public hearing heving been duly given es cequi:ed by
lew end in accocdence with the pcovislons of the Aneheim Municipel Code, Chepter 18.68, to hear and consider evidence for
and ageinst said proposed veriance end to investiQete end mr~:ce findings end recommendations ln connection therewith;
end
WHEREAS, eaid Commission, efter due inspection, investigetion, end study made by itself end in its behelt,
end efter due considerntion of all evid~nce ond ceports offeced at said hearing, does find end determine the following
fects:
1. Thetthepetitionerrequests variances from the Anaheim Municipal Code as follows, in order
to subdivide subject property into 102 R-1•Zoned lots: .
a, SECTION 12.24.0 0 4-a - Minimum Lot Area
~ (7200 square feet required;.6000 square feet
proposed).
b, ~L'C'fION 18.24.030(4-a) - Minimum Lot lvidth
( 0 feet required; 60 feet proposed)
2. That the proposed lot sizes and widClis would not be in conformance with the
development in this general area and would establish an undesirable and danyerous pre-
cedent for similar requests for development thoughout the Santa Ana Canyon.
~. That the homes proposed for the size lots would be too large and would be
creating the same types of problems which the City has been experiencing in areas where
large homes have been constructed on 5000 square foot lots.
4, That although the northerly 13 acres of the property had a resolution of intent
for R-3 Zoning approved in 19b7, the pelitioner has not complied with the conditions that
would complete the reclassification.
5. That as a result of evidence which had been pre'sented to the City, the
Planning Cortenission and City Couocil have recently reaffirmed their thinking as to the
General Plan designa*_ion of low density residential development for this area in
the Santa Ana Canyon,
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Title T~1~uranLa ~ai~~1 `~'rust l~onY~ur.~
BOO NORTH MA~N STREET • P. O. BOX 80 • aF'.NTA ANA. CALIF7RNIA A2702 • TELEF~h10NE ~'!`"~- ~~ ~'+-"'~~~33
OUR ORQER N0. 507310
R~c~~~,iED
CEB 1'(19~2
pNACAL ~NGINEERING C0.
P~n
IN RESPOySE TO THE ABOVE REFERENCED APPLICATION FOR A POLECY OF TITLE
INSURANCEo 7ITLE INSURANCE AND TRUST COMPANY HEREBY REPORTS 7HAT IT
TS PREPARED 70 ISSUE~ OR CAUSE 70 BE ISSUED~ AS OF 7HE DA7E HEREOFo
A ~ALIFORNIA 6AND TITLE ASSOCIATIQN S7ANDARD COVERAGE FOR1d POLICY CF
TI7LE ItdSURANCE DESCRIBING THE I.AND AND THE ESTATE OR IN7EREST
7HEREIN HEREINAFTER SE7 FORTH~ INSURING AGAINS7 LOSS WHICH MAY BE
SUS7AIMED BY REASON OF ArlY DEFECT, LIEN OR ENCU~4BRANCE NOT SHOWN OR
REFcRRED TO AS AP~ EXCEPTION BELOW OR NOT EXCLUD~D FROM COYERAGE
PURSUAN7 TO THE PRIN7ED SCHEDULES~ CONDI7IOIJS AND S7IPULATIONS OF
SAID POL.ICY FORM. .
THIS REPORT~ AND AN1` SUPPLEMENTS OR AMENDMENTS 7HER~TOo IS ISSUED
T~TL~YINSURANCEpAND~NO LIA6ILITYTISIA5SUMEDIHEREBY~ ~IFAIT I~CY Of
OFSTI7LETINSURANCE~IAYBIN ERSORECOMMITMENT SHOULD$BENREQUESTi;D.~ICY
DATED AS OF 7:30 A.M. ON FEBRUARY 14~ 1972.
~ _ , =~- - ----~-_~...._.."'
