1975-532RESOLUTION NO, 75R-532
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM! GRANTING VARIANCE NO. 2732.
WHEREAS, after a request for variance by William Lyon
Company, owner; Gared N. Smith, agent, was received, a public
hearing before the Planning Commission of the City of Anaheim
was held upon due and proper notice as a result of which Variance
No. 2732 was granted in whole covering the following described
property:
THAT PORTION OF THE LAND ALLOTTED TO PRUDENCIO YORBA
AND TO M. J. Y. DE SCULLY ACCORDING TO A MAP ATTACHED
TO AND MADE A PART OF THE DECREE OF PARTITION OF THE
RANCHO CANON DE SANTA ANA, IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, 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 THE COUNTY RECORDER OF LOS ANGELES
COUNTY, LOCATED IN THE COUNTY OF ORANGE, STATE OF CALI-
FORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID
ALLOTMENT, SAID POINT BEING STATION 7 OF SAID PRUDEN-
CIO YORBA'S FIRST CLASS LAND; THENCE NORTH 780 00' 00"
WEST ALONG THE SOUTHERLY LINE OF SAID ALLOTMENT TO
STATION 6; THENCE NORTH 20 45' 00" EAST ALONG THE WEST-
ERLY LINE OF SAID ALLOT1ENT TO STATION 5; THENCE EAST
TO STATION 4, SAID STATION BEING ON THE SOUTHWESTERLY
LINE OF THE ADOBE WALL VINEYARD IN SAID RANCHO; THENCE
SOUTH 240 45' 00" EAST TO STATION 3; THENCE NORTH 690
45' 00" EAST ALONG THE SOUTHEASTERLY LINE OF SAID
ADOBE WALL VINEYARD TO STATION 2; BEING THE MOST EAST-
ERLY CORNER OF SAID ADOBE WALL VINEYARD; THENCE EAST
ALONG THE WORTHERLY LINE OF SAID ALLOTMENT TO STATION
1; THENCE SOUTH ALONG THE EASTERLY LINE OF SAID ALLOT-
MENT TO STATION 9; THENCE SOUTH 86° 15' 00" WEST TO
STATION 8; THENCE SOUTH 50 00' 00" WEST ALONG THE EAST-
ERLY LINE OF SAID ALLOTMENT TO THE NORTHWEST CORNER OF
THE LAND ALLOTTED TO MARIA DE JESUS YORBA DE SCULLY IN
DECREE OF PARTITION OF THE RANCHO CANTON DE SANTA ANA
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALI-
FORNIA, RENDERED IN CASE NO. 1978 OF THE 17TH JUDICIAL
DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF WHICH
WAS RECORDED FEBRUARY 8j, 1874 IN BOOK 28 PAGE 158 OF
DEEDS OF LOS ANGELES COUNTY, CALIFORNIA, THENCE SOUTH
790 51' 00" EAST 235.00 FEET; THENCE SOUTH 50 00' 00"
WEST 591.40 -FEET TO A 2" X 4" POST FROM WHICH AN OLD
2" X 4" POST MARKING THE NORTHEAST CORNER OF THE RANCHO
RIVAS VRACT OF THIRD CLASS LAND IN SAID RANCHO BEARS
SOUTH 790 00' 00" EAST 472.44 FEET THENCE NORTH 790 00'
00" WEST 235.61 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION THEREOF LYING SOUTHERLY
OF THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND
DESIGNATED AS PARCEL NO. Z 33-142.01 IN A DECREE OF
CONDEMNATION ENTERED IN SUPERIOR COURT, ORANGE COUNTY,
CASE NO. 166997, A CERTIFIED COPY OF THE LIS PENDENS
-1-
THEREOF BEING RECORDED ON 14AY 20, 1969, AS INSTRUMENT
NO. 12927 IN BOOS: 8962 PAGE 257 OF OFFICIAL RECORDS OF
SAID COUNTY,
ALSO EXCEPT THEREFROM ALL THE LAND INCLUDED WITHIN THE
YORBA ANNEXATION NO. 116 PER ORDINANCE NO. 1777 RE—
CORDED IN ORA14GE COUNTY AUGUST 13, 1964,
AND ALSO EXCEPT THAT PORTION THEREOF DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID STATION 1; THENCE NORTH 890 10' 15"
WEST 19.26 FEET ALONG THE NORTH LINE OF SAID LAND;
THENCE SOUTH 250 22' 16" EAST 43.61 FEET TO THE EAST
LINE OF SAID LAND; THENCE NORTH 00 49' 45" EAST 39.13
FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE SANTA
FE RAILROAD RIGHT OF WAY.
