PC 76-247~ ~
RESQLUTION N0, PC76-247
A RESOLiJTION OF THE ANAHEIM CITY PLAN~JINr, C011MISStON
THAT PETITIQN FOR VARIANCE NQ. 2E37$ BE GRANTED.
WHEREAS, the Anahelm City Planning Commission did receive a vcri`ied
Petition for Vzriance from ATCHISON, TOPEKA AND SANTA FE RAILbIAY CO., 121 E. ~th
Street, l~629, Los Angeles, California 90014 and SANTA FE LAND IMPROUEMENT CO., 121 E.
6th Street, ~225, Los Angeles, Cali.°ornia 90014 (Owners); SAN7A FE LAND IMPROVEMENT
CO., 121 E, bth Street, N225. Los Angeles, California 9~014 (Agen'.) of certatn real
property situated Iri the City of Anaheim, County of Orange, State of Californla
described as:
PARCEL 1:
THOSE PORTIONS OF THE THIRD CLASS LAND ALLOTTED TO M. YORBA, TOMAS
YORBA, AND WILLIAM MC KEE~ IN TtiE CITY OF ANAHEIM~ COU~dTY OF ORANGE~
STATE OF CALIFORNIA, AS DES~RIBED IN THE FINAL DECREE OF PORTION OF
THE RANCHO CAP~OP~ DE SANTA ANA RENDERED IN CASE 1978 GF THE 17TH
JUDICIAL DISTP.IC7 COURT OF CALIFORNIA~ A CERTIFIED COPY OF WHICH WAS
P.FCORDED FEBRUARY 8~ 1974 IPl BOOK 28 PAfE 1~8 OF DEEDS, IN 7HE OFFICE
OF THE COUt~TY RECORDEP, OF LOS ANG'tLES COUNTY~ CALIFORNIA~ DESCRIBED
AS FOLLOWS:
BEGINNIDIG AT TNE IN7ERSECTIOM OF 7HE EASTERLY LINE OF LOT 4 SHOWN
ON THE "PARTITION MAP OF THE LANDS OF MARIUS BOISSEP.ANC" FILED IN
BOOK 2 PAGE 39 OF RECORD OF SURVEYS IN THE OFFIC~ OF THE COUNTY
kECORDER OF SAID ORANGE COUN7Y WITH A NORTHERLY f_IhE OF LA PALMA
AVENUE C106.00 FEET WIDE) DESCRIBED I~d THE DEED TO THE COUNTY OF
OP,ANGE RECORDED AS DOCUMFNT N0. 4946 OF OCTOBER 9, 1967 IN B00!C 839f
PAGE 965 OF OFFICIAL RECORDS; WHICH NORTHERLY LINE IS DESCZIBED IN
SAIO DEED AS HAViNG A BEARING OF NOiYTH P9° 115~ 10" EAST AND A LENGTH
OF 1163,11 FEET; THENCE ALONG SAID EAS7ERLY LINE OF LO'f 4 a,r~~ :,L.:~NG
THE EASTERLY LINE OF LOTS 3~ 2 AND 1 OF SAID PARTITION MAP Na'~Th 0°
38~ 09" EAST 1607.81 FEET TO ITS INTERSEC7ION WITH THE NORTHWESTERLY
CURVED LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 122.1
IN THE DEED TO 7HE COUNTY OF ORAN6E RECaRDED AS DOCUIIENT tJO. 17063 OF
JUNE 26, 1967 IN BOOK 829i PAGE 847,rpNCAVE SOUTHEASTERLY HAVING A
P.A~IUS OF 64Q.00 FEET ( A RADIAL TO SAID INTERSECTION BEARS NORTH 69°
OOt 00'~ WESi) THENCE NORTHEASTERLY 10~4.22 FEET ALONG SAID CURVE
THROUGN A CENTRAL ANGLE OF 9° 19~ ~18" TO A POINT OR REVERSE CUP.VATURE
41ITN A CURVE CONCAVE WESTERLY HA'~/iNG A RADIUS OF 560.00 FEET A RADIAL
AT SAID POINT BEARS NOP,TH 59° ~~~ L2" WEST; THEPlCE NORTHERLY 172.27
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1'j° 37t 32t~ 70 THE
SOUTHERLY LIPlE OF 7HAT CERTAI~I PARCEL OF LAND DESCRIBED IN THE DEED
TO THE ATCHI50N, TOPEKA AND SANTA FE RAILWAY COMPANY~ A CORPORATION
P,ECORDED FEBRUARY 19~ 1917 IN BOOK ?_68 PAGE 3~8 OF DEERS; THENCE
ALONG SAID SOUTHERL`! PARCEL LINE NORTH 82~ 55~ 06" WEST 105.87 FEET
TO THE EASTERLY LINE OF SAID L~T 1; THENCE NORTH 0° 38' 09" EAST 5.8,'
FEE? ALONG SAID EASTERLY LINE TO THE NORTNEASTERLY CORNER OF THE LAND
DESCRIBED AS PARCEL 1 IN THE DEEO TO SANTA FE LAND IMPROVEMENT
COMPANY RECOROEG APRIL 30~ 1965 IN ROOK 7502 PAGE 764, OF OFFICIAL
P.ECORDS; THENCE ~~ORTH 86° 35' 44~P wesT 1~.9~+.75 FEET ALONG THE NOR7H-
ERLY L:~4E OF. SAID LAND TO THE 1~OP.THWESTERLY CORNER THEREOF BEING A
POTNT ON THE EASTERLY LINE OF THE LAND QESCP.IBED ON TN~ DEED TO SANTP.