Re R. 501.'tOW~ TITLE OFFICER
THE E57a7E OR INTEREST fN THE LAND HEREINAFTER DESCRISED OR
9~.,
REFERRED TO CQVERED BY THIS REPOR7 IS: 0,~`1~~sra~;>~
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A FEE. ~'
7ITLE TO SAID ESTATE OR INYEREST AT THE DATE HEREOF IS"a'VESTED ;INt
1~, q~~,.:'%'rG
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RTCHARD ~OS~PH MAAGo A MARRIED MANo WHO P.CQUIRED TITLE AS A~JSINGL'c
A'IHNp AS TO AN UNDIVIDED 1/2 INTER[ST AND RICHARD JOSEPH MA.4Gt:AS• •
7RUSTEE WI7H POWER TO SEI.Lo UNDER THE WILL OP ROSE MARY BI;DI.ONGo
COiPYA7HERE0FDBEING RECORDED ~INSBOOKU84i31 PAGE~F~OISTOFFICIALERECORDS,
AS 70 AN UNDIV:DED 1/2 IN7EREST.
• • . Vf1i~ltii'Zi,C ~VO. ~ 3~'..~.~..._.~..~._..=
50731~ PAGE 1
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SAID UEED PROVIDC•S THAT NO BUILDIN6`i flR STRUC7URES 511A1.L I3E
ERECiED ON SAID EASEMEN7o .
g, AN EASEMENT 10 FEET IN WIDTH OV'ER A PORTION OF SAID LAND
FOR INGRE55 AND EvRESS AS GRANTED 1'0 THE PACIFIC YEL£PHONE AND
PAGEG212o OFFICIAL~R~CORASREUPONETI.iEUTERMS~ANDSCONDIT~ON525ET ~
FORTH THERE2~4.
9, •A DEED OF 'fRUS7 70 SECURE AN 1INDEBTEDNESS OF 571/800p00a
AN~ ANY 0'fHE-R AMOUN75 PAYAB[:t` UMDrR 7HE TOFFICIALRRECORDSyOCOVERING
NOVEMBER 22y 1966 IN BOOK 8109 PAGE 1730
SAID I.AND AND 07HER PkOPERTI',
DATED ° NOVEMBER 18D Z966.
TRUS70R ': HOWARD L. BUDLONG~ AS EXECUTOR OF THE~WILL OF ROSE MARY
BUDLONG~ DECEASED~ WHO ACQUIRED TI7LE AS ROSE MARY MAAG~
ACTING PURSUANT TO AND UNDER THE AUTHORITY OF AN ~7RDER
OF THE SUPERSOR COURT OF THE S7ATE OF CALIFORNIAo IN
AND FOR THE COUNTY OF ORANGE~ MADE ON OCTOBEft 21, 1966~
• IN THE MATTER OF THE ESTATE AFCERTIFIED COPY~OFGTNE
DECEASED, CASE ~10. A-52339~
ORDER BEING RECORDED IN THE OFFICE OF THE RECORDER OF•
' SAID COUNTY CONCURRENTLY HEREWITHj HOWARD !.. BUDLONG~
A WIDOWERj RICHARD JO5EPH MAAGD A MARRIEO MAN DEAI.ING
h~I7H HIS SOLE AND SEPARATE PROPER7Y.
7RUS7EE S THE FEDERAI. LAND BANY. OF BERKELEYy A CORPORATIONe
BENEFICIARY: THE FEDERAL•I.AND BANK OF BERKELEY~ A CORPORATLON.
D~SCRI?TION
PARCEI. 1: ___,,,~_..--.~....-.,r.------~--" --__~. ._.__..
_-=--------_---
THAT POR7ION OF LOTS 1 AND 2 OF THE DOMINGUEZ ESTATE~ INASHPER MAP
CITY OF ANAHEIM~ COUNTY OF OR,ANGE STATE OF CALIFORNIAo
COUN~7YIRECORDER OFGSAID COUN~YyRC1ESCRIBED~AS~FOLLOW5;OFFICE OF THE
BEGINNING A7 THE SOUTHEAS7 C~DRNER OF SAID LOT 2; THENCE • '
SOU7N 89° ~+6° 00" WES7 1064:4if FEET ALOiVG TNE SOUTH LINE
QF SAYD DOMiNGUE2 ESTATE; THENCE NORTH 0° 16° 30" WEST .