ALSO EXCEPT THEREFROM THAT PORTION OF THE TRACT OF
FIRST AND SECOND CLASS LANDS ALLOTTED TO MARIA JESUS
YORBA DE SCULLY, IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PAR—
TITION OF THE RANCHO CANON DE SANTA ANA, A CERTIFIED
COPY OF WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK
28 PAGE 58 OF DEEDS, IN THE OFFICE OF THE COUNTY RE—
CORDER OF LOS ANGELES COUNTYp CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT SECTION 3 OF THE TRACT OF FIRST AND
SECOND CLASS LAND ALLOTTED TO MARIA DE JESUS YORBA
DE SCULLY IN THE FINAL DECREE OF PARTITION IN CASE
NO. 19781 IIT THE SEVENTEENTH JUDICIAL DISTRICT COURT
IN AND FOR THE COUNTY OF LOS ANGELES, STATE OF CALI—
FORNIA, THENCE SOUTH 890 53' 50" EAST, PARALLEL TO
THE NORTH LINE OF SAID ALLOTMENT 69.93 FEET; THENCE
SOUTH 170 36' 55" WEST 151.67 FEET TO AN ANGLE POINT
IN THE NORTHEAST LINE OF LAND DESCRIBED IN THE DEED
TO FRANCISCA Le DE RUI Z RECORDED APRIL 7, 1915 IN
BOOK 266 PAGE 318 OF DEEDS; THENCE NORTH 790 53' 40"
WEST, ALONG THE NORTH LINE OF SAID LAND OF FRANCISCA
Le DE RUI Z AND ALONG THE NORTH LINE OF LAND DESCRIBED
IN DEED TO J. COLMAN TRAVIS RECORDED AUGUST 12, 1924
IN BOOK 536 PAGE 201, OF DEEDS, 422.91 FEET TO THE
NORTHWEST CORNER OF SAID LAND OF J. COLMAN TRAVIS AND
TO THE WEST LINE OF SAID ALLOT14ENT; THENCE NORTH 4"
59' 35" EAST, ALONG SAID WEST LINE, 46.42 FEET TO
STATION 4 OF SAID ALLOTMENT; THENCE NORTH 860 24' 35"
EAST, ALONG THE NORTH LINE OF SAID ALLOTMENT, 389.40
FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THE FOLLOWING:
BEGINNING AT STATION 3 OF SAID TRACT; THENCE PARALLEL
WITH THE NORTH LINE OF SAID ALLOTMENTs, SOUTH 890 13'
40" EAST 69.93 FEET; THENCE SOUTH 180 17' 05" WEST
151.67 FEET TO AN ANGLE POINT IN THE NORTHEAST LINE
OF LAND DESCRIBED IN DEED TO FRANCISCA L. DE RUIZ
RECORDED IN BOOK 266 PAGE 318 OF DEEDS, RECORDS OF
—2—
ORANGE COUNTY, CALIFORNIA, THENCE NORTH 79" 13' 30"
WEST 94.12 FEET; THENCE NORTH 80 31' 09" EAST, 91.91
FEET; THENCE NORTH 570 10' 07" EAST 67.25 FEET TO
THE POINT OF BEGINNING, AS CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED JULY 28, 1954 IN BOOK
2778 PAGE 632, OF OFFICIAL RECORDS,
EXCEPT FROM SAID LAND 1/12TH OF ALL OIL AND MINERAL
RIGHTS IN SAID LAND AS RESERVED BY SEVERIANA HERNAN-
DEZ IN DEED RECORDED DECEMBER 13, 1926 IN BOOK 684
PAGE 458, OF DEEDS OF SAID COUNTY.
ALSO EXCEPT A LIFE ESTATE IN AND TO 1/2 OF 1/3 OF
ALL OIL AND MINERAL RIGHTS AS RESERVED BY ANTONIO A.
CORONADO AND TERESA C. CORONADO, HIS WIFE, IN DEED
RECORDED MAY 131 1938 IN BOOK 937 PAGE 473, OFFICIAL
RECORDS,
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION
OF THE TRACT OF FIRST AND SECOND CLASS LANDS ALLOT-
TED TO MARIA JESUS YORBA DE SCULLY, IN THE COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE
FINAL DECREE OF PARTITION OF THE RANCHO CANON DE
SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED
FEBRUARY 8, 1874 IN BOOK 28 PAGE 58 OF DEEDS, IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, LYING WITHIN A STRIP OF LAND 12.00 FEET
IN WIDTH, THE WESTERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND
DESCRIBED IN THE DEED TO FRANCISCA L. RUIZ, RECORDED
APRIL 71 1915 IN BOOK 266 PAGE 318 OF DEEDS, RECORDS
OF SAID ORANGE COUNTY; THENCE ALONG THE WESTERLY
LINE OF SAID LAND NORTH 50 00' 25" EAST 591.07 FEET
TO THE SOUTHERLY LINE OF PARCEL 1 ABOVE DESCRIBED.
EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE
100.00 FOOT STRIP OF LAND, AS CONVEYED TO THE RIVER-
SIDE, SANTA ANA AND LOS ANGELES RAILWAY COMPANY BY
DEED RECORDED NOVEMBER 19, 1886 IN BOOK 176, PAGE
572 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALI-
F 0Rliq IA .