FE LAND IMPROVE~1ENT CQMPANY RECORDED JANUARY 5~ 1965 IfV BOC~K 7368
Pl~GE 933 OF OFFICIAL RECORDSj SAID EASTERLY LINE BEING AL50 7HE
EASTER~Y LINE OF THE PARCEL SHOWN OPJ A MAP FILED IN B~OK 37 PAGE 25
AF.•~RECORD OF 5'JRVEYS~ IN THE OFFICE OF SAID COUNTY RECORDER: THENCE
i~~TH 0° 15~ lE~'~ EAST 119.54 FEET~ ALONG SAID EASTERLY LINE TO THE
R~~ASTERLY CORNER OF SAID LAND BEING A PbINT ON A CUR~/E CONCAVE
SO?1~HL#~LY HAVING A RADIUS OF 5629.65 FEET A RADIAL AT SAID POINT
sEfdAiS, f'iORTH 11° 52~ 56'~ EAST; THENCE 41ESTERLY 394.88 FEET ALONG SAID
CUP.VE l'HROUGH A CENTRAL AtdGLE OF lk° O1~ GS~~; THENCE NOR7H 82o O7t
10~' WEST 613.60 FEET TANGENT TO SAID CURVE TO THE I~ORTHWESTERLY
CORNER OF SAIC !AST MENTIOt~ED LAND; THENCE ALONG THE 41ESTERLY LINE
OF SAID LAND 58° 14' 06~' WEST 2138.01 FEFT TO THE SOUTHWESTER~Y
COP,NER OF SAID LAND; 7HENCE ALGP~G THE SOUTHERLY LINE OF SAID LAND
SOUTN 76° 22~ 25~~ EAST ~453.85 °CET TO THE NORTHERLY LINE OF iHE LAND
DESCRIBED AS PARCEL 133.02 IN THE DEED TO THE COUtJTY OF ORANGE
RESOLU710N NQ. PC7F-247
RECOROED OCTOBER 19~1.~~7 IN BOOK 8409 PAGE 17~bF OFFICIAL P,ECORDS;
. 589° 59' 24'~ EAST 2034.21 FEET ALOPlG SAID NORTHERLY LINE AND ALONG
THE NORTHERLY LINE OF THE LAND DESCRIBED AS PARCEL 135.02 IN THE DEED
TO THE COUNTY OF ORANGE RECORDED OCT08ER 9, 1967 IN BOOK 8396 PAGE
' 965 OF OFFICIAL RECORDS TO THE_POINT ¢F BEBINNING~
PARCEL 2:
Those portions of the third-class land allottr~l t,~ M. '
Yorba and ~nas Yorba in the City of Anaheim, Countj, of Oranye,
State of Calif.ornia, as described in L'inal Decree of, Partition of
the Ft~incho Canon cie Santa Ana rendered in C,ase 1978 oF the 17th
Judicial District Court of California, a cert~.fied copy of which
was recorded I'ebzvary 8, 1874 in F3ook 28j paye 158, of Le~ds, in
the office of the Countj, Pzcorder of IAS Angeles Gounty,
Califc,rnia, 6escribe3 as follaw3:
13eyinning at the northvrest ~~ner of the land
of James Manassero, et al., as shc~.m on a map filed in Book 37,
page 25, of REOOrd of Suz-reys in ~~e of£ice of the County
Roorder of Orange Coimty; thence .~.i.c.ig the northerly
prolor~yation of the west.~sly line of said land North 8°'14~06"
East 42,00 feet to its in;ersection with a line which is parallel
and ooncentric with, and distant southerly 83.00 feet at right
angles from the aoutherly iirie of ilrangethorpe Avenue; thence
along said para7.lel an8 wncentric lui. the follar.~..~scr ~u:s~s;
South 82°06'33" Fast 614.55 feet tr~ the beginning of a tangent
curve, ooncave southerly and having a radius of 5671.05 feet;
tl~ence easterly 406.79 feet along said cutve, through a aentral
angle of 4~06'34"; th~nce rangent tn maid cu~,e South 77°59'S9"
East 1066.68 f'eet to its int~rsection w.ith the northerly line of.
the land of t~kirius Eoisseranc as shown or: a map filed in Book 2,
page 39, of Fteo~rd of Suzveys of orange County; thence along sa:d
northerly line North II6°36'00" West 1063.39 feet to the easterly
line of lands shawn or. said map £iled in Book 37, page 25, of said
P,ea~rd of Suraeys; thence along said easterly line North 0°15'20"
Weat 119.74 fst:t tA its intersection with a non-tangent curve
concave southerly and having a radius of 5629.65 feet (a radial
line of said curve bears Plorth 11°S3'46" East through eaid
intersection), szid curve also being wncentric with and 42.00
feet southerly of the curv~ herein described as havinq a radius
of 5671.65 feet; thenc~ wpsterly 393.61 feet along said curve,
through a central angle of 4°00'21°; thence tangent t~o ~aid curve
North 82°06'33" FTeet 51~3.8~ ~eet to the point af begiruLing.