1091.00 FEETj THENCE NORTH 8~9° 50° 00" EASS 671e15 FEET
70 7HE WEST LINE OF 7HE LAtvC~ CESCRIBED•IN THE DEED
RcCORDED I(d BOOK 206 PAGE 2510 OF DEEUS OF SAID ORANGE y>>213~
COUN7Yj THENCE SOU7H 0° 18° 00" EAS7 501.50 FEET 70 THE g~o a~s~
SOUTH4JES?. CORNER OF SAID LAPiDf ThIENCE NORTH 89° 42° 00" ~~ '
EAS7 393a36 FEET ALONG 7f-lE S~OUTH LINE OF SAID LAND TO 'CH~n~' ~,•`~G,~ ~~
EAS7 LINE OF SAIO LOT 23 THE:NCE ~OUTH 0° 18° 00" EAST M FO ~,~ N~
589.20 FEE7 ALONG SAID EAST LINE Td THE POIM? OF BEGENN ~t~.a.~°•~,~(~~~~~' °!
. o °a ^~r ~~
' ~ s`~821d9~,~~: ~~ .
~ va~,iAr~,cE ~a _~~' L--~
• 507310 PAG~ 3
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EXCEPT 7HA7 PORTION THGRCOF INCLUDED WITHIN THE FOLLOWING
DESCRYDGD LAND: I3EGINNIt~G AT A POINT ON TH~ SQUTii LINE
OF SA1D DOtdINGl:E2 E57ATL-f SOU71i 89° ~~G° 00" WEST 1064e44
FEET FFOM 71-{[ SOUTHEAS7 C612NER THEFEOF~ SAIf7 POINl' BETN~
THE SOUTHtA57 CORNER OF 7NE LAt~D DESCRIE3ED IN THE DEED
RECORDEG IN BOOK 52k PAGE 24 OF DEGD53 THENCE NORTH
89° 46° 00" EA57 22.00 FEET ALOtJG SAID SOUTH LI~4Ey THENCE
NOR7H 0° 16° 30" WEST 2302000 FEET PARALLEL WITH THE EAST
LINE OF THE LAND DESCRTDED TN SAID DEED TO THE CENTER
L:NE OF SAN7A ANA CANYON ROAOj THENCE 14ESTERLY 22e85 FEET
ALONG SAID CENTER LINE TO THE NOR7HEAST CORNER OF ~'HE
LAtvD DESCRIBED EN SAID DEED; THENCE SOUTH 0° 16~ 30~~
EAST 2~01.40 FEET TO 7H~ POINT OF BEGINNING. '
ALSO EXCEPT THAT PORTIQN THEREOF LYING EASTERLY OF THE SOU7NERLY
PROLONGATION OF SAID WEST LINE OF THE DEED RECORDED IN BOOK 2U6
PAGE 290 OF DEEDS OF SAID COUNTY OF ORANGE. .
P~RCEL 2:
THA7 PORTION OF L07S 1 AND 2 OF THE OOMINGUEZ ES7A7E~ IN
1'HE CYTY OF ANAHEIM~ COUN7Y OF 0~2ANGEo STA7E OF CALIFORNIA~
AS PER MAP F1LED IN BOOK 2 PaGE 15 OF RECORD OF SURVEYS~ IN 7HE
OFFICE OF THE COUNTY RECORDER OF SAID COUMTY~ DESCRIBED RS
FOLLOWS: .
BEGINNING AT A POINT ON THE WES'f LINE OF THE LAND
DESCRIBED IN THE DEED RECORDED IN BOOK 206 PAGE 290 OF
DEEDS OF SAID ORANGE COUNTY~ NORTH 0° 18° 60" WEST 501e50
FEET FROM YHE SOU7HWEST CORNER THEREOF; THENCE SOUTH •.
84° 50° 00" WES7 671e15 FEET; THENCE NORTH 0° 16~ 30" WEST
1210040 FEET 70 THE CENTER LINE OF SAN7A ANA CANYOH ROADj
1'HENCE NORTH 74° O1° 30" EAST 696.40 FEET ALON6 SAID
CENTEk LINE TO THE WE57 LINE OF THE LAND DESCRIBED IN
SAID DEEDy TtiENCE SOUTH 0° ltf~ 00" EAS7 1400v00 FEET .
Al.ONG SAID WESY LINE 70 THE POINT OF BEGINNING.