AND ALSO EXCEPT THAT PORTION OF THE LAND ALLOTTED
TO PRUDENCIO YORBA IN DECREE OF PARTITION OF THE
RANCHO CANON DE SANTA ANA IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIAI RENDERED IN
CASE NO . 19 7 8 , OF THE 17TH JUDICIAL DISTRICT COURT
OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RE-
CORDED FEBRUARY 8, 1874 IN BOOK 28 PAGE 158 OF DEEDS
OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE 0.50 ACRE
PARCEL DE:`%L'AIBED IN THE DEED TO YORBA IRRIGATION
COMPANY RECORDED APRIL 28, 1925, IN BOOK 574 PAGE
345 OF DEEDS OF SAID ORANGE COUNTY; THENCE NORTH
-3m
730 34' 00" WEST 34.21 FEET ALONG THE WESTERLY PRO-
LONGATION OF THE NORTHERLY LINE OF SAID 0.50 ACRE
PARCEL; THENCE SOUTH 10 22' 05" WEST 472.20 FEET
TO THE NORTHERLY LINE OF PLACENTIA YORBA ROAD AS
DESCRIBED IN THE DEED RECORDED JANUARY 6, 1916, IN
BOOK 28.0 PAGE 151 OF DEEDS; THENCE SOUTH 780 10'
20" EAST 305.64 FEET ALONG SAID NORTHERLY LINE TO
THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF
THE 1900 ACRE PARCEL DESCRIBED IN THE DEED TO YORBA
IRRIGATION COMPANY RECORDED APRIL 15, 1914 IN BOOK
248 PAGE 135 OF DEEDS; THENCE NORTH 50 00' 00" EAST
440.26 FEET ALONG SAID PROLONGATION AND SAID EAST-
ERLY LINE TO THE NORTHEAST CORNER OF SAID 1.00 ACRE
PARCEL; THENCE 730 34' 00" WEST 305.92 FEET TO THE
POINT OF BEGINNING.
SAID LAND IS SHOWN ON A MAP FILED IN BOOK 21 PAGE
27, OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY,
AND ALSO EXCEPTING THOSE PORTIONS OF LAND IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFOR-
NIA, AS DESCRIBED IN GRANT DEED RECORDED MARCH 12,
1974, IN BOOK 11093 PAGES 295 AND 2961 AND IN GRANT
DEED RECORDED FEBRUARY 8, 1974 IN BOOK 11071 PAGES
1948 TO 1951 INCLUSIVE, AND IN GRANT DEED RECORDED
FEBRUARY 8, 1974 IN BOOK 11072 PAGES 7 TO 8 INCLU-
SIVE, ALL OF OFFICIAL RECORDS OF THE COUNTY OF
ORANGE, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THOSE PORTIONS OF LAND INCLUDED
IN TRACT NO. 8511, BOOK 355 PAGES 37 to 39 INCLU-
SIVE AND TRACT N0. 7416 BOOK 311 PAGES 37 TO 42
INCLUSIVE, BOTH OF OFFICIAL RECORDS, COUNTY OF
ORANGE, STATE OF CALIFORNIA.
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 classifica-
tion in the vicinity.
2. That, because of special circumstances shown in
(l) above, strict application of the zoning code
deprives the property of privileges enjoyed by
other property under identical zoning classifica-
tion 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 to construct a 304 -unit apartment complex
with waivers of the following sections of the Anaheim Municipal
Code:
-4-
SECTION 18.34.062.032 - Minimum Floor Area. (700
square feet required; 498
square feet proposed)
SECTION 18.34.066.030 - Required enclosure of carports.
(Open carports proposed)
That said variance be granted subject to the following conditions:
1. That this variance is granted subject to the completion
of Reclassification No. 75-76-3.
2. That the setback area along the north and northeast prop-
erty lines shall be fully landscaped, as stipulated to by the
petitioner.
• 3. That subject property shall be developed substantially
.in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos, 1, 2 and 3.
BE IT FURTHER RESOLVED that the City Council hereby re-
serves the right to revoke such variancepermit for good cause or
failure of said owner, 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 RESOLU"'T�" - - - ------ ' -- ' - •
this 14th day of October, 1975
ATTEST:
CITY CLERK OF THE C TY OF ANAHEIM
FAL JR: fm -5-
iy me
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, AWNA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 75R-532 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim held on the 14th day of October, 1975,
by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Seymour, Pebley and Sneegas
NOES: COUNCIL MMERS: Ka.ywood and Thom
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 75R-532 on the 14th day of
October, 1975.
IN: WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 14th day of October, 1975.
--� cZ
CITY CLERK OF THE CI OF ANAHEIM
(SEAL)
1, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
75R-532 duly passed and adopted by the Anaheim City Council on
October 14, 1975.
City Clerkif