WHEREAS, the Clty Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on November 22, i976~ at 1:3~ A•m., notice of sald public
hearing having been duly given as requlrrd .by law and in accordance with the
provlsions of the Anaheim Munic!pal Code, Chapter 18.03~ to hear and co~sider
evidence for and agalnst sald proposed variance and Yo Investlgate and make flndi~gs
and recommendatlons In connectlon therew(th; and
WHEREAS, sald Commtssion. after d~ie tnspectlon, investlgation and study m,ade
by itself and In its behalf, and after due cansideration o4 all evidence and reports
offered at said hearing~ does find anA determ'!ne the }ollowing facts:
1. That the petltloncr proposes the following walver from the Anaheim
Municlpal Code, to establish a 27-lot, ML(SC) subdivision:
SECTION 18.Q1.130 - Re uirement thaY all lots abut a uhlic street.
tots without street rontage proposed
2. That the above-mentioned walver is tiereby granted on the basis that the
petltioner stipulated that none of ;he lots wTthout pubSic strcet frontage will be
developed unless and until sald !ots are combineA with adJacent lots which do have
frontage on a public sCreet or alley excepting "railroad spur" lots.
3. That there are exceptionai 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 property or c;ass o,' use in the samr. vicinity and zone.
4, That the requested varlance ;~ nec~ssary f~,r the preservation and
enJoyment of a substantial property rlght possessed by other pro~erty tn the same
vicinity and zone~ and denied to the property in question.
-2- RESOLUTION NQ. PC7fi-247
~ ~
5. That the requested variance wtll not be materially detrimental to the
public welfare or inJurious to the property nr improvements in such vicintty and zone
in which the property ls located,
6. That two (2) persons appeared At sald public hearin,y in opposition; and
that no correspondence was received in opposltlon to sub.~ect petitfon,
ENVIRONMENTAL IMPACT REPORT FINDiNG; That the airectcr of the Planning
Department ha~ciermined that the proposed actlvity falis within the definitlon of
Section 3.01~ Class 5, of the Cfty of Anahelm Guldelines to the Requirements far an
Environmental Impact Repnrt and Is, therefore, categorically exempt from the
requlrement to file an Elk.
NQU, THF.REFORE, BE IT RESOLVED that the Anaheim City Planning Commission
dxs hereby grant subJzct Petltlon for Variance, upon the followtng conditions which
are hereby found to be a necessary prerequist*_e to the proposed use of the subJect
property in order to preserve the safety a~d generai welfare of the Citlzens of the
City of Anaheim:
1. That flrc hydrants shall be installed and charged as requlred and
determined to be necessary by the Chle} of the Fire Department prtor to ccvnmencement
af structural framing.
2.. That approprfate water assessment fees as determined by the Director of
Publlc Utillties shall be paid to the City of Anahelm prior to the lssuance of a
building permlt.
3. That none of the Iots without public street frontage shall be developed
unless and untll sald lots are comhincd with adJacent lots whlch do have frontage on
a public street, excepting "ra(Iroad spur" lots~ as stlpulated to by the petltfoner;
and that prlor t~ the lssuance of a buflding permit for development of said lots
w(thout public street frontage, a parcel map shsll be submltted to and approved by
the City of Anahelm and then be recordedin the Office of the Orange County Recorder.
4. That subJect property shall be developed substantlally in accordance
with plans and specificatlons on flle with the CI*., ot ~:nahelm marked ExhTbit No. 1.
THE FOREGOING RESOLUTIQN is signed and approved by me this 22nd day of
November~ 1976,
C R~EMl~ ~~
ANAHEIM C17Y PLANNING COMMISSION
ATTEST:
~ I ; ~./
SECRETARY~ ANAHEIM CIT PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ARANGE )ss.
CITY OF ANANEIM )
i, Patricia B, Scanian~ SGCretary of the Anaheim City Planning Commisston,
do hereby certify that th~ forego(ng resalutTon was passed a~d adopted at a meeting
of the Anaheim City Planning Commisslon, heid on November 27~ 197b~ at 1:30 p.m,~ oy
the follow~ing vote of the members thereof:
AYES: LOMMISSIONERS: BARNES~ FARAHO, fIERBST~ KING~ MORLEY, TOLAR
NOES; COMMISSIOHERS: NONE
ABSENTs COMMISSIONERS: JOHNSON
IN WITNESS WNERF.OF~ I have hereunto set my ha~d thfs 22nd day of Npvember
1376.
~ ' " ,~~~~
SECRE AR ~ ANAliEIM L Y PLRNNING COMMI5SION
-3~ RESOLUTION N0. PC76-247