EXCEP7 7HAT PORTION 7HEREOF INCLUDED WITHIN Tl1E FOLLOWIPJG
DESCRIBED LAND: BEGINNING AT A POINT ON THE SOUTH LINE
OF SAID DOMINGUEZ ES7ATE~ SOUTH 84° 46° 00" WEST 1064.44
FEFT FF~M THE SOU7HEAST CORNER THEREOF~ SAID POINT BEING
7HE SOUTHEAS7 CORNER OF THH LAND DESCRIBED IN THE DEED ,~~~~1213/; „
RECORDED IN BOOK ~524 PAGE 24 OF DEEDS; THENCE NORTH /,~9 ~~~\,
89° 46° 00" EAST 22.00 F~E'i ALONG SAID SOUTN LINEj 7HENCEJ~~ ~ -Q~~'e~,.
NOR7H 0° 16' 30" h'ES7 2302.00 FEET PARALLEL WiTH THE EAS M 'AF.cGiv~ •~,
LINE OF 7HE LAND DESCRIBED IN SAID DEED TO THE CEN7ER c~ ~o F'i '9~ ~~
LINE OF SANTA ANA CANYON ROADj 1'HENCE WES7ERLY 22085 FEE ~~'~:~%ti~~"p~ .'
ALONG SAID CENTER LINE TO TNE NORTHEAST CORNER OF THE `~oE,, y'°ti ~~ ~
LAND DESCRTBED IN SAID DEEDF 7'HENCE SOUTH 0° 16• 30'~ EASf ~~&2~~~c-~','%'~
2301.~40 FEET TO THE POINT OF BEGINNING. . ~
AL50 EX.CEP7 7HA7 PORTION THEREOF LYING NORTHERLY OF THE
SOU7HERLY LINE OF 7HE LAND ~ESCRIBED IN THE DEED i'0 THE
S7A7'E OF CALIFOR~iIA~ REC6RDE0 bUGUS7 10~ 194t3 IN BOOK
1633 PAGE 547 OF OFFICYAL_RECORDS OF SAID ORANGE CO}1N'Y
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~ _.._._. 507310 RA6E~~4`~Lt 1~.~~-; ,~~~.~.~,..~ `',
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6. Tnat to grant subject petition would be granting a privilege not enjoyed by
other developments in this general area, and that the petitiuner had not proven a
hardship existed in developing this property.
7. 7hat there are no exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do not
apply generally to the prope,rty or class of use in the same vicinity and zone.
8. That the requested variance is not necessary for the preservation ancl enjoy-
nent of a substantial property right possessed by other property in the same vicinity
and zone, and denied to the property in question. •
9. That the requested variance will be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which
the property is located.
10. That three persons appeared in opposition, representing property owners of
single family homes in this general area.
NOW, THEREFORE, HE IT RESOLVED th~t the Anaheim City Planning Commission doee hereby deny subject
Petition for Vaiiance on the b~si: of the aforcme~tloned Eindinas.
THE FOREGOIHG 1tESOLUTIO?7 is ~Iened and ~ppcoved by me thia 20th da~f Ju 1 y, 1972.
ANAHEIM
ATTEST:
~.~/~'(/I'v ~I ~/Z.L~'~/
SECRETARY ANAHEIN CITY PLANNIIIG COMMISSION
STATE OF CALIFORNiA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIAI )
p +CR t bs
I,~~$ecretrcy of the Clty Pl~nning Commisnion of the City oE Anahelm, do hereby cedify that the fore-
~oin~ resolution wes paased ond adopted at a meeting of the City Planning Commission ofthe City of Aneheim, held on
Ju ly 10, 1972 at 2:00 o'clvck P.M., by the following vote of the membere thereof:
AYES: COMMISSIONERS: ALLRED, FARANO, GAUER, HERBST, KAYWOOD, FOWLAND, SEYMOUR
NOES: COMPAISSIONF,RS: N~NE
ABSENT: COMMISSIONERS: NONE ,
IN WITNESS WHEI2EOF, I have hereunto aet my hand this 20th day of July, 1572.
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SECRETARY AhAHCIM CITY PLANNING CQ:AMISSION
RESOLUTION NO. PC 72-150